Armed Forces Bill — Explanatory Notes: Bill 367 EN 2024-26

Bill 367 - EN 59/1

ARMED FORCES BILL
EXPLANATORY NOTES
What these notes do
These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on
15 January 2026 (HCB367).
● These Explanatory Notes have been prepared by the Ministry of Defence in order to assist the
reader of the bill and to help inform debate on it. They do not form part of the Bill and have
not been endorsed by Parliament.
● These Explanatory Notes explain what each part of the Bill will mean in practice; provide
background information on the development of policy; and provide additional information on
how the Bill will affect existing legislation in this area.
● These Explanatory Notes might best be read alongside the Bill. They are not, and are not
intended to be, a comprehensive description of the Bill.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Table of Contents
Subject Page of these Notes

Overview of the Bill 5
Policy background 6
Legal background 13
Territorial extent and application 16
Territorial application outside the UK 17
Commentary on provisions of Bill 18
Clause 1: Duration of the Armed Forces Act 2006 18
Clause 2: Armed Forces Covenant 18
Clause 3: Defence housing and other property 19
Schedule 1: Defence Housing and other property 21
Clause 4: Interference with uncrewed devices 24
Clause 5: Sexual harm prevention orders and sexual risk orders 26
Schedule 2: Sexual harm prevention orders and sexual risk orders 26
Clause 6: Protection from domestic abuse and stalking 28
Schedule 3 Part 1: Service Domestic Abuse Protection Notices 28
Schedule 3 Part 2: Service Domestic Abuse Protection Orders 30
Schedule 3 Part 3 Service stalking protection orders 34
Schedule 3 Part 4: Notification Requirements 37
Schedule 3 Part 5: Guidance 38
Schedule 3 Part 6: Enforcement etc of service domestic abuse protection orders by
civilian courts 38
Schedule 3 Part 7: Enforcement etc of service stalking protection orders by civilian
courts 39
Schedule 3 Parts 8: Consequential and Related Amendments 39
Clause 7: Service restraining orders: enforcement etc by civilian courts 40
Clause 8: Guidance issued to civilian police 40
Clause 9: Assessment etc of risks posed by certain offenders 41
Clause 10: Victims of service offences 41
Clause 11: Parliamentary Commissioner for Administration 44

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Clause 12: Service policing protocol 45
Clause 13: Entry for purposes of obtaining evidence etc 45
Clause 14: Arrest and detention by civil authorities 46
Clause 15: Pre-charge custody 46
Clause 16: Time limit for charging certain offences 47
Clause 17: Duty of commanding officers to report serious offences 49
Clause 18: Summary hearings: punishments available to commanding officers 49
Clause 19: Deprivation orders: punishments available to commanding officers 49
Clause 20: Qualification for membership of the Court Martial 49
Clause 21: Power to impose post-charge conditions on persons not in service
detention 50
Clause 22: Dismissal of charges 51
Clause 23: Hospital assessment and treatment in cases of mental disorder 52
Clause 24: Variation or recission of activation orders by the Service Civilian Court 53
Clause 25: Guidance on exercise of criminal jurisdiction 53
Clause 26: Minor revisions of guidance on exercise of criminal jurisdiction 54
Clause 27: Driving disqualification orders: reduced disqualification period 54
Clause 28: Rehabilitation periods 56
Clause 29: Exceptions for spent cautions when taking administrative action 56
Clause 30: Commissioner’s functions in relation to Royal Fleet Auxiliary 57
Schedule 4: Armed Forces Commissioner: functions relating to the Royal Fleet
Auxiliary 57
Clause 31: Transfers between regular and reserve forces 60
Clause 32: Call out for permanent service 60
Clause 33: Recall for service 61
Clause 34: Sections 32 and 33: consequential amendments 64
Clause 35: Sections 32 and 33: transitional classes 65
Schedule 5: Call out and recall for service: transitional classes 65
Clause 36: Punishment etc of offences of desertion or absence without leave 70
Clause 37: Reserve Forces and Cadets Association 70
Schedule 6: Reserve Forces and Cadets Association 70
Clauses 38: Parliamentary control of air forces numbers 72
Clause 39: Parliamentary control of reserve force numbers and commitments 72
Clause 40: Prohibition on sentences of death 72
Clause 41: Evidence of act being carried out in course of duty 72
Clause 42: Governance and administration of Ministry of Defence Police 73
Clause 43: Cross-border enforcement powers of Ministry of Defence Police 73

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Clause 44: Property in possession of the Ministry of Defence Police 73
Clause 45: Detention etc of persons overseas in cases of mental disorder 73
Schedule 7: Detention etc of persons overseas in cases of mental disorder 74
Clause 46: Defence functions of the Oil and Pipelines Agency 75
Clause 47: Protection of military remains 76
Clause 48: Police and Criminal Evidence (Northern Ireland) Order 1989: updating 76
Clause 49: Coroners and Justice Act 2009: correcting amendment 77
Clause 50: Interpretation 77
Clause 51: Financial Provision 77
Clause 52: Extent in the United Kingdom 77
Clause 53: Extent in the Channel Islands, Isle of Man and British Overseas territories
77
Clause 54: Commencement and transitional provision 78
Commencement 79
Financial implications of the Bill 79
Parliamentary approval for financial costs or for charges imposed 80
Compatibility with the European Convention on Human Rights 80
Related documents 80
Annex A - Territorial extent and application in the United Kingdom 82

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Overview of the Bill
1 The primary purpose of this Bill is to renew the Armed Forces Act 2006 (“AFA 2006”) and,
in so doing, continue in force the primary legislation governing the armed forces. The Bill
also includes measures to improve the effectiveness and efficiency of the service justice
system so that it continues to meet the needs of the armed forces, and to put the Armed
Forces Covenant fully into law.
2 The Bill contains provisions on the following matters:
● Duration of the Armed Forces Act 2006
● Armed forces covenant
● Defence housing and other property
● Prevention etc of drones and similar issues
● Protection from sexual and violent behaviour, domestic abuse, stalking and
harassment
● Support for victims of service offences
● Investigation, arrest and charging
● Duties and powers of commanding officers
● Service courts
● Driving disqualification
● Rehabilitation of offenders
● Armed Forces Commissioner
● Reserve forces
● Parliamentary control of armed forces numbers and commitments
● Visiting forces
● Ministry of Defence Police, and
● Miscellaneous provisions.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Policy background

Service Justice System
3 Since the 1950s, an Armed Forces Act has been required every five years to continue in force
the legislation enabling the armed forces to be recruited and maintained as disciplined
bodies. Since 2009 the relevant legislation has been AFA 2006.
4 AFA 2006 replaced separate disciplinary regimes for, respectively, the Royal Navy, Army
and Royal Air Force. In so doing, it introduced a single system of service law that provides
nearly all the provisions for the existence of a system for the armed forces of command,
discipline and justice. It also provides a more limited system for dealing with offences
committed by civilians in circumstances closely connected with the armed forces. AFA 2006
covers matters such as offences, the powers of the service police, and the jurisdiction and
powers of commanding officers and of the service courts, in particular the Court Martial.
Further, it contains a substantial number of other important provisions for the armed forces,
such as provision for enlistment, pay and service complaints.
5 The service justice system measures in the Bill reflect the strategic direction and priorities
set by the Service Justice Board, which is chaired by the Minister for Veterans and People,
and has Ministers from the Attorney General’s Office and the Ministry of Justice as
members (along with representatives from each of the Services, the Director of Service
Prosecutions, the Victims’ Commissioner for England & Wales and Non-executive directors
and, while not a Board member, the Judge Advocate General also attends as an observer).
The measures reflect the three priority themes:
a. To modernise and improve victim support: These measures will better serve victims
by improving their experiences of the service justice system. They improve the
guidance and support available to victims and provide a more efficient way for them
to submit a complaint if they are not happy with the service they receive.
b. To ensure the service justice system is able to protect victims of the most serious
offences from further harm: This suite of protections and orders will ensure that
victims in the service justice system are better protected, and the risks of further harm
are reduced, by taking swift action against perpetrators. The measures actively
support the Government manifesto commitment of halving Violence Against Women
and Girls (“VAWG”) in a decade (see pages 62-69, and 103 https://labour.org.uk/wp-
content/uploads/2024/06/Labour-Party-manifesto-2024.pdf).
c. To improve the effectiveness and efficiency of the service justice system: These
measures will improve how the service justice system works so it can be a flexible,
modern, efficient jurisdiction capable of operating in any environment.
6 The measures within the three priority themes include:
a. Providing statutory guidance about specified victim support roles in the service
justice system.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
b. Making the complaint process more streamlined for victims in the service justice
system by removing the need to raise a complaint via an MP before it can be escalated
to the Parliamentary Commissioner for Administration, where the complaint relates
to the complainant’s experiences as a victim of a service offence.
c. Creating the ability to impose a Hospital Order under Section 45A Mental Health Act
Order on a defendant who is fit to stand trial.
d. Enabling a Service Restraining Order to be applicable in the criminal justice system,
thereby ensuring the order is still enforceable once an offender has left service.
e. Aligning the powers available to the Service police and Service courts with those in
the criminal justice system for the issuing of Sexual Harm Prevention Orders
(“SHPO”) and Sexual Risk Orders (“SRO”).
f. Aligning the powers available to the Service police and Service courts with those in
the criminal justice system for the issuing of Domestic Abuse Protection Notices
(“DAPNs”), and Domestic Abuse Protection Orders (“DAPOs”).
g. Ensuring those offenders sentenced by the Service courts for certain serious offences
are, upon their release, automatically managed under the Multi-Agency Public
Protection Arrangements (“MAPPA”). Currently, management by MAPPA for such
offenders is on a discretionary basis; and,
h. Aligning the powers available to the Service Police and Service courts with those in
the criminal justice system for the issuing of Stalking Protection Orders (“SPOs”).
7 Other service justice system provisions include the option to reduce a period of driving
disqualification through attendance on a course, an exemption to the Rehabilitation of
Offenders Act 1974 (“ROA 1974”), and updates to the Service courts including a corrective
amendment for qualification to sit on a Court Martial Board.
The Armed Forces Covenant
8 In common with other five-yearly Armed Forces Acts, this Bill contains measures which fall
outside the ambit of the service justice system. Notably, the Bill delivers the Labour Party’s
manifesto commitment (June 2024) to put the Armed Forces Covenant fully into law. This
policy was reaffirmed in the Government press release from the Prime Minister’s Office on
28 June 2025: https://www.gov.uk/government/news/pledge-to-protect-armed-forces-
community-as-government-delivers-on-manifesto-commitment, and in a written ministerial
statement dated 30 June 2025 https://questions-statements.parliament.uk/written-
statements/detail/2025-06-30/hcws747.
9 This provision will ensure that the needs of the Armed Forces community are considered
by relevant policymakers and decision makers in central government, local authorities,
education and health bodies and the Devolved Governments.
Defence Housing
10 In November 2025, the Ministry of Defence (“MoD”) announced its Defence Housing

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Strategy:
https://assets.publishing.service.gov.uk/media/690878cdef26c341988b2558/The_Defence_Ho
using_Strategy_2025.pdf. The new Defence Housing Strategy is divided into three pillars.
The first pillar concerns a ten-year plan to deliver a generational renewal of Defence family
housing. The second pillar is for the establishment of a new independent body for Defence
housing which has the needs of Service Personnel and their families at its heart and takes a
“Forces First” approach to its work. The third pillar is to ensure Defence Housing and
Defence land delivers for the nation.
11 This Bill enables the delivery of the second pillar of the Defence Housing Strategy by
providing the legislative framework for the establishment of a new corporate body, the
Defence Housing Service. The function of the new body will include improving the supply
and quality of defence housing for service persons and their families as well as the
development of land used or formerly used for defence purposes, and it will have powers
conferred upon it to fulfil this purpose.
Prevention etc of drones and similar devices
12 Under Part 2 of the Police Act 1997, only Police constabularies, HM Prison Services, and
certain other named bodies have the authority to use authorised equipment to detect and
prevent threats posed by uncrewed devices (also commonly referred to as drones). As
Defence personnel are not covered by this Act, only civilian police have the power to
protect Defence property and activities. Service Police can only routinely authorise
actions in response to persons subject to service law.
13 The provisions in the Bill therefore provide the necessary authorisation for Defence
personnel to employ approved equipment to detect and prevent relevant offences being
committed by uncrewed devices against Defence property and activities, and to provide a
legislative framework that is sufficiently flexible to address emerging threats from
adversaries.
Reserve Forces
14 In recent years, the MoD has conducted a number of synthetic exercises under several
scenarios where the UK is involved in conflict with a peer adversary. In all cases there have
been significant pressures and demands on the number of Service Personnel available for
both warfighting and homeland Defence. From this work, the MoD concluded that there
was a need to maximise the number of personnel available to Defence, increasing usage of
Reservists as part of a whole force approach. Defence is already empowered to recall
Reservists at times of National need. However, the legislation in the Reserve Forces Act
1996 (“RFA 1996”) reflects a post-cold war, peace-time stance in which the threat to the
home territory and people of United Kingdom itself was minimal. Given the increasingly
uncertain geopolitical world, the MoD are seeking to modernise RFA 1996, which is aligned
to the direction provided by the Strategy Defence Review for: a “whole Defence” approach;
to re-energise the relationship with the Strategic Reserve; and to increase the Active Reserve
by 20% when funding allows.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
15 The Strategic Defence Review was published in June 2025:
https://assets.publishing.service.gov.uk/media/683d89f181deb72cce2680a5/The_Strategic_D
efence_Review_2025_-_Making_Britain_Safer_-_secure_at_home__strong_abroad.pdf
Background to Clause 31 – Transfer between regular and reserve forces
16 Currently members of the Regular Forces who wish to transfer into the Volunteer Reserve
(the Royal Naval Reserve, the Royal Marine Reserve, the Army Reserve and the Royal
Auxiliary Airforce) have to formally leave the regulars and rejoin the reserve. Any service
person who wishes to join the Regulars from any of the Reserve Forces as set out in Section
1 of RFA 1996 will also have to leave that force to join the Regulars.
17 Although in practice the Services try to make the process as smooth as possible, the fact that
Service Personnel have to leave and rejoin can lead to some undesirable outcomes (people
being asked to re-take medicals, re-attest etc). The MoD is examining the creation of a more
flexible framework that would allow a Service Person to serve in different types of service
(e.g. regular and reserve) multiple times over their career. Clause 31 seeks to help facilitate
this by removing any friction caused by having to leave and rejoin, and provide Service
Personnel more career flexibility and choice.
18 Clause 31 will only apply to Service Personnel wanting to leave the Regular Forces and join
the Volunteer Reserve Forces and those in the Reserve Forces who wish to join (or rejoin)
the Regular Forces. Movement between these forces will remain entirely voluntary an d
subject to the needs of the Service. The current law that permits the MoD to transfer Service
People at the end of their regular service to serve a call out liability in either the Regular
Reserve (the Royal Fleet Reserve, the Regular Reserve and the Air Force Reserve) or under
the provisions of Part VII of RFA 1996 is unchanged.
Background to Clause 32 – Call out for permanent service
19 Currently, the maximum duration of Service on call-out under subsections 52, and 54 of
RFA 1996 is limited to 3 years and 12 months respectively. This includes a person’s “ current
Service under the order and any relevant Service in aggregate”. Relevant Service means any
permanent Service in the 6 years and 3 years (respectively) preceding the current Service.
The measures in clause 32 will enable the Secretary of State to disapply aggregated Service
such that the maximum duration of Service on call-out only includes current Service under
the relevant call out order. This will only be possible for call-out or recall for warlike
operations being in preparation or in progress or national danger, great emergency or
attack on the UK, and would be enacted via order signed by the Secretary of State, which is
reported to Parliament without delay.
20 Clause 32 primarily makes amendments to RFA 1996 in relation to the disapplication of
aggregate Service under sections 53 (maximum duration of Service on call out under section
52), and 55 (maximum duration of Service on call out under section 54).
Background to Clause 33 – Recall for service
21 Currently, only Part Time Volunteer Reservists (“PTVR”) officers and Ex-Regulars of all
ranks have a recall liability. Accordingly, Defence proposes to change this to include PTVR
(Other Ranks), to enable it to utilise a source of hitherto untapped latent capability and

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
secure a better return of service on the investment Defence makes in this cohort of
personnel. It should significantly increase the quantity and quality of the personnel who
comprise the Strategic Reserve1 and enhance national resilience accordingly. This measure
would bring the UK in step with the US Army Reserve and National Guard approach.
22 Currently the list of recall criteria detailed in RFA 1996 does not include a ‘transition to war’
or ‘sub-threshold’ scenario. Recall is only possible in the event of imminent danger,
grave emergency or actual attack on the UK, by which time the means to mobilise them
may have been deliberately degraded by the enemy. Furthermore, the length of the
retraining period now required to bring recalled personnel into line with the digitised
warfighting environment means that being unable to mobilise them until war has almost
started presents undue risk.
23 Defence has extant powers to call out Serving Reserve personnel for warlike operations,
but RFA 1996 as currently written does not permit Defence to recall former Service
personnel to full time Service for the same purpose. In the event of a national crisis, this
could result in Defence being unable to generate the mass it requires at pace to deliver
warfighting and home Defence capabilities.
24 Accordingly, the Bill adds a new provision into RFA 1996, to enable recall for “warlike
operations”. This would mirror the current power that enables the Secretary of State to call-
out members of the Reserve Forces if it appears to them that warlike operations are in
preparation or progress.
25 Currently, non-officers who may previously have had a recall liability will no longer have
such a liability after the age of 55 or after 6 years from the Royal Navy or Royal Marines. By
comparison, Army and RAF personnel both retain a recall liability for 18 years following
discharge, which clearly differs to the approach taken for RN and RM personnel. Research
and analysis have found no tangible reason for this ongoing anomaly.
26 Accordingly, the policy objective of this measure is to change the upper age limit to 65 and
to increase the recall liability for RN and RM personnel from 6 to 18 years to ensure
consistency with the Army and the RAF.
27 The Bill amends RFA 1996 to enable the Secretary of State to disapply aggregate service for
those who have been recalled to permanent service. This approach is mirrored by the
proposal to amend RFA 1996 to disapply aggregate service for members of the Reserve
Force when called out into permanent service. This will only be possible for call -out or
recall for warlike operations being in preparation or in progress or national danger, great
emergency or attack on the UK, and would be enacted via order signed by the Secretary of
State which is reported to Parliament without delay.
Background to Clause 35 and Schedule 5 – Call out and recall of reserve force members: transitional
classes

