OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

In this Order—

  • “the Act” means the Armed Forces Act 2006;

  • “the appropriate person” means—

    1. (a)

      the person to be searched; or

    2. (b)

      the person in charge of a vehicle that it is proposed to search;

  • “authorising service policeman” means a service policeman of or above the rank of naval lieutenant, military or marine captain or flight lieutenant;

  • “documents” includes information recorded in any form;

  • “excluded material” has the meaning given in section 11 of PACE;

  • “items subject to legal privilege” has the meaning given in section 10 of PACE, and “legal privilege” shall be construed accordingly;

  • “premises” has the meaning given to it in section 96(3) of the Act;

  • “relevant offence” has the meaning given in section 84(2) of the Act read with article 33 and Schedule 3;

  • “relevant residential premises” has the meaning given to it in section 86(3) of the Act;

  • “seized property”, in relation to any exercise of a power of seizure, means anything seized in exercise of that power;

  • “serious service offence” means—

    1. (a)

      an offence under section 42 of the Act for which the corresponding offence under the law of England and Wales is an indictable offence;

    2. (b)

      any other service offence which may not be dealt with at a summary hearing by a commanding officer;

    3. (c)

      an offence under section 11(1) of the Act (using violence against a superior officer);

    4. (d)

      an offence under section 18(3) or (4) of the Act (offences in relation to official documents and records with intent to deceive);

    5. (e)

      an offence under section 24(1) of the Act (intentional or reckless damage to or loss of public or service property);

    6. (f)

      an offence under section 39 of the Act of attempting to commit an offence within paragraph (c), (d) or (e);

    7. (g)

      an offence under section 40 of the Act of encouraging or assisting the commission of an offence within paragraph (c), (d) or (e);

  • “service proceedings” means—

    1. (a)

      a summary hearing under the Act by a commanding officer; or

    2. (b)

      proceedings before the Summary Appeal Court, the Court Martial or the Service Civilian Court;

  • “special procedure material” has the meaning given in section 14 of PACE; and

  • “unit” includes a naval ship or establishment and an air force station.