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Armed Forces Act 2011

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This is the original version (as it was originally enacted).

23Protected prisoners of war

This section has no associated Explanatory Notes

(1)After section 371 of AFA 2006 insert—

“Protected prisoners of war

371APower to make provision in relation to protected prisoners of war

(1)Her Majesty may by warrant make provision with respect to protected prisoners of war.

(2)A Royal Warrant made under this section may in particular make provision in relation to protected prisoners of war which—

(a)applies any relevant provision, or

(b)is equivalent to that made by any relevant provision,

subject to such modifications as may be contained in the Royal Warrant.

(3)In subsection (2) “relevant provision” means any provision of or made under this Act (including any provision creating a service offence), other than any provision of or made under Part 14, 15 or 16.

(4)The Secretary of State must publish a Royal Warrant made under this section in such a way as appears to the Secretary of State to be appropriate.

(5)Section 373(5) (power to make supplementary provision etc) applies in relation to Royal Warrants under this section.

(6)In this section “protected prisoner of war” means a person—

(a)who is a protected prisoner of war within the meaning given by section 7 of the Geneva Conventions Act 1957; and

(b)as respects whom the United Kingdom is the detaining power for the purposes of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 (set out in the Third Schedule to that Act).”

(2)In consequence of the provision made by subsection (1), section 56 of the Court Martial Appeals Act 1968 (modifications of that Act for protected prisoners of war) is repealed.

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