The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2026
The Armed Forces Act 2006 constitutes the primary legislation governing the structure, discipline, jurisdiction, and powers of the unified Armed Forces of the United Kingdom following the amalgamation of the separate service branches into single legal entities.
It establishes the framework for court martial proceedings, defines service offences, regulates the powers of commanding officers, and addresses matters of service complaints and civilian jurisdiction over service personnel both at home and overseas.
Arguments For
Establishes a clear, modern, and unified legal framework for the discipline and governance of the unified armed forces.
Extends the jurisdiction of UK military law to cover all personnel across the Army, Royal Navy, and Royal Air Force under a single structure.
Implements important provisions for the welfare and treatment of service personnel, including in relation to service complaints and disciplinary action.
Provides the basis for applying criminal law to service personnel both inside and outside the United Kingdom, ensuring accountability for service offences.
Arguments Against
Concerns might be raised regarding the scope of service authority, potentially overriding civilian legal processes in certain circumstances.
Implementation of new disciplinary procedures may create initial complexities for existing command structures and legal personnel.
The Act consolidates disciplinary powers, which some argue concentrates authority and requires robust oversight mechanisms to prevent misuse.
Adjustments to the interface between military liability and civilian criminal law can generate debate over appropriate jurisdiction for certain non-service related offences committed by service personnel.
PART 1 SERVICE DISCIPLINE
The Armed Forces Act 2006
An Act to make provision about the armed forces of the Crown; to make provision for the establishment of the Court Martial; to make provision about service offences and the jurisdiction of Service Prosecuting Authority and Service Courts; to make provision about service disciplinary proceedings and civilian offences; to make provision about service complaints; to make provision about the civilian staff of the armed forces; to make provision about the repeal and amendment of certain enactments relating to the armed forces; and for connected purposes.
CHAPTER 1 SERVICE OFFENCES AND JURISDICTION
Offences
1 Constitution of Service and position of Crown
(1) The armed forces of the Crown consist of the Royal Navy, the Royal Marines, the Army and the Royal Air Force.
(2) The Royal Marines are a part of the Royal Navy.
(3) The regular forces are the Royal Navy, the Royal Marines, the Army and the Royal Air Force.
(4) The definition of “the armed forces” in any enactment is to be read as referring to the armed forces of the Crown.
(5) Service in the armed forces is service in the armed forces of the Crown.
(6) The Crown is the employer of the members of the armed forces.
2 Power to legislate for armed forces
(1) It is lawful for Her Majesty to make laws (including laws, by Order in Council, for the government of the armed forces of the Crown) for the government, discipline and pay of the armed forces of the Crown.
(2) The power under subsection (1) to make laws includes power to make provision about—
(a) service discipline;
(b) the jurisdiction of Service Courts;
(c) the Service Prosecuting Authority;
(d) offences under Part 2, 3 or 4 of the Naval Discipline Act 1957 (including offences triable by court-martial under that Act);
(e) offences under Part 2 or 3 of the Army Act 1955 (including offences triable by court-martial under that Act);
(f) offences under Part 2 or 3 of the Air Force Act 1955 (including offences triable by court-martial under that Act);
(g) the making of service complaints.
(3) The power under subsection (1) to make laws includes power to make provision for the purposes of any provision made by or under this Act or any other Act relating to the armed forces.
(4) In this section, “Service Courts” means courts-martial and the Court Martial.
3 Power to amend and repeal enactments
(1) Her Majesty may by Order in Council make such amendments or repeals of any enactment as appear to Her Majesty to be necessary or expedient in consequence of the coming into force of any provision of this Act.
(2) An Order in Council under this section may include such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient.
(3) This section does not affect the power of Her Majesty to make an Order in Council under any other enactment.
4 Application of service law on and after the day on which this Act comes into force
(1) Service law applies to a person who is subject to service law immediately before the day on which this Act comes into force as it applies to him after that day.
(2) Regulations may make provision for facilitating the transition to the application of this Act.
5 Jurisdiction of Service Prosecuting Authority and Service Courts
(1) The Service Prosecuting Authority has jurisdiction to institute a prosecution for a service offence, or an offence under any other enactment mentioned in subsection (2), if the offence was committed after the commencement of this section.
(2) The enactments mentioned in this subsection are—
(a) Part 2 or 3 of the Naval Discipline Act 1957;
(b) Part 2 or 3 of the Army Act 1955;
(c) Part 2 or 3 of the Air Force Act 1955.
(3) The Service Courts have jurisdiction to try a service offence, or an offence under any other enactment mentioned in subsection (2), if the offence was committed after the commencement of this section.
Part 1 of the Act addresses Service Discipline, beginning with the constitution of the Armed Forces.
It formally states that the UK Armed Forces consist of the Royal Navy (which includes the Royal Marines), the Army, and the Royal Air Force, clarifying that the Crown is their employer.
Section 2 grants the authority to Her Majesty, by Order in Council, to establish laws governing the government, discipline, and pay of these armed forces.
This power encompasses making rules regarding service discipline, the jurisdiction of Service Courts (including courts-martial and the Court Martial), the Service Prosecuting Authority, and the process for service complaints.
Service law continues to apply to personnel immediately before the commencement of the Act, and regulations can be made to ease the transition to the rules set out in this statute.
Furthermore, the Service Prosecuting Authority gains jurisdiction to initiate prosecutions for service offences and certain existing offences under older discipline Acts if those offences occurred after the relevant commencement date of this legislation.
