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bruneilawsby aturio
In force1984 Revised Edition
Contents

Part 9

208. Power of His Majesty the Sultan and Yang Di-Pertuan* to make regulations

(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]

Royal Brunei Armed Forces

(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]

Royal Brunei Armed Forces 148

(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).

Report

Read on from s 209

Schedules