1 The ‘Strategic Reserve’ comprises of members of the Ex-Regular Reserve Forces who retain a liability under RFA
1996 to train for up to 16 days a year and be called out for military tasks (“mobilised”); and officers and former
Other Ranks of the Regular Services who are not members of the Volunteer Reserve Force or the Ex-Regular
Reserve Force, but retain a liability to be recalled into the Armed Forces in certain circumstances.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
28 To further ensure that Defence will be able to call out and/or recall personnel at pace and
scale, the Department is introducing the measures via an opt-out model to the
following cohorts:
a. Current members of the Regular Forces;
b. Current members of the Volunteer Reserve Forces.
Those members of the following personnel will not be included, but can opt in should they so
wish:
a. Current members of the Ex-Regular Reserve Forces; and
b. Those still subject to recall under Part 7 of RFA 1996.
29 The policy intent is that individuals who fall into the opt-out cohort will be provided with 6
months (minimum) to opt-out. However, in order to ensure that there is sufficient flex to
allow for different provision to be made in different cases (e.g. if someone never received
notice of the requirement to opt-out and therefore it may be appropriate to provide them
with a different length of time), this detail will be set out in secondary legislation. Schemes
to apply for exemption and financial assistance under Part 8 RFA 1996, as well as defined
limits on duration and scope, will continue to apply to impacted individuals which will
ensure that those unsuitable for service are not mobilised, i.e. an ‘opt out’ model would not
necessarily equate to a guaranteed return to service.
Background to Clause 37 – Reserve Forces and Cadets Associations
30 Originally established in 1908, the Reserve Forces and Cadets Associations (“RFCAs”) play
a crucial role in supporting the UK’s Armed Forces. There are presently thirteen RFCAs and
their duties include:
a. Advising the Government’s Defence Council and the single services on reserve and
cadet matters.
b. Managing and maintaining the ‘VE’, a network of reserve sites and cadet centres
where the reserves and cadets train.
c. Engaging with employers and wider society to promote the interests of the reserves
and cadets.
d. Supporting the development and running of cadet forces.
31 RFCAs are not a direct part of the MoD. They are funded and tasked by the Department but
operate as unclassified Arms-Length Bodies with Crown status. RFA 1996 granted the
RFCAs the power to create a Joint Committee of two or more of the RFCAs as they deemed
necessary. Using this power, they created the Council of RFCAs (“CRFCA”) to provide
central internal coordination and a focus to enable the associations to fulfil the requirements
of their customers within resources. The RFCAs work through, but are not legally
accountable to, the CRFCA under the current construct. Additionally, each RFCA is an
independent, community-based organisation, governed by representatives of the Reserve
Forces, Cadet Forces, regular services, local authorities, employers and civil society.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
32 In 2019, the MoD published a review into the RFCAs:
https://data.parliament.uk/DepositedPapers/Files/DEP2021-0871/RFCA_Review_2019.pdf .
The review put forward 80 recommendations for change. This included the regularising
and streamlining of the CRFCA and, as per recommendation 2.10a, its consolidation along
with the 13 regional RFCAs into a single, non-departmental public body (“NDPB”), to
improve and give clearer governance and efficiency, and to address the financial, legal,
safeguarding and estate safety risks being carried by the MoD and the RFCAs.
Improvements have been made, but the Department continues to carry some of these risks.
This was looked at by the National Audit Office and discussed by the Public Accounts
Committee during Spring 2025. Accordingly, the provisions in the Bill address the
remainder of the 2019 recommendations in full.
Background to Clauses 38 and 39: Parliamentary control of armed forces numbers and commitments
33 Removing the statutory requirements to report certain details in respect of the reserves and
RAF regulars will enable Defence to provide a single global figure per single Service which
will enable far more flexible use of our armed forces. It will ensure that Defence can
maximise the use of the skills in the force. Recognising that control of the size of the Army
goes back to the Bill of Rights in 1688, the Government would still request permission for an
overall number of members (combining regular and reserve numbers) of each Service
(Royal Navy, Army and Royal Air Force) through the MoD’s Ambit which is published as a
schedule to the annual Supply and Appropriations Act. In addition, we will produce a
simplified VOTES A that will allow formal approval of the combined overall size of the
Royal Navy, Army and Royal Air Force and their respective Reserves.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Legal background
Legal background to the service justice system
34 AFA 2006 contains most of the primary legislation for the service justice system. The service
justice system is the current disciplinary regime for the UK armed forces. It applies to UK
service personnel (referred to in the Act as “persons subject to service law”) wherever they
are in the world. The regime also applies to some civilians, for example, when they are
living or working with the armed forces on certain UK bases overseas. They are referred to
in AFA 2006 as “civilians subject to service discipline”.
35 The service justice system in AFA 2006 creates a system for dealing with “service offences”;
defined in section 50 of AFA 2006. These are mainly set out in Part 1 of AFA 2006. There are
specific service offences relating to armed forces discipline. They include, for example,
insubordination or disobedience to lawful commands. These are referred to as “service
disciplinary offences”. It is also a service offence for a service person (or civilian subject to
service discipline) to commit an act which is an offence under the criminal law of England
and Wales; or would be an offence if it were done in England and Wales; see section 42 of
AFA 2006. Such offences are known as “criminal conduct offences”.
36 AFA 2006 sets out the circumstances in which service offences can be dealt with by a
commanding officer or service courts. In summary:
a. Summary hearings: There is summary jurisdiction by which low level offending can
be dealt with by a service person’s commanding officer. The service offences which
can be dealt with in this way are set out in sections 52 to 54 of, and Schedule 1 to, AFA
2006. A service person has the right to elect trial by Court Martial instead of being
tried summarily (section 129 of AFA 2006) and has a right to appeal to the Summary
Appeal Court (see below).
b. The Court Martial: All service offences may also be investigated by the service police
and prosecuted by the independent Service Prosecuting Authority before the Court
Martial. The jurisdiction of the Court Martial is set out in section 50 of AFA 2006.
Commanding officers are obliged to ensure service police are aware of serious
offending; see sections 113 and 114 of AFA 2006. While capable of dealing with all
service offences (even those that would be summary only offences in England and
Wales) the Court Martial has – in broad terms – similar powers and practices to the
Crown Court in England and Wales. In trials, the Court Martial consists of a judge
advocate (a civilian judge) and three or six lay members (section 155 of AFA 2006).
The lay members perform a similar function to the jury in Crown Court proceedings.
The Court Martial has similar sentencing powers to the Crown Court.
c. The Service Civilian Court: The Service Civilian Court consists of a judge advocate
who tries civilians subject to service discipline for low level offences (Part 11 of AFA
2006). Its purpose is to deal with service offences which would typically be handled
by commanding officers if the person being tried was a service person, and criminal
conduct offences that would be dealt with by a magistrates’ court in England and
Wales.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
d. The Summary Appeal Court: This court hears appeals by service personnel against
sentence or conviction in summary proceedings before their commanding officer
(section 141 of AFA 2006). It consists of a judge advocate and two lay members who
will be serving officers or warrant officers (section 142 of AFA 2006). Appeals are by
way of a rehearing (section 146 of AFA 2006).
e. The Court Martial Appeal Court: There is a right to appeal convictions or sentence in
the Court Martial to the Court Martial Appeal Court, established by the Court Martial
(Appeals) Act 1968. The Court Martial Appeal Court has similar functions and powers
to the Criminal Court of Appeal in England and Wales, is staffed by the same judges
and follows the same procedure.
Legal background for other bill provisions
Armed Forces Covenant
37 AFA 2006 requires the Secretary of State to make an armed forces covenant report annually
to Parliament (see section 343A of AFA 2006), with the latest report published on 16
December 2025: The Armed Forces Covenant and Veterans Annual Report. The report
covers the effects of membership, or former membership, of the armed forces on service
people in the fields of healthcare, education, housing, inquests and in such other fields as
the Secretary of State decides. In preparing the report, the Secretary of State must have
regard in particular to the principles of the Armed Forces Covenant, as follows: (a) the
unique obligations of, and sacrifices made by, the armed forces; (b) the principle that it is
desirable to remove disadvantages arising for service people from membership, or former
membership, of the armed forces; and (c) the principle that special provision for service
people may be justified by the effects on such people of membership, or former
membership, of the armed forces. Section 343B defines various terms in section 343A,
including what is meant by “service people” and “relevant family member”.
38 The Armed Forces Act 2021 amended Part 16A of AFA 2006 to “further incorporate the
Armed Forces Covenant into law”. Sections 343AA to 343AD impose a duty on specified
persons and bodies to have due regard to the principles of the Armed Forces Covenant
when exercising specified functions in the areas of housing, education, and healthcare
across England, Wales, Scotland, and Northern Ireland. Section 343AE provides that the
Secretary of State may issue guidance in relation to the duties imposed by sections 343AA
to 343AD, which the persons or bodies subject to the duty must have regard to it when
exercising any of the listed functions. Section 343AF provides that the Secretary of State
may by way of regulations widen the scope of the duty in sections 343AA to 343AD by
specifying additional persons or bodies who are subject to the duty, and by specifying
additional functions in relation to which the duty applies.
Reserve Forces
39 The main provisions in primary legislation concerning the reserve forces are contained in
RFA 1996 which cover matters such as the organisation and membership of those forces,
service in the reserve forces, the powers to call out reservists and reserve associations.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
40 RFA 1996 makes provision with respect to matters including enlistment into, and discharge
from, the Reserve Forces and Service in the Reserve Forces, including voluntary training
(e.g. training weekends and training courses), voluntary duties (e.g. ceremonial du ties),
full-time service commitments, additional duties commitments and call out for permanent
service (often referred to as ‘mobilisation’). It also makes provision with respect to ‘recall’ as
(a process under which former members of the Armed Forces who are not members of a
Reserve Force may be brought into permanent (i.e. full-time) Service.
41 RFA 1996 is supplemented by secondary legislation made under the Act, in particular
orders and regulations made under section 4 set out much of the detail on service in the
reserve forces. The reserve forces are made up of:
a. The ex-regular reserve forces: the Royal Fleet Reserve, the Regular Reserve and the
Air Force Reserve. These consist of former members of the regular forces who, on
leaving those forces, are transferred to the reserve forces for a period of time.
b. The volunteer reserve forces: the Royal Naval Reserve, the Royal Marines Reserve, the
Army Reserve and the Royal Auxiliary Air Force. These consist of civilians who enlist
or engage in the reserve forces.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Territorial extent and application
42 Clauses 52 and 53 of the Bill set out the territorial extent and application of the Bill, that is
the jurisdictions which the Bill forms part of the law of. The extent of a Bill can be different
from its application. Application is about where a Bill produces a practical effect.
43 The provisions in this Bill will extend to the whole of the United Kingdom though subject to
the following:
a. Extend to England and Wales only—
i. Clause 3, so far as it inserts Chapter 2 of Part 16C of AFA 2006;
ii. Clause 5;
iii. Clause 9;
iv. Clause 28(2);
v. Clause 49;
vi. paragraph 1 of Schedule 1, so far as it inserts Part 4 of Schedule 11A to AFA
2006 (and clause 3(2)(a), so far as it relates to that Part of that Schedule);
vii. Schedule 2;
viii. Parts 6 and 7 of Schedule 3.
b. Clause 28(3) and (4) extends to Scotland only.
c. Clause 48 extends to Northern Ireland only. 
44 See the table in Annex A for a summary of the position regarding territorial extent and
application in the United Kingdom.

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Territorial application outside the UK
45 The changes that this Bill will make to AFA 2006 may be extended by Order in Council to
the Channel Islands. If such an Order is made, it can modify those changes (so that the law
of the Channel Islands is not the same as that of the United Kingdom).
46 The changes that this Bill will make to AFA 2006 (save for those made by clause 30 and
Schedule 4 of the Bill) extend directly (i.e. without the need for an Order in Council) to the
Isle of Man, and the British overseas territories (except Gibraltar), but an Order in Council
may be made to modify the provisions within this Bill in its application to any of those
territories.
47 The changes made to AFA 2006 by clause 30 and Schedule 4 of this Bill may be extended by
Order in Council, with or without modifications, to the Isle of Man or the British Overseas
Territories, except Gibraltar.
48 The changes that this Bill will make to the International Headquarters and Defence
Organisations Act 1964 (“IHDOA 1964”), RFA 1996, and the Visiting Forces Act 1952 (“VFA
1952”) may be extended by Order in Council to the Channel Islands or the Isle of Man. If
such an Order is made, it can modify those changes (so that the law of the Channel Islands
and the Isle of Man is not the same as that of the United Kingdom).

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
Commentary on provisions of Bill
Clause 1: Duration of the Armed Forces Act 2006
49 Since the Bill of Rights 1688, the legislation making the provision necessary for the army to
exist as a disciplined force (and, more recently, the legislation for the Royal Navy and the
Royal Air Force) has required regular renewal by Act of Parliament.
50 As originally enacted, section 382 of AFA 2006 provided that the 2006 Act would expire one
year after it received Royal Assent (which it did on 8 November 2006), unless renewed by
Order in Council approved by each House of Parliament. It provided that AFA 2006 could
be continued by such an Order for up to a year at a time, but not beyond the end of 2011.
Section 1 of the Armed Forces Act 2011 substituted a new section 382 maintaining the
pattern of renewal by annual Orders in Council, up until the end of 2016. Section 1 in each
of the Armed Forces Act 2016 and Armed Forces Act 2021 then took the same approach,
and renewed AFA 2006 up until the end of 2021 and 2026 respectively.
51 Clause 1 again substitutes a new section 382, which provides for the continuation of AFA
2006. It also repeals section 1 of the Armed Forces Act 2021, which inserted the current
section 382 into AFA 2006.
New section 382: Duration of this Act
52 This new section provides that AFA 2006 expires a year after the Armed Forces Act 2026 is
passed, unless renewed by Order in Council approved by each House of Parliament. AFA
2006 may be renewed by such an Order for up to a year at a time, but not beyond the end of
2031.
Clause 2: Armed Forces Covenant
53 Clause 2 amends Part 16A of AFA 2006 to impose a new duty to have due regard to the
principles of the Armed Forces Covenant. Subsection (2) inserts new sections 343AZA and
343AZB in Part 16A, which places a duty to have due regard to the Covenant principles
onto national authorities, health bodies, education bodies and local authorities when
exercising public functions in relation to specified matters.
54 Subsection (4) amends section 343AE of AFA 2006 to allow the Secretary of State to issue
guidance in relation to the duties imposed by new section 343AZA, which the persons
listed in new section 343AZB must have regard to when exercising their functions.
Subsection (7) further amends section 373 of AFA 2006, so that the regulations which bring
into force the guidance are subject to the negative procedure.
55 Subsection (5) amends section 343AF of AFA 2006 to allow the Secretary of State by way of
regulations to amend new sections 343AZA and 343AZB by adding, removing or modifying
the description of persons and matters in relation to which the duty in new section 343AZA
applies.
New section 343AZA: Duty to have due regard to the Covenant principles

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These Explanatory Notes relate to the Armed Forces Bill as introduced in the House of Commons on 15 January
2026 (Bill 367)
56 New section 343AZA imposes a duty on specified national authorities, local authorities,
health bodies and education bodies to have due regard to (a) the unique obligations of, and
sacrifices made by, the armed forces; (b) the principle that it is desirable to remove
disadvantages arising for service people from membership, or former membership, of the
armed forces; and (c) the principle that special provision for service people may be justified
by the effects on such people of membership, or former membership, of the armed forces.
The duty applies when exercising a public function which relates to a matter specified in
subsection (5) and which is a relevant matter in relation to that person or body, as set out in
subsection (6). The specified matters are: (a) childcare; (b) education and training; (c)
employment; (d) health and social care; (e) housing; (f) social security benefits; (g) personal
taxation; (h) criminal justice; (i) transport; (j) pensions; (k) immigration and citizenship; (l)
armed forces compensation.
New section 343AZB: Meaning of “national authority” etc
57 New section 343AZB sets out definitions of key terms in section 343AZA. In particular, it
defines the terms “national authority”, “local authority”, “education body” and “health
body”, in respect of England, Wales, Scotland and Northern Ireland.
Clause 3: Defence housing and other property
58 Clause 3 inserts new Part 16C into AFA 2006, which establishes the Defence Housing
Service (‘DHS’).
Chapter 1: Defence Housing Service
New Section 343D: Establishment
59 New section 343D establishes the DHS as a body corporate, with the functions and powers
set out in sections 343E and 343F, with further detail about its form, structure and operation
set out in Part 1 of new Schedule 11A.
New Section 343E: Functions
60 Subsection (1) of new section 343E sets out the general functions of the DHS. These include
improving the supply and quality of defence housing (subsection (1)(a)). “Defence housing”
is defined in subsection (8) and includes housing that is occupied by military personnel and
their families (service family accommodation) as well as other premises that are used as
living accommodation for defence purposes or premises used for the provision of services
to persons in such accommodation. “Defence purposes” includes the purposes of any of
HM forces, visiting forces or any other purposes of the Secretary of State for Defence
(subsection (8)).
61 The DHS’s functions will also include managing land or other property used, or formerly
used, for defence purposes (subsection (1)(b)). This could involve the DHS acting as
landlord for military housing, responsible for activities such as issuing licenses to occupy,
facilitating moves and maintaining homes.
62 Subsection (1)(c) provides for the function of securing the regeneration or development of
land or other property, which is currently being used, or was formerly used, for defence
purposes. It is anticipated that the development activities of the DHS may include

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2026 (Bill 367)
development for military or civilian use, or both.
63 The DHS will also have the function of supporting the creation, regeneration or
development of service communities and the wellbeing of those communities (subsection
(1)(d)). “Service communities”, for these purposes, are defined in subsection (8) to include
communities which include service families or others who live in defence housing. The
scope of “service family” is described in subsection (8) and includes both current and
formerly serving personnel and their families, as well as civilians subject to s ervice
discipline and their families. The definition also captures former family members.
64 Subsection (2) allows further functions to be conferred on the DHS by way of legislation or,
in the case of functions exercisable by a Minister of the Crown, by a direction in writing
given by the Secretary of State (subsection (2)(b)). The content of such a direction may relate
to the DHS’s general functions or any other of its functions (subsection (4)) and must be
published in accordance with subsection (7).
65 Subsections (3), (5) and (6) relate to the DHS’s exercise of its functions, which may include
but are not limited to the generation of income from land (for example, collecting rents) or
the management of land on behalf of the Secretary of State or others. The Secretary of State
will exercise oversight over the DHS by way of a framework agreement between the M oD
and the DHS and through guidance to which the DHS must have regard. In particular, any
framework agreement must include provision as to the required standards for service
family accommodation that is to be provided by the DHS.
New Section 343F: Powers
66 New section 343F, at subsection (1), empowers the DHS to do anything it thinks
appropriate for the purposes of, or in connection with, the exercise of its functions in section
343E.
67 Subsection (2) sets out, non-exhaustively, specific examples of how the DHS may go about
exercising its functions. These include entering into contracts (for example, contracts for the
management and maintenance of service family accommodation, or for the development of
land), buying and selling property (for example, where new service family accommodation
is required, or where land is being sold for the purposes of development) and forming or
investing in companies or partnerships (for example, to further its development objectives).
New Section 343G: Transfer of property and staff
68 New section 343G enables the Secretary of State to transfer property, rights or liabilities
from the MoD to the DHS, or a company formed by the DHS, by way of a transfer scheme.
This may include properties such as service family accommodation, land which has been
identified for development for civilian or military use, and staff. There is further detail
provided on transfer schemes in part 2 of Schedule 11A, and on provision for their tax
treatment in part 3 of Schedule 11A.
Chapter 2: Compulsory purchase for Defence Housing and other purposes
New Section 343H: Compulsory purchase powers of the DHS
69 Under new section 343H, the Secretary of State may authorise the DHS to compulsorily
purchase land, and rights over land, in England or Wales where required for purposes

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2026 (Bill 367)
connected with the DHS’s functions (subsections (1)-(3)).
70 Subsections (4) and (5) provide that the compulsory purchase power may be used to
acquire land or new rights over land, to be given as replacement for land compulsorily
purchased, where such land is owned by statutory undertakers for the purpose of their
statutory undertaking.
71 Subsections (6) and (7) provide that the compulsory purchase power may be used to
acquire land or new rights over land, to be used in exchange for land compulsorily
purchased, where such land is a common, open space, or allotment. Each of the terms
“common”, “open space” and “allotment” is defined in subsection (10).
72 Further provision about compulsory purchase by the DHS is made in Part 4 of new
Schedule 11A.
New Section 343I: Compulsory purchase powers of the Secretary of State
73 New section 343I enables the Secretary of State to compulsorily purchase land and rights
over land in England or Wales where this is required for defence purposes.
74 Subsection (2) provides that the provisions of section 343H(3) to (10) and Part 4 of Schedule
11A apply in relation to (or to matters connected with) the compulsory acquisition of land
by the Secretary of State under this section as they apply in relation to (or to matters
connected with) the compulsory acquisition of land by the DHS.
Schedule 1: Defence Housing and other property
75 Schedule 1 inserts into AFA 2006 new Schedule 11A, which makes provision for the
constitution of the DHS, transfer schemes and tax treatment of the same, compulsory
purchase and consequential and related amendments.
Part 1 of Schedule 1 - New Schedule 11A, Part 1 - DHS: constitution
76 Paragraph 1 sets out the Crown status of the DHS. The provision of military housing is
currently provided by the MoD as a Crown function. This supports the operational
effectiveness of the armed forces. For example, service personnel occupy service living
accommodation under a form of occupation licence that is outside the scope of certain
housing and tenancy legislation that would otherwise apply were military housing not to
be treated as Crown property. This allows for the rapid and efficient movement of military
personnel to different locations to meet operational needs.
77 Subparagraph (1) provides that the DHS is not to be a Crown body, nor to enjoy any status,
immunity or privilege of the Crown save as provided for under subparagraph (3).
78 Under subparagraph (3), where the DHS is carrying out a function of a Minister of the
Crown pursuant to a direction given under section 343E(2)(b), it shall have the same
immunities, privileges and exemptions as would apply to the Minister of the Crown in
relation to the carrying out of that function, if or to the extent specified in the direction.
79 Subparagraphs (4) to (7) relate to the Crown status of the DHS’s property.
80 Subparagraph (4) provides that property of the DHS is not Crown property, other than as
provided for under subparagraphs (5) and (6).

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2026 (Bill 367)
81 Subparagraph (5) permits property transferred from the Secretary of State to the DHS under
a transfer scheme under new section 343G to be treated as if it were Crown property after
its transfer.
82 Subparagraph (6) creates a new power for the Secretary of State, by way of regulations, to
provide for any other property held by the DHS for defence purposes to be treated as
Crown property for the purpose of the application of a specific piece of legislation. This
would enable, for example, Defence homes purchased for Defence purposes, such as
additional new homes required for military needs, to be treated as Crown property by
regulation. These provisions are intended to replicate the current Crown proper ty provision
for Defence property used for Defence purposes and will include exemptions from
property-based taxes and levies.
Membership, Terms of Employment, Payment of members, Employees and other members of staff,
– Paragraphs 2 to 8
83 Paragraphs 2 to 5 set out the basis on which the DHS will operate. This includes provision
for its chief executive, chair and other members, who will act as the governing body of the
organisation, together with such employees employed on such terms as decided by it. There
are currently military personnel who work in the relevant functions that will become
functions of the DHS. Provision is therefore made for the secondment of military personnel,
as well as civil servants, where such civil servants are not employed or transferred into the
service of the new organisation. The status of employees of the DHS is that of a public
servant but not a civil servant. Further details on the transfer of staff are set out in Part 2.
84 Paragraph 2 provides for the DHS to have a chief executive and at least 6 other Members,
one of whom shall be the Chair.
85 Paragraph 3 provides for the terms of appointment of Members of the DHS. This includes
the ability of the Secretary of State to set the terms of appointment, remove and suspend
members.
86 Paragraph 4 provides for the renumeration, including by allowances, pensions and
gratuities to members.
87 Paragraph 5 provides for the employment, renumeration, including by allowances,
pensions and gratuities, to employees. The terms and conditions of employees of the DHS
may be determined by it. The chief executive’s appointment is subject to the approval of the
Secretary of State (other than in relation to the first appointment and terms of appointment,
which shall be made by the Secretary of State under transitional provision paragraph 20).
88 Paragraph 6 provides for secondments to be made to the DHS, including (under
subparagraph 7(2) civil service secondees, as well as military secondees.
89 Paragraph 7(1) sets out the status of employees, which will not be as civil servants.
Committees, Delegation, Procedure – paragraphs 9 to 13
90 Paragraph 9 provides for the establishment of committees and subcommittees, subject to
the continuing power to exercise a function reserved to the DHS (under paragraph 12).
91 Paragraph 10 provides for delegation of the DHS functions to members, staff, committees

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2026 (Bill 367)
and subcommittees, subject to the continuing power to exercise a function reserved to the
DHS (under paragraph 12).
92 Paragraph 11 provides for further delegation of the functions of committees to committee
members or sub committees.
93 Paragraph 13 provides for procedures, quorum and validity of proceedings.
Financial assistance, accounts and audit, annual report, meaning of “financial year”, provision of
information, seal and evidence, Transitional provision – paragraphs 14 to 20
94 Paragraphs 14 to 20 make provision for financial assistance, accounts and auditing by the
National Audit Office. An annual report by the DHS must be made to the Secretary of State
and laid before Parliament. These paragraphs also make provision for attaching the seal,
validity of documentary execution and transitional provisions relating to the first
appointment of the chief executive officer.
95 Paragraph 14 provides that financial assistance may be given to the DHS by the Secretary of
State.
96 Paragraph 15 makes provision for accounts and audit requirements, in such form of
accounts as directed by the Secretary of State (sub paragraph 15(2)) and subject to the
National Audit Office (subparagraph 15(5)). The financial year to be applied is define d in
Paragraph 17.
97 Paragraph 16 makes provision for annual reporting by the DHS, and for that to be laid
before Parliament. Under paragraph 18, the DHS is required to provide such information as
the Secretary of State requests.
98 Paragraph 19 provides for documentary sealing.
99 Paragraph 20 make transitional provision for the first appointment of the chief executive
officer.
Part 2 of Schedule 11A – Transfer schemes
100 Part 2 of Schedule 11A gives the Secretary of State powers to make property transfer
schemes and staff transfer schemes to the DHS. Such a scheme may be made at any time.
101 A staff transfer scheme may make provision which is the same as or similar to TUPE.
Part 3 of Schedule 11A – Defence Housing Service: tax treatment of transfer schemes
102 This Part provides for the modification or exemption of any of the specified taxes in respect
of anything transferred (paragraph 22(1)(a) or (paragraph 22(1)(b)) done for the purposes of
or relating to a transfer scheme.
103 The specified taxes at paragraph (22)(5) are income tax, corporation tax, capital gains tax,
value added tax, stamp duty, stamp duty land tax, or stamp duty reserve tax.
104 The exercise of these provisions is set out in Part 2/5 – consequential and related
amendments.
Part 4 of Schedule 11A – Compulsory purchase for defence housing and other purposes
105 Part 4 of this schedule makes certain amendments to the Acquisition of Land Act 1981 to

