Section 206
Save as expressly provided by any rules or regulations under this
of Royal Brunei Armed Forces Act
Act, any order or determination required or authorised to be made under this
Act by any officer or authority, may be signified under the hand of any officer authorised in that behalf; and any instrument signifying such an order or determination and purporting to be signed by an officer stated therein to be so authorised, unless the contrary is proved, is deemed to be signed by an officer so authorised.
Provisions as to active service 207.
(1)
In this Act, “on active service” —
(a)
in relation to the Armed Forces or the Reserve Regiment, means that the Armed Forces or the Reserve Regiment is engaged in operations against an enemy or is engaged elsewhere than in Brunei
Darussalam in operation for the protection of life or property or
(subject to the provisions of this section) is in military occupation of a foreign country;
(b)
in relation to a person, means that he is serving with the
Armed Forces or the Reserve Regiment when the Armed Forces or the Reserve Regiment is on active service.
(2)
Where it appears to His Majesty the Sultan and Yang Di-Pertuan that, by reason of the imminence of active service or of the recent existence of active service, it is necessary for the public service that the Armed Forces or the Reserve Regiment or both such forces should be deemed to be on active service, His Majesty the Sultan and Yang Di-Pertuan may declare that for such period not exceeding 3 months, beginning with the coming into operation of the declaration as may be specified therein, the Armed Forces or the Reserve Regiment or both such forces, as the case may be, shall be deemed to be on active service.
(3)
Where it appears to His Majesty the Sultan and Yang Di-Pertuan that it is necessary for the public service that the period specified in a declaration under subsection (2) should be prolonged or, if previously prolonged under this subsection, should be further prolonged, His Majesty the Sultan and Yang Di-Pertuan may declare that such period shall be prolonged by such time, not exceeding 3 months, as may be specified in the declaration under this subsection.
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(4)
If at any time while the Armed Forces or the Reserve Regiment or both such forces —
(a)
is or are on active service by reason only of being in military occupation of a foreign country; or
(b)
is or are deemed to be on active service of any declaration under subsection (2) or (3), it appears to His Majesty the Sultan and Yang Di-Pertuan that there is no necessity for the Armed Forces or the Reserve Regiment or both such forces to continue to be treated as being on active service, His Majesty the Sultan and Yang Di-Pertuan may declare that as from the coming into operation of the declaration the Armed Forces or the Reserve Regiment or both such forces, as the case may be, shall cease to be, or to be deemed to be on active service.
(5)
A declaration under this section shall have effect not only as respects the members of the force or any part thereof to which it relates but also as respects other persons the application to whom of any provisions of this Act depends on whether that force or any part thereof is on active service.
(6)
Any declaration under this section shall, unless His Majesty the
Sultan and Yang Di-Pertuan otherwise directs, come into operation on the day on which it is made; and such a declaration shall be publicly notified as soon as circumstances permit.
Power of His Majesty the Sultan and Yang Di-Pertuan* to make regulations 208.
(1)
His Majesty the Sultan and Yang Di-Pertuan* may make regulations not inconsistent with the provisions of this Act in respect of all or any of the following matters —
(a)
the government, administration and organisation of the
Armed Forces and the Reserve Regiment;
(b)
appointment, enlistment and attestation of members of the
Armed Forces and the Reserve Regiment;
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/86]
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(c)
ranks of members of the Armed Forces and the Reserve
Regiment;
(d)
conditions for the acceptance of eligible persons and eligible young persons as members of the Armed Forces and the
Reserve Regiment and the conditions of service of such members including conditions as to pay, compensation, pensions, gratuities and allowances payable in respect of the service or death or permanent injury of such members;
(e)
the Reserve of Officers and the Retired List;
(f)
powers and duties of provost officers and members of the
Armed Forces or the Reserve Regiment legally exercising authority under a provost officer or on his behalf;
(g)
military decorations;
(h)
military funerals and burials at sea;
(i)
any matter which is expressed by any provision of this Act to be a subject for regulations;
(j)
any matter which is required or authorised to be prescribed by any Part of this Act other than Part 5 or 7; and
(k)
any other matter which His Majesty the Sultan and Yang
Di-Pertuan* may consider necessary or expedient for the purposes of this Act.
