Commentary on provisions of Act Offences under the Service Discipline Acts
The intention is to use the power in section 380(8A) of AFA 2006 to provide that new sections 304A to 304H of AFA 2006 will apply in connection with offences under the Service Discipline Acts that preceded AFA 2006. It would be necessary to do this as AFA 2006 does not include provision about such offences (they are not "service offences" as defined in section 50 of AFA 2006). Instead, orders under section 380 make transitional provision about such offences. The main order made under section 380 is the Armed Forces Act 2006 (Transitional Provisions, etc) Order (S.I. 2009/1059). That order makes provision so that various references in AFA 2006 to "service offences" include offences under the Service Discipline Acts that preceded AFA 2006.