CHAPTER 2 COURT MARTIAL
Establishment and constitution of Court Martial
6 Establishment of Court Martial
(1) A court-martial, to be known as the Court Martial, is established.
(2) The Court Martial is a court of record.
7 Constitution of Court Martial
(1) The Court Martial is constituted by a judge advocate who presides over the court and such number of officers of the armed forces as is required under this section and Schedule 2.
(2) Subject to any provision made by virtue of section 13(1) of the Courts Act 2003, the number of officers of the armed forces who are to be members of the Court Martial for the trial of any person is—
(a) 5, if the person is charged only with offences under the Naval Discipline Act 1957;
(b) 5, if the person is charged only with offences under the Army Act 1955 or the Air Force Act 1955;
(c) 3, if the person is a member of the Royal Navy or Royal Marines and is charged with service offences under any of the enactments mentioned in section 5(2), provided that at least one of the members is an officer of the Royal Navy or Royal Marines.
(d) 5, in any other case.
(3) Schedule 2 contains further provision about the constitution of the Court Martial, including provision about the qualifications and selection of the members.
8 Appointment of officers as members of Court Martial
(1) A person is eligible for appointment as a member of the Court Martial only if he or she is an officer of the armed forces who has attained the rank of major in the Army or Royal Marines or an equivalent rank in the Royal Navy or Royal Air Force.
(2) A person is not eligible for appointment as a member of the Court Martial if he or she is subject to service law.
(3) An officer may not sit as a member of the Court Martial if he or she is subject to the authority of the commanding officer of the accused, or an officer superior in command to that commanding officer.
9 Judge Advocate
(1) The judge advocate for the Court Martial must be a person who is eligible for appointment as a judge advocate for the purposes of the Courts-Martial (Appeal) Act 1968, and who is nominated for the purpose of presiding over the Court Martial by the Judge Advocate General.
(2) The Judge Advocate General nominated the judge advocate must not be—
(a) an officer of the armed forces;
(b) subject to service law; or
(c) eligible for appointment as a member of the Court Martial by virtue of section 8(1).
Chapter 2 establishes the Court Martial as a formal court of record for the armed forces.
Its constitution requires a presiding judge advocate and a panel of officers from the armed forces.
The number of officers on the panel depends on the charges: 5 members are required if a person is charged only with offences under the Naval Discipline Act 1957, or only under the Army Act 1955 or Air Force Act 1955.
If a Royal Navy or Royal Marine officer faces charges under any of the service discipline Acts listed, the panel size is 3, provided at least one member is from the Royal Navy or Royal Marines.
In all other cases, the panel consists of 5 officers.
To serve on the panel, an officer must have attained the rank equivalent to Major or above but cannot be subject to service law themselves.
The judge advocate presiding must be a person eligible for appointment under the Courts-Martial (Appeal) Act 1968, nominated by the Judge Advocate General, and crucially, must not be an active service officer or subject to service law.
CHAPTER 3 SERVICE JURISDICTION OVER CIVILIAN OFFENCES
10 Civilian offences (jurisdiction matters)
(1) A person subject to service law is, except as provided by this Act, subject to the ordinary criminal law of the place where the person is.
(2) Where a person subject to service law commits an offence which is not a service offence, the enacting power may provide for any of the following to have jurisdiction to try the offence—
(a) a Service Court;
(b) a civilian court of a country or territory outside the United Kingdom.
(3) For the purposes of subsection (2), the enacting power is—
(a) in relation to an offence committed in the United Kingdom, the Parliament of the United Kingdom;
(b) in relation to an offence committed outside the United Kingdom, Her Majesty by Order in Council.
(4) The power under subsection (2) to provide for jurisdiction includes power to make provision about the circumstances in which jurisdiction is exercisable.
11 Concurrent jurisdiction
(1) Where a civilian court and a Service Court have jurisdiction to try a person for an offence, the Service Prosecuting Authority (in the case of the Service Court) or the relevant prosecuting authority (in the case of the civilian court) may require the other authority to state whether it intends to institute proceedings.
(2) The authority which is required to state its intention under subsection (1) must give a reply within such time as may be prescribed by rules.
(3) If the authority required to state its intention determines not to institute proceedings, it may not subsequently institute proceedings for the offence unless the other authority has not instituted proceedings within such time as may be prescribed by rules.
(4) Rules may make provision about—
(a) the service, timing and content of a requirement under subsection (1);
(b) the manner in which a reply under subsection (2) is to be given;
(c) the manner in which proceedings may be instituted by an authority after the giving of a reply.
Chapter 3 addresses the jurisdiction over civilian offences committed by individuals subject to service law.
Section 10 establishes that, generally, service personnel are subject to the ordinary criminal law of their location within the UK. However, it grants the enacting power the ability to assign jurisdiction over non-service offences to either a Service Court or a civilian court in a territory outside the UK.
The enacting power differs based on location: the UK Parliament handles offences within the UK, while Her Majesty by Order in Council handles offences committed abroad.
Section 11 manages concurrent jurisdiction where both a civilian court and a Service Court have the right to try a person for the same offence.
This section mandates that the relevant prosecuting authorities (Service Prosecuting Authority or civilian authority) must notify each other of their intent to prosecute.
If an authority chooses not to proceed, it generally loses the ability to start proceedings later, unless the other authority also fails to act within a set timeframe, thereby preventing sequential prosecutions for the same act.
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