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349 | Avoidance of assignment of or charge on pay and pensions etc |
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(1) | Each of the following shall be void— |
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(a) | every assignment (or, in Scotland, assignation) of any relevant pay or |
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(b) | every charge on any relevant pay or pension; |
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(c) | every agreement to assign or charge any relevant pay or pension. |
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(2) | In this section “relevant pay or pension” means any pay, pension, benefit, |
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bounty, grant or allowance payable to any person in respect of his or any other |
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person’s service in Her Majesty’s forces. |
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(3) | No order may be made by a court the effect of which would be— |
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(a) | to prevent any person from receiving any relevant pay or pension; and |
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(b) | to direct payment of it to another person. |
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(4) | Nothing in this section— |
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(a) | applies to the making or variation of attachment of earnings orders or |
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of earnings arrestments; or |
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(b) | prejudices any enactment or subordinate legislation providing for the |
| |
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(i) | a bankrupt’s trustee in bankruptcy, or |
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(ii) | a permanent trustee in a sequestration under the Bankruptcy |
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(Scotland) Act 1985 (c. 66), |
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| for distribution among creditors. |
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(a) | “enactment” includes any provision of an Act of the Scottish Parliament |
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or Northern Ireland legislation; |
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(b) | the reference to subordinate legislation includes an instrument made |
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under such an Act or under Northern Ireland legislation. |
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350 | Power of British overseas territory to apply Act, etc |
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Where any of Her Majesty’s forces is raised under the law of a British overseas |
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(a) | may make provision in relation to that force and its members so as to |
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have effect when they are outside that territory (as well as when they |
| |
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(b) | may apply in relation to the force and its members all or any of the |
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provisions of this Act, with or without modifications. |
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351 | Amendments relating to reserve forces |
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Schedule 12 (amendments relating to the reserve forces) has effect. |
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|
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Commanding Officer and Other Persons with Functions under Act |
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352 | Meaning of “commanding officer” |
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The officer who is the “commanding officer” of a person for the purposes of |
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any provision made by or under this Act shall be determined by or under |
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regulations made by the Defence Council. |
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353 | Meaning of “higher authority” |
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In this Act “higher authority”, in relation to a commanding officer, means any |
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officer in the commanding officer’s disciplinary chain of command who is |
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superior in that chain of command to the commanding officer. |
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354 | Court administration officer |
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(1) | There shall be a court administration officer for the Court Martial, the Service |
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Civilian Court and the Summary Appeal Court. |
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(2) | The court administration officer is to be appointed by the Defence Council. |
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Service Prosecuting Authority |
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355 | Director of Service Prosecutions |
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(1) | Her Majesty may appoint a person as the Director of Service Prosecutions. |
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(2) | A person may be appointed as the Director of Service Prosecutions only if he— |
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(a) | has a ten year general qualification within the meaning of section 71 of |
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the Courts and Legal Services Act 1990 (c. 41); |
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(b) | is an advocate or solicitor in Scotland of at least ten years’ standing; |
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(c) | is a member of the Bar of Northern Ireland, or a solicitor of the Supreme |
| |
Court of Northern Ireland, of at least ten years’ standing; or |
| |
(d) | has in a relevant territory rights and duties similar to those of a barrister |
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or solicitor in England and Wales, has had those rights and duties for at |
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least ten years, and is subject to punishment or disability for breach of |
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(3) | The Director of Service Prosecutions shall hold and vacate office in accordance |
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with the terms of his appointment. |
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(4) | In this section “relevant territory” means— |
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(a) | any of the Channel Islands; |
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|
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(c) | a Commonwealth country; or |
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(d) | a British overseas territory. |
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(1) | The Director of Service Prosecutions (“the Director”) may appoint officers to be |
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(2) | An officer may be appointed as a prosecuting officer only if he— |
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(a) | has a general qualification within the meaning of section 71 of the |
| |
Courts and Legal Services Act 1990 (c. 41); |
| |
(b) | is an advocate or solicitor in Scotland; |
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(c) | is a member of the Bar of Northern Ireland or a solicitor of the Supreme |
| |
Court of Northern Ireland; or |
| |
(d) | has in a relevant territory rights and duties similar to those of a barrister |
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or solicitor in England and Wales, and is subject to punishment or |
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disability for breach of professional rules. |
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(3) | A prosecuting officer shall hold and vacate office in accordance with the terms |
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(4) | A prosecuting officer may, unless the Director otherwise directs, exercise any |
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function of the Director. |
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(5) | In this section “relevant territory” has the same meaning as in section 355. |
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Persons subject to service law |
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357 | Persons subject to service law: regular and reserve forces |
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(1) | Every member of the regular forces is subject to service law at all times. |
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(2) | Every member of the reserve forces is subject to service law while— |
| |
(a) | in permanent service on call-out under any provision of the Reserve |
| |
Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) or under any |
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other call-out obligation of an officer; |
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(b) | in home defence service on call-out under section 22 of the Reserve |
| |
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(c) | in full-time service under a commitment entered into under section 24 |
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of the Reserve Forces Act 1996; |
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(d) | undertaking any training or duty (whether or not in pursuance of an |
| |
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(e) | serving on the permanent staff of a reserve force. |
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|
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358 | References to members of the regular forces |
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(1) | Subsections (2) and (3) apply for the purposes of this Act. |
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(2) | A person recalled to service under— |
| |
(a) | any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces |
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(b) | any other recall obligation of an officer, |
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is to be regarded as being a member of the regular forces from acceptance into |
| |
service to release or discharge. |
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(3) | Subject to subsection (2), an officer who is not on the active list is not to be |
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regarded as being a member of the regular forces. |
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(4) | For the purposes of subsection (3), an officer is on the active list if (and only if) |
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any of the following provides that an officer of his description is on such a |
| |
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(c) | an order under section 2 of the Air Force (Constitution) Act 1917 (c. 51). |
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359 | Members of British overseas territories’ forces serving with UK forces |
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(1) | While a member of a British overseas territory force is undertaking any duty |
| |
with or training with a regular or reserve force (“the relevant force”)— |
| |
(a) | subsection (2) applies to him; and |
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(b) | nothing in section 350 (power of British overseas territory to apply this |
| |
Act, etc) applies in relation to him. |
| |
(2) | A person to whom this subsection applies— |
| |
(a) | is subject to service law; and |
| |
(b) | shall (subject to subsection (3)) be treated as if he were a member of the |
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relevant force of relative rank or rate. |
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(3) | The Secretary of State may by order modify any provision of this Act in its |
| |
application to a member of a British overseas territory force who is or has been |
| |
| |
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“British overseas territory force” means any of Her Majesty’s forces that is |
| |
raised under the law of a British overseas territory; |
| |
“relative rank or rate”, in relation to a person to whom subsection (2) |
| |
applies, means such rank or rate of the relevant force as may be |
| |
prescribed by Queen’s Regulations for a person of his description. |
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Civilians subject to service discipline |
| |
360 | Civilians subject to service discipline |
| |
(1) | In this Act “civilian subject to service discipline” means a person who— |
| |
(a) | is not subject to service law; and |
| |
(b) | is within any paragraph of Part 1 of Schedule 13. |
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(2) | Part 2 of Schedule 13 (exclusion and definitions relating to Part 1) has effect. |
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