- Latest available (Revised)
- Point in Time (28/03/2009)
- Original (As enacted)
Armed Forces Act 1991
You are here:
- UK Public General Acts
- 1991 c. 62
- Schedules only
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Armed Forces Act 1991 (Schedules only)
Version Superseded: 01/10/2009
Status:
Point in time view as at 28/03/2009.
Changes to legislation:
Armed Forces Act 1991 is up to date with all changes known to be in force on or before 17 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
SCHEDULES
Section 10.
SCHEDULE 1U.K. Assessors of Compensation for Miscarriages of Justice
[F11U.K.A person may only be appointed to be an assessor for the purposes of section 10 of this Act if he is—
(a)a person who has a 7 year general qualification, within the meaning of section 71 of the M1Courts and Legal Services Act 1990;
(b)an advocate or solicitor in Scotland;
(c)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;
(d)a person who holds or has held judicial office in any part of the United Kingdom; or
(e)a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
Textual Amendments
F1Sch. 1 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Marginal Citations
2U.K.A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
Textual Amendments
F1Sch. 1 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
3U.K.A person shall vacate office as an assessor—
(a)if he ceases to be qualified for appointment as an assessor, or
(b)on attaining the age of 72,
unless the Secretary of State considers that it is in the interests of the efficient operation of section 10 of this Act that he should continue to hold office.
Textual Amendments
F1Sch. 1 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
4U.K.A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.
Textual Amendments
F1Sch. 1 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
5U.K.Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—
(a)he has been convicted of a criminal offence;
(b)he has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract;
(c)he is incapacitated by physical or mental illness; or
(d)he is otherwise unable or unfit to perform his duties.
Textual Amendments
F1Sch. 1 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
[F26(1)The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.U.K.
(2)In the case of a person who qualifies for appointment under—
(a)paragraph (1)(a), or
(b)paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
(3)In the case of a person who qualifies for appointment under—
(a)paragraph (1)(b), or
(b)paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
(4)In the case of a person who qualifies for appointment under—
(a)paragraph (1)(c), or
(b)paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.]
Textual Amendments
F1Sch. 1 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
F2Sch. 1 para. 6 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 217; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(u)
7U.K.An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.]
Textual Amendments
F1Sch. 1 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Section 26.
SCHEDULE 2U.K. Minor and Consequential Amendments
Commencement Information
I1Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Removal of offender to United Kingdom before confirmation of sentenceU.K.
1U.K.[F3In section 71AA(2) of each of the 1955 Acts (young service offenders: custodial orders) and in section 127(2) of each of those Acts (country in which sentence of imprisonment or detention to be served) the words “after the confirmation of the sentence is completed ” shall be omitted.]
Textual Amendments
F3Sch. 2 para. 1 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I2Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Power to impose imprisonment for default in payment of finesU.K.
2U.K.[F4In section 71B of each of the 1955 Acts and in section 43B of the 1957 Act (power to impose imprisonment for default in payment of fines), in subsection (2) (which refers to the Table in section 31(3A) of the Powers of Criminal Courts Act 1973) for the words from “from time to time ” to “the Magistrates’ Courts Act 1980 ” there shall be substituted “for the time being in force ”.]
Textual Amendments
F4Sch. 2 para. 2 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I3Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Evidence of child of tender yearsU.K.
F53(1)In section 93 of each of the 1955 Acts (administration of oaths)—U.K.
(a)in the proviso to subsection (2) (which relates to the evidence of a child of tender years and the corroboration thereof) the words from “so however ” to the end of the proviso shall be omitted; and
(b)after subsection (2) there shall be inserted the following subsection—
“(2A)Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.”
(2)In section 60 of the 1957 Act (administration of oaths)—
(a)the proviso to subsection (3) (which relates to the corroboration of evidence given by a child of tender years) shall be omitted; and
(b)after that subsection there shall be inserted the following subsection—
“(3A)Unsworn evidence admitted by virtue of subsection (3) above may corroborate evidence (sworn or unsworn) given by any other person.”
Textual Amendments
F5Sch. 2 para. 3 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2
Rules of evidenceU.K.
4[F6(1)In section 99 of each of the 1955 Acts (rules of evidence), in subsection (1) after the words “subject to section 99A below ” there shall be inserted “to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.U.K.