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2026 (Bill 367)
accommodate the compulsory acquisition of land by the DHS or the Secretary of State
under sections 343H and 343I, when required. (In relation to s343H land must be connected
with the functions of the DHS and is subject to authorisation by the Secretary of State;
under s 343I the Secretary of State may make acquisitions for defence purposes) .
106 Paragraph 25 sets out that on completion of a compulsory acquisition, certain private rights
are extinguished.
107 The territorial extent of this Schedule is England and Wales.
Part 2 of Schedule 1 – Consequential and related amendments
108 This Part sets out consequential and related amendments relating to the establishment of
the DHS and the exercise of its functions and powers, including provision to make tax
regulations and to maintain the treatment of council tax for military housing.
109 Paragraphs 2 to 4 ensure that exemptions from the application of council tax that currently
apply to Defence housing is maintained with regard to the DHS.
110 Paragraph 5 relates to the exercise of tax treatment for transfer schemes (modification or
exemption of specified taxes) under Part 3, and it provides for these matters to be
determined pursuant to AFA 2006 by regulation of HM Treasury under the affirmative
Parliamentary procedure.
111 Relating to its status as a public body, paragraphs 6 to 9 provide for the DHS is to be
included in legislation relating to requirements around Public Records, to be made subject
to the Parliamentary Commissioner as well as to be subject to the relevant Acts of
Parliament.
Clause 4: Interference with uncrewed devices
112 Subsection (1) amends AFA 2006 to insert a new Part 16D which creates a new Defence
authorisation regime to permit personnel to use approved equipment to prevent or detect
offences being committed using uncrewed devices (“drones”) in relation to defence areas
and defence property. It is modelled on the regime set out in Part 3 of the Police Act 1997.
New Section 343J: Authorisations to interfere with uncrewed devices
113 Subsection (1) gives an authorising officer the power to authorise the use of approved
equipment for the purpose of preventing, detecting or mitigating the risk of an uncrewed
device (a drone) being used to commit a relevant offence in relation to a defence area or
defence property if they believe that the requirements set out in subsection (2) are met –
that a drone has been, is being, or is likely to be used to commit a relevant offence, or action
is needed to mitigate a risk of an uncrewed device being so used.
114 The definitions of ‘approved equipment’, ‘authorising officer’ and ‘uncrewed device’ are set
out in subsection (7). Section 343P defines ‘defence area’ and ‘defence property’ and section
343Q defines relevant offence.
115 Authorising officers are senior Armed Forces or MoD civilian personnel who hold a rank or
position equivalent to that of a Chief Constable.
116 Subsection (3) sets out certain requirements: an authorisation must be given in writing, set

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2026 (Bill 367)
out the area or property (or description of property) that it relates to, specify how long they
have effect and the seniority of the ‘responsible person’ (see section 343 M) for the defence
area or property to which it relates. An authorisation can authorise the use of any approved
equipment or can be limited to specified equipment.
117 Subsection (4) sets out the lowest possible seniority of a ‘responsible person’.
118 Subsection (5) limits the duration of an authorisation to no more than six months.
119 Subsection (6) sets out who can apply for an authorisation. These are members of HM
Armed Forces and civilians working for HM Armed Forces, or MoD civil servants.
New Section 343K: Testing or training activities
120 Subsection (1) permits an authorisation to be given for the purposes of testing or training.
An authorisation can be given for both testing/training as well as for the purposes in
s.343J(1) or just for testing/training purposes. Subsection (2) defines “testing activities” and
subsection (3) defines “training activities”. Subsection (4) disapplies the requirements in
s.343J(2).
New Section 343L: Effect of authorisation
121 Subsection (1) sets out the legal effect of any action taken that has been authorised under an
authorisation given for the purposes set out in s.343J(1). Such action is lawful for all
purposes except action that is prohibited under certain Parts of the Investigatory Powers
Act 2016 (see – subsection (7)). Subsection (2) provides that the action that is covered by
subsection (1) includes interference with a drone in any place in the UK, and subsection (3)
makes clear that interference includes the seizure and retention of a drone.
122 The effect of a testing/training authorisation is set out in subsection (6). It is more limited
and provides that no criminal liability is incurred where action is taken for these purposes.
123 If a drone is seized and retained, subsection (4) requires that if it is not returned to the
owner or other appropriate person (e.g. the person who was using it), it must be handed to
a police constable within a specified time.
124 Subsection (5) makes provision so that certain legislation (relating to the disposal of
property) applies where a drone is handed to a police constable under subsection (4).
New Section 343M: Responsible Person
125 Where an authorisation is given, equipment can only be used if the responsible person is
satisfied that it is necessary and proportionate for the equipment to be used for the
purposes the authorisation was given, and that it will be used in accordance with that
authorisation.
New Section 343N: Authorisation in the absence of authorising officer
126 This new section enables an authorisation to be given under s.343J in urgent cases. In such
a case it can only be given by a designated person and subsection (3) sets out the lowest
seniority permitted for a designated person. Such an authorisation may be given orally and
only lasts for 72 hours.
New Section 343O: Renewal etc authorisations
127 This new section enables authorisations to be renewed, varied or revoked. An authorisation

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can be renewed for a period of 6 months by an authorising officer. Where an authorisation
was given by a designated person under s.343N, it can only be renewed once by such a
person for a further 72 hours. Authorising officers can also vary or revoke authorisations.
The same requirements apply when renewing or varying authorisations that applied when
they were first given.
New Section 343P: “Defence area” and “defence property”
128 This new section defines “defence area” and “defence property”.
129 A “defence area” is an area in the UK used for UK defence purposes or for the purposes of
the defence of a foreign country or territory. It is modelled on section 7 of the National
Security Act 2023 but also covers areas of water used for defence purposes that are
regulated by either Dockyard Port Orders or military byelaws.
130 “Defence property” is property in the UK used for UK defence purposes , or for the
purposes of the defence of a foreign country or territory.
131 Subsection (4) defines “used” for UK defence purposes, and subsection (5) defines “used”
for the purposes of the defence of a foreign country or territory.
New Section 343Q: Relevant offences
132 This new section defines “relevant offence”. Subsection (1) sets out specified offences in (a)
the National Security Act 2023, (b) the Terrorism Act 2000, (c) the Merchant Shipping Act
1995, (d) the Aviation and Maritime Security Act 1990, (e) the Air Navigation Order 2016 (SI
1926/765, (f) byelaws made under the Military Lands Act 1892 (this includes where byelaws
are made relying on the Military Lands Act 1900 or the Land Powers (Defence) Act 1958),
and (g) Dockyard Port Orders made under the Dockyard Ports Regulation Act 1865.
133 Subsection (2) gives the Secretary of State the power to add or remove offences from the list
in subsection (1).
134 Clause 4 (2) amends section 373 of AFA 2006 which sets out the procedure for making
orders, regulations and rules, so that regulations made under clause 343 Q(2) to add or
remove a specified offence under clause 343Q(2) must follow the draft affirmative
parliamentary procedure.
Clause 5: Sexual harm prevention orders and sexual risk orders
135 Clause 5 gives effect to Schedule 2, which amends section 137 of the Sexual Offences Act
2003 (application of that Act to service courts) to enable service courts to make sexual harm
prevention orders (SHPOs) and sexual risk orders (SROs) on application by a Provost
Marshal.
Schedule 2: Sexual harm prevention orders and sexual risk orders
136 Paragraph 1(2) provides for applications to be made to the service courts for SHPOs and
SROs.
137 Paragraph 1(3) makes provision to enable Provost Marshals to apply to service courts for
SHPOs and interim SHPOs in respect of a person subject to service law or a civilian subject
to service discipline. Where a list has been published under section 172 of the Police, Crime

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and Sentencing Courts Act 2022, Provost Marshals will be required to have regard to that
section in considering whether a person’s behaviour gives reasonable cause to believe that it
is necessary for an SHPO, or an interim SHPO, to be made for the purpose of protecting
children from sexual harm, and whether to apply for a prohibition on foreign travel.
Appeals against SHPOs or interim SHPOs made by a service court are to be made to the
Court Martial Appeal Court.
138 Paragraph 1(4) inserts new subsection 3A into section 137 of the Sexual Offences Act 2003
which enables SROs to be made by service courts on application by a Provost Marshal. It
does this by applying sections 122A-122I of the Sexual Offences Act 2003 with certain
modifications.
139 New subsection 3A(c) provides for applications for SROs to be made by a Provost Marshal
to a service court, in respect of a defendant who at the time of the application is a person
subject to service law or a civilian subject to service discipline. Appeals against SROs made
by service courts must be made to the Court Martial Appeal Court.
140 New subsection 3A(d) provides that the person responsible for supervising compliance
with a requirement in an SRO must inform a Provost Marshal where they consider a
defendant, who at the time is a person subject to service law or a civilian subject to service
discipline, has complied or failed to comply with the relevant requirements.
141 New subsection 3A(e) provides for applications for variations, renewals and discharges of
an SRO under section 122D of the Sexual Offences Act 2003 to be made to the Court Martial.
Applications may be made by the defendant or a Provost Marshal. The Court Martial must
obtain consent of both the defendant and the Provost Marshal before it can discharge an
order within 2 years of it being made. Appeals against either the making of an order, or
refusal to make an order, under that section must be made to the Court Martial Appeal
Court.
142 New subsection 3A(f) makes provision for applications for the variation, renewal and
discharge of an SRO in respect of a defendant who at the time of the application is neither a
person subject to service law nor a civilian subject to service discipline to be made to the
Crown Court in England and Wales. Appeals against the making of an order for variation,
renewal or discharge of an order, or the refusal to make such an order, must be made to the
Court of Appeal in England and Wales.
143 New subsection 3A(g) provides for appeals against the making of an interim SRO to be
made to the Court Martial Appeal Court in respect of a defendant who at the time of the
application is a person subject to service law or a civilian subject to service discipline.
144 New subsection 3A(h) provides that, where notification requirements apply under section
122F(1) or (3) to a defendant that is a person subject to service law or a civilian subject to
service discipline, notification should be made to the service police.
145 Section 122F(4) does not apply for the purposes of a notification to a service police force.
146 Paragraph 1(5) amends subsection (4) of s.137 of the Sexual Offences Act 2003, defining the
service police as having the same meaning as s.375 of AFA 2006.

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2026 (Bill 367)
Clause 6: Protection from domestic abuse and stalking
147 Clause 6 specifies that new Schedule 3 amends AFA 2006 and other legislation to make the
following provision for:
a. the service police and service courts to give/make service domestic abuse protection
notices and service domestic abuse protection orders;
b. the making of service stalking protection orders;
c. notification requirements in connection with service domestic abuse protection orders
and service stalking protection orders;
d. guidance for Provost Marshals about the exercise of their powers in connection with
the notices and orders mentioned above;
e. enforcement and variation of requirements in a service domestic abuse protection
order and service stalking protection orders, when the person in respect of whom the
order was made is no longer subject to service law or a civilian subject to service
discipline;
f. consequential amendments.
Schedule 3 Part 1: Service Domestic Abuse Protection Notices
148 Schedule 3 Part 1 amends AFA 2006 inserting a new Chapter 1A – Service Domestic Abuse
Protection Notices.
New Section 74A: Power to give a service domestic abuse protection notice
149 New section 74A creates a power for a service police officer to issue a service Domestic
Abuse Protection Notice (“DAPN”) and sets out the conditions and considerations that
must be met in order for the service police to issue a service DAPN. The purpose of a
service DAPN is to secure the immediate protection of a victim of domestic abuse from
future domestic abuse carried out by a suspected perpetrator. A service DAPN prohibits the
perpetrator from abusing the victim and, where they cohabit, may require th e perpetrator
to leave those premises. It may also prohibit the perpetrator from coming within a specified
distance of the premises where the victim lives.
150 Subsection (1) of new section 74A sets out the test for issuing a service DAPN. A service
DAPN may be issued where the service police officer has reasonable grounds for believing
that, firstly, the perpetrator has been abusive towards a person aged 16 or over to whom the
perpetrator is personally connected and that, secondly, the issue of a notice is necessary in
order to secure the protection of the victim from domestic abuse or the risk of domestic
abuse. It also sets out that the notice may not be given to a person who is under the age of
18.
151 Subsection (2) sets out that this subsection applies to those over 18 and who are subject to
service law or a civilian subject to service discipline.
152 Subsection (3) sets out that a notice will be used to protect the victim from domestic abuse
committed against them by the perpetrator.

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153 Subsections (4) and (5) set out a list of the type of provision that a service DAPN may
contain. Such provision may include a prohibition on the perpetrator contacting the victim
or prohibit the perpetrator from coming within a certain distance (as specified in the service
DAPN) of the premises lived in by the victim for the duration of the service DAPN. Where
the perpetrator lives with the victim, provision may be made to prohibit the perpetrator
from evicting or excluding the victim from the premises in question; prohibit the
perpetrator from entering the premises; or require the perpetrator to leave the premises.
154 “Authorised” in relation to a service police officer, “domestic abuse” and “service police
officer” are defined in subsection (7).
New Section 74B: Matters to be considered before giving a notice
155 This section sets out particular matters that the authorised service police officer must take
into consideration before issuing a service DAPN. The service police officer must consider
the welfare of any child whose interests the officer considers relevant. The service police
officer must take reasonable steps to find out the opinion of the victim as to whether the
service DAPN should be issued. Consideration must also be given to any representation the
perpetrator makes in relation to the issuing of the service DAPN. Where the service DAPN
is to include conditions in relation to the occupation of premises lived in by the victim,
reasonable steps must also be taken to find out the opinion of any other person who lives in
the premises and is personally connected to the perpetrator (if the perpetrator also lives in
the premises) or the victim.
156 While the service police officer must take reasonable steps to discover the victim’s opinion,
and must take this into consideration, the issue of the notice is not dependent upon the
victim’s consent (subsection (4)), as the service police officer may nevertheless have reason
to believe that the victim requires protection from the perpetrator and the issue of the notice
is necessary to secure that protection.
New Section 74C: Further requirements in relation to notices
157 Subsection (2) sets out the details that must be specified in a service DAPN, which include
the grounds for issuing the DAPN; the fact that a power of arrest attaches to the service
DAPN; the fact that the service police will make an application for a serv ice DAPO which
will be heard within a 48-hour period (excluding Sundays and bank holidays); the fact that
the service DAPN will continue to be in effect until the service DAPO application is
determined; and the provisions that may be included in a subsequent service DAPO.
158 A service DAPN must be in writing and served on a perpetrator personally by a service
police officer (subsections (1) and (3)).
159 Subsection (4) requires the service police officer serving a service DAPN to ask the
perpetrator to supply an address in order to enable the perpetrator to be given notice of the
hearing for the service DAPO application.
160 The service police officer giving the notice must make reasonable efforts to inform the
perpetrator’s commanding officer that the service DAPN has been issued ( subsection (5)).
New Section 74D: Breach of notice
161 Should the subject of a service DAPN breach the conditions of the notice, then they may be

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2026 (Bill 367)
arrested without warrant.
162 Subsection (3) requires that if the perpetrator is arrested, they must be held in service
custody and brought before the court martial or service civilian court that will hear the
application for the service DAPO. The perpetrator must be brought before this court at the
latest within a period of 24 hours (excluding Sundays and bank holidays – see subsection
(4)) beginning with the time of arrest (subsection (3)(a)). If the service DAPO hearing has
already been arranged to take place within that 24-hour period, then the perpetrator is to be
brought before the court for that hearing (subsection (3)(b)).
163 The court may remand the person either in service custody or on direct their release from
service custody (subsection (5)). When releasing the perpetrator from service custody, the
court may impose requirements which appear to the court as necessary to en sure that the
person does not interfere with witnesses or otherwise obstruct the course of justice
(subsection (6)).
Schedule 3 Part 2: Service Domestic Abuse Protection Orders
164 Schedule 3 Part 2 amends AFA 2006 inserting a new Chapter 8 – Orders for Protection from
Domestic Abuse and Stalking.
New Section 236C: Power to make orders
165 New section 236C creates a power for the Court Martial or Service Civilian Court to make a
service DAPO in respect of a person aged 18 or over who is subject to service law or a
civilian subject to service discipline. The courts will be able to make a servi ce DAPO on
application by a Provost Marshal, or where it convicts or acquits the defendant of any
offence.
166 Subsection (2) of new section 236C sets out that this subsection applies to those over 18 and
who are subject to service law or a civilian subject to service discipline.
167 Subsection (3) describes a service DAPO for the purposes of this clause, namely an order
containing prohibitions or requirements for the purpose of preventing the perpetrator from
being abusive towards his or her victim (who must be aged 16 or over and per sonally
connected to the perpetrator).
168 Subsections (4) (a) and (b) set out the conditions for making a service DAPO. Two
conditions must be met, namely that the court is satisfied, on the balance of probabilities
(that is, the civil standard of proof), that the perpetrator has been abusive towards the
person (aged 16 or over) to be protected by the service DAPO (the victim) and that the court
considers that the making of a service DAPO is necessary and proportionate to protect the
victim from domestic abuse or the risk of domestic abuse carried out by the perpetrator. An
order may be made where domestic abuse has already occurred, and the victim needs
protecting from continuing abuse or the threat of abuse or where such abuse occurred
outside England and Wales (subsection (5)).
169 Subsections (6) and (7) permit the Court Martial Appeal Court (or Supreme Court) to remit
a case back to the Court Martial, where conviction has been successfully appealed, to
consider imposition of a service DAPO.

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New Section 236D: Applications where service domestic abuse protection notice given
170 Subsections (1) to (3) set out that where a person is given a service domestic abuse
protection notice under section 308A, a Provost Marshal will make an application for a
service DAPO which will be heard by the court within a 48 -hour period after receiving a
service DAPN (excluding Sundays and bank holidays).
171 Subsections (4) to (6) cover the steps to be taken to give the perpetrator notice of the service
DAPO hearing. Under subsection (4), notice of the hearing must be given to the perpetrator.
If the perpetrator gave an address for the purposes of service at the point of issue of the
service DAPN, then the notice is deemed given if it is left at that address. Where no address
has been given by the perpetrator, then under subsection (6) the court may still hear the
application if satisfied that reasonable efforts have been made to give the perpetrator notice
of the hearing.
172 Where a court adjourns the hearing of an application for a service DAPO, the service DAPN
is to continue to have effect until the application for a service DAPO is determined by the
court or is withdrawn (subsection (7)). Where the perpetrator has been arr ested for breach
of a service DAPN and is brought before a court, subsection (8) enables the court to remand
the perpetrator in service custody or direct that the person is released from service custody.
New Section 236E: Matters to be considered before making an order
173 This section specifies the particular matters the court must consider prior to making a
service DAPO. These are: the welfare of any child whose interests the court considers
relevant to the service DAPO; the opinion of the victim; and, where the service DA PO is to
include conditions in relation to the occupation of premises lived in by the victim, the
opinion of any other person who lives in the premises and is personally connected to the
victim or the perpetrator (if the perpetrator also lives in the premises).
174 It is not necessary that the victim consents to the order. Subsection (3) specifies that a court
may make a service DAPO regardless of whether or not the victim consents.
New Section 236F: Making of orders without notice
175 Before making a service DAPO the Court Martial or Service Civilian court would normally
give notice to the perpetrator to inform them of the proceedings and of the hearing at which
the application for a service DAPO will be considered. However, this sectio n allows a court
to make a service DAPO without notice where it would be just and convenient to do so. The
section does not apply in the case where a perpetrator has been given a service DAPN as
section 236D(6) makes separate provision for the making of a service DAPO without notice
in such cases. Without notice applications would, in practice, only be made in exceptional
or urgent circumstances and the applicant would need to produce evidence to the court as
to why a without notice hearing was necessary.
176 It may, for example, be appropriate to make a service DAPO without giving notice of the
application or hearing to the perpetrator where there is reason to believe that the
perpetrator may seek to cause significant harm to the victim, or where it is likely that the
Provost Marshal making the application will be deterred or prevented from pursuing the
application if an order is not made immediately, or may deliberately seek to evade service
of notice of the proceedings. If an order is made without notice, the perpetrator must be

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given an opportunity, as soon as just and convenient, to make representations about the
order at a return hearing on notice (subsection (4)).
New Section 236G: Requirements
177 The requirements attached to a service DAPO should only be imposed if the Court Martial
or Service Civilian court is satisfied that they are necessary to protect the person for whose
protection the order is being made. They must not, so far as practicable, conflict with the
perpetrator’s religious beliefs, interfere with the perpetrator’s work or attendance at an
educational establishment (so, for example, a prohibition on the perpetrator entering a
defined area should not normally cover his or her place of work), or conflict with another
court order (subsection (3)). If it is not practicable to avoid the conflict, given the necessity
to protect the victim, then the court may still impose the requirement. Subsections (5) and
(6) contain examples of the type of provision that may be made under subsection (1), but
they do not limit the type of provision that may be so made.
New Section 236H: Supervising compliance
178 Where a service DAPO imposes requirements on the perpetrator, it must specify the person
(an individual or an organisation) who is responsible for supervising compliance
(subsection (1)). The court must receive evidence on the suitability and enforceabilit y of a
requirement from this person (subsection (2)). The person responsible for supervising
compliance with the requirements is subject to certain duties as specified in subsection (3),
including a duty to notify the appropriate Provost Marshal if the perpetrator has complied
with the requirements or failed to do so. In the first instance, it may be appropriate
depending on the nature of the requirement to make an application to vary or discharge the
service DAPO and in the latter instance the perpetrator could be charged with an offence of
breach of the order (see Section 236J below). The perpetrator is under a duty to keep in
touch with the person responsible for supervising compliance with the requirement
(subsection (4)). Subsection (5) sets out that for the purposes of this section “home address”,
in relation to the defendant, is to be read in accordance with section 236W(10) .
New Section 236I: Duration of orders
179 Subsections (1) and (2) provide that a service DAPO has effect from the day it is made,
unless the perpetrator is already subject to an existing service DAPO in which case the new
order may take effect when the existing order ceases to have effect.
180 Subsection (3) allows the court to make an order for a period specified in the order, until an
event specified in the order or until a further order is made. Different periods or events may
be specified in relation to different requirements (subsection (4)).
New Section: 236J Breach of order
181 This section provides that it is an offence to breach any requirement of a service DAPO
without reasonable excuse (subsection (1)). In the case of a service DAPO made against a
perpetrator who was not given notice of the proceedings, the offence only opera tes from the
time he or she was made aware of the existence of the order (subsection (2)).
182 The penalty for an offence under this section is any punishment mentioned in the Table in
section 164, but any sentence of imprisonment imposed in respect of the offence must not
exceed five years (subsection (3)). Subsection (4) provides that absolute or conditional

