Commentary on provisions of Act Section 20: Power of British overseas territories to apply AFA 2006 etc
This section amends section 357 of the AFA 2006. Section 357 allows a British overseas territory to apply all or any of the provisions of the AFA 2006 (with or without modification) to a locally raised force. In doing so, it enables a British overseas territory force to make use of the United Kingdom’s service justice system contained in the AFA 2006. This section clarifies that section 357 of the AFA 2006 may be applied by a British overseas territory even when the section does not extend to that overseas territory. As a result of amendments made by the Armed Forces Acts in 2011 and 2016, the AFA 2006 no longer extends to Gibraltar. This section confirms that Gibraltar legislation can apply the AFA 2006 (with or without modification) to bring the Royal Gibraltar Regiment into the United Kingdom’s service justice system despite the extent provisions of the AFA 2006.