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Armed Forces Act 2006

Armed Forces Act 2006 Sch 14 para 54

Sch 14 para 54

(1) Schedule 1 to that Act (enlistment) is amended as follows. (2) For paragraph 2(1) substitute— (1) An enlisting officer shall not enlist a person under the age of 18 unless consent to the enlistment has been given in writing by— (a) an appropriate person; or (b) if the person offering to enlist is living with more than one appropriate person, each of those appropriate persons. (1A) In this paragraph “ appropriate person ” means, in relation to a person offering to enlist, a person with— (a) parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him; or (b) parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him. (3) In paragraph 2(2) for “appropriate minimum age” substitute “ age of 18 ” . (4) In paragraph 4(4) for “appropriate minimum age” substitute “ age of 18 ” . (5) In paragraph 5— (a) in sub-paragraph (1) omit “or recklessly”; (b) in sub-paragraph (2) for “subject to service law” substitute “ a member of the reserve forces ” ; (c) in sub-paragraph (3) for the words from “has since” to the end substitute “ becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006. ” ; (d) after that sub-paragraph add— (4) For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10. (5) Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces. (6) In paragraph 6(1) for “a court-martial” substitute “ the Court Martial ” . (7) Omit paragraph 7 and the heading before it.

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