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2026 (Bill 367)
discharge is not an option open to the Service Civilian Court in respect of the offence.
New Section 236K: Variation and discharge of orders
183 This section sets out how a service DAPO may be varied or discharged. Subsection (2)
provides that the Court Martial or Service Civilian court may vary or discharge an order
either on application by the defendant, the person for whose protection the order was made
or by a Provost Marshal. It may also be made where the court convicts or acquits the
defendant of any offence.
184 The court must hear from specified interested parties before making a decision to vary or
discharge an order (subsection (3)). The court must hear from any Provost Marshal who
wishes to be heard (subsection (3)(a)) and, in cases where the victim is applying to have the
order discharged or made less onerous, the court must also hear from the victim (subsection
(3)(b)). This is to help the court to assess whether the victim is being coerced or intimidated.
185 The court in determining an application under this section, or determining of its own
volition to vary or discharge a service DAPO, may make such an order as it considers
appropriate (subsection (6)), but before making a decision to vary a service DAPO (by
removing a requirement imposed by it or by making such requirement less onerous) or
discharge a service DAPO, the court must consider and be satisfied that doing so would not
compromise the safety of the victim from abuse by the perpetrator (subsections ( 8) and
(10)).
186 Subsections (11) and (12) provides that where a service DAPO is varied and the perpetrator
is not given notice of the variation, the defendant can only breach the order in relation to
non-compliance with any new requirement from the time when they are awar e of the
making of the variation.
New Section 236L: Appeals
187 This section sets out the circumstances in which an appeal may be made against a decision
of the Court Martial or Service Civilian court in respect of a service DAPO. Subsection (5)
provides that the person in respect of whom the order was made (where the order was
made); the person for whose protection the order was sought; or a Provost Marshal , may
appeal against a decision of the court on an application to vary or discharge a service
DAPO. The appeal court must hear from any Provost Marshal who wishes t o be heard
before determining an appeal (subsection (6)). The practical effect of subsection (8) is that
where an appellate court confirms or varies a DAPO on appeal, or makes a DAPO on
appeal, subsequent proceedings in relation to a further variation or discharge of the order
should be issued in the lower court. Subsection (9) sets out that for the purposes of this
section “relevant appeal court” means where the appeal is against a decision of the Court
Martial, the Court Martial Appeal Court; or where the appeal is against a decision of the
Service Civilian Court, the Court Martial. Subsections (10) and (11) set out the sections of
the Court Martial Appeals Act 1968, which apply for the purposes of an appeal under this
section.
New Section 236M: Interpretation
188 This section, for the purposes of sections 236C to 236L, sets out the definition of
“defendant”, “domestic abuse”, “personally connected”, “requirement”, “service domestic

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2026 (Bill 367)
abuse protection order” and “service police officer”. It also sets out that the tri -service
serious crime unit is to be regarded as a service police force.
Schedule 3 Part 3 Service stalking protection orders
New Section 236N: Service stalking protection orders
189 New subsection (1)(a) empowers the Court Martial and Service Civilian Court to make
Service Stalking Protection Orders (“SSPOs”) in respect of persons subject to service law
and civilians subject to service discipline.
190 Subsections (1) (b) to (d) allow for an order to be made on application by a Provost Marshal;
following conviction, acquittal, or appeal in respect of any offence; and where the court
makes findings of insanity or disability.
191 Subsection (2) defines a SSPO as a preventive measure imposed by a service court to protect
individuals from stalking-related harm. It enables the court to restrict or manage the
behaviour of a person subject to service law or a civilian subject to service discipline , by
either prohibiting specified actions or requiring compliance with certain conditions. These
provisions allow tailored interventions to prevent acts associated with stalking and
safeguard victims from physical or psychological harm.
192 Subsections (3) and (4) specify the conditions that must be fulfilled before the Provost
Marshal can make an application for an order, and the Service court is empowered to issue
one. Both the Provost Marshal and the court may only apply for an order/make an order
(respectively) if they are satisfied that the defendant has engaged in conduct related to
stalking or presents a risk associated with stalking, and they consider that issuing the order
is necessary to safeguard another individual.
193 Subsection (5) clarifies that, when determining whether acts associated with stalking have
occurred for the purposes of making a SSPO, it is irrelevant where or when those acts
occurred. The acts may have taken place anywhere in the world and either before or after
the commencement of this section.
194 Subsection (6) states that reference should be made to section 2A of the Protection from
Harassment Act 1997 for illustrative examples of behaviour that may constitute acts
associated with stalking.
195 Subsections (7) (a) and (b) clarifies the scope of what constitutes a risk associated with
stalking. The risk may relate to either physical or psychological harm to the victim. It also
makes clear that such risk can arise from behaviour the defendant knows, or ought to
know, is unwelcome—even if the acts appear harmless in other contexts.
New Section 236O: Requirements
196 Subsection (1) states that a Service court may only include a requirement in a SSPO if it is
satisfied that the requirement is necessary to protect a person from a risk associated with
stalking.
197 Subsection (2) sets out that the courts should, as far as practicable, avoid imposing
conditions which conflict with the defendant's religious beliefs, or their work or education.
198 Subsection (3) ensures consistency where a defendant is already subject to an existing S SPO

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or a civilian stalking protection order under the Stalking Protection Act 2019. It prevents the
court from imposing any new requirement that would conflict with those in the earlier
order. This safeguard avoids duplication or contradictory obligations, ensuring clarity and
enforceability of the conditions imposed on the defendant.
199 Subsection (4) stipulates that, where an earlier order is already in force, the court may not
include any requirement in the new SSPO that is incompatible with a requirement in the
earlier order.
New Section 236P: Duration of Service Stalking Protection Orders
200 Subsections (1) to (3) set out the rules on the duration of a SSPO. The court may specify that
the order last for a fixed period or continues until a further order is made. If a fixed period
is chosen, it must be at least two years from the date the order is made. The court also has
discretion to tailor an order by applying different time periods to individual requirements
allowing flexibility to address varying protective needs.
New Section 236Q: Variations, Renewals and Discharges
201 New Section 236Q sets out the statutory framework enabling a SSPO to be varied, renewed
or discharged once it has been made. The provision applies where a person – whether
subject to service law or a civilian subject to service discipline – is already subject to an
SSPO.
202 Subsection (2) provides for the defendant or Provost Marshal to apply to the Service courts
to vary, renew or discharge an order.
203 Subsection (3) requires the court to hear the defendant and any Provost Marshal who wants
to be heard.
204 Subsection (4) provides the Service courts with the powers to vary, renew or discharge an
order upon receipt of an application and where the court considers it appropriate.
205 Subsection (5) sets limits on the courts powers by ensuring that any additional requirement
can only be imposed if it is necessary to protect a person from a stalking–related risk. It also
prevents an order from being discharged within two years of its making, apart fro m when
the defendant and Provost Marshal have given consent to do so.
New Section 236R: Interim Service Stalking Protection Orders
206 Section 236R provides for interim SSPOs to be made where a full order application is still
pending. It allows the court to impose temporary protective measures on the defendant
before the main application is determined by the Service Court. An interim order can be
made on application by the same Provost Marshal who submitted the main application,
either at the same time or subsequently. This ensures that urgent protection can be granted
without waiting for the final decisions on the substantive order.
New Section 236S: Content of orders
207 Section 236S sets out the mandatory content of both a SSPO and an interim order. Each
order must clearly state the date it was made, whether it applies for a fixed period and, if
so, its length. To ensure clarity, and transparency it must also list all requirements imposed
on the defendant, indicate any locality restrictions and specify any individual requirement
which have a different duration from the overall order.

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New Section 236T: Appeals
208 Subsection (1) explains the circumstances in which special appeal rules apply to an order.
Where the Court Martial or Service Civilian Court makes an order after acquitting the
defendant of an offence, or following a finding of insanity or disability under section
236N(1)(d), or where it varies an order in such cases, the order is treated as if it were a
sentence for appeal purposes.
209 Subsection (2) ensures that, for appeal purposes, a SSPO (or a variation of it) is treated as if
it were a sentence imposed on the defendant. It also provides that the defendant is regarded
as having been convicted of the offence, even if they were acquitted or found not guilty by
reason of insanity.
210 Subsection (3) clarifies that, for the purposes of any appeal against a SSPO, references in
section 16A of the Court Martial Appeals Act 1968 to “passing a sentence” are to be
interpreted as including the act of making an order.
211 Subsection (4) identifies the types of decisions that trigger the operation of subsection (5).
These relate to the circumstances in which the Service courts make a determination
concerning either; an application for an interim or full SSPO, or an application to vary,
renew or discharge an interim or full SSPO.
212 Subsections (5) to (8) set out the appeal rights and process for decisions relating to SSPOs
and interim orders. It provides that both the defendant and the Provost Marshal may
appeal against specified decisions, including the making, variation, renewal or refusal to
vary or discharge an order. Appeals are directed to the Court Martial Appeal Cou rt if the
original decision was made by the Court Martial, and otherwise to the Court Martial. On
appeal, the court may make any orders necessary to give effect to its decision, including
incidental or consequential orders. It also clarifies that an order confirmed, varied or
renewed on appeal remains an order of the original court, and any order made on appeal is
treated as if made by the court whose decision was appealed.
213 Subsection (9) provides that section 9 of the Court Martial Appeals Act 1968, which governs
application for leave to appeal, applies to appeals made under subsection (5) where the
decision was made by the Court Martial.
214 Subsection (10) applies to decisions made by the Service Civilian Court, specifying that
subsections (3) to (5) of section 285 of AFA 2006 apply to appeals under section (5).
New Section 236U: Offence of Breaching Service Stalking Protection Order etc
215 Section 236U creates an offence for breaching a SSPO or an interim order without
reasonable excuse. A person found guilty is liable to any punishment listed in section 164 of
AFA 2006, with a maximum sentence of five years’ imprisonment. The court cannot impose
a conditional discharge for this offence. It also provides that a certified copy of the original
order is admissible as evidence of its making and contents, ensuring straightfor ward proof
in enforcement proceedings.
New Section 236V: Sections 236N to 236U: interpretation
216 This section for the purpose of sections 236N to 236U, set out the definition of “defendant”,
“interim service stalking protection order”, “requirement”, and “risk associated with

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stalking”. It also sets out that the tri-service serious crime unit is to be regarded as a Service
police force.
Schedule 3 Part 4: Notification Requirements
217 Schedule 3 Part 4 paragraph 4 amends AFA 2006 by inserting a new section 236W. This
section applies where a person who is subject to service law or a civilian subject to service
discipline is subject to a Service DAPO, a SSPO or an interim SSPO which has not been
replaced by a SSPO.
New Section 236W: Notification requirements
218 This section applies where a person who is subject to service law or a civilian subject to
service discipline is subject to a service DAPO, a SSPO or an interim SSPO which has not
been replaced by a SSPO.
219 This section requires the perpetrator to notify the police of their name, including any
aliases, and home address within three days beginning with the date of the making of any
order specified in subsection (1). Any change of name or home address, or any a doption of
a new name, must also be notified to the police within three days of the event. Such
information will assist the police in monitoring compliance with the orders and in
managing the risk posed by the perpetrator. Subsection (6) requires a person to notify the
police if they cease to have a home address.
220 Subsection (7) enables the Secretary of State, by regulations, to specify further notification
requirements which a court may impose, on a case by-case basis, when making or varying
an order of a type mentioned in subsection (1). Where additional notification requirements
are imposed by a court, the perpetrator must supply the required information to the police.
221 Where persons are already subject to notification requirements by virtue of provisions in
the Sexual Offences Act 2003, the Stalking Protection Act 2019 or Domestic Abuse Act 2021,
or the subject of a different order of a type mentioned in subsection (1), the provisions in
this section do not apply to avoid unnecessary duplication (subsection (8)). Once these
existing notification requirements expire, then this section will apply to the subject of an
order of a type mentioned in subsection (1). In such a case, the perpetrator would need to
notify the police of their name(s) and home address within three days of the notification
requirements under the Sexual Offences Act, Stalking Protection Act, Domestic Abuse Act
2021 or other order, as the case may be, ceasing to apply (subsection (9)).
222 Subsection (10) defines “home address” for the purposes of this section.
New Section 236X: Offences relating to notification
223 Section 236X gives effect to offences relating to the notification requirements imposed by a
service DAPO, SSPO or interim order. A person subject to service law or a civilian subject to
service discipline commits an offence if they fail, without reasonable excuse, to comply
with the notification obligations under sections 236W, or if they knowingly provide false
information when notifying. The offence continues for as long as the failure persists,
although only one prosecution may be brought for the same failure. A person convicted is
liable to any punishment listed in the table in section 164 of AFA 2006, with a maximum
sentence of five years’ imprisonment.

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Schedule 3 Part 5: Guidance
224 Schedule 3 Part 5 paragraph 5 inserts new section 236Y into AFA 2006 which requires the
Secretary of State to issue guidance to Provost Marshals in relation to the exercise of their
functions under this Chapter and under Chapter 1A of Part 3 ( Service domestic abuse
protection notices) (subsection (1)). Subsection (2) allows for the Secretary of State to revise
the guidance issued under subsection (1). Any guidance under this section must be
published appropriately (subsection (3)).
Schedule 3 Part 6: Enforcement etc of service domestic abuse protection orders by
civilian courts
225 Schedule 3 Part 6 paragraph 6 inserts a new section 49ZA into the Domestic Abuse Act
2021, which applies where a person is subject to an order made by the Court Martial or the
Service Civilian Court under section 236C of AFA 2006 (a “service domestic abuse
protection order”), and is no longer subject to service law or a civilian subject to service
discipline.
New Section 49ZA: Service domestic abuse protection orders
226 Subsection (2) provides for service domestic abuse protection orders to be treated as
domestic abuse protection orders made by the Crown Court for the purposes of the
Domestic Abuse Act 2021.
227 Subsection (3) provides for arrests for breaches of an order to apply to those orders made by
the Court Martial or Service Civilian Court.
228 Subsection (4) requires the perpetrator to notify the civilian police of their name, including
any aliases, and home address within three days from when the person ceased to be a
person subject to service law or a civilian subject to service discipline.
229 Subsection (5) provides for notification to the appropriate police area within the United
Kingdom (including Scotland and Northern Ireland), when a person is subject to an order
made by the Court Martial or Service Civilian Court.
230 Subsection (6) provides for minor modifications in procedure for the variation or discharge
of service DAPO when dealt with in the civilian criminal justice system once someone has
left the services to reflect the circumstances in the service justice system when they we re
made.
231 Subsection (7) provides for applications to vary or discharge service orders to be made to a
Crown Court. It provides for an order that has been varied to become an order of the
Crown Court.
232 Subsection (8) makes the necessary modifications relating to appeal of orders made in the
service courts.
233 Subsection (9) provides for minor modifications relating to appeal of the orders when
treated as if made by the Crown Court for the purposes of this section 47 of the Domestic
Abuse Act 2021.
234 Subsection (10) defines “civilian subject to service discipline” and “subject to service law” as

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having the same meaning as in the sections 370 and 375 of AFA 2006.
Schedule 3 Part 7: Enforcement etc of service stalking protection orders by civilian
courts
235 Part 7 inserts a new section after section 11 of the Stalking Protection Act 2019 to address
the enforcement of SSPOs by civilian courts.
236 New section 11A(1) to (8) set out the transition of an interim or full SSPO when the
individual subject to the order is no longer subject to service law or service discipline. This
section ensures that when the subject of an order leaves the Armed Forces or ceases to fall
within service jurisdiction, the SSPO is treated as a civilian stalking protection order made
by the Crown Court under the Stalking Protection Act 2019, with certain modifications to
ensure compatibility with the civilian regime. These include adjustments to provi sions on
variation, renewal, discharge, appeals, and notification requirements, so that the order
continues to operate effectively after the person leaves service. This ensures continuity of
protection for victims and maintains enforceability of the order across both service and
civilian jurisdictions.
237 Schedule 3 Paragraph 8 inserts new section 364I after section 364H of the Sentencing Code.
This amendment governs how SSPOs operate when imposed upon conviction and the
subject of the order later ceases to be subject to service law or a civilian subject to service
discipline.
New Section 364I: Service stalking protection orders
238 Section 364I addresses the continuity of a SSPO when the person subject to the order was
convicted of an offence under section 236 of AFA 2006 but later ceases to be under service
law or service discipline. In such cases, the SSPO is treated as a civilian stalking protection
order which mirrors the approach taken in section 11A of the Stalking Protection Act 2019
for non-conviction SSPOs, but operates instead within section 364B of the Sentencing Code,
which governs conviction-based stalking protection orders in the civilian jurisdiction. These
include adjustments to variation, renewal, discharge, appeal rights, and notification
requirements, with the Crown Court designated as the appropriate forum. The protective
measure remains enforceable after a person leaves service, maintaining victim safety and
legal consistency across jurisdictions.
Schedule 3 Parts 8: Consequential and Related Amendments
239 Part 8 paragraph 10 amends section 50(2) of AFA 2006 so that breaches of a service Sexual
Offences Prevention Order or extended prohibition order, breach of a Service DAPO,
breach of an SSPO or interim SSPO and Service domestic abuse and stalking protection
orders: offences in relation to notification become service offences under the relevant
sections.
240 Paragraph 11 makes provision for a person arrested on suspicion of being in breach of a
Service DAPN to be kept in custody without charge.
241 Paragraph 12 amends section 112 of the Custody Proceedings Rules to capture provision
made at new section 74D for a person arrested on suspicion of being in breach of a Service

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DAPN to be kept in custody without charge.
Clause 7: Service restraining orders: enforcement etc by civilian courts
242 The overall effect of clause 7 ensures that a service restraining order (“SRO”) made by the
Court Martial or the Service Civilian Court under section 229 of AFA 2006, is still valid in
the criminal justice system, after the Service person in receipt of the order, has left the
Armed Forces. This will ensure that victims remain protected.
243 Subsection (1) inserts new section 5B into the Protection from Harassment Act 1997, which
ensures an SRO can be treated as though it is a civilian restraining order made on acquittal
under section 5A of the 1997 Act.
244 New section 5B(3) enables section 5A of the 1997 Act to be read with modified language for
the purposes of new section 5B, while subsection 5B(4) provides for definitions to
accompany the modified language. This will allow the person who is no longer subject to
service law or a civilian subject to service discipline, any person named in the order, or for a
relevant chief officer of police, to apply to the Crown Court to vary or discharge the order.
The offence of breaching a requirement of an order without reasonable excuse is now
extended to SROs by virtue of section 5B applying the offence at section 5A(2D) to such
orders.
245 New section 5B(3)(d) means that subsections 5A(3) and (4) of the 1997 Act are to be treated
as having no effect, because they relate to procedural steps that are only relevant to an
order that originated in the Criminal Justice System.
246 Subsection (2) inserts new section 363A into the Sentencing Code 2020, which enables an
SRO to be treated as an order made under section 360 of the Code. This includes extending
the offence of breaching a requirement without a reasonable excuse to an SRO f or a person
in receipt of such an order who is no longer subject to service law or a civilian subject to
service discipline.
247 New subsections 363A(3) enables section 361(1) of the Code to be read with modified
language for the purposes of varying or discharging the SRO by the Crown Court, while
subsection 363A(4) provides for definitions to accompany the modified language.
Clause 8: Guidance issued to civilian police
248 Clause 8(1) inserts a new Chapter 3B and new section 320E into AFA 2006 to require the
Provost Marshal to have regard to relevant guidance issued to civilian police forces.
249 Clause 8(2)(a) amends section 77 of the Domestic Abuse Act 2021 to include the chief
constable of the Ministry of Defence Police (MDP) within the definition of “chief officer of
police” to whom the Secretary of State must issue guidance about the disclosure of police
information by police forces for the purposes of preventing domestic abuse. As a chief
officer of police, the chief constable of the MDP must have regard to that guidance.
Clause 8(2)(b) includes the MDP within the definition of “police force”.
New Section 320E: Provost Marshal’s duty to have regard to guidance
250 Subsection (1) requires the Provost Marshal to have regard to relevant guidance issued by
the Secretary of State.

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2026 (Bill 367)
251 Subsection (2) sets out that “relevant guidance” for the purposes of subsection (1) means:
a. guidance issued under section 103J of the Sexual Offences Act 2003 (guidance about
sexual harm prevention orders and interim sexual harm prevention orders);
b. guidance issued under section 122J of that Act (guidance about sexual risk orders and
interim sexual risk orders);
c. guidance issued under section 12A of the Stalking Protection Act 2019 (guidance
about disclosure of police information for purpose of protecting persons from risks
associated with stalking);
d. guidance issued under section 77 of the Domestic Abuse Act 2012 (guidance about
disclosure of police information for purposes of preventing domestic abuse); and ,
e. guidance issued under section 83 of the Crime and Policing Act 2026 (guidance about
disclosure of police information for purpose of preventing sex offending) – (note that
the Crime and Policing Bill is currently going through Parliament at the time these
Explanatory Notes are published).
252 Subsection (3) provides that for the purposes of complying with the duty in subsection (1),
relevant guidance is to be read as if it were issued by the Secretary of State to the Provost
Marshal; and as if it related to the disclosure of information held by the service police force
for which the Provost Marshal is responsible.
253 Subsection (4) provides that for the purposes of this section, the tri-service serious crime
unit is to be regarded as a service police force.
Clause 9: Assessment etc of risks posed by certain offenders
254 Clause 9 ensures that offenders who have committed certain serious violent, sexual or
specified offences and meet the sentencing criteria under section 327(3)(b) of the Criminal
Justice Act 2003 when sentenced by the service courts are automatically supervised unde r
the multi-agency public protection arrangements (“MAPPA”) regime set out in sections 325
to 327 of that Act. This will bring the position on eligibility for MAPPA for such offenders
sentenced by the service courts into line with the position in the Criminal Justice System in
England and Wales. Subsection (2) amends section 325 of the Criminal Justice Act 2003 to
make it clearer that the MoD is a “duty to cooperate” agency for the purpose of MAPPA.
255 Subsection (3) amends section 327 so that, for the purposes of identifying offenders who
would automatically qualify for MAPPA, a corresponding service offence is to be treated as
equivalent to one of the following: an offence of murder; one listed in subs ection (4A); or an
offence listed in Parts 1 or 2 of Schedule 15 to the Criminal Justice Act 2003. This includes
inchoate offences such as attempted murder.
Clause 10: Victims of service offences
256 Clause 10 inserts new Part 13A sections 327A to 327F into AFA 2006.
New Section 327A: Meaning of “Victim of a service offence”
257 Subsection (1) describes a victim as somebody who has been harmed by conduct which

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2026 (Bill 367)
constitutes a service offence and is the person against whom the service offence is
committed or somebody who fits into one or more of the categories in subsection (2). A
service offence includes any offence which is also an act punishable under the law of
England and Wales (as set out in Section 42 of AFA 2006), in addition to service discipline
offences specific to the Armed Forces (as set out in Part 1 of AFA 2006).
258 Subsection (2) captures other individuals who can be a victim for the purposes of this Part of
the Bill, if they have suffered harm, in addition to the person against whom the service offence
is committed. It includes:
a. Those harmed as a result of witnessing a service offence, meaning those who see,
hear, or directly experience the crime in live time.
b. Where the person’s birth was the direct result of conduct which constitutes a service
offence.
c. Close family members of individuals killed by conduct which constitutes a service
offence.
d. A child under 18 years of age who sees, hears, or experiences the effects of domestic
abuse which constitutes a service offence between adults (aged 16 and older). This is
to be read in accordance with the definition of a victim of domestic abuse in Part 1 of
the Domestic Abuse Act 2021.
259 Subsection (4) defines “Harm” as including physical, mental or emotional harm (which
captures both diagnosed and undiagnosed psychological condition or impacts on the
person) and economic loss.
260 Subsection (4)(b) clarifies that a person can be a victim of a service offence for the purposes
of this clause, irrespective of whether or not an offender is charged or convicted, including
where the offence has not been reported. This ensures that the provisions of the Code
issued under Clause 10 can require the provision of services to victims at all stages of the
service justice process and to victims of offences in respect of which no criminal
proceedings are eventually brought or where criminal proceedings result in a not-guilty
verdict.
New Section 327B: Code for victims in the service justice system
261 New section 327B places a duty on the Secretary of State to issue a Code of Practice
(subsection (1)) in respect of the services to be provided to victims by persons who have
functions relating to victims of service offences or the service justice system as a whole.
262 Subsection (3) states the key principles that must be reflected in the services provided under
the Victims’ Code.
263 These principles are that victims of criminal conduct:
a. should be provided with information to help them understand the service justice
process;

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b. should be able to access services which support them (including, where appropriate,
specialist services);
c. should have the opportunity to make their views heard in the service justice process;
and,
d. should be able to challenge decisions which have a direct impact on them.
264 Subsection (4) gives the Secretary of State a power to make regulations making further
provision about the Victims’ Code, including matters that the Code must include, subject to
the restriction in subsection (5).
265 Subsection (6) provides that the Code may not require anything to be done by a person
acting in a judicial capacity (or someone acting on their behalf in that capacity) or by a
person acting in the discharge of a function of a relevant prosecutor if that f unction involves
exercising a discretion.
New Section 327C: Code for victims in the Service Justice System: further provision
266 New section 327C (1) to (6) allows the Code, amongst other things to:
a. differentiate between different types of victims, for example so that particularly
vulnerable victims might receive a faster service, or a service tailored to their needs;
b. benefit persons other than the victim, such as those who might represent the victim
like parents of victims who are children; and,
c. allow for regional variations in the way that services are provided to victims so that
the Code can reflect local practices.
New Section 327D: Code for victims in the service justice system: procedure
267 New section 327D states the procedure for issuing and amending the Code, and confirms
that the procedure set out in subsection (1) must be followed when revising the Victims’
Code once it has been brought into operation. It also creates a new secondary procedure for
making amendments to the Victims’ Code, which can be used where the Secretary of State
considers the revisions to be minor. Such amendments can be made without a public
consultation and include corrections, clarifications and revisions which ref lect changes to
the law or practice or procedure of the service justice system.
New Section 327E: Code for victims in the service justice system: compliance
268 New section 327E provides that a failure to comply with the Code does not, in itself, give
rise to any liability to criminal or civil proceedings.
New Section 327F: Guidance about specified victim support roles
269 Subsection (1) creates a duty on the Secretary of State to issue guidance about specified
victim support roles.
270 Subsection (2) explains that the Secretary of State has the power to specify these victim
support roles in regulations. For the purpose of this clause, “victim support role” is defined
as a role performed by individuals which provides support to victims of service offences
(where the support relates to that conduct).

