Armed Forces BillPage 20
(1)
This section applies where the Court Martial makes an order under
section 232A in respect of a relevant finding in relation to a qualifying
section 42 offence.
(2) 5For the purposes of the Court Martial Appeals Act 1968—
(a)
the order is to be treated as a sentence passed on the defendant
in respect of the offence; and
(b)
the defendant is to be treated for the purpose of enabling the
defendant to appeal against the order as if the defendant had
10been convicted of the offence by the court.
(3)
For the purposes of any appeal against the order, references in section
16A of the Court Martial Appeals Act 1968 to passing a sentence
include making an order.
(1)
15The Court Martial may vary or revoke an order under section 232A on
an application made by—
(a) a Provost Marshal; or
(b) the person subject to the order.
(2)
If subsection (3) applies, the Court Martial may vary or revoke an order
20under section 104 of SOA 2003 (sexual offences prevention order) on an
application made by—
(a) a Provost Marshal; or
(b) the person subject to the order.
(3)
This subsection applies if the person subject to the order under section
25104 of SOA 2003 (“the SOA order”) is also subject to an associated order
under section 232A and either—
(a)
the person is subject to service law or a civilian subject to service
discipline; or
(b)
the application is made together with an application for the
30variation or revocation of the associated order under section
232A.
(4)
An order may be varied under this section so as to extend the period for
which it has effect, or so as to impose additional prohibitions, only if—
(a)
in the case of an order under section 232A, the court is satisfied
35that the variation is necessary for the purpose of protecting the
service community outside the United Kingdom from serious
sexual harm from the person subject to the order (in which case
section 232A(4) applies accordingly);
(b)
in the case of an order under section 104 of SOA 2003, the
40requirements of section 108(5) of that Act are met (protection of
public in United Kingdom from serious sexual harm).
(5)
The Court Martial must not before the end of the relevant period revoke
an order under section 232A, or an order under section 104 of SOA
2003, without the consent of—
(a) 45the person subject to the order; and
(b) a Provost Marshal.
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(6)
In subsection (5) “the relevant period” means the period of five years
beginning with the day on which the order was made.
(7)
For the purposes of this section an order under section 104 of SOA 2003
and an order under section 232A are “associated” if they were made by
5the Court Martial or the Service Civilian Court in dealing with the same
offence or relevant finding.
(8)
This section is without prejudice to section 108 of SOA 2003
(application to civilian court for variation etc of a sexual offences
prevention order).
(1) A person may appeal to the Court Martial Appeal Court against—
(a)
the variation under section 232C of an order to which the person
is subject; or
(b)
a decision by the Court Martial not to vary or revoke such an
15order on an application under that section.
(2)
On an appeal under subsection (1), the Court Martial Appeal Court
may make—
(a)
such orders as may be necessary to give effect to its
determination of the appeal; and
(b) 20such incidental or consequential orders as appear to it to be just.
(1)
On an application made by a Provost Marshal, the Court Martial must
make an order under this section in respect of a person within
subsection (2) if the relevant requirements are met.
(2) 25The following are persons within this subsection—
(a) a member of the regular forces;
(b)
a member of the reserve forces (whether or not for the time
being subject to service law);
(c) a civilian subject to service discipline.
(3) 30The relevant requirements are met if the Court Martial is satisfied—
(a)
that the person is subject to an order under section 104 or 105 of
SOA 2003 (“the principal order”); and
(b)
that there are members of the service community outside the
United Kingdom who would, if in the United Kingdom, be
35protected by the principal order.
(4)
For the purposes of subsection (3)(b) a person (“P”) is “protected” by
the principal order if one or more of the prohibitions included in the
order are for the purposes of the protection of P, or of persons of a
description within which P falls.
(5) 40An order under this section—
(a)
prohibits the person subject to the order from doing anything
described in the order; and
(b) has effect—
(i) until the expiry of the principal order; or
(ii)
45if earlier, until the principal order is varied, renewed or
discharged under section 108 of SOA 2003.
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(6)
Only corresponding prohibitions may be included in an order under
this section.
(7)
For the purposes of subsection (6) a “corresponding prohibition” is a
prohibition in substantially the same terms as a prohibition in the
5principal order (“the principal prohibition”), subject to such
modifications as are necessary to secure that the prohibition is for the
purposes of the protection of members of the service community
outside the United Kingdom who would, if in the United Kingdom, be
protected by the principal prohibition.
(8)
10In subsection (7) “protected” is to be construed in accordance with
subsection (4).
(1)
A person may appeal to the Judge Advocate General against the
making of an order under section 232E in respect of the person.
