The Armed Forces Act 2006 (Commencement No. 2) Order 2007

Publication Date:January 01, 2007

2007No. 2913 (C. 115)

DEFENCE

The Armed Forces Act 2006 (Commencement No. 2) Order 2007

8thOctober2007

The Secretary of State makes the following Order in exercise of the powers conferred on him by section 383(2) of the Armed Forces Act 2006 1

1.This order may be cited as the Armed Forces Act 2006 (Commencement No. 2) Order 2007.

2.The following provisions of the Armed Forces Act 2006 shall come into force on 15th October 2007-

section 358 so far as is necessary to bring into force paragraphs 33 to 36 of Schedule 14;

section 378(1) so far as is necessary to bring into force paragraphs 22 and 25 of Schedule 16; and

section 360.

3.The following provisions of the Armed Forces Act 2006 shall come into force on 1st January 2008-

section 272(2) so far as is necessary to bring into force paragraphs 9 and 36(a)(ii) and (iii) of Schedule 8;

sections 334 to 339, 366, 367 (so far as it relates to sections 334 to 338), 368 and 369;

section 374 so far as is necessary to bring into force the definitions of "officer" , "service police force", "service policeman", "subject to service law", "the regular forces" and "the reserve forces";

section 375(1) and (5);

section 378(1) so far as is necessary to bring into force 16, 20, 21, 23, 24, 26, 27, 29 to 38, 54 to 58, 71, 80, 82, 100 (so far as not already in force), 136, 150, 178 and 187 (so far as not already in force) of Schedule 16; and

section 378(2) so far as is necessary to bring into force Schedule 17 to the extent specified below:

in the Courts-Martial (Appeals) Act 1951 2, the repeal of section 28;

in the Army Act 1955 3, the repeal of section 180;

in the Air Force Act 1955 4, the repeal of section 180;

in the Naval Discipline Act 1957 5, the repeal of section 130;

in the Courts-Martial (Appeals) Act 1968 6, in sections 11(1) and 34(1)(a) the repeal of the words "the Judge Advocate of Her Majesty's Fleet or";

in the House of Commons Disqualification Act 1975 7, in Part 3 of Schedule 1 the repeal of the words "Judge Advocate of the Fleet";

in the Northern Ireland Assembly Disqualification Act 1975 8, in Part 3 of Schedule 1 the repeal of the words "Judge Advocate of the Fleet";

in the Judicial Pensions and Retirement Act 1993 9, in Part 2 of Schedule 1 and in Schedule 5 the repeal of the words "Judge Advocate of Her Majesty's Fleet";

in the Criminal Justice and Police Act 2001 10, the repeal of section 88(8)(j); and

in the Constitutional Reform Act 2005 11, in the table in Part 1 of Schedule 14 the repeal of the entry relating to the Judge Advocate of Her Majesty's Fleet.

4.-

(1) The repeal of section 180 of the Army Act 1955, of section 180 of the Air Force Act 1955 and of section 130 of the Naval Discipline Act 1957 shall not have effect in relation to a complaint that was made before 1st January 2008.

(2) Without prejudice to paragraph (1), the repeal of section 180(2) of the Army Act 1955, of section 180(2) of the Air Force Act 1955 and of section 130(2) of the Naval Discipline Act 1957 shall not have effect in relation to a matter of complaint that occurred before 1st January 2008, or which began before, and continues to occur after, that date.

(3) The repeals in the Judicial Pensions and Retirement Act 1993 do not affect the operation of any provision of or made under that Act, or anything done under such provision, in relation to the office of, or service of, the Judge Advocate of Her Majesty's Fleet.

Derek Twigg

Parliamentary Under Secretary of State Ministry of Defence

8th October 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st January 2008 the provisions of the Armed Forces Act 2006 ("the Act") specified in articles 2 and 3. Sections 334 to 339 provide for a complaints system for members or former...

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