A court or tribunal exercising its discretion under section 7(5)(b) in respect of overseas armed forces proceedings must do so—
The court or tribunal must have particular regard to—
In subsection (2) references to "the operational context" are to the fact that the events to which the proceedings relate took place in the context of overseas operations, and include references to the exceptional demands and stresses to which members of Her Majesty's forces are subject.
The rule referred to in subsection (1)(b) is that overseas armed forces proceedings must be brought before the later of—
In subsection (4), the "date of knowledge" means the date on which the person bringing the proceedings first knew, or first ought to have known, both—
"Overseas armed forces proceedings" means proceedings—
"Overseas operations" means any operations outside the British Islands, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of Her Majesty's forces come under attack or face the threat of attack or violent resistance.
In this section the reference to the British Islands includes the territorial sea adjacent to the United Kingdom and the territorial sea adjacent to any of the Channel Islands or the Isle of Man.
In this section "Her Majesty's forces" has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).