Question to the Ministry of Defence:

To ask His Majesty's Government what conditions (1) regular members of the British Army, (2) members of the Army Reserve, (3) members of the Regular Reserve, (4) members of the recall reserve, and (5) civilians employed by the Ministry of Defence are subject to under service law; and what conditions immediate family members of each of these groups are subject to under service law.

The Armed Forces Act 2006 (AFA 06) sets out the conditions under which different categories of individuals are subject to service law. Section 367 of the Act sets out the conditions for (1) Regular members, (2) members of the Army Reserve and (3) members of the Regular Reserve as follows:

(1) Every member of the regular forces is subject to service law at all times.

(2) Every member of the reserve forces is subject to service law while—

(a) in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) or under any other call-out obligation of an officer;

(b) in home defence service on call-out under section 22 of the Reserve Forces Act 1980;

(c) in full-time service under a commitment entered into under section 24 of the Reserve Forces Act 1996;

(d) undertaking any training or duty (whether or not in pursuance of an obligation); or

(e) serving on the permanent staff of a reserve force.

Individuals liable to recall (4) are not members of a reserve force under the Act and would only be subject to service law if they were recalled.

Civilians employed by the Ministry of Defence and immediate family members (if they are civilians) (5) would not be subject to service law under the AFA 06. In certain circumstances they could be subject to service discipline under Section 370 of AFA 06 and these circumstances are set out in Schedule 15 of the Act, such as when they are on an HM aircraft in flight or on a HM ship afloat or they are living or staying with someone who is subject to service law outside the UK.