(2)
15The Secretary of State may by rules make provision about appeals
under this section, and the rules may in particular make provision—
(a) specifying the grounds on which an appeal may be brought;
(b)
with respect to the procedure which is to apply in connection
with an appeal;
(c)
20with respect to the powers of the Judge Advocate General in
relation to an appeal.
(1)
A person within subsection (2) (“P”) commits an offence if, without
reasonable excuse, P does anything which P is prohibited from doing
25by an order under section 232A or 232E.
(2) The following are persons within this subsection—
(a) a person subject to service law;
(b) a civilian subject to service discipline.
(3)
A person guilty of an offence under this section is liable to any
30punishment mentioned in the Table in section 164, but any sentence of
imprisonment imposed in respect of the offence must not exceed five
years.
(4)
Where a person is convicted of an offence under this section, the court
that convicts him may vary or revoke the order to which the offence
35relates.”
(2)
In section 108 of the Sexual Offences Act 2003 (variation, renewal or discharge
of sexual offences prevention order), after subsection (8) insert—
“(9)
Subsection (1) does not apply where section 232C(3)(a) of the Armed
Forces Act 2006 (case where sexual offences prevention order in respect
40of person subject to service law, or civilian subject to service discipline,
may be varied etc by Court Martial) applies.”
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In section 277 of AFA 2006 (Service Civilian Court), for subsection (2)
substitute—
“(2)
5The Service Civilian Court may sit in any place, whether within or
outside the United Kingdom.”
(1)
In section 332 of AFA 2006 (restriction on administrative reduction in rank or
rate), for subsections (1) to (4) substitute—
“(1)
10The rank or rate of a warrant officer or non-commissioned officer may
be reduced only by an order made by that person’s commanding
officer.
(2)
An order of a commanding officer reducing the rank or rate of a
warrant officer or non-commissioned officer (“an order reducing rank
15or rate”)—
(a)
may not be made without the permission of higher authority
(but this is subject to subsection (3));
(b)
may not reduce the rank of a person in any of Her Majesty’s air
forces below the highest rank that person has held in that force
20as an airman.
(3)
The permission of higher authority is not required for an order
reducing rank or rate if—
(a)
the person whose rank is to be reduced is a lance corporal or
lance bombardier; or
(b)
25the commanding officer making the order is of or above the
rank of rear admiral, major-general or air vice-marshal.”
(2)
For the heading to that section, substitute “Administrative reduction in rank or
rate”.
(1)
30In section 335 of AFA 2006 (service complaints: role of Defence Council and
service complaint panels)—
(a)
in subsection (1), after “may,” insert “in the case of a service complaint
and”;
(b)
in subsection (2), for “The delegation under subsection (1) of a function”
35substitute “A decision by the Defence Council to delegate under
subsection (1)”;
(c) for subsection (3) substitute—
“(3) The Defence Council—
(a)
must determine the size of a service complaint panel
40(subject to section 336(2) and any provision made by
virtue of section 336(6) relating to the size of a panel);
and
Armed Forces BillPage 24
(b)
must appoint the members of a service complaint panel,
other than any members appointed by the Secretary of
State by virtue of section 336 or 336A.”; and
(d)
in subsection (4)(b), for “function of appointing members of service
5complaint panels” substitute “functions”.
(2)
Section 336 of AFA 2006 (composition and procedure of service complaint
panels) is amended as follows.
(3)
In subsection (1), for the words from “regulations” to the end substitute
“determination under this section, or regulations under this section or section
10336A, relating to independent members.”
(4) Omit subsection (3).
(5) After subsection (4) insert—
“(4A) The Defence Council may determine—
(a)
that a service complaint panel is to include a specified number
15of independent members;
(b)
that specified functions are to be exercised by independent
members of a service complaint panel.
(4B) A determination under subsection (4A) may relate to—
(a) a particular service complaint; or
(b)
20any service complaint of a description determined by the
Defence Council.
(4C)
The Defence Council may, to such extent and subject to such conditions
as they consider appropriate, delegate to a person employed in the civil
service of the State or an officer their function under subsection (4A) of
25determining—
(a)
whether a service complaint panel is to include independent
members (and, if so, how many);
(b)
whether particular functions are to be exercised by independent
members of a service complaint panel.
(4D) 30A delegation under subsection (4C) may relate to—
(a) a particular service complaint;
(b)
any service complaint of a description determined by the
Defence Council; or
(c) all service complaints.
(4E) 35The Defence Council may not—
(a)
make a determination under subsection (4A)(a) where a
requirement mentioned in subsection (6)(a)(i) or (ii) or section
336A(2)(a) applies;
(b)
make a determination under subsection (4A)(b) where a
40requirement mentioned in subsection (6)(a)(iii) or section
336A(2)(b) applies.”
