The Armed Forces (Miscellaneous Amendments) Regulations 2019

• Citation: S.I. 2019/967
• Sections: 11

Section 1 Citation and commencement

(1) These Regulations may be cited as the Armed Forces (Miscellaneous Amendments) Regulations 2019.

(2) These Regulations come into force on 1st July 2019.

Section 2 Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009 are amended as follows.

Section 3 Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

For regulation 11 (procedure for bringing a charge) substitute—

Procedure for bringing a charge

(11)

(1) The procedure for bringing a charge against a person (“A”) under section 120(2), 121(1A) or 122(1) is as follows—

(a) a charge sheet must be prepared in accordance with the Schedule;

(b) the person bringing the charge must sign the charge sheet; and

(c) a copy of the signed charge sheet must be served on A.

(2) If A is subject to service law or a civilian subject to service discipline, a copy of the signed charge sheet must be served by hand on A by the commanding officer of A.

(3) But if A has ceased to be subject to service law or a civilian subject to service discipline, a copy of the signed charge sheet must be served—

(a) by hand on A by the commanding officer of A; or

(b) by being left at, or sent by post to, A’s usual or last known address by—

(i) the commanding officer; or

(ii) the DSP if the charge is brought under section 121(1A).

(4) When a charge is brought under section 121(1A) or 122(1), the DSP must provide a copy of the charge sheet to the court administration officer as soon as practicable after service of the charge sheet on the accused.

(5) A commanding officer or the DSP may authorise a person to serve a copy of a signed charge sheet on his or her behalf.

Section 4 Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

In regulation 13 (amendment, substitution and addition of charges by a CO) for “section 120(2) or 122(1)” substitute “section 120(2), 121(1A) or 122(1)”.

Section 5 Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

In regulation 14 (amendment, substitution and addition of charges by the DSP)—

(a) in paragraph (2)(c) omit “by hand”; and

(b) after regulation 14(2) insert—

(2A) If the accused is subject to service law or a civilian subject to service discipline, the DSP must ensure that a copy of the signed charge sheet is served by hand on the accused.

(2B) But if the accused has ceased to be subject to service law or a civilian subject to service discipline, the DSP must ensure that a copy of the signed charge sheet is served on the accused—

(a) by hand; or

(b) by leaving it at, or sending it by post to, the accused’s last known address.

Section 6 Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

In paragraph 1(b) of the Schedule for “section 122(1)” substitute “section 121(1A) or 122(1)”.

Section 7 Transitional arrangements in respect of the amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

(1) The amendments of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009 made by regulations 2 to 6 do not have effect in relation to—

(a) a case referred by a service policeman before 1st July 2019 to—

(i) the Director of Service Prosecutions under section 116(2) of the Armed Forces Act 2006 (referral of case following investigation by service or civilian police); or

(ii) a person’s commanding officer under section 116(3) of the Act; or

(b) a case where the investigation that gives rise to it has also given rise to a case mentioned in sub-paragraph (a).

(2) For the purposes of this regulation, an investigation gives rise to two or more cases if the investigation relates to incidents or conduct that are to be regarded as giving rise to each of those cases under section 117(2) of the Armed Forces Act 2006.

(3) In this regulation—

(a) “investigation” means an investigation mentioned in section 116(1) of the Armed Forces Act 2006; and

(b) references to section 116 of the Act are to that section as it had effect before 1st July 2019.

Section 8 Amendment of the Armed Forces (Review of Court Martial Sentence) Order 2009

After paragraph 1(b) of the Schedule to the Armed Forces (Review of Court Martial Sentence) Order 2009 insert—

(ba) an offence under one of the following sections of the Sexual Offences Act 1956—

(i) section 6 (intercourse with girl between 13 and 16);

(ii) section 14 or 15 (indecent assault on a woman or a man);

(bb) an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child);

Section 9 Amendment of the Armed Forces (Prescribed Air Navigation Order Offences) Order 2009

The Armed Forces (Prescribed Air Navigation Order Offences) Order 2009 is amended as follows.

Section 10 Amendment of the Armed Forces (Prescribed Air Navigation Order Offences) Order 2009

In article 2 (interpretation) in the definition of “the Order” for “the Air Navigation Order 2005” substitute “the Air Navigation Order 2016 ”.

Section 11 Amendment of the Armed Forces (Prescribed Air Navigation Order Offences) Order 2009

In article 3 (prescribed Air Navigation Order offences)—

(a) in paragraph (a) for “article 73” substitute “article 240 (endangering safety of an aircraft)”;

(b) in paragraph (b) for “article 74” substitute “article 241 (endangering safety of any person or property)”;

(c) in paragraph (c) for “article 75(1)” substitute “article 242(1) (drunkenness in aircraft)”;

(d) in paragraph (d) for “article 75(2)” substitute “article 242(2)”;

(e) in paragraph (e)—

(i) for “commander” substitute “pilot in command”;

(ii) for “article 77” substitute “article 244 (authority of pilot in command of an aircraft)”;

(f) in paragraph (f) for “article 78(a)” substitute “article 245(a) (acting in a disruptive manner)”;

(g) in paragraph (g) for “article 78(b)” substitute “article 245(b)”;

(h) in paragraph (h)—

(i) for “his” substitute “the crew member’s”;

(ii) for “article 78(c)” substitute “article 245(c)”.