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271 Subsection (3) sets out how victim support roles could be described in regulations. The
victim support roles named in regulations may be specified by reference to (amongst other
matters):
a. the circumstances in which the role is performed. For example, a victim support role
which provides specialist support for victims of a specific crime type or provides a
specific type of support;
b. the type of support provided in connection with the role. For example, a victim
support role which provides advocacy support to victims to engage with the service
justice system; and,
c. the type of criminal conduct in relation to which such support is provided. For
example, domestic abuse.
272 Subsection (4) sets out that this guidance must cover the key functions of the role alongside
recommended minimum expectations and best practice, including training and
qualifications. It must also set out best practice for collaboration between the role a nd those
who have functions relating to victims of service offences or any other aspect of the service
justice system in order to effectively work together to meet the needs of victims.
273 Subsection (5) specifies that, where relevant, the guidance must include provision about
victims who are under the age of 18 and those with protected characteristics.
274 Subsection (6) creates a duty on any person who has a function of a public nature which is
related to victims or any aspect of the criminal justice system to have regard to the
guidance. This duty will have effect where such a function is being exercised, and the
guidance is relevant to the exercise of that function.
275 Subsection (7) specifies that the duty to have regard to the guidance – outlined in subsection
(6) – does not apply to those acting in a judicial capacity, or on the instructions of or on
behalf such a person. This is designed to protect judicial independence.
276 Clause 10(2) provides for Revocation of Armed Forces Code of Practice for Victims of Crime
Regulations 2015.
Clause 11: Parliamentary Commissioner for Administration
277 Clause 11 amends section 5 of the Parliamentary Commissioner Act 1967.
278 Subsection (2) provides for complainants who claim that a duty under the code of practice
issued under new section 327B of AFA 2006 has been breached to go directly to the
Commissioner, rather than going through a member of the House of Commons, where the
complaint relates to their experience as a victim.
279 Subsection (3) provides that where a complaint relates to the complainant’s experience as a
victim of a service offence, “victim” means a victim of a service offence as defined in new
section 327A of AFA 2006.

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2026 (Bill 367)
Clause 12: Service policing protocol
280 Clause 12 inserts new section 115B which creates a new duty for the Secretary of State to
issue a service policing protocol (subsection (1)) and makes a consequential amendment to
the title prior to section 115A, Chapter 1 of Part 5 (investigations).
New Section 115B: Service policing protocol
281 The Service Policing Protocol will make provision concerning the carrying out of functions
by those within Defence to ensure the independence of investigations conducted by the
service police (being the three single service police forces (the Royal Navy Po lice, the Royal
Military Police and the Royal Air Force Police) and the tri-service serious crime unit known
as Defence Serious Crime Command), support smooth working relationships between
relevant persons and limit or prevent the overlapping or conflicting exercise of the
functions of those persons (subsection (2)).
282 Subsection (3) defines “relevant persons” as the Secretary of State, the Defence Council, and
service police. This covers all civil servants working on behalf of the Secretary of State and
those within the military chain of command. All such persons must have due regard to the
service policing protocol in exercising their functions (subsection (4)).
283 Subsection (5) permits the Secretary of State to vary or replace the Protocol at any time.
284 Subsection (6) requires the Secretary of State to have regard to the efficiency and
effectiveness of the service police and overall operational effectiveness of His Majesty’s
Forces when issuing, replacing or varying the protocol.
285 Subsection (7) sets out a requirement for the Secretary of State to consult the service police
and any other relevant stakeholders before issuing, varying or replacing the protocol.
Clause 13: Entry for purposes of obtaining evidence etc
286 Clause 13 amends Chapter 3 of Part 3 of AFA 2006 to enable judge advocates to issue
warrants authorising service police to enter and search ‘relevant premises’.
287 ‘Relevant premises’ is defined to include service living accommodation or premises
occupied or controlled by a person subject to service law, a civilian subject to service
discipline or a person who is suspected of having committed an offence in relation to which
the warrant is sought (this latter category includes individuals who are not subject to
service law or discipline but who are suspected of having committed a service offence – i.e.
an offence committed when they were so subject). It replaces the concept of ‘relevant
residential premises’, which required such premises to be occupied as a residence. The new
definition of ‘relevant premises’ dispenses with this requirement.
288 Section 86 is amended to enable the Secretary of State by order to establish procedures to
enable service police investigating a service offence to apply to a judge advocate for a
warrant for access to:
a. excluded or special procedure material that is held on relevant premises, or
b. material (other than items subject to legal privilege) on premises other than relevant

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premises.
289 The definition of ‘premises’ for the purposes of Part 3, contained in section 96(3) AFA 2006,
is updated to align more closely with that in section 23 of the Police and Criminal Evidence
Act 1984.
Clause 14: Arrest and detention by civil authorities
290 Clause 14 amends Chapter 3 of Part 13 of AFA 2006 to enable the civilian police in the UK
or a British overseas territory to arrest without a warrant a person who is reasonably
suspected of committing an offence under section 12 of AFA 2006 (disobedience to lawful
commands).
291 Subsections (2) and (3) amend section 314 of AFA 2006 to expand the scope of the existing
power of arrest for deserters and absentees under that section to also include those
reasonably suspected of having committed an offence under section 12 of AFA 2006. The
amendments will provide authority for an “authorised person” in the UK, the Isle of Man
or a British overseas territory to issue an arrest warrant in certain circumstances. An
authorised person is a person who is empowered in the civilian system to is sue arrest
warrants, e.g. a Crown Court judge or magistrate in England and Wales. A person who is
arrested pursuant to these provisions must be brought before a court of summary
jurisdiction.
292 Subsection (4) amends section 315 of AFA 2006 to provide that where a person surrenders
themselves as having committed an offence under section 12 AFA 2006 to a police officer of
a UK or British overseas territory police force that person must be taken to a police station.
The person in charge of the police station (or a person authorised by the person in charge of
the police station) must consider the case and if it appears to them that the person who has
surrendered is subject to service law and has committed an offence under section 12 AFA
2006, may arrange for that person to be (a) delivered into service custody, (b) brought
before a court, or (c) released with conditions.
293 Subsection (5) amends section 316 of AFA 2006 to make provision for the duties of a
summary court in the UK, the Isle of Man or a British overseas territory when a person
admits to having committed an offence under section 12 AFA 2006. If the suspect is not in
custody for some other cause, and the required evidence exists, the court must either (a)
arrange for the suspect to be delivered into service custody, or (b) release the suspect
subject to conditions. If the court decides the suspect should be delivered into service
custody it may hold a person in custody pending transfer into service custody where it is
likely that such transfer will be subject to delay.
Clause 15: Pre-charge custody
294 Clause 15 enables the Provost Marshals of the service police forces and the Defence Serious
Crime Command to act as an appropriate authority in place of a commanding officer when
a person has been arrested for a serious offence and to place the person in custody without
being charged for committing an offence. The commanding officer lacks jurisdiction to
investigate and determine charge in serious service offences, and enabling Provost Marshals
to authorise pre-charge detention in such cases will improve the efficiency of investigations.

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2026 (Bill 367)
295 Clause 15 amends Chapter 1 of Part 4 of AFA 2006, which sets out the conditions for
custody without charge. Subsection (2) amends section 98 of AFA 2006 in relation to the
limitations on custody without charge to the substitute the term ‘appropriate authority’ for
‘commanding officer’.
296 Subsection (3) amends section 99 of AFA 2006 in relation to authorisation by the
commanding officer of custody without charge to omit commanding officer, and
inserts where the person arrested is in respect of a serious offence. Subsection (3)(c)
provides that where a person is arrested for a serious offence, that this must be reported to
the Provost Marshal for Serious Crime and the relevant Provost Marshal for the service of
which the person is a member.
297 Subsection (3)(f) enables a Provost Marshal to notify the commanding officer that
the Provost Marshal will act as the appropriate authority in place of the commanding
officer, The notification must be made orally or in writing and before six hours after the
time of arrest.
298 Subsection (3)(f) inserts new section 99(10) which provides that the ‘appropriate
authority’ in relation to a person being held in service custody applies where the person is
arrested for a serious offence and a notification has been given by a Provost Marshal; in all
other cases the commanding officer is the appropriate authority. New section
99(10) also provides that a serious offence is any of the following: an offence within
subsection (2) of section 54 AFA 2006; a service offence listed in Schedule 2 A FA 2006; an
offence under section 42 AFA 2006 which corresponds to an offence in England & Wales
that is not listed in Schedule 1 or paragraph 12 of Schedule 2 AFA 2006 and is punishable by
a sentence of over two years’ imprisonment; and, an offence where
prescribed circumstances in section 114 AFA 2006 apply.
299 Subsection (4) substitutes ‘appropriate authority’ for ‘commanding officer’ in section 100
AFA 2006 in relation to review of custody by the commanding officer.
300 Subsection (5) inserts into section 101 of AFA 2006 that an application for extension of
custody by a Judge Advocate without charge may also be made by a Provost Marshal in the
case of a person arrested under section 67 AFA 2006 for an offence listed in Schedule 2 AF A
2006.
301 Subsection (6) inserts into section 104 AFA 2006 after paragraph (a) a provision for the
delegation by a Provost Marshal under sections 98 to 102 AFA 2006. The intention is that
the Provost Marshal will delegate these functions to trained service police who are at the
ranks of Lieutenant Commander, Major and Squadron Leader and above who are
independent of the investigation into the person detained.
Clause 16: Time limit for charging certain offences
302 Clause 16 inserts new section 58A which imposes a time limit for charging service
personnel and civilians subject to service discipline with summary offence under section 42
of AFA 2006.
303 The origin of new section 58A of AFA 2006 lies in the criminal justice system, where less
serious offences are primarily dealt with by Magistrates’ Courts. These include ‘summary

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only offences’ and ‘either way offences’ that may be tried summarily if the court considers
its sentencing powers sufficient and the accused does not elect to have their case heard in
the Crown Court. Under section 127 of the Magistrates’ Courts Act 1980, a Magistrates’
Court cannot try a summary offence unless the information is laid or the complaint is made
within six months of the offence. In practice, this means that summary-only offences cannot
be prosecuted after the six-month limit, unless a statutory exception applies. Exceptions
include cases where another statute expressly provides a different time limit, or where
section 40 of the Criminal Justice Act 1988 allows the summary offence to be tried in the
Crown Court alongside a more serious offence.
304 The purpose of new section 58A AFA 2006 is to introduce a time limit on summary only
offences in the service justice system. However, whilst new section 58A seeks to mirror
section 127 MCA 1980, it is modified to reflect the nature of the services, service life and the
requirements of the service justice system, as follows:
a. New subsection 58A(1) means that a person (in this case a service person or a civilian
subject to service discipline), cannot be charged with a summary offence after the end
of the applicable period. For most summary offences, the applicable period will be 6 -
months, beginning on the date the offence was committed.

b. New subsection 58A(2) clarifies when an offence will be considered a summary offence
for the purpose of the new section.

c. New subsection 58A(3)(a) and (b) sets out the applicable period for offences in the
service justice system under s.42 AFA 2006. In most cases, this period will be 6 months,
reflecting the time limit set out in section 127(1) MCA 1980 (58A(3)(a)). However,
where the corresponding offence in the civilian system is subject to a different
statutory time limit, that alternative period will apply instead (58A(3)(b)).

d. New subsection 58A(4)(a) provides that the applicable time limit does not apply to a
section 42 offence if the corresponding offence in the Magistrates’ Court is not subject
to a time limit.

e. New subsection 58A(4)(b) provides that the applicable time limit does not apply to a
section 42 offence if a determination is made by the Director of Service Prosecutions in
accordance with the conditions set out in section 58A(5).

f. New subsection 58A(5)(a)(i) and (ii), and (b) allows the Director of Service
Prosecutions to disapply the usual time limit for charging someone with a summary
offence under section 42. This is permitted where the case is referred by the person’s
Commanding Officer or a member of the Service Police and the Director considers it in
the interests of justice to do so. It is envisaged that this subsection will be used where
the unique nature of the services, and the pace and length of operations means that it is
not possible to adhere to the applicable period.

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Clause 17: Duty of commanding officers to report serious offences
305 Clause 17 amends section 113 of AFA 2006 (which requires commanding officers to report
serious offences to the Service Police). Currently, the duty under section 113 applies where
a commanding officer becomes aware of allegations or circumstances which would sugges t
to a reasonable person that someone within the commanding officer’s command may have
committed any service offence listed in Schedule 2 to AFA 2006.
306 Clause 17 extends this duty to report to apply to all commanding officers who become
aware of such circumstances or allegations relating to any person subject to service law, and
not only relating to people in their chain of command.
307 Subsection (4) provides that the duty does not apply if the officer reasonably believes that a
service police force or the tri-service serious crime unit is aware of the matter, in order to
minimise unnecessary referrals to the service police.
Clause 18: Summary hearings: punishments available to commanding officers
308 Clause 18 gives a commanding officer the power to award a punishment of service
detention to a corporal, bombardier, lance sergeant or lance corporal of Horse in any of His
Majesty's military forces. At present, commanding officers within the Army and the Royal
Air Force Regiment may only impose this punishment on individuals holding a rank below
those listed. This will ensure commanding officers have the same powers to punish
corporals in the Army and the Royal Air Force regiment as they do in respect of L eading
Hands in the Royal Navy and corporals in the Royal Marines and Royal Air Force.
Subsection (2) amends the table of punishments available to commanding officers in section
132 of AFA 2006 to make this change. Subsection (3) makes consequential amendments to
section 133 of AFA 2006 which sets out the limits on commanding officers’ powers to award
service detention.
Clause 19: Deprivation orders: punishments available to commanding officers
309 Clause 19 gives a commanding officer the power to impose a deprivation order in
combination with a punishment of service detention, forfeiture of seniority or reduction in
rank or disrating. At present a commanding officer can only impose a deprivation order
alongside a fine or a “minor punishment” such as an admonition.
310 Clause 19 will ensure commanding officers can impose deprivation orders in combination
with one of the more serious punishments set out above that are currently available to them
at a summary hearing. Subsections (2), (3) and (4) amend the lists of punishments set out in
subsections (2) (service detention), (4) (forfeiture of seniority) and (5) (reduction of rank or
disrating) of section 138 of AFA 2006 to include a deprivation order.
Clause 20: Qualification for membership of the Court Martial
311 This clause amends AFA 2006, correcting an anomaly relating to those who are eligible to
sit on a Court Martial Board. Prior to AFA 2021, service personnel could only act as lay
members on a Court Martial Board if they were officers or warrant officers. Schedule 1 AFA
2021 provided for personnel in the rank of OR-7 (chief petty officer, staff corporal, staff
sergeant, Royal Marine colour sergeant, flight sergeant, or chief technician) to also sit on a

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Court Martial board in addition to warrant officers.
312 Presently, AFA 2006 permits only those former ORs who previously held the rank of
warrant officer and become commissioned officers to automatically qualify to sit on a Court
Martial Board. However, those who were previously OR-7 rank are required to undergo a
three-year qualification period as newly commissioned officers prior to becoming eligible to
sit on a Court Martial Board. Clause 20 makes minor amendments to enable OR-7s, upon
receiving their commission, to automatically qualify to sit upon a Court M artial Board,
thereby aligning the legislation with the original policy intent.
313 The minor and consequential amendments are:
a. Section 20(2)(a) and (b) amends subsection 156(2)(b) of AFA 2006 and inserts new
subsections 156(2)(b)(i) and (ii). This expands the range of former OR service
personnel who automatically qualify to be lay members upon receiving their
commissions to include both former warrant officers and OR-7 rank. Subsection
(2)(b)(ii) will bar those service personnel who were formerly acting and not
substantive OR-7 rank from automatic qualification. Those who were formerly acting
OR-7s will still be required to undergo the 3-year qualification process to sit on a
Court Martial Board as lay members as per subsection 156(2)(a).
b. Section 20(3) omits subsection 156(3) of AFA 2006. This subsection is omitted as it is
redundant due to subsection (2)(a) amending subsection 156(2)(b).
c. Section 20(4)(a) amends and clarifies subsection 156(3A) of AFA 2006. The
amendment after the word “acting” inserts “OR-7”. This makes it clear that only those
holding substantive OR-7 status qualify to sit on the Court Martial Board.
d. Section 20(4)(b) omits subsections 156(3A) (a) - (f) of AFA 2006, which list the titles of
various OR-7 ranks. These are omitted as they are already listed in subsections
155(9)(a) - (f) AFA 2006.
Clause 21: Power to impose post-charge conditions on persons not in service
detention
314 Clause 21 amends Part 4 of AFA 2006 to provide judge advocates with a power to impose
post-charge conditions on defendants in proceedings before the Court Martial or the Service
Civilian Court, where the defendant is not held in service custody.
315 The clause inserts a new section 109A that sets out the conditions where the new power will
apply. New subsection 109A (1) provides that the new section applies when a person aged
over 18 has been charged with a service offence or is awaiting sentence for a service offence
and is not in service custody.
316 New subsection 109A (2) provides that following an application from an appropriate
person, a judge advocate may impose requirements on the accused for the purpose of
securing attendance at any hearing related to the service offence, preventing the accused
from committing a further offence, preventing interference with witnesses, or for the
accused’s own protection. New subsection 109A (3) defines an appropriate person as a

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member of a service police force, a member, or a person on the staff of the Service
Prosecuting Authority. New subsection 109A(4) sets out that an application may also be
made by or on behalf of the accused, by the commanding officer of the accused or by an
appropriate person and that any requirements imposed may be varied or discharged by a
judge advocate.
317 New subsection 109A (5) sets out that a person who, without reasonable excuse, fails to
attend a hearing concerning a requirement set by a judge advocate under section 109A
(2)(a) commits an offence. New subclause 109A(6) provides that the applicable punishments
are those listed in the Table in section 164 of AFA 2006, and any sentence of imprisonment
must not exceed two years.
318 Clause 21 also inserts a new section 109B that sets out the procedural requirements for
applications under new section 109A. New subsection 109B (1) provides that a judge
advocate may not hear an application under this section unless the accused has been
informed in writing of the grounds for the application and has been given notice of the
hearing. New subsection 109B (2) provides that the accused is entitled to attend the hearing,
to make representations and be legally represented.
319 New subsection 109B (3) enables a judge advocate to impose a requirement without
complying with subclauses 109B(1) and (2) if they consider it necessary due to urgency.
New subsection 109B (4)(a) provides that, where such an urgent requirement has been
imposed, the judge advocate must arrange a hearing that complies with subclauses
109(B)(1) and (2) as soon as practicable. New subsection 109B (4)(b) makes clear that any
urgent requirement ceases to have effect at the end of that hearing unless the judge
advocate renews it during the hearing.
320 Clause 21 (3) also amends section 110 of AFA 2006 to provide that a person may be taken
into service custody if there are reasonable grounds for suspecting that, if not taken into
service custody, they would fail to comply with a requirement imposed under new section
109A (2).
321 Clause 21 (4) and (5) amend Chapter 3 and section 112 of AFA 2006 to allow the Secretary of
State to make rules with respect to applications under this new power. Finally, clause 21 (6)
sets out that amendments made by this section apply only in relation to persons charged
with a service offence on or after the day on which the section comes into force.
Clause 22: Dismissal of charges
322 Clause 22 amends section 163 AFA 2006 (which provides the Secretary of State with powers
to make rules with respect to the Court Martial) to enable new procedures to be introduced
allowing for dismissal of a charge before arraignment and, separately, for a charge that has
been dismissed to be brought again under certain conditions.
323 These procedures currently exist within the criminal justice system through a combination
of:
a. Paragraph 2(1) and (2) of Schedule 3 to the Crime and Disorder Act 1998 – which
provides for the dismissal of charges on application where it appears to the judge that
the evidence would not be sufficient to convict;

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b. Paragraph 2(6)(a) of Schedule 3 to the Crime and Disorder Act 1998 – which provides
that no further proceedings may be brought on a dismissed charge or charges except
by way of a voluntary bill of indictment; and,
c. Section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 –
which provides that a bill of indictment cannot be preferred unless by the direction or
with the consent of a judge of the High Court.
324 The voluntary bill procedure is an exceptional procedure only available where it is in the
“interests of justice” and its primary use is to enable proceedings to be brought after a
charge has been dismissed. Whilst there is no exhaustive list of the circumsta nces in which
the High Court can grant consent to reinstate a previously dismissed charge, the principles
are set out in case law: permission will be granted in exceptional cases only where there has
been: (a) a substantive error of law that is clear or obvious, (b) new evidence has become
available, or (c) there was a serious procedural irregularity.
325 Clause 22 will allow Court Martial rules to make provision for:
a. a judge advocate to dismiss charges, on application, where it appears that the
evidence is not sufficient to convict the applicant;
b. a previously dismissed charge to be brought again if conditions set out in the rules are
complied with (including the permission of a judge of the High Court).
Clause 23: Hospital assessment and treatment in cases of mental disorder
326 Chapter 4 of Part 7 of AFA 2006 makes provision allowing the Court Martial to make
certain orders under Part 3 of the Mental Health Act 1983: this mirrors provision made in
the civilian system by virtue of the Criminal Procedure (Insanity) Act 1964. Clause 2 3
amends Part 7 of AFA 2006, inserting a new Part 3A (Power to make orders under Part 3 of
the Mental Health Act 1983) and Schedule 3B (Modifications of Part 3 of the Mental Health
Act 1983) which will enable the Court Martial to make the same orders as the Crown Court
in cases where an accused or convicted person may require assessment or treatment
because they are (or may be) suffering from a mental disorder, but the case does not fall
within Chapter 4 (Findings of Unfitness to Stand Trial and Insanity). In particular, judge
advocates will be able to make orders for the following sections of the Mental Health Act
1983: section 35 (remand to hospital for report on mental condition), section 36 (remand to
hospital for treatment), section 37 (hospital order), section 38 (interim hospital order, section
41 (restriction order) and section 45A (hospital admission where sentence of imprisonment
imposed).
New Section 165A
327 New section 165A of, and new paragraph 2 of the new Schedule 3B to, AFA 2006 will allow
a judge advocate of the Court Martial to remand a defendant who is not yet sentenced or
otherwise disposed of to a hospital for a report on their mental condition, in cases where
evidence has been put before the court that they may be suffe ring from mental disorder.
The new section 165A sets out the circumstances in which such an order may be made, and
Schedule 3B modifies section 35 of the Mental Health Act 1983 for the Service context.