(6) In subsection (6)—
(a)
for “The regulations” substitute “Regulations under subsection (5)(a)”;
and
Armed Forces BillPage 25
(b) for paragraph (a) substitute—
“(a)
impose, in the case of any service complaint of a
prescribed description, one or more of the following
requirements—
(i)
5a requirement for a service complaint panel to
include a prescribed number of independent
members;
(ii)
a requirement for all or a prescribed majority of
the members of a service complaint panel to be
10independent members;
(iii)
a requirement for prescribed functions to be
exercised by independent members of a service
complaint panel;”.
(7) After section 336 of AFA 2006 insert—
(1)
Regulations made by the Secretary of State may, in relation to any
service complaint of a prescribed description, make provision—
(a)
requiring the Defence Council to exercise their power under
section 335(1) to delegate to a service complaint panel all or any
20of the functions conferred on them by or under section 334; and
(b)
imposing one or more of the requirements mentioned in
subsection (2).
(2) Those requirements are—
(a)
a requirement for all or a prescribed majority of the members of
25the service complaint panel to be independent members;
(b)
a requirement for prescribed functions to be exercised by
independent members of the service complaint panel.
(3) In this section—
“independent member” has the same meaning as in section 336;
30“prescribed” means prescribed by regulations under this section;
“service complaint” has the same meaning as in section 334;
“service complaint panel” has the same meaning as in section 335.”
In section 365 of AFA 2006 (prosecuting officers)—
(a)
35in subsection (1), for “officers” (where it first occurs) substitute
“persons”;
(b) in subsection (2) for “An officer” substitute “A person”.
(1)
Schedule 15 to AFA 2006 (civilians subject to service discipline) is amended as
40follows.
(2) In paragraph 4(1), for paragraph (c) substitute—
“(c) either—
(i)
he is in a designated area, and his normal place of
work in that role is in that designated area; or
Armed Forces BillPage 26
(ii)
sub-paragraph (i) does not apply, but he is in a
designated area and he came there wholly or partly
for the purposes of his work in that role.”
(3) In paragraph 5(1), for paragraph (c) substitute—
“(c) 5either—
(i)
he is in a country outside the British Islands, and his
normal place of work under that employment is in
that country; or
(ii)
sub-paragraph (i) does not apply, but he is in a
10country outside the British Islands and he came there
wholly or partly for the purposes of his work under
that employment.”
(4) In paragraph 6(1), for paragraph (b) substitute—
“(b) either—
(i)
15he is in a designated area, and his normal place of
work for that organisation is in that designated area;
or
(ii)
sub-paragraph (i) does not apply, but he is in a
designated area and he came there wholly or partly
20for the purposes of work for that organisation.”
(5) In paragraph 10—
(a) in sub-paragraph (1)—
(i)
in paragraph (a), for “a relevant person outside the British
Islands” substitute “a qualifying person in a relevant country”;
(ii)
25in paragraph (b), for “outside the British Islands” substitute “in
that country”;
(b) in sub-paragraph (2)—
(i) for ““relevant person”” substitute ““qualifying person””;
(ii)
in paragraph (b), for “being in the British Islands” substitute
30“not being in a relevant country”;
(c) after sub-paragraph (2) insert—
“(3)
For the purposes of this paragraph, a country is “relevant” in
relation to a person employed as mentioned in paragraph 5 if
it is outside the British Islands and—
(a)
35is where that person’s normal place of work under
that employment is situated; or
(b)
is a country to which that person came wholly or
partly for the purposes of his work under that
employment.”
(6) 40After paragraph 13 insert—
“14
For the purposes of paragraphs 5(1)(c), 10 and 11, a territory that is
not within a country is to be treated as a country.”
(1) After section 371 of AFA 2006 insert—
(1)
Her Majesty may by warrant make provision with respect to protected
prisoners of war.
(2)
A Royal Warrant made under this section may in particular make
50provision in relation to protected prisoners of war which—
(a) applies any relevant provision, or
(b) is equivalent to that made by any relevant provision,
subject to such modifications as may be contained in the Royal
Warrant.
(3)
55In subsection (2) “relevant provision” means any provision of or made
under this Act (including any provision creating a service offence),
other than any provision of or made under Part 14, 15 or 16.
(4)
The Secretary of State must publish a Royal Warrant made under this
section in such a way as appears to the Secretary of State to be
60appropriate.
(5)
Section 373(5) (power to make supplementary provision etc) applies in
relation to Royal Warrants under this section.
(6) In this section “protected prisoner of war” means a person—
(a)
who is a protected prisoner of war within the meaning given by
65section 7 of the Geneva Conventions Act 1957; and
(b)
as respects whom the United Kingdom is the detaining power
for the purposes of the Geneva Convention relative to the
Treatment of Prisoners of War of 12 August 1