Defence Citation and commencement 1 These Regulations may be cited as the Armed Forces (Specified Aviation and Marine Functions) Regulations 2018 and come into force on 1st January 2019. Interpretation 2 1 In these Regulations— “cargo” includes (but is not limited to) stores, mail, animals and vehicles; “firearm” means a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged; and “Her Majesty’s ships” means all ships belonging to, or used for the purposes of, any of Her Majesty’s forces. 2 In these Regulations a reference to a duty of a person in relation to the handling, use or operation of a depth-charge launcher, firearm, mortar, rocket or torpedo is to any duty— a of a person (“P”) in relation to the handling and use of a firearm when P has in P’s possession the firearm and ammunition capable of being discharged from the firearm; b of a person doing any of the following in relation to the operation of a depth-charge launcher, firearm, mortar, rocket or torpedo— i handling missiles, fuses, charges or propellants; ii firing or giving orders to fire; iii calculating or setting a target area; iv giving instructions about the location and bearing of the target; v deciding or setting the explosive effect; vi ensuring that the missile or explosive functions correctly in the target area; or c to supervise a person carrying out a duty within sub-paragraph (a) or (b). Specified aviation functions: duties relating to aviation 3 1 A duty of a person subject to service law is specified as an aviation function for the purposes of section 93A(3A) and (3B) of the Armed Forces Act 2006 if it is any duty— a as a member of the flight deck crew of one of Her Majesty’s ships; b to supervise, certify or carry out maintenance on an aircraft; c to authorise a military flight; d of a pilot of an aircraft during flight or when conducting a ground run; e of any other member of the crew of an aircraft during flight; f of a person on board an aircraft during flight— i to give or supervise training or to administer a test; or ii to observe a period of practice or to monitor or record the gaining of experience; g as an air traffic controller; h of an operator of a remotely-piloted aerial system in flight; i of a person in relation to the handling or use on an aircraft, or the operation on or from it, of a depth-charge launcher, firearm, mortar, rocket or torpedo; j of a person handling, or supervising the handling of, explosives being loaded onto, carried on or in, or unloaded from an aircraft; k to ensure any part of the following activities is carried out safely— i fuelling, or removing fuel from, an aircraft; ii loading cargo onto or suspending cargo from an aircraft (including securing that cargo) or unloading cargo carried by or suspended from an aircraft; iii picking up a person or cargo from an aircraft or raising a person or cargo to an aircraft; iv dropping (whether or not by parachute), lowering or projecting a person or cargo from an aircraft; or v an activity carried out in close proximity to an aircraft operating under its own power. 2 In this regulation “air traffic controller” means a person directing or controlling the direction of aircraft in flight, taking off, or landing. Specified aviation functions: civilians subject to service discipline 4 A role or activity is specified as an aviation function for the purposes of section 93A(3A) and (3B) of the Armed Forces Act 2006 if— a it is carried out by a person who is a civilian subject to service discipline in the course of that person’s employment; and b it would be a duty specified as an aviation function for the purposes of section 93A(3A) and (3B) by regulation 3(1) if it were carried out by a person subject to service law in the course of that person’s duty. Specified marine functions: duties relating to ships 5 1 A duty of a person subject to service law is specified as a marine function for the purposes of section 93A(3A) and (3B) of the Armed Forces Act 2006 if it is any duty— a of an officer of one of Her Majesty’s ships afloat to secure the safe conduct of the ship; b of the quartermaster, bosun’s mate, helmsman or planesman of one of Her Majesty’s ships afloat to execute, or secure the execution of, orders as to the navigation of the ship; c of a member of the crew of any of the following which belongs to, or is being used for the purpose of, any of Her Majesty’s forces— i a hovercraft; ii a landing craft; iii a rigid-hulled inflatable boat; iv a raiding craft; v any other vessel, if it belongs to one of Her Majesty’s ships afloat; d as the ship control officer of the watch of one of Her Majesty’s submarines afloat; e as a member of the standing sea emergency party of one of Her Majesty’s ships afloat; f as a member of the harbour duty watch of one of Her Majesty’s ships; g as a member of the strategic weapons system harbour duty watch of one of Her Majesty’s submarines; h to supervise a hazardous seamanship evolution; i to supervise a maritime lifting operation; j as a member of a boarding party; k as a diver; l to supervise a diver; m of a person in relation to the handling or use on a ship, or the operation on or from it, of a depth-charge launcher, firearm, mortar, rocket or torpedo; n of a person handling, or supervising the handling of, explosives being loaded onto, carried on or in, or unloaded from a ship; o of an operator of an unmanned maritime system (surface or subsurface) under way; p to ensure any part of the following activities is carried out safely— i fuelling, or removing fuel from, a ship; ii loading cargo into a ship (including securing that cargo) or unloading cargo from a ship; or iii the maintenance of a ship. 2 In this regulation— “afloat” means not on shore; “hazardous seamanship evolution” means manoeuvring alongside another vessel or fixed or moving object, leaving harbour, launching or recovery of boats, replenishment at sea, towing operations or salvage operations; “Her Majesty’s submarines” means all of Her Majesty’s ships which are submarines; “maritime lifting operation” means the lifting or lowering of a load between one of Her Majesty’s ships and the shore using lifting equipment; and “unmanned maritime system (surface or subsurface)” means any remotely controlled ship that can be operated on or below the surface of the sea or navigable waters. Specified marine functions: civilians subject to service discipline 6 1 A role or activity is specified as a marine function for the purposes of section 93A(3A) and (3B) if— a it is carried out by a person who is a civilian subject to service discipline in the course of that person’s employment; and b it would be a duty specified as a marine function for the purposes of section 93A(3A) and (3B) by regulation 5(1) if it were carried out by a person subject to service law in the course of that person’s duty. 2 A role or activity is also specified as a marine function for the purposes of section 93A(3A) and (3B) if it is carried out for the purposes of any of Her Majesty’s forces by a person who is a civilian subject to service discipline acting as— a a professional master of a ship; b a professional pilot of a ship; or c a professional seaman in a ship. 3 In this regulation— a a person is a professional seaman only if that person is on duty as a professional seaman; and b a master, pilot or seaman is professional if (and only if) that person acts as master, pilot or seaman in the course of a business or employment. Gordon Messenger Tobias Ellwood Members of the Defence Council Ministry of Defence 12th November 2018