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New Section 165B
328 New section 165B of, and paragraph 3 of new Schedule 3B to, AFA 2006 allows a judge
advocate of the Court Martial to remand a defendant who is not yet sentenced or otherwise
disposed of, and where the court has received evidence that they are suffering from a
mental disorder to a degree which makes it appropriate to do so, to a hospital for medical
treatment. The new section 165B sets out the circumstances in which such an order may be
made and paragraph 3 of new Schedule 3B modifies section 36 of the Menta l Health Act
1983 for the service context.
New section 165C
329 New section 165C of, and paragraph 4 of new Schedule 3B to, A FA 2006 applies where a
person is convicted by the Court Martial of an offence punishable with imprisonment,
unless the sentence is fixed by law. A judge advocate of the Court Martial will be able to
make a hospital order (with or without a restriction order, and also on an interim basis)
under sections 37, 38 and 41 of the Mental Health Act 1983, as modified by paragraph 4 of
the new Schedule 3B, instead of imposing a sentence of imprisonment. Th e new section
165C sets out the circumstances in which such orders may be made and paragraph 4 of new
Schedule 3B makes the necessary modifications for the Service context.
New Section 165D
330 New section 165D of, and paragraph 5 of new Schedule 3B to, AFA 2006 will where a Court
Martial has convicted a defendant of an offence for which the sentence is not fixed by law,
has considered whether to impose a hospital order and has decided to impose a sentence of
imprisonment. A judge advocate will be able to impose an order under s.45A of the Mental
Health Act 1983, to allow for the defendant to be detained in a hospital for the purposes of
receiving treatment, but the sentence will be one of imprisonment. Paragraph 5 of the new
Schedule 3B modifies sections 45A and 45B for the Service context.
Clause 24: Variation or recission of activation orders by the Service Civilian Court
331 This clause replaces the incorrect reference to section 193 in section 288(3)(ea) of AFA 2006,
with reference to an order under paragraph 13 of Schedule 16 of the Sentencing Act 2020,
which is where the Service Civilian Court’s powers to make activation orders are contained.
Clause 25: Guidance on exercise of criminal jurisdiction
332 This clause confers a duty on the Secretary of State to issue guidance to certain persons.
These are persons who have functions of a public nature relating to victims of alleged
conduct that occurred in the UK constituting an offence that could be tried in either a
service court or a civilian court or any aspect of the civilian or service justice system. The
purpose of the guidance is to assist those persons to provide sufficient information in a
timely and appropriate manner to help victims reach an informed view, before the victim
indicates their preference to prosecutors, on whether the offence should be tried in either a
service or civilian court. Decisions on the jurisdiction in which an offence committed in the
UK may be tried will continue to be made by prosecutors using the protocols described in
sections 320A to C of AFA 2006.
333 Subsection (3) sets out that the statutory guidance must explain the similarities and
differences between proceedings in a service or civilian court. It may also include any other

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matters appropriate for ensuring that sufficient information is provided in a timely and
appropriate manner to victims to help them reach an informed view on their preferred
jurisdiction.
334 Subsection (4) requires any person who has functions of a public nature relating to victims
of alleged conduct constituting an offence that could be tried in either a service court or a
civilian court, or any aspect of the criminal or service justice system, to have regard to any
guidance issued under this section. This means that if they are advising a victim on the
differences between service and civilian justice systems in order to help the victim identify
their preferred jurisdiction, the person who has functions of a public nature must take this
guidance into account.
335 Subsection (5) makes it clear the duty under subsection (4) to have regard to the statutory
guidance does not apply to anything done by a person acting in a judicial capacity or in the
discharge of a prosecutorial function.
336 Subsection (6) requires the Secretary of State, before issuing or revising guidance under this
clause, to consult the devolved governments of Scotland and Northern Ireland, specified
prosecutorial agencies, civilian policing, the Service Police Complaints Commissioner,
Provost Marshals, the commissioners for victims and witnesses and any other person the
Secretary of State thinks appropriate. Subsection (8) sets out that the consultation
requirement at subsection (6) does not apply if the revision of the gu idance is considered
insubstantial by the Secretary of State. Subsection (9) requires that the guidance and any
subsequent revisions to be published.
Clause 26: Minor revisions of guidance on exercise of criminal jurisdiction
337 Clause 26 sets out that the consultation requirements under section 320A(7), 320B(8) and
320C(8) of AFA 2006 do not apply if any revisions to the protocol on concurrent jurisdiction
are considered insubstantial by the Director of Service Prosecutions acting jointly with: the
Director of Public Prosecutions (under section 320A); the Lord Advocate (under section
320B); or the Director of Public Prosecutions for Northern Ireland (under section 320C).
Clause 27: Driving disqualification orders: reduced disqualification period
338 Clause 27 introduces a new power into AFA 2006 that will enable a service court to reduce
the disqualification period for an offender convicted of a relevant drink offence or a
specified offence under section 42, providing they successfully attend and pass an approved
course with a service provider in England. The purpose of clause 2 7 is to align the service
justice system with the civilian justice system regarding reduced driving disqualification
periods for offenders that complete approved courses.
339 Clause 27 inserts new section 177IA which mirrors, with modifications, the effect of section
34A of the Road Traffic Offenders Act 1988 (“RTOA 1988”).
a. Subsection 177IA(1) specifies that in order for an offender to be eligible for a reduced
disqualification period for attendance on a course, they must have been convicted of a
relevant drink offence or a specified offence under section 42 AFA 2006 and
disqualified from driving for 12 months or more. A “relevant drink offence” and a
“specified offence” are the drink driving offences set out in sections 34A(2) and 34A(3)

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RTOA 1988 respectively (for example, careless and inconsiderate driving under section
3 of the Road Traffic Act 1988).
b. Subsection 177IA(2) enables a service court to make an order reducing the
disqualification period where the offender satisfactorily completes an approved course
by a date that is specified in the order. In accordance with subsection 177IA(3) that
date must be at least two months before the last day of the reduced period of
disqualification. Pursuant to subsection 177IA(4) the reduction in the period of
disqualification must be at least 3 months and not more than one quarter of the
original unreduced period of disqualification.
c. Subsection 177IA(5) specifies that a service court may not make an order to reduce the
disqualification period where the criteria in subsections 177IA(6) and (7) apply.
Subsection 177IA(6) applies where the offender has, within the last 3 years, committed
a specified offence and completed either an approved course under section 177IA AFA
2006 or a course under section 34A RTOA 1988, and received a reduced
disqualification period. Subsection 177IA(7) applies where the offence was committed
during the offender’s probationary period under section 1 of the Road Traffic (New
Drivers) Act 1995.

d. Subsection 177IA(8) sets out circumstances where a service court may not make an
order under section 177IA(2). To that end, the court must be satisfied that a place on an
approved course will be available to an offender, the offender is over 17 years of age
and is aware of the effect of the order and the fees they must pay for the course. Lastly,
for the court to make an order it requires the offender’s agreement.

e. Subsection 177IA(9) specifies that an offence is committed under section 42 AFA 2006
if the offence is either a drink offence or specified (driving) offence under the law of
England and Wales.

f. Subsection 177IA(10) defines relevant terms.
340 New section 177IB makes provision for certificates of completion to confirm an approved
course has been completed.
a. Subsection 117IB(1) specifies that an offender is deemed to have completed a course
satisfactorily where a clerk of the court is in receipt of a certificate from the course
provider indicating the offender’s completion of an approved course before the end of
the unreduced period. For the service justice system, the relevant clerk of the court will
be a member of the Military Court Service.

b. Subsection 117IB(2) applies subsections (2) to (11) of section 34B of the RTOA 1988
with modifications. For instance, 117IB(c) when referring to the rules of the court, this
is to be taken as Court Martial rules or Service Civilian Court rules.

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c. Clause 27 makes a consequential amendment to the RTOA 1988 by inserting new
subsection 34A (8A) into the RTOA 1988. This provision ensures that a magistrates’
court does not make an order where the offender has, in the last 3 years, committed an
offence under section 42 AFA 2006 where the corresponding offence under the law of
England and Wales is a specified offence, and have successfully completed an
approved course set out in an order made under section 177IA AFA 2006.
Clause 28: Rehabilitation periods
341 Clause 28 inserts a new entry in the table in paragraph (b) of subsection (2) of section 5 of
the ROA 1974. The new entry restores rehabilitation periods to the service punishments of
Reduction in rank or disrating; Forfeiture of a specified term of seniority, or all seniority;
Service supervision and punishment orders.
342 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 amended that Act for
England and Wales and, in doing so, gave those punishments a rehabilitation period of
“nil”. The result of this is that these punishments are immediately “spent”, and it means
that they cannot be taken into account, for example, by promotion boards. The result of this
amendment is these punishments will receive a rehabilitation period of 12 months for
adults and 6 months for young offenders.
343 Subsections 3 and 4 align the rehabilitation periods for the same sentences in Scotland with
those in the ROA 1974 in England & Wales.
Clause 29: Exceptions for spent cautions when taking administrative action
344 Clause 29 amends Schedule 2 of the ROA 1974 (protection for spent cautions) to place an
obligation on members of the Armed Forces to disclose spent cautions so their single
Service can consider taking employment action, known as administrative action in the
Armed Forces, against them.
345 The clause inserts a new paragraph 5(A)(1) into Schedule 2 of the ROA 1974, that earlier
paragraph 3(3) which prohibits seeking information with respect to a person’s previous
cautions, does not apply and that spent cautions can be disclosed to a superior officer for
the purpose of taking administrative action.
346 Subparagraphs 5A(2) and (3) provide that paragraphs 3(4) and 3(5) of Schedule 2 of the
ROA 1974 do not apply to any obligation to disclose a spent caution or in relation to taking
administrative action in connection with a spent caution. Paragraph 5(A)(4) provides that
the preceding paragraphs only apply in relation to cautions given while the Service persons
were a serving member of His Majesty’s Armed Forces.
347 Subparagraph 5A(5)(a) provides that the meaning of a “superior officer” has the same
meaning as in AFA 2006 (section 374 read with section 377(3)).
348 Subparagraph 5A(5)(b) provides the meaning of “administrative action” as action (other
than service disciplinary proceedings) taken by a superior officer acting under their powers
of command in accordance with King’s Regulations, and is taken with the purposes of
rehabilitating, censoring or sanctioning another member of His Majesty’s Armed Forces to

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safeguard or restore the operational effectiveness and efficiency of the Armed Forces.
349 Subparagraph 5A(5)(c) provides that references to taking administrative action include
making of any decision as to whether to take such action.
Clause 30: Commissioner’s functions in relation to Royal Fleet Auxiliary
350 Clause 30 inserts a new subsection 365AA(7) into AFA 2006. This new subsection
introduces Schedule 14ZB, which makes provision for the Commissioner to exercise general
service welfare functions in relation to members of the Royal Fleet Auxiliary .
351 Subsection (2) introduces Schedule 4, which inserts new Schedule 14ZB into AFA 2006.
Schedule 4: Armed Forces Commissioner: functions relating to the Royal Fleet
Auxiliary
352 Part 1, paragraph 1 inserts new Schedule 14ZB into AFA 2006 (detail below).
353 Part 2, paragraphs 2 and 3 list the consequential and related amendments to be made to
AFA 2006:
a. Section 340IA subsection (5) (matters which the Commissioner may not conduct a
general service welfare investigation into) is amended to exclude civil proceedings
and coroner investigations from the Commissioner’s scope.
b. Subsection (9), of section 340IA is also amended to insert the definition of ““coroner
investigation”, to mean:
o (a) an investigation under Part 1 of the Coroners and Justice Act 2009 ;
o (b) an investigation by the procurator fiscal under section 1(1)(a) of the Inquiries
into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) ;
o (c) an inquiry under that Act; or
o (d) an inquest under the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) ;”.
c. Section 340O (annual report on system for dealing with service complaints) is
amended to include the Commissioner’s functions that relate to the RFA in their
annual reporting requirements.
d. Schedule 14ZA (Armed Forces Commissioner) is amended so that person who is a
member of the Royal Fleet Auxiliary (“RFA”) cannot be a Deputy Commissioner.
New Schedule 14ZB – Introductory
354 Paragraph 1 introduces the content of the Schedule, establishing that it confers functions on
the Armed Forces Commissioner in relation to members of the RFA.
355 For the purposes of this paragraph, subparagraph (2) explains that references to the
Commissioner are to the Armed Forces Commissioner and references to RFA members are
to persons who are members of the RFA.
New Schedule 14ZB – Additional general function
356 Paragraph 2 expands the Commissioner’s general functions set out in section 365AA(2)(a)

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of AFA 2006, to include promoting the welfare of RFA members and improving the public’s
understanding of the welfare issues faced by RFA members.
New Schedule 14ZB – Investigations of general RFA welfare matters
357 Paragraph 3 enables the Commissioner to investigate a “general RFA service welfare
matter”. The intent of this section is to ensure the scope is broad enough to capture welfare
issues experienced by RFA members, provided they relate to issues which have arisen as a
result of their ongoing employment with the RFA and are sufficiently serious to warrant
investigation.
358 Subparagraph (3) requires the Commissioner to consider a request from any member of the
RFA to carry out an investigation under paragraph 3.
359 Subparagraph (4)(a) to (c) exclude certain matters that cannot be investigated under this
paragraph due to the unique terms and conditions of service the RFA members hold as both
civil servants and merchant seafarers. This means that the Commissioner cannot investigate
particular matters processed under policies and procedures for RFA members serving as
the civil service of the State, particular complaints brought on or on behalf of trade unions
or matters which are subject to collective agreement between the Secretary of State and
maritime trade unions.
360 Subparagraph (4)(d) excludes any other matter which falls within paragraphs (a) to (e) of
section 340IA of AFA 2006 (Commissioner investigations of general service welfare
matters).
361 Subparagraphs (4) and (5) ensure that although the Commissioner cannot investigate
certain matters under subparagraph (4) and subsections 340IA(a) to (e) of AFA 2006, the
Commissioner may still investigate issues that may have otherwise been brought to the
Commissioner’s attention. For example, where an issue is referred to the Commissioner that
would be more appropriate for the matter to be referred to the appropriate complaints
process, whether it be the civil service under the State or a trade union. An example of this
would be if an RFA member or trade union raised a complaint to the Commissioner on a
particular subject such as pay, working conditions or grievances against colleagues.
However, a complaint may indicate wider systemic issues that could potentially affect the
welfare of other RFA members. These wider systemic issues could then be a matter that can
be investigated under this provision.
362 Subparagraph (6) places a requirement on the Secretary of State to co-operate with, and
give reasonable assistance to, the Commissioner in relation to an investigation under this
paragraph. The Secretary of State must also consider any findings or recomme ndations
made by the Commissioner in connection with an investigation under this paragraph.
363 For the purposes of this paragraph, subparagraph (7) defines:
a. “collective agreement” as having the same meaning as in the Trade Union and Labour
Relations (Consolidation) Act 1992 (see section 178(1) of that Act).
b. “maritime trade union” as meaning any trade union, within the meaning of the Trade
Union and Labour Relations (Consolidation) Act 1992, whose members include RFA
members.

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New Schedule 14ZB – Power of Entry
364 Paragraph 4 confers on the Commissioner powers of entry to RFA sites. It specifies that this
power of entry includes certain actions, including to observe activities at those sites and to
inspect and take copies of documentation. These actions are set out in subparagraph (1).
365 Subparagraph (2) makes reference to subparagraph (1)(c) and provides that when
inspecting and taking copies of any document kept in electronic form, the Commissioner
can require such document to be produced in a form which is legible or which can readily
be made legible, and can be taken away.
366 Subparagraph (3) and (4) require that prior to relying on their powers of entry the
Commissioner should provide such notice to the Secretary of State as they consider
appropriate. Where they consider that to provide such notice would defeat the object of
their powers of entry, they may provide no notice at all only where their visit relates to RFA
premises within the UK. For RFA premises outside of the UK the Commissioner must give
notice of the proposal to visit within such a period as the Commissioner con siders
appropriate.
367 Subparagraph (5) enables the Commissioner to be accompanied by any person of their
choosing to the premises and bring anything required for the purpose of exercising their
powers of entry. It also places an obligation on the Commissioner to provide evidenc e of
their identity and outline the purpose of exercising their power, should this be requested by
a person on the premises.
368 Subparagraph (6) ensures that national security and personal safety considerations can be
considered, even in instances where no notice of a visit is provided by the Commissioner.
To achieve this subparagraph (6) enables the Secretary of State to prevent o r restrict the
Commissioner’s powers of entry and related actions under subparagraph (1) (generally or
in a particular case) where they consider it necessary to do so in the interests of national
security or for the safety of any person (which could include the safety of RFA members on
the site, or the Commissioner themselves).
369 Subparagraph (7) sets out the instances in which the Commissioner may not exercise the
powers under subparagraph (1). This includes when the Commissioner has reasonable
grounds to believe an item is subject to legal privilege; and also prohibits exercising the
power to require a person to do anything that they could not be compelled to do in civil
proceedings before the High Court (or, in Scotland, the Court of session).
370 For the purposes of this paragraph, subparagraph (8) defines:
a. “item subject to legal privilege” in England and Wales as the definition provided in
the Police and Criminal Evidence Act 1984. In Scotland as the definition provided in
section 412 of the Proceeds of Crime Act 2002. In Northern Ireland as the definition
provided in the Police and Criminal Evidence (Northern Ireland) Order 1989.
b. “premises” as including any place and, in particular, includes any vehicle, ship,
aircraft, tent or movable structure.
c. “RFA premises” as any premises which (at the time of exercise of the power under

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subparagraph (1)) are permanently or temporarily occupied or controlled for the
purposes of the RFA but are not service living accommodation. “For the purposes of”
has not been further defined and should be given its ordinary meaning. Privately-
owned property, land and premises owned by members of the RFA for private use
unconnected to their ongoing employment with the RFA would not be captured by
the definition.
371 Subparagraph (9) specifies that in the definition of “RFA premises” in subparagraph (8),
“service living accommodation” has the meaning given by section 96 of AFA 2006 as if
references to His Majesty’s forces and the persons within subsection (1A) of that section
included RFA members.
New Schedule 14ZB – Other Powers
372 Paragraph 5 expands section 340J and section 340K of AFA 2006 to include the
Commissioner’s investigations into general RFA welfare under paragraph 3.
New Schedule 14ZB – Reports
373 Paragraph 6 expands section 340LA of AFA 2006 (report and recommendations of
Commissioner: general service welfare investigations) to include general RFA welfare
investigations under paragraph 3.
Clause 31: Transfers between regular and reserve forces
374 Clause 31 amends sections of RFA 1996 and AFA 2006 to enable volunteer reservists at or
below the rank of Warrant Officer from the Regular Forces to transfer to the Volunteer
Reserve without having to leave one force and rejoin. This would also enable the same
seamless transfer between the reserve forces of the UK (as set out in section 1 of RFA 1996)
and the Regular Forces.
375 Subsection 2 adds a sentence in subsection 3 to section 2 (membership of the reserve forces)
of RFA 1996 which would read: ‘men transferred to that force under regulations made
under section 331 of the Armed Forces Act 2006’.
376 Subsection 3 adds a new subsection (2A) to section 4 of RFA 1996 (orders and regulations
concerning the reserve forces) to allow for regulations to be made for persons to be able to
transfer from the volunteer reserve forces to the regular force.
377 Subsection 4 adds a new subsection in section 331 in AFA 2006 to allow for regulations to be
made with regards to a person’s eligibility to be transferred into the volunteer reserve.
378 Clause 31 will only apply to the ranks of Warrant Officers and below. Officers are
appointed under commissioning warrants (secondary legalisation) that will be amended to
ensure that the same effect is achieved for Officers.
Clause 32: Call out for permanent service
379 This clause amends provisions in RFA 1996 to enable the Secretary of State to make an
order to disapply aggregate Service for members of the Reserve Force on call out under
sections 52 and 54 of RFA 1996.
380 Subsection (1) establishes that Part 6 of RFA 1996 (call out for permanent Service) will be

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amended. The effect of these amendments is to enable the Secretary of State to disapply
aggregate Service under call-out when warlike operations are in preparation or in progress
or there is national danger, great emergency or attack on the UK.
381 Subsection (2) amends section 53(11) (maximum duration of Service on call out under
section 52) by inserting new subparagraphs (a) and (b) to allow aggregate Service to be
disapplied under this section. The insertion of the new subparagraph (b) reflects the
existing wording in relation to the ability to extend the maximum duration of Service on
call-out under section 53 from 3 years to 5 years and makes no practical changes to that
provision.
382 Subsection (3) makes a consequential amendment to section 53A(4) (agreement to alter limit
in section 53) to ensure that the previous reference to section 53(11) remains specific to the
ability to extend the maximum duration of Service under the new subparagraph (11)(b).
383 Subsection (4) amends section 55(11) (maximum duration of Service on call out under
section 54) by inserting new subparagraphs (a) and (b) to allow aggregate Service to be
disapplied under this section. The insertion of the new subparagraph (b) reflects the
existing wording in relation to the ability to extend the maximum duration of Service on
call-out under section 55 from 12 months to 2 years and is makes no practical changes to
that provision.
384 Subsection (5) makes a consequential amendment to section 55A(4) (agreement to alter limit
in section 55) to ensure that the previous reference to section 55(11) remains specific to the
ability to extend the maximum duration of Service under the new subparagraph (11)(b).
Clause 33: Recall for service
385 Subsection (1) establishes that Part 7 of RFA 1996 (recall for Service of officers and former
servicemen) will be amended. The overall effect of these amendments is to introduce recall
liability for former members of the Volunteer Reserve Forces (Other Ranks), increase the
age limit for recall to 65, harmonise the recall liability period on leaving service, enable the
disapplication of aggregate service under recall and create a new recall power (recall for
warlike preparations).
386 Subsection (2) amends the heading of Part 7 to reflect the fact that as a result of these
amendments, former Volunteer Reserves will also be able to be recalled under this Part.
387 Subsection (3) similarly amends the heading of section 65 (liability of officers and former
servicemen to be recalled) to reflect the fact that former Volunteer Reserves will have a
liability to be recalled under this section. This subsection also adds a n ew provision to
section 66 (new subsection (2A) to clarify that a person who is recalled for service as a
member of any of the Volunteer Reserve Forces is, while in service under the recall order
concerned, deemed to be enlisted in that Volunteer Reserve Force.
388 Subsection (4) makes a number of amendments to section 66 (persons who may be recalled
under Part 7):
a. Subsection (4) (a) inserts a new subparagraph (2)(a) into section 66 to provide that
persons who have served as an Other Rank in the Volunteer Reserve Forces, other than