(2)In the M2Armed Forces Act 1976, in Schedule 3 (Standing Civilian Courts), in paragraph 11 (rules of evidence) after the words “paragraph 12 below ” there shall be inserted “and to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.]
Textual Amendments
F6Sch. 2 paras. 4-7 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I4Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Marginal Citations
Finality of trialsU.K.
5[F6(1)Each of the 1955 Acts shall be amended in accordance with the following provisions of this paragraph.U.K.
(2)In section 133 (jurisdiction of civil courts), in subsection (1) for the words “an offence substantially the same as that offence ” there shall be substituted “the same, or substantially the same offence ”.
(3)In section 134 (persons not to be tried under those Acts for offences already disposed of), in subsection (1) for the words “that offence ” there shall be substituted “the same, or substantially the same offence ”.]
Textual Amendments
F6Sch. 2 paras. 4-7 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I5Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Enactments requiring fiat of Attorney General etc. in connection with proceedingsU.K.
6[F6(1)In section 204A of each of the 1955 Acts (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than subsections (1) and (3) of section 132) for the words “subsections (1) and (3) ” there shall be substituted “subsection (3A) ”.U.K.
(2)In section 129A of the 1957 Act (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than section 52(3)(b)) for the words “section 52(3)(b) ” there shall be substituted “section 52(3) ”.]
Textual Amendments
F6Sch. 2 paras. 4-7 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I6Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Recognizance by parent or guardian on conviction of civilian under 17U.K.
7U.K.[F6In Schedule 4A to the 1957 Act (powers of court on trial of civilian) in paragraph 14(1) (order requiring parent or guardian to enter into a recognizance in respect of person under 17 found guilty of an offence) for the amount specified as the maximum amount of the recognizance there shall be substituted “£1,000 ”.]
Textual Amendments
F6Sch. 2 paras. 4-7 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1Sch. 2 para. 7 restricted (in relation to an offence committed on or before 31.12.1991) by S.I. 1991/2719, art. 3(2)
Commencement Information
I7Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Power of Courts-Martial Appeal Court to order retrialU.K.
8U.K.In section 19 of the M3Courts-Martial (Appeals) Act 1968 (power to authorise retrial in certain cases), in subsection (1) the words from “the appeal against conviction ” to “and ” shall be omitted.
Modifications etc. (not altering text)
C2Sch. 2 para. 8 restricted (where an application for leave to appeal is lodged on or before 31.12.1991) by S.I. 1991/2719, art. 3(3)
Commencement Information
I8Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Marginal Citations
Compensation ordersU.K.
9F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In Schedule 7 to the Criminal Justice Act 1988 (compensation payable by Criminal Injuries Compensation Board), in paragraph 13 (reduction of compensation by reference to damages etc.) at the end of sub-paragraph (b) there shall be inserted— “ or
(c)any order under paragraph 11 (compensation orders) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or
(d)any award of stoppages under any of the Acts referred to in sub-paragraph (c) above”.
Textual Amendments
F7Sch. 2 para. 9(1) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F8Sdch. 2 para. 9(2) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3, 6)
F9Sch. 2 para. 9(3) repealed (9.1.1995) by S.I. 1994/2795 (N.I. 15), art. 26(2), SCh. 3 Pt. I(with art. 25); S.R. 1994/446, art. 2
Commencement Information
I9Sch. 2 wholly in force at 1.1.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Powers of Standing Civilian CourtsU.K.
10U.K.[F10In section 8 of the M4Armed Forces Act 1976 (powers of Standing Civilian Courts in relation to civilians), in subsection (1) for the words “and to section 71A ” there shall be substituted “and to the restrictions imposed by section 71A ”.]
Textual Amendments
F10Sch. 2 para. 10 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I10Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Marginal Citations
Removal or amendment of spent or obsolete expressionsU.K.
11[F11(1)In section 131 of each of the 1955 Acts (trial and punishment of service offences notwithstanding offender ceasing to be subject to military or air-force law), in subsection (1) the word “reconsideration ” shall be omitted.U.K.
(2)In section 145 of each of the 1955 Acts (forfeiture of pay for absence from duty), in subsection (1), in paragraph (b)—
(a)the words “corrective training, preventive detention ” shall be omitted; and
(b)for the words from “an order or sentence ” to the end of the paragraph there shall be substituted—
“(i)an order or sentence of a civil court;
(ii)a revocation of a licence under section 62 of the Criminal Justice Act 1967; or
(iii)an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.”
