The Ports of Fleetwood and Silloth (Transfer of Undertaking) Harbour Revision Order 2026

Published: Thu 16th Apr 26

Schedule 1 mandates specific textual amendments to the Armed Forces Act 2006, focusing primarily on updating provisions related to service offences, the structure and jurisdiction of service courts, and the mechanisms for handling service complaints, thereby revising the existing framework for military law and discipline.

Arguments For

  • Modernizes disciplinary procedures within the armed forces by introducing or modifying existing powers of summary jurisdiction and court martial.

  • Clarifies or broadens the scope of certain service offences, ensuring they remain relevant to contemporary military operations and conduct expectations.

  • Aims to improve fairness and efficiency in handling service complaints and disciplinary matters, potentially enhancing trust and morale within the service.

  • Ensures consistency between military law and aspects of civilian law where amendments are necessary following broader legal and regulatory changes.

Arguments Against

  • Amending established legislation like the Armed Forces Act 2006 can introduce unintended confusion or complexity in military legal processes, requiring significant training and adjustment.

  • Changes to disciplinary powers or the definition of service offences might be perceived by some personnel as an erosion of established rights or procedural safeguards.

  • If the scope of offences is broadened, it could lead to an increased administrative burden or potentially unjust application of military justice.

  • Any change to service law requires careful consideration to maintain the unique disciplinary regime necessary for effective military operations.

SCHEDULE 1

Amendment of the Armed Forces Act 2006

PART 1

Amendments relating to Service offences and consequences of award of service detention

1 (1) Section 52 (Offence: failure to comply with order to attend for service or to report at place of assembly) is amended as follows.

(2) In subsection (1), for “shall be guilty of an offence and liable on summary conviction to…” substitute “is guilty of a service offence and liable on summary conviction to…”

2 Section 53 (Offence: absence from duty) is amended as follows.

(1) In subsection (1), for “shall be guilty of an offence and liable on summary conviction to…” substitute “is guilty of a service offence and liable on summary conviction to…”

(2) In subsection (4), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute "is guilty of a service offence and liable on conviction by court-martial to…"

3 Section 54 (Offence: desertion) is amended as follows.

(1) In subsection (1), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute “is guilty of a service offence and liable on conviction by court-martial to…”

(2) In subsection (2), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute "is guilty of a service offence and liable on conviction by court-martial to…"

4 Section 55 (Offence: joining in mutiny) is amended as follows.

(1) In subsection (1), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute “is guilty of a service offence and liable on conviction by court-martial to…”

(2) In subsection (2), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute "is guilty of a service offence and liable on conviction by court-martial to…"

5 Section 56 (Offence: endeavouring to seduce from duty or discipline) is amended as follows.

(1) In subsection (1), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute “is guilty of a service offence and liable on conviction by court-martial to…”

(2) In subsection (2), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute "is guilty of a service offence and liable on conviction by court-martial to…"

6 Section 57 (Offence: inciting to disobedience or to commit service offence) is amended as follows.

(1) In subsection (1), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute “is guilty of a service offence and liable on conviction by court-martial to…”

(2) In subsection (3), for “shall be guilty of an offence and liable on conviction by court-martial to…” substitute "is guilty of a service offence and liable on conviction by court-martial to…"

PART 2

Amendments relating to Service complaints

7 Section 313 (Duty to refer to commanding officer)

8 Section 314 (Complaints that may not be referred to commanding officer)

9 Section 315 (Reference to commanding officer of complaint referred to in section 314)

10 Section 316 (Complaints referred to Secretary of State)

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