SCHEDULES

SCHEDULE 15Civilians subject to service discipline

Part 2Exclusion and definitions

Exclusion

I1I411

1

A person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at any time when he is in a country—

a

of which he is a national; or

b

in which he is ordinarily resident.

2

In this paragraph a “United Kingdom national” means an individual who is—

a

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

b

a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

c

a British protected person within the meaning of that Act.

3

In determining for the purposes of this paragraph whether a person is ordinarily resident in a country, no account shall be taken of any period during which he has been or intends to be present there while falling (apart from this paragraph) within any of paragraphs 4 to 10.

Annotations:
Commencement Information
I1

Sch. 15 para. 11 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I4

Sch. 15 para. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Definitions

I2I512

1

In this Schedule “designated area” means an area which—

a

is outside the British Islands; and

b

is designated for the purposes of this Schedule by an order made by the Secretary of State.

2

An area designated for the purposes of this Schedule may consist of two or more areas (whether or not contiguous).

Annotations:
Commencement Information
I2

Sch. 15 para. 12 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I5

Sch. 15 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

I3I613

In this Schedule references to a person residing or staying with another person include references to the person—

a

being about to reside or stay with the other person; and

b

departing after residing or staying with him.

Annotations:
Commencement Information
I3

Sch. 15 para. 13 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

I6

Sch. 15 para. 13 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

F114

For the purposes of paragraphs 5(1)(c), 10 and 11, a territory that is not within a country is to be treated as a country.