Second Group of Parts – Miscellaneous Matters Restriction on aliens Section 340: Restriction on aliens in regular forces etc
682.This section prevents aliens from being members of the regular forces or of HM Forces raised under the law of a British overseas territory. Section 3 of the Act of Settlement 1700 (which would otherwise prevent certain non-UK nationals from holding any “office or place of trust” in HM Forces) is disapplied so that it is clear that the position regarding aliens in the armed forces is governed by this section alone. An alien is a person who is neither a citizen of the UK, the Commonwealth or the Republic of Ireland nor a British protected person.
683.However, despite this general prohibition, the section allows the Defence Council to make regulations excluding certain aliens from its operation. This would allow Gurkhas (who are aliens) to be members of these forces.