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as a special member of such a Force, and have not become an officer since being
discharged, will have recall liability under this section.

b. Subsection (4)(b)(i) amends the upper age limit for recall liability for individuals who
meet the criteria in section 66(1)(b) for recall liability under this section from 55 to 65.

c. Subsection (4)(b)(ii) to (v) removes the previous limit of 6 years following discharge or
transfer from the Royal Navy or the Royal Marines and replaces it with 18 years from
discharge or transfer from all the services.

d. Subsection (4)(c) inserts a new subsection (2A) which reflects the changes above but for
former members of the Volunteer Reserve Forces who meet the criteria in new section
66(1)(c).

e. Subsections (4)(d) and (e) insert a new subsection (3A) and make related amendments
to replicate the existing provision in section 66(3) and (4) so that if a former member of
the Volunteer Reserve Forces, who meets the criteria in new section 66(1)(c), re -enlists
in the Reserve Forces – this prevents or terminates the application of section 66 to them
in reference to an earlier discharge date.
389 Subsections (5) and (6)(a) and (b) make amendments to sections 68 (recall for national
danger, great emergency or attack on the UK) and 69 (maximum duration of service on
recall) to reflect the new recall provision inserted by virtue of subsection (7) of clause 33.
390 Subsection (6)(c) inserts a new subparagraph (a) into section 69(6) to allow aggregate
service to be disapplied under this section. The insertion of the new subparagraph (b)
reflects the existing wording in relation to the ability to extend the maximum duration of
service on recall under section 68 from 3 years to 5 years and makes no practical changes to
that provision.
391 Subsection (7) inserts new sections 69A (Recall for warlike operations) and 69B (Maximum
duration of service on recall under section 69A) into RFA 1996. Defence is already
empowered to call out personnel for warlike operations (section 54) but is not currently
empowered to recall personnel for the same purpose (section 68). Accordingly, this is a
small change which represents an amalgamation of what is already in place, to ensure that ,
in the event of a national crisis, Defence is able to utilise all means to generate the mass of
people it needs to plan, train, equip personnel and prepare to deliver warfighting and home
Defence capabilities. New sections 69A and 69B largely consolidate the existing provisions
under sections 54 (call out for warlike operations), 55 (maximum duration of service on call
out under section 54), 68 (recall for national danger, great emergency or attack on the UK)
and 69 (maximum duration of service on recall under section 68), but ensure that recall is
possible for warlike preparations. Beyond this, the main substantive change is the ability to
disapply aggregate service in new section 69B(6).
New Section 69A: Recall for warlike operations
392 Subsection (1) enables the Secretary of State to make an order under this section authorising
the recall under this Part of persons to whom section 66 applies if it appears to the Secretary
of State that warlike operations are in preparation or progress.
393 Subsection (2) provides that a recall order under this section authorises, subject to new

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subsection (3), the recall of any person to whom section 66 applies or, if the order is so
limited, any such person who is of a description specified in the order.
394 Subsection (3) provides that a recall order under this section does not authorise the recall of
any person to whom section 66 applies who is not liable to be recalled under the order by
virtue of regulations made by virtue of section 73 (the power to exempt persons from or
relax recall liability conferred on the Defence Council) or an exemption granted on an
application under regulations under section 79 (individual exemptions from recall).
395 Subsection (4) provides that a recall order under this section can only remain in force for 12
months (unless an order under subsection (5) is made) and has effect (subject to the 12-
month time limit or to any order under subsection (5)) until it is revoked.
396 Subsection (5) provides that the Secretary of State may, before the end of the 12 months,
make an order providing that a recall order under this section ceases to authorise the recall
of any person who is not in service under the order.
397 Subsection (6) provides that the restriction of a recall order under subsection (5), or by the
12 month limit, does not affect the operation of any recall notice served on any person
before the day on which an order under subsection (5) is made or, as the c ase may be, the
day specified in the recall order for the purposes of the 12 month limit.
398 Subsection (7) allows the Secretary of State to make an order revoking a recall order under
this section (whether or not its effect has been restricted as mentioned in subsection (5)).
399 Subsection (8) provides that where an order under subsection (7) revoking a recall order
under this section is made, the recall order ceases to authorise the recall of anyone who
could otherwise be recalled on the authority of that order (including anyone s erved with a
recall notice before the revocation order who has not been accepted into service); and any
person in service under the recall order is entitled to be released or discharged from that
service.
400 Subsection (9) provides that the making of any recall order under this section, or any order
under subsection (5) or (7), must be reported to each House of Parliament without delay.
New Section 69B: Maximum duration of service on recall under section 69A
401 Subsection (1) establishes when persons in service under a recall order under section 69A
(“the recall order”) are entitled to be released from service (in the case of officers) or
discharged (in the case of Other Ranks).
402 Subsection (2) provides that a person is (if not released or discharged sooner) entitled to be
released from service or discharged when their current service under the recall order, or
their current service and any relevant service in aggregate, exceeds 12 months.
403 Subsection (3) allows a person in service under the recall order to agree to the extension of
their period of service beyond the day on which they would otherwise be entitled to be
released or discharged.
404 Subsection (4) states that an agreement under subsection (3) may not be entered into when
the person concerned could not be served with a recall notice on the authority of the order
or any other recall order; or when there is more than 12 months before the person would

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otherwise be entitled to be released or discharged by virtue of subsection (2) or subsection
(5).
405 Subsection (5) provides that a person who has entered into an agreement under subsection
(3) is no longer entitled to be released or discharged on the day they would otherwise be so
entitled and is instead is entitled to be released from service or discharged at the end of the
period specified in the agreement.
406 Subsection (6) enables the Secretary of State to, via signed order, provide that, in the case of
such descriptions of person as may be specified in the order, aggregate service may be
disapplied for the purposes of calculating their maximum service. This is the new provision
that enables the disapplication of service in certain circumstances. This change will help to
ensure that Defence mitigates the risk of being unable to call on the people with the skills
and experience it requires at times of need.
407 Subsection (6) also allows the maximum of duration of service to be extended from 12
months to 2 years, which is the same as currently applies to members of the Reserve Forces
called out under section 54.
408 Subsection (7) provides that the making of an order under subsection (6) must be reported
to each House of Parliament without delay.
409 Subsection (8) defines “relevant service” as meaning any service under this Part, or under
Part 4, 5 or 6, within the 3 years immediately preceding the day on which a person’s current
service under the recall order began.
Clause 34: Sections 32 and 33: consequential amendments
410 This clause makes consequential amendments to RFA 1996 which flow from the changes
introduced by clauses 32 and 33.
411 Consequential changes to RFA 1996 are as follows:
a. Amendments to sections 34, 45, 60, 72, 75, 77 and 81, which all cover provisions
around release from service after personnel have been recalled to full time Service , are
needed to reflect the fact in future there will be more than one call out option and
therefore seeks to provide clarity and prevent any confusion in this space.
b. Additionally, for the same reason, section 125A will be amended, which covers the
supply of contact details by HMRC for those personnel Defence wishes to recall to full
time.
c. Section 127 is also amended so that the meaning of “prescribed” for the purposes of
new Part 7 of Schedule 9 will not be captured by the definition in section 127. Instead,
it will have the meaning in section 77.
412 Similarly, section 1 of the Reserve Forces (Safeguard of Employment) Act 1985 will be
amended, which covers obligations covering a person’s return to civil employment after a
period of recall to full-time Service.
413 Finally, for the same reason, section 368 of AFA 2006 will be amended to reflect the addition

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of other call out options to the extant list which enable Defence to recall personnel to full
time Service in certain circumstances.
Clause 35: Sections 32 and 33: transitional classes
414 Clause 35 introduces Schedule 5, which amends section 129 of, and Schedule 9 to, RFA 1996
(application of Act to members of transitional classes) to make transitional provision in
connection with the provision made by clauses 32 and 33.
Schedule 5: Call out and recall for service: transitional classes
415 Paragraph 2(1) of Schedule 5 amends section 129 (application of Act to members of
transitional classes) as follows:
416 The references to “members of the Reserve Forces” in subsections (1) and (3) of section
129 are removed to reflect the fact that new transitional classes are being created that will
no longer just be applicable to members of the Reserve Forces.
417 Two new transitional classes are created under new subsection (1)(c) and (d) of section
129 – the third transitional class and the fourth transitional class.
418 Subsection (3) of section 129 is amended to state that “the third transitional class” is to be
construed in accordance with Part 5 of Schedule 9, and that “the fourth transitional class” is
to be construed in accordance with Part 7 of Schedule 9 RFA 1996.
419 Paragraph 3 (2) and (3) of Schedule 5 amends Schedule 9 of RFA 1996 to remove references
to “members of the Reserve Forces” in the headings of Parts 1 and 3 of Schedule 9 to reflect
the fact that new transitional classes are being created that will no longer just be
applicable to members of the Reserve Forces.
420 Paragraph 3(4) amends Part 4 of Schedule 9 of RFA 1996 to provide that section 53
(maximum duration of service on call out under section 52) and section 55 (maximum
duration of service on call out under section 54) RFA 1996 apply differently in relation to
members of the second transitional class. These sections will apply as if the changes
made under clause 31 in relation to disapplication of aggregate service were not made to
RFA 1996.
421 Paragraph 3(5) of Schedule 5 inserts new Parts 5 to 8 into Schedule 9 RFA 1996 (see further
detail below).
New Parts 5 and 6 of Schedule 9 RFA 1996 – the third transitional class
422 Part 5 establishes who the members of the third transitional class are and what
is required to become and/or remain a member of that class, and Part 6 explains how RFA
1996 applies to those individuals in relation to aggregate service.
423 Paragraph 34(1) states that the third transitional class is to consist of people who:
a. are members of a Reserve Force;
b. are not members of the original transitional class or the second transitional class ;
c. for the time being:

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i. fall within paragraph 35 or 36; and have made an election under paragraph
38 which has not been revoked (this is the opt-out provision), or
ii. fall within paragraph 37 and have not made an election under paragraph 39
(this is the opt-in provision).
424 Paragraph 34(2) defines “the appointed day” for the purposes of Part 5 of the
Schedule as meaning the day on which paragraph 4 of Schedule 5 to the Armed Forces
Act 2026 (which inserts this Part of this Schedule) comes into Force.
425 Paragraph 35 establishes the criteria required to fall within this paragraph for the purposes
of paragraph 34(1). A person who becomes a member of a Reserve Force on or after the
appointed day, on transfer to the Reserve from the regular services, falls within
paragraph 35 if:
a. they joined the regular services before the appointed day and did not re -enlist, re-
engage or extend their service, or become an officer, in the regular services on or after
that day;
b. they have remained a member of the Reserve Force concerned without interruption
since being transferred from the regular services; and,
c. they have not extended their service in, or become an officer of, that Force since being
so transferred.
426 Paragraph 36 establishes the criteria required to fall within this paragraph for the purposes
of paragraph 34(1). A person who was a member of a Volunteer Reserve Force immediately
before the appointed day falls within paragraph 36 if:
a. they have remained a member of that Force without interruption since that time;
and,
b. they have not extended their service in, or become an officer of, that Force since that
time.
427 Paragraph 37 establishes the criteria required to fall within this paragraph for the purposes
of paragraph 34(1). A person who was a member of an Ex-Regular Reserve Force
immediately before the appointed day falls within paragraph 37 if:
a. they have remained a member of that Force without interruption since that time;
and,
b. they have not extended their service in, or become an officer of, that Force since that
time.
428 Paragraph 38 sets out how an election can be made for individuals who fall within
paragraphs 35 or 36 to become a member of the third transitional class (i.e. to opt-out of
the changes to RFA 1996 made by clause 31):
a. Subparagraph (1) provides that a person may make an election (opt-out) under this
paragraph if they fall within either paragraph 35 or 36 on the day the election is
made.

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429 Subparagraph (2) provides that a person who is a member of the regular services may make
an election (opt-out) under this paragraph if:
a. they joined the regular services before the appointed day; and,
b. they have not re-enlisted, re-engaged or extended their service, or become an officer,
during the period beginning with the appointed day and ending with the day on
which the election is made.
430 Subparagraph (3) states that an election must be made within such period as may be
prescribed and in the prescribed manner. “Prescribed” has the meaning in section 127 RFA
1996: prescribed by orders or regulations under section 4.
431 Subparagraph (4) states that an election is revocable.
432 Paragraph 39 sets out how an election can be made for individuals who fall within
paragraph 37 to no longer be a member of the third transitional class (i.e. to opt -into the
changes to RFA 1996 made by clause 32):
a. Subparagraph (1) provides that a person who is a member of an Ex -Regular Reserve
Force may make an election (opt-in) under this paragraph if they fall within
paragraph 37 on the day the election is made.
b. Subparagraphs (2) provides that an election under this paragraph must be made
within the prescribed manner. Prescribed has the meaning in section 127 RFA
1996: prescribed by orders or regulations under section 4.
c. Subparagraph (3) provides that a person who makes such an election is no longer a
member of the third transitional class.
d. Subparagraph (4) states that such an election is irrevocable.
433 Part 6 makes provision for how the amendments introduced by clause 3 1 are to apply to the
third transitional class.
434 Paragraph 38 establishes that RFA 1996 is to apply in relation to the call out of members of
the third transitional class in accordance with new Part 6 of Schedule 9.
435 Paragraphs 39 and 40 provide that section 53 (maximum duration of service on call out
under section 52) and section 55 (maximum duration of service on call out under section
54) RFA 1996 apply differently in relation to members of the third transitional class. These
sections will apply as if the changes made under clause 31 in relation to disapplication of
aggregate service were not made to RFA 1996.
New Parts 7 and 8 of Schedule 9 RFA 1996 – the fourth transitional class
436 Part 7 establishes who the members of the fourth transitional class are and what
is required to become and/or remain a member of that class, and Part 8 explains how RFA
1996 applies to those individuals in relation to recall.
437 Paragraph 41(1) states that the fourth transitional class is to consist of people who have a
recall liability under Part 7 of RFA 1996 (including the changes made by clause 32) and for
the time being:

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a. fall within paragraphs 42 or43 and have made an election under paragraph 47 (which
has not been revoked) (this is the opt-out provision); or,
b. fall within paragraphs 44, 45 or 46 and have not made an election under paragraph
48 (this is the opt-in provision).
438 Paragraph 41(2) defines “the appointed day” for the purposes of Part 7 of the Schedule
as meaning the day on which paragraph 4 of Schedule 5 to the Armed Forces Act 2026
(which inserts this Part of this Schedule) comes into Force.
439 Paragraph 42 establishes the criteria required to fall within this paragraph for the purposes
of paragraph 41(1)(b)(i). A person who, immediately before the appointed day, was serving
in the regular services falls within this paragraph if they have not since that time:
a. re-enlisted, re-engaged or extended their service, or become an officer, in the regular
services; or,
b. after transferring to a Reserve Force, extended their service, or became an officer, in
that Force or joined another Reserve Force.
440 Paragraph 43 establishes the criteria required to fall within this paragraph for the purposes
of paragraph 41(1)(b)(i). A person who, immediately before the appointed day, was a
member of a Volunteer Reserve Force falls within this paragraph if they have not since that
time:
a. extended their service, or become an officer, in that Force or joined another Reserve
Force; or,
b. joined the regular services or re-enlisted, re-engaged or become an officer, in those
services.
441 Paragraph 44 establishes the criteria required to fall within this paragraph for the purposes
of paragraph 41(1)(b)(ii). A person who, immediately before the appointed day, was a
member of an Ex-Regular Reserve Force falls within this paragraph if they have not since
that time:
a. extended their service, or become an officer, in that Force, or joined another Reserve
Force; or,
b. joined the regular services or re-enlisted, re-engaged or become an officer, in those
services.
442 Paragraph 45 establishes the criteria required to fall within this paragraph for the purposes
of paragraph 41(1)(b)(ii). A person who had recall liability under section 66 (as it then had
effect) immediately before the appointed day falls within paragraph 45 if they have not
since that time:
a. joined the regular services or re-enlisted, re-engaged or become an officer, in those
services; or,
b. joined, re-enlisted, re-engaged or become an officer, in a Reserve Force.
443 Paragraph 46 establishes the criteria required to fall within this paragraph for the purposes

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of paragraph 41(1)(b)(ii). A person who, immediately before the appointed day, did not
have recall liability under section 66 (as it then had effect), but who would otherwise as a
result of the changes made by clause 32 falls within this paragraph, provided they have not
since that time:
a. joined the regular services or re-enlisted, re-engaged or become an officer, in those
services; or,
b. joined, re-enlisted, re-engaged or become an officer, in a Reserve Force.
444 Paragraph 47 sets out how an election can be made to become a member of
the fourth transitional class (i.e. to opt-out of the changes to RFA 1996 made by clause
33) by a person who falls within paragraph 42 or 43:
445 Subparagraph (1) provides that a person may make an election (opt-out) under this
paragraph if they fall within paragraph 42 or 43 on the day the election is made.
446 Subparagraph (2) states that an election must be made within such period as may be
prescribed and in the prescribed manner. “Prescribed” has the meaning as in (section 77
RFA 1996): prescribed in regulations made by the Defence Council.
447 Subparagraph (3) states that an election is revocable.
448 Paragraph 48 sets out how an election can be made to leave the fourth transitional class (i.e.
to opt-into the changes to RFA 1996 made by clause 32) by a person who falls within
paragraphs 44, 45 or 46:
a. Subparagraph (1) provides that a person may make an election (opt-in) under this
paragraph if they fall within paragraph 44, 45 or 46 on the day the election is made.
449 Subparagraph (2) states that an election must be made within the prescribed manner.
Prescribed has the meaning as in section 77 RFA 1996: prescribed in regulations made by
the Defence Council.
a. Subparagraph (3) states that a person who has made an election under this paragraph
is no longer a member of the fourth transitional class.
b. Subparagraph (4) states that an election is irrevocable.
450 Part 8 makes provision for how the amendments introduced by clause 32 are to apply to
the fourth transitional class.
451 Paragraph 48 establishes that Part 7 of RFA 1996 (recall for service of officers and
former servicemen and Reserves) is to apply in relation to the recall of members of
the fourth transitional class in accordance with new Part 7 of Schedule 9.
452 Paragraphs 49 to 51 provide that sections 65 (liability of officers and former servicemen
and Reserves to be recalled), 66 (persons who may be recalled under Part 7) and
69 (maximum duration of service on call out under section 68) RFA 1996 apply to members
of the fourth transitional class as if the changes under clause 33 were not made to RFA
1996.
453 Paragraph 52 provides that new sections 69A and 69B RFA 1996 (recall for warlike

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operations and maximum duration of such recall) do not apply in relation to the recall of
members of the fourth transitional class.
Clause 36: Punishment etc of offences of desertion or absence without leave
454 Clause 36 amends section 98 of RFA 1996 to close a loophole. Currently, failure to attend for
service on call out or recall can constitute an offence under section 96 RFA 1996. Section 98
RFA 1996 then sets out the punishment attached to these offences. However, section 98 RFA
1996 only includes a punishment for members of a reserve force and consequently is only
applicable to offences related to failure to attend for call out, and not failure to attend for
recall. This is because individuals liable to recall are not members of a reserve force under
the legislation (see section 1 RFA 1996) and are only regarded as members of the regular or
reserve forces following acceptance into service (see section 368 AFA 2006).
455 This could therefore give rise to a situation where a person who failed to attend for service
following receipt of a recall notice could be convicted of an offence but could not be
awarded a punishment under section 98 RFA 1996.
456 The amendment changes the wording of section 98 RFA 1996 from “member of a reserve
force” to “person” to ensure that the punishments under this section are also applicable to
individuals who have committed an offence under section 96 RFA 1996 for failure to
respond to a recall notice.
Clause 37: Reserve Forces and Cadets Association
457 Subsection (1) inserts a new section 111A into RFA 1996, which establishes the Reserve
Forces and Cadets Association (RFCA) as a body corporate and provides that it has
functions conferred on it by or under RFA 1996 or other enactments.
458 Subsection (2) abolishes the Associations established under section 110 RFA 1996 and the
joint committee they appointed under section 116 RFA 1996 (“the abolished bodies”).
459 Subsection (3) introduces Schedule 6.
a. Part 1 inserts a new Schedule 4A (constitution and governance of the RFCA).
b. Part 2 provides for transfer schemes for staff, property, rights and liabilities.
c. Part 3 makes consequential amendments and repeals.
Schedule 6: Reserve Forces and Cadets Association
460 Paragraph 1 confirms the RFCA’s status as a Crown body.
461 Paragraphs 2 to 5 sets out the composition of the Board:
a. An independent Chair appointed by the Defence Council;
b. 2 to 5 additional non-executive members appointed by the Defence Council;
c. A Chief Executive and 1 to 3 further executive members, appointed by the non-
executive members with the consent of the Defence Council.
d. Non-executive members must be appointed for a fixed term of not less than 3 years

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and not more than 5 years, and may not be appointed (or remain) as a non -executive
member if they are, or become, a member of the RFCA’s staff. A non-executive
member holds and vacates office in accordance with the terms of their appointment,
may resign by written notice to the Defence Council, and may be removed or
suspended by the Defence Council where appropriate. A person may not be
appointed as a non-executive member more than three times. The RFA may, with
Defence Council approval, pay remuneration and allowances to non-executive
members and may pay or provide for pensions, allowances and gratuities to or in
respect of former or current non-executive members.
e. Executive members must be RFCA employees.
462 Paragraphs 6 to 9 covers matters relating to the RFCA’s staff.
463 Paragraphs 10 to 13 gives the RFCA the power to set up committees and sub-committees
and the power to delegate functions. The RFCA can establish committees and sub-
committees (that may have external members) and can delegate functions to them. The
RFCA can also delegate functions to members of the RFCA or staff of the RFCA.
464 Paragraph 14 requires the RFCA to establish committees known as regional councils for
each area of the UK specified in regulations made by the Defence Council under
subparagraph (2). These areas combined must cover the whole of the UK (and for the
purposes of the regulations, the UK includes the Channel Islands and the Isle of Man). This
is a key structural element of the new body, and the regional councils will ensure that the
RFCA remains connected to regional volunteer, reserve and cadet communities and
continues the local engagement role previously performed by the 13 associations.
Subparagraph (4) gives the Defence Council the power to make provision in relation to the
regional councils covering matters such as membership of the councils and the exerci se of
functions.
465 Paragraphs 15 to 19 cover proceedings, financial arrangements, powers, accounts, audit and
the RFCA seal. The RFCA must keep proper accounts, prepare annual statements, provide
them to the Comptroller and Auditor General (“C&AG”). The C&AG must examine, certify
and report on each statement, and the Defence Council must lay each certified statement
before Parliament.
466 Paragraph 20 provides transitional arrangements for the appointment of the first Chief
Executive.
Schedule 6: Part 2 Transfer of staff and property of abolished bodies
467 Part 2 provides powers for staff and property transfer schemes, including the ability to:
a. Transfer rights or liabilities that could not otherwise be transferred;
b. Include TUPE-style protections for staff;
c. Ensure continuity of ongoing legal proceedings and documents.
Schedule 6: Part 3 Consequential amendments and repeals

