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STATUTORY INSTRUMENTS

2006 No. 235 (C.6)

DEFENCE

The Armed Forces Act 2001 (Commencement No. 6) Order 2006

  Made 1 February 2006 

The Secretary of State makes the following Order in exercise of the powers conferred by section 39(2) of the Armed Forces Act 2001[1]:

     1. This Order may be cited as the Armed Forces Act 2001 (Commencement No. 6) Order 2006.

     2. The following provisions of the Armed Forces Act 2001("the Act") shall come into force on 3rd February 2006—

     3. In relation to sections 32 and 33 of, and paragraphs 2, 3, 4, 6 and 7 of Schedule 5 to, the Act, article 2 only applies to incidents which occur on or after 3rd February 2006.


Don Touhig
Parliamentary Under Secretary of State Ministry of Defence

1st February 2006


EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force on 3rd February 2006 the provisions of the Armed Forces Act 2001 ("the Act") referred to in article 2. Sections 32 and 33 grant powers to request a sample to test for the presence of alcohol or drugs after the occurrence of a serious incident. Section 32 enables the Defence Council to make regulations as to such post incident testing and section 33 makes provision for the interpretation of section 32.

Paragraphs 1(2) and 5(2)(a) of Schedule 5 to the Act make minor amendment to the offence in the Service Discipline Acts of failing to provide a sample for compulsory drug testing. Paragraphs 1(3) and 5(3) of Schedule 5 specify who may require such a test to be taken and the purposes for which the results of such a test may be used.


NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)




Provision Date of Commencement S.I. No.
ss 1, 34 and Sch. 6 (partially), 35, 36, 37, 38 and Sch. 7 (partially), and 39 11th May 2001 Royal Assent
ss 34 and Sch. 6 (partially), and 38 and Sch. 7 (partially) 1st October 2001 2001/3234 (C.104)
ss 17 and Sch. 1, 18, 19 and Sch. 2, 23, 24, 32(9) and Sch. 5 (partially), 34 and Sch. 6 (partially), 38 and Sch. 7 (partially) 28th February 2002 2002/345 (C.8)
ss 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 31 and 34 and Sch. 6 (partially) 30th September 2003 2003/2268 (c.89)
s 20 21st July 2004 2004/1938 (C.83)
ss 26, 27 and 28 14th October 2005 2005/2861(C.120)

Notes:

 [1] 2001 c.19.back


ISBN 0 11 073997 3


 © Crown copyright 2006

Prepared 9 February 2006

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URL: http://www.bailii.org/uk/legis/num_reg/2006/20060235.html