Commentary on Sections Section 12: Application to armed forces
46.Section 12 defines the term “armed forces” used in sections 4 and 6 of the Act so that it includes the Royal Navy, Army and Air Force. Section 12 also addresses the fact that technically members of the armed forces are not employed by the Ministry of Defence. Provision is required in the same way as described in paragraph 46 above to ensure that a duty of care as employer is owed to such personnel by the Ministry of Defence for the purposes of the offence.