(2)
Notwithstanding anything contained in the Interpretation and
General Clauses Act (Chapter 4), the powers conferred upon His Majesty the
Sultan and Yang Di-Pertuan* by subsection (1)(d) to make regulations shall include the power of declaring the date (including a date prior to that upon which it is declared and subsequent to 31st December 1961) as from which any of such regulations shall have or be deemed to have had effect.
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/86]
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(3)
Regulations made under subsection (1)(d) may provide that —
(a)
where any member of the Armed Forces or the Reserve
Regiment or any other person has become eligible for the award of any pension, gratuity or other allowance under any provision of such regulations; and
(b)
the pensionable military service of such member, or any other member as respects such other person, is required to be taken into account in computing such award, then such pensionable military service may, if His Majesty the Sultan and
Yang Di-Pertuan* thinks fit, be deemed to include any previous pensionable civil public service of such member or other member, as the case may be, in respect of which no award has been made to such member or other member or any other person under the Pensions Act (Chapter 38).
(4)
For the purposes of subsection (1)(d), “injury” includes wound or disease.
(5)
For the purposes of subsection (3) —
“pensionable military service” means military service which may be taken into account in computing pension under regulations made under subsection (1)(d);
“previous pensionable civil public service” means, in relation to a member of the Armed Forces or the Reserve Regiment, the previous service of such member which was, when completed, and continues to be at the time of the eligibility of such member or any other person for the award mentioned in subsection (3), qualifying and pensionable service of such member in a pensionable office for the purposes of the Pensions Act (Chapter 38).
General Orders 209.
(1)
His Majesty the Sultan and Yang Di-Pertuan may make such orders not inconsistent with the provisions of this Act and the regulations or rules made thereunder to be called “General Orders of His Majesty the
Sultan and Yang Di-Pertuan” as His Majesty the Sultan and Yang Di-Pertuan may consider necessary or expedient for the purposes of this Act.
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/86]
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(2)
Without prejudice to the generality of subsection (1), His
Majesty the Sultan and Yang Di-Pertuan may make orders relating to —
(a)
conduct and discipline and the regulation and carrying out of punishment;
(b)
classification and promotion;
(c)
instructions and examinations;
(d)
inspection, drill, parades, training and exercises;
(e)
the institution and maintenance of common rooms and canteens;
(f)
the manner and form of reports, correspondence and other records; and
(g)
any other matter which is expressed by any provision of this
Act to be a subject for such orders.
(3)
General Orders of His Majesty the Sultan and Yang Di-Pertuan shall be published in such form or manner as His Majesty the Sultan and
Yang Di-Pertuan shall direct and shall not be required to be published in the
Gazette.
Powers exercisable by subsidiary legislation 210.
(1)
Any power conferred by this Act to make regulations, Rules of
Procedure, board of inquiry rules, General Orders, orders or other instruments shall include power —
(a)
to make provision for specified cases or classes of cases;
and
(b)
to make different provisions for different classes of cases, and for the purposes of any such instruments “classes of cases” may be defined by reference to any circumstances specified in the instruments.
(2)
Any such regulations, Rules of Procedure, board of inquiry rules, General Orders, orders or other instruments may —
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(a)
impose conditions;
(b)
require acts or things to be performed or done to the satisfaction of any persons named therein whether or not such persons are members of the Armed Forces or the Reserve Regiment;
(c)
empower such persons as aforesaid to issue orders, either orally or in writing, requiring acts or things to be performed or done, or prohibiting acts or things to be performed or done and prescribing periods or dates upon, within or before which such acts of things shall be performed or done or such conditions as aforesaid shall be fulfilled; and
(d)
provide for appeal against any such order, or any act or omission or thing required, prohibited or prescribed thereunder.
Application of Queen’s Regulations 211.
The Queen’s Regulations for the Army of the United Kingdom shall, in so far as they are not inconsistent with the provisions of this Act or any regulations, rules or General Orders made thereunder and do not relate to matters which are for the time being the subject of such provisions, apply to the Armed Forces subject to such alterations and amendments as may be necessary to make such Regulations applicable to the circumstances of
Brunei Darussalam.
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