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468 Part 3: Removes redundant provisions relating to area associations and the power to create
joint committees by updating RFA 1996 and other enactments to reflect the establishment of
the RFCA and the Volunteer Cadet Corps as an MoD sponsored cadet force. Key changes
include the amendment of various Acts to remove references to the Associations and insert
references to the RFCA as a public authority or Crown body, including the Public Records
Act 1958, Parliamentary Commissioner Act 1967, Freedom of Information Act 2010 and
Equality Act 2010.
Clauses 38: Parliamentary control of air forces numbers
469 Clauses 38 and 39 omit sections of RFA 1996 and amends Section 1 of the Air Force
(Constitution) Act 1917, to remove the statutory requirements (where they exist) to request
maximum numbers of Regulars and Reserves in each of the Armed Forces as well as the
requirement to report the maximum numbers that can be employed on Full Time Reserve
Service, Additional Duties Commitment and membership of the High Readiness Reserve
and Sponsored Reserve.
470 Clause 38 specifically amends section 1 (raising and numbers or Air Force) of the Air Force
(Constitution) Act by removing the requirement ‘from time to time’ to provide numbers on
the persons in the RAF to Parliament. The title will be changed to ‘raising air forces.’
Clause 39: Parliamentary control of reserve force numbers and commitments
471 Clause 39 omits section 3 of RFA 1996 (Control of numbers in the reserve forces), section 26
(Parliamentary control of Commitments), section 50(6) (persons called out not to be
reckoned in regular service numbers) and section 65(5) (persons recalled not to be reckoned
in regular service numbers).
472 Clause 39 also omits subsections (1) and (2) of section 36 (Parliamentary control and reports:
special agreements) and amends the title of the section to ‘Reports: special agreements), as
well as subsections (1) and (2) of section 47 (Parliamentary control and reports: special
members of a reserve force) and amends the title of the section to ‘Reports: special members
of a reserve force).
Clause 40: Prohibition on sentences of death
473 Clause 40 amends section 2(4) of the VFA 1952 to make clear that a visiting force service
court cannot pass a capital punishment sentence in proceedings conducted in the UK. This
amendment will remove the possibility, implicit in VFA 1952, that a visiting force could ask
for an alleged offender (who is a member of their visiting force) to be transferred into its
custody and conduct service court proceedings in the UK that could lead to the death
penalty being issued. There is no basis in the North Atlantic Treaty Organization Status of
Forces Agreement 1951 (“NATO SOFA 1951”) to refuse such a request, but should such
circumstances ever arise, doing so could potentially be in breach of the UK’s obligations
under the European Convention on Human Rights.
Clause 41: Evidence of act being carried out in course of duty
474 Clause 41 amends section 11(4) of VFA 1952 and inserts sub-sections 11(5) to (8) to enable,
in line with the United Kingdom’s obligations under the NATO SOFA 1951, State parties to

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negotiate over primacy of jurisdiction, in cases involving concurrent jurisdiction, in the
event of a dispute between the UK and the visiting force.
475 The amendment to section 11(4) will remove the ability for a court to determine the
question of fact of whether a member of a visiting force or a member of a civilian
component of such a force was on duty at the time of an alleged offence. The insertion of
sections 11(5) to 11(8) provides for a new legislative mechanism on how disputes relating to
whether a member of a visiting force or a member of a civilian component of such a force
was on or off duty and how a visiting force certificate is dealt with. The new mechanism
will empower the Secretary of State to decide as a question of fact, based on the facts of each
case, whether the visiting force member or member of a civilian component of a force was
or was not on duty at the time of the alleged offence. In doing so, the Secretary of State will,
in line with the NATO SOFA 1951, determine this narrow issue only, following
representations from both the visiting force and the relevant UK pr osecution authority. The
Secretary of State will issue a certificate outlining that determination.
476 Clause 41 also amends paragraph 8(1) and inserts subparagraphs 8(2), (3), (4), and (5) of the
Schedule to IHDOA 1964 to align the provisions as amended under VFA 1952 to replicate
the new mechanism.
Clause 42: Governance and administration of Ministry of Defence Police
477 This clause amends the Ministry of Defence Police Act 1987.
478 Subsection (2) amends section 3A (regulations relating to disciplinary matters) to widen the
power to make regulations for the MDP to cover matters of governance and administration.
It also allows regulations to be made to suspend an individual from their office of constable.
479 Subsection (3) amends section 4(1)(a), as a consequence of the amendment to section 3A, so
that where disciplinary proceedings are set out in regulations made under sections 3A(1A)
or (1B) that regulations must make provision enabling the officer concerned to be
represented in those proceedings.
480 Subsection (4) amends section 4A (appeals against dismissal) to remove the reference to
Schedule 3 to the Police and Fire Reform (Scotland) Act 2012.
Clause 43: Cross-border enforcement powers of Ministry of Defence Police
481 This clause amends Part 10 of the Criminal Justice and Public Order Act 1994 to add MDP
constables so they can exercise the cross-border power contained in that Part.
Clause 44: Property in possession of the Ministry of Defence Police
482 This clause amends section 2 of the Police (Property) Act 1987 (regulations with respect to
unclaimed property in possession of police) so that regulations made under that section can
allow unclaimed property in the possession of the MDP to be retained for use for police
purposes.

Clause 45Detention etc of persons overseas in cases of mental disorder

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483 This clause introduces Schedule 7, which amends Schedule 12 to AFA 2006. It makes
provision for the temporary detention for assessment and treatment of individuals suffering
from mental disorder where certain conditions are met. Principally, it will enable detention
of such persons in suitable places other than overseas service hospitals, where detention in
such a hospital is impracticable. The provisions will apply only to persons subject to service
law, or civilians subject to service discipline, who are outside the British Islands.
Schedule 7: Detention etc of persons overseas in cases of mental disorder
484 Currently paragraph 2 of Schedule 12 to AFA 2006 allows a commanding officer to make an
order for a person’s detention provided that:
a. All of the relevant conditions in paragraph 1 of that Schedule are met; and ,

b. Either two registered medical practitioners recommend that such an order be made
or, in urgent cases, one registered medical practitioner recommends that such an
order be made.

485 Paragraph 4(2)(c) inserts further provision for urgent cases so that, in circumstances where
it is impracticable for the recommendation of a registered medical practitioner to be sought,
an order for the person’s detention may be made upon recommendation b y a registered
nurse. Such an order may have effect for up to 5 days, which is consistent with orders made
upon the recommendation of one registered medical practitioner pursuant to paragraph
2(2)(b). Orders made upon the recommendation of two registered medical practitioners
may have effect for up to 28 days.

486 Paragraph 4(3) inserts new subparagraph (aa) into paragraph 2(3) of Schedule 12, which
enables a commanding officer to detain a person in a place specified in the order for the
purpose of facilitating assessment or treatment where admission to an overseas service
hospital is impracticable.
487 Paragraph 5 inserts new subparagraph 2A into Schedule 12, which makes further provision
about orders made under paragraph 2(3)(aa). In particular, new paragraph 2A(1) provides
that a place may only be specified for a person’s detention in an order under pa ragraph
2(3)(aa) if it appears to the commanding officer that, having regard to the health, safety and
dignity of the person and other persons, the place is suitable for the person’s detention.
488 Pursuant to new paragraph 2A(2), as soon as practicable after making an order under
paragraph 2(3)(aa), and in any event while the order is still in force, the commanding officer
must either make an order under paragraph 2(3)(a) or (b) in relation to the p erson, or make
arrangements for the person to be removed to the UK for further assessment or treatment.
Where it is impracticable to comply with this requirement, the commanding officer may
make one further order under paragraph 2(3)(aa) without obtaining further
recommendation of a registered medical practitioner or nurse. Where such an order is
made, the commanding officer must as soon as practicable (and in any event while the
order is still in force) make an order under paragraph 2(3)(a) or (b) in relat ion to the person,
or make arrangements for the person to be removed to the United Kingdom for further
assessment or treatment.
489 Paragraph 6(3)(a) provides that, while in force, an order made under new paragraph

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2(3)(aa) is sufficient authority for the person to be taken and conveyed to the place specified
in the order.
490 Paragraph 7(3) provides that, where a recommendation is made by a registered nurse under
new paragraph 2(2)(c), the recommendation must include a statement that the person needs
to be detained in (or admitted to and detained in) a hospital, or detained in another suitabl e
place, urgently, and the urgency makes it impracticable for the recommendation of a
registered medical practitioner to be sought before making an order under paragraph 2(3)
in relation to the person.
491 Paragraph 10 makes amendments to paragraph 8 of Schedule 12. These amendments will
empower the service police, in urgent cases, to enter service living accommodation and
remove a person that is suffering from a mental disorder to a suitable place where it is
impracticable to remove them to an overseas service hospital. In determining the suitability
of such a place, the service police must have regard to the health, safety and dignity of the
person and must consult the patient’s commanding officer and a reg istered medical
practitioner or nurse, so far as it is practicable to do so. Where a patient is so removed, they
may be detained in the suitable place by their commanding officer. If their commanding
officer is absent or otherwise unavailable, they may be detained by an officer under the
command of the patient’s commanding officer that is of or above the rank of naval
lieutenant, military or marine captain or flight lieutenant.
492 Paragraph 12 amends paragraph 9 of Schedule 12 to enable the service police to remove a
person in a relevant place outside the British Islands to a suitable place where the need to
do so is urgent and it is impracticable to detain the patient in an overseas service hospital.
In determining the suitability of such a place, the service police must have regard to the
health, safety and dignity of the person and must consult the patient’s commanding officer
and a registered medical practitioner or nurse, so far as it is practicable to do so. Where a
patient is so removed, they may be detained in the suitable place by their commanding
officer. If their commanding officer is absent or otherwise unavailable, they may be
detained by an officer under the command of the patient’s commanding officer that is of or
above the rank of naval lieutenant, military or marine captain or flight lieutenant. A
“relevant place” refers in this context to a place to which the public have access, or any
premises permanently or temporarily occupied or controlled for the purposes of any of His
Majesty's forces, other than service living accommodation.
Clause 46: Defence functions of the Oil and Pipelines Agency
493 Clause 46 inserts into the Oil and Pipelines Act 1985 (“the 1985 Act”) new section 2A which
makes provision to expand the defence functions of the Oil and Pipelines Agency (“ OPA”).
494 Subsection (1) of new section 2A provides that, in addition to its existing functions under
section 2 of the 1985 Act, the OPA may carry out any other activity in connection with the
production, conveyance, storage or supply of energy for defence purposes, or enter into an
agreement with any other person for the carrying out of such an activity for such purposes.
The effect of this provision is to widen the scope of the OPA’s functions to include activities
in connection with all forms of energy, including fuel or other substances used to produce
energy, where that activity is carried out wholly or mainly for the purposes of, or otherwise

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for the benefit of, the MoD.
495 Subsection (2) of new section 2A defines relevant terms.
Clause 47: Protection of military remains
496 Clause 47 amends section 1 (Application of the Act) of the Protection of Military Remains
Act 1986 to automatically protect all British Military vessels under section 1(b). The
amendment also seeks to automatically protect, in the case of the armed forces of a country
or territory outside the United Kingdom, while the vessel was in the service of or being
used by the armed forces of that country, the remains of the vessel where they are in United
Kingdom waters under section (1A). The overarching purpose of the amendments is to
protect vessels that have been sunk or stranded and prevent interference or disturbance to
the last resting places of military service personnel as ‘Protected Places’ regardless of the
age of the shipwreck. The effect of the amendments would be that the current age limits
under section 1(3)(a) and (b); section 1(4)(a); and section 1(8) for both ‘Controlled Sites’ and
‘Protected Places’ will be removed meaning automatic protection will apply for vessels as
‘Protected Places’ without the need for a designation order – as is the case now. For a vessel
to be designated as a ‘Controlled Site’ a designation order will still be required. This will
align the approach to protecting vessels with the protection for aircraft and will offer a
consistent approach to safeguarding the remains of service personnel.
Clause 48: Police and Criminal Evidence (Northern Ireland) Order 1989: updating
497 Clause 48 aligns more closely the Police and Criminal Evidence (Northern Ireland) Order
1989 (“PACE NI”) with the Police and Criminal Evidence Act 1984 (“PACE E&W”) in
matters relating to the armed forces, and makes some minor amendments to Schedule 2
(preserved powers of arrest) PACE NI.
498 The AFA 2006 made amendments to PACE E&W, but these changes are not mirrored in
PACE NI. Consequently, PACE NI makes outdated reference to the repealed single service
acts and the Reserve Forces Act 1980, and does not reflect organisational and name change s
to some service police forces since the inception of PACE NI. For instance, historically the
Royal Marines had their own police force, the “Royal Marines Police”, but in 2009 they were
incorporated into the operational command of the Royal Navy Police, w hilst the “Royal
Navy Regulating Branch” are now called the “Royal Navy Police”.
499 Clause 48 makes the following minor and consequential amendments to PACE NI:
a. Subsection (2)(a) and (b) amends Article 63A(1B) (fingerprints and samples:
supplementary provisions) of PACE NI. Section 42(2)(a) substitutes “the Royal Navy
Regulating Branch” in Article 63A(1B)(g) with “the Royal Navy Police”. This aligns
with sub-subsection 63A(1B)(h) (Fingerprints and samples: supplementary provisions)
PACE E&W.

b. Subsection (2)(b) omits subsubsection 63A(1B)(j) PACE NI, and reference to “the Royal
Marines Police”. This aligns with subsection 63A(1B) (Fingerprints and samples:
supplementary provisions) PACE E&W and the omission of “Royal Marines Police” by
schedule 16 paragraph 100(b) AFA 2006.

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c. Subsection (3) amends Schedule 2 (preserved powers of arrest) of PACE NI. It omits
entries relating to the single service Acts – the Army Act 1955, the Air Force Act 1955,
the Naval Discipline Act 1957, along with the Reserve Forces Act 1980, as these Acts
have been repealed and replaced by AFA 2006 and RFA 1996 respectively.
Clause 49: Coroners and Justice Act 2009: correcting amendment
500 This clause amends paragraph 5(2)(a) of Part 2 (allowances payable to witnesses) of
Schedule 7 to the Coroners and Justice Act 2009 to make it clear that “police force” means
“Service police force”.
Clause 50: Interpretation
501 This clause defines terms used in the Bill.
Clause 51: Financial Provision
502 This clause enables any expenditure arising the under the Bill, whether directly or under
other legislation, to be paid out of money provided by Parliament.
Clause 52: Extent in the United Kingdom
503 This Bill will extend to the whole of the United Kingdom subject to the following applying
to England and Wales only:
a. Clause 3 and Schedule 1 (Defence housing and other property), so far as it inserts
Chapter 2 of Part 16C (including Part 4 of Schedule 11A to AFA 2006).
b. Clause 5 and Schedule 2 (Sexual harm prevention orders and sexual risk orders).
c. Clause 9 (Assessment etc of risks posed by certain offenders).
d. Clause 28(2) (Rehabilitation Periods).
e. Clause 49 (Coroners and Justice Act 2009: correcting Amendments).
f. Parts 6 and 7 of Schedule 3 (Protection from domestic abuse and stalking) (and clause
6 as far as it relates to those Parts of that Schedule).
504 Clause 28(3) and (4) (Rehabilitation Periods) will extend to Scotland only.
505 Clause 48 (Police and Criminal Evidence (Northern Ireland) Order 1989:
updating) will extend and apply to Northern Ireland only.
506 Amendments or repeals made by this Bill have the same extent in the UK as the provisions
to which they have amended or repealed.
Clause 53: Extent in the Channel Islands, Isle of Man and British Overseas territories
507 The changes that this Bill makes to AFA 2006 may be extended to the Channel Islands by
Order in Council under section 384(1) of AFA 2006. If such an Order is made, it can modify
those changes (so that the law of the Channel Islands is not the same as that of the United
Kingdom).

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508 The following provisions will extend to the Isle of Man and the British Overseas Territories
except Gibraltar:
a. Clauses 1, 8, 10, 12 to 27, 34(12) and 45;
b. Clause 3 and Schedule 1 (defence housing and other property), except so far as they
insert Chapter 2 of Part 16C of, and Part 4 of Schedule 11A to, AFA 2006;
c. Clauses 50 (interpretation), 51 (financial provision), 53 (extent in Channel Islands, Isle
of Man and British Overseas Territories) 54 (commencement and transitional
provision) and 55 (short title);
d. Parts 1 to 5 and 8 of Schedule 3 and clause 6, so far as it relates to those Parts of that
Schedule (protection from domestic abuse and stalking);
e. Schedule 7 (detention etc of persons overseas in cases of mental disorder).
509 His Majesty may by Order in Council provide for section 30 (Commissioner’s functions in
relation to the Royal Fleet Auxiliary) and Schedule 4 (Armed Forces Commissioner:
functions relating to Royal Fleet Auxiliary) to extend, with or without modifications, to the
Isle of Man or any British Overseas Territories, except Gibraltar.
510 An Order in Council may be made under section 384(2) of AFA 2006 to modify any
provision of that Act, as amended by this Bill, in its application to the Isle of Man or any
British Overseas Territories, except Gibraltar.
511 The changes that this Bill makes to RFA 1996 may be extended by Order in Council to the
Channel Islands or the Isle of Man. If such an Order is made under section 132(3) of RFA
1996, it can modify those changes (so that the law of the Channel Islands and the Isle of
Man is not the same as that of the United Kingdom).
512 The changes that this Bill makes to VFA 1952 may be extended by Order in Council to the
Channel Islands or the Isle of Man. If such an Order is made under section 15(1) of VFA
1952, it can modify those changes (so that the law of the Channel Islands and the Isle of
Man is not the same as that of the United Kingdom).
513 The changes that this Bill makes to IHDOA 1964 may be extended by Order in Council to
the Channel Islands or the Isle of Man. If such an Order is made under section 2(1) of
IHDOA 1964, it can modify those changes (so that the law of the Channel Islands and the
Isle of Man is not the same as that of the United Kingdom).
Clause 54: Commencement and transitional provision
514 This clause sets out when different parts of the Bill will come into force, and that the
Secretary of State may make transitory, transitional or savings provisions by regulations .

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Commencement
515 Clauses 1, 42(1) and (4), 43, 44, and 50 to 55 will come into force on Royal Assent. Clauses
18, 19, 31, 38, 39, 42(2) and (3), and 47 will come into force two months after Royal Assent.
The remaining provisions of the Act will come into force on such a day (or days) to be
appointed by the Secretary of State in regulations.
Financial implications of the Bill
516 The Bill will have an impact on public expenditure, with these costs met by means of
annual votes in the Defence budget. The identified provisions that have an impact on the
public purse are as follows:
a. Clause 2 (Armed Forces Covenant) – It is estimated that the implementation of the
duty for Government departments could lead to initial training and familiarisation
costs ranging from £307,000 to £1.5 million.
b. Clause 3 (Defence housing service) –The Defence Secretary and the Prime Minister
have announced funding a “total investment of £9 billion over the next decade” to
deliver the Defence Housing Strategy via the new Defence Housing Service.
c. Clause 4 (Interference with uncrewed devices) – This provision provides powers for
Defence personnel to authorise the use of approved equipment to detect and prevent
certain offences being committed with uncrewed devices (aka drones) at Defence
sites. Any future additional costs will depend on future policy and threat levels of
drones being used in relation to Defence sites, and these shall be met by means of
annual votes in the Defence budget.
d. Clause 30 (Commissioner’s functions in relation to Royal Fleet Auxiliary) – While this
provision will extend the remit of the Armed Forces Commissioner to cover the Royal
Fleet Auxiliary, costs are not expected to impose more than a minimal continuing
demand on the annual running costs of the Commissioner.
e. Clause 31 (Transfers between regular and reserve forces), clause 32 (Call out for
permanent service) and clause 33 (Recall for service). Any future additional costs will
be dependent on future requirements of defence.
f. Clause 37 (Reserves Forces and Cadets Association) – There will be some nominal
costs with the establishment of a new NDPB, associated with the recruitment of non -
executive directors, although they will not be full-time employees, and costs
associated with the TUPE (or similar) transfer of the staff to the NDPB.
g. Clause 46 (Defence functions of the Oil and Pipelines Agency) – The MoD require the
OPA to provide and store new sources of energy etc (beyond that of solely petroleum -
based types). This could lead to additional public expenditure.

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Parliamentary approval for financial costs or for
charges imposed
517 A money resolution is required for the Bill. A money resolution is required where a bill
authorises new charges on the public revenue - broadly speaking, new public expenditure.
The most significant new public expenditure will arise from clause 3 establishes the Defence
Housing Service in line with the Government’s 2025 Defence Housing Strategy.
518 New public expenditure is also likely to be incurred under clauses 2, 4, 30 to 33, 37, and 46
of the Bill:
• Clause 2 which puts the Armed Forces Covenant fully into law, so that its principles
are enshrined across a broad range of Government-delivered policies and services.
• Clause 4 will allow Service police to have the authority to use authorised equipment
to detect and prevent threats posed by drones.
• Clause 30 extends the remit of the Armed Forces Commissioner as concerns the Royal
Fleet Auxiliary.
• Clauses 31 to 33 will enable service persons to more easily transfer between regular
and reserve service whilst clauses 32 and 34 will allow Defence to respond to current
threats where there is a need to recall for warlike operations.
• Clause 37 deals with the restructuring of the CRFAC and the RFCAs into a NDPD.
• Clause 46 enables the OPA to store new sources of energy on behalf of Defence.
519 The Bill does not require a ways and means resolution. A ways and means resolution is
required where a bill authorises new charges on people – broadly speaking, new taxation or
other similar charges. Nothing in the Bill authorises such charges.
Compatibility with the European Convention on
Human Rights
520 The Secretary of State for Defence has made a statement under section 19(1)(a) of the
Human Rights Act 1998 that, in his view, the provisions of the Bill are compatible with the
Convention rights. The Government will publish a separate memorandum on the
compatibility of the Bill with the Convention rights.
Related documents
521 The following documents are relevant to the Bill and can be read at the stated locations:
● Armed Forces Act 2006 https://www.legislation.gov.uk/ukpga/2006/52
● Reserve Forces Act 1996 https://www.legislation.gov.uk/ukpga/1996/14/contents