(3)In the 1957 Act, in section 129 (jurisdiction of civil courts), in subsection (2) the words “corrective training, preventive detention ” shall be omitted.
F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F11Sch. 2 para. 11 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F12SCh. 2 para. 11(4) repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
Commencement Information
I11Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Section 26.
SCHEDULE 3U.K. Enactments Repealed
Commencement Information
I12Sch. 3 wholly in force; the repeal of s. 1 of the Armed Forces Act 1986 (c. 21, SIF 7:1) came into force at 01.01.1992, see s. 27(4); further provisions in force at 1.1.1992 by S.I. 1991/2719, art. 2, Sch.; the remaining provisions in force at 1.6.1996 by S.I. 1996/1173, art. 2 (with savings in art. 3)
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 28 & 29 Vict. c. 73. | The Naval and Marine Pay and Pensions Act 1865. | Sections 4 and 5. |
| 10 & 11 Geo. 6 c. 24. | The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947. | In section 1 subsections (3) and (5).Section 2. |
| 3 & 4 Eliz. 2 c. 18. | The Army Act 1955. | Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below ”, subsection (1A) and in subsection (2) the words from “after ” to “completed ”.In section 93, in the proviso to subsection (2) the words from “so however ” onwards.In section 122(1) the words “this Part of ”.In section 127(2) the words from “after ” to “completed ”.In section 131(1) the word “reconsideration ”.In section 145(1)(b) the words “corrective training, preventive detention ”.In section 150, in subsection (1)(a) the words “or child ” and in subsection (5) the words “or child ”, in both places where they occur, and the paragraph beginning “references to a child ”.Section 216(4).In section 225(1), in the definition of “stoppages ” the words from “for any expense ” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
| 3 & 4 Eliz. 2 c. 19. | The Air Force Act 1955. | Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below ”, subsection (1A) and in subsection (2) the words from “after ” to “completed ”.In section 93, in the proviso to subsection (2) the words from “so however ” onwards.In section 122(1) the words “this Part of ”.In section 127(2) the words from “after ” to “completed ”.In section 131(1) the word “reconsideration ”.In section 145(1)(b) the words “corrective training, preventive detention ”.In section 150, in subsection (1)(a) the words “or child ” and in subsection (5) the words “or child ”, in both places where they occur, and the paragraph beginning “references to a child ”.Section 214(4).In section 223(1), in the definition of “stoppages ” the words from “for any expense ” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
| 5 & 6 Eliz. 2 c. 53. | The Naval Discipline Act 1957. | Section 43A(1B)(a).In section 43AA, in subsection (1) the words “subject to subsection (1A) below ” and subsection (1A).In section 60 the proviso to subsection (3).Section 125(3).In section 129(2) the words “corrective training, preventive detention ”.In Schedule 4A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
| 1968 c. 20. | The Courts-Martial (Appeals) Act 1968. | In section 8(1A)(a), “6 ” and the words “reception orders ”.In section 19(1) the words from “the appeal against conviction ” to “and ”. |
| 1974 c. 53. | The Rehabilitation of Offenders Act 1974. | Section 5(5)(h). |
| S.I. 1978/1908 (N.I. 27). | The Rehabilitation of Offenders (Northern Ireland) Order 1978. | Article 6(5)(d). |
| 1980 c. 9. | The Reserve Forces Act 1980. | In Schedule 6 paragraph 1(7A). |
| 1981 c. 55. | The Armed Forces Act 1981. | Section 14. |
| 1982 c. 14. | The Reserve Forces Act 1982. | In section 2 subsections (4) and (5). |
| 1986 c. 21. | The Armed Forces Act 1986. | Section 1. Section 13.In Schedule 1, in paragraph 12 sub-paragraphs (3) and (5). |
| 1989 c. 41. | The Children Act 1989. | In Schedule 12 paragraphs 8, 10 and 18.In Schedule 14 paragraph 15(1)(b) and, in paragraph 16, in sub-paragraph (1) the words “or (b) ”, sub-paragraph (2)(b) and the word “or ” immediately preceding it and sub-paragraph (3). |
Options/Help
Print Options
PrintThe Whole Act
PrintThe Schedules only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.