1. The table below sets out the Ministry of Defence
draft programme to implement the Armed Forces Act 2006, as at
8 February 2008. The table presents a snapshot of the current
position and may be expected to change, perhaps significantly,
with the passage of time. Statutory instruments subject to
affirmative resolution are shown in bold.
| Bin | Description
| Remarks |
| 1 | Courts-Martial rules: RN
| Implementation: 1 January 2008
All three statutory instruments are negative. Commencement order not subject to Parliamentary procedures. Aim to submit to Ministers mid November and secure approval before end of month, to allow sufficient time for Parliamentary consideration before Christmas recess.
|
| Courts-Martial rules: Army
| |
| Courts-Martial rules: RAF
| |
| Commencement Order: AFA 01 provisions on compelling attendance of witnesses at court-martial
| |
| 2 | Service Discipline Acts alignment
| Implementation: Spring 2008
Three are affirmative and must be debated in both Houses. Aim to submit to Ministers in late February. Hope to secure time for debates as soon as possible after 21 April. Debates must take place in time for the Privy Council to consider Continuation Order at its meeting in July since there is no meeting after the summer recess until after the legislation expires.
|
| Redress Consequentials
| |
| Continuation Order 2008
| |
| Entry, search and seizure (Amendment)
| |
| 3 | Service Inquiries
| Implementation: July 2008
Aim to submit to Ministers in March in order to lay before Whitsun recess. Both statutory instruments are subject to negative procedure. The commencement order will bring into effect some minor repeals needed as a result of the new Courts-Martial Rules, but its main purpose is to commence sections related to Service Inquiries. It will also include some transitional provisions.
|
| Commencement Order Number 3
| |
| 4 | Application of Criminal Procedure and Investigations Act 1996 on disclosure
| Implementation: Spring 2008
Not related to Armed Forces Act 2006.
|
| Application of Criminal Procedure and Investigations Act 1996 on other matters (delayed until later)
| |
| 5 | Enlistment
| Implementation: January 2009
First is affirmative and must be debated. Aim to submit to Ministers in April and lay as soon as possible after 21 April.
|
| Restriction on Aliens in the Armed Forces
| |
| Forfeiture of service, discharge and transfer to the reserves
| |
| Naval chaplains
| |
| Regulations under Schedule 14, paragraphs 5 and 42 reserves
| |
| 6 | Bail Pending Appeal
| Implementation: not yet known
Not related to Armed Forces Act 2006. Bail pending appeal will give rise to two statutory instruments.
|
| 7 | Stop, search and seizure
| Implementation: January 2009
Aim to submit to Ministers in May and lay before the summer recess. All three must be debated in both Houses
|
| Part Five
| |
| Court Martial Rules
| |
| 8 | Low Flying Section 34
| Implementation: January 2009
Aim to submit to Ministers in May and lay before the summer recess.
|
| Air navigation order offences Section 49
| |
| 9 | Application of PACE to the Armed Forces
| Implementation: January 2009
Aim to submit to Ministers in June and lay before the summer recess.
|
| Custody without charge
| |
| Custody proceeding rules
| |
| Arrest by civilian police under warrant of Judge Advocate
| |
| Proceedings before civilian court where person suspected of illegal absence
| |
| Failure to Report to Custody
| |
| Records of arrest/surrender of absentees
| |
| 10 | Summary Hearing Rules
| Implementation: January 2009
|
| Minor Punishments
| |
| Restriction on Reduction in Rank
| |
| Summary Appeal Court Rules
| |
| Service Civilian Court Rules
| |
| Service Supervision and Punishment Orders
| |
| 11 | Service Supervision Orders
| Implementation: January 2009
|
| Service Custody Rules
| |
| 12 | Forfeitures and Deductions
| Implementation: January 2009
|
| Financial Penalty and Enforcement Orders
| |
| Child Protection
| |
| Detention in Overseas Hospitals
| |
| 13 | Service of Process
| Implementation: January 2009
|
| Court Martial Appeal Court Rules
| |
| Evidence in Civil Courts
| |
| Post Incident Drug and Alcohol Testing Regulations
| |
| Drug Testing Regulations
| |
| 14 | Designated Areas
| Implementation: January 2009
Deliberately not grouped with other statutory instruments in order that it may be brought forward.
|
| 15 | Further Amendments and Repeals
| Implementation: January 2009
These statutory instruments will be laid after the summer recess. The Commencement Order will commence all remaining provisions in AFA 06 and repeal all existing provisions in the Service Discipline Acts to enable full commencement of AFA 06 in January 2009.
|
| Transitionals Order
| |
| Commencement Order Number 4
| |
| 16 | Extent (mods for British Overseas Territories)
| Implementation: January 2009
All three are Orders in Council.
|
| Extent (mods for Channel Islands)
| |
| Extent (mods for Isle of Man)
| |
| 17 | Inaccurate certification
| Implementation: January 2009
|
| Civilian Courts Dealing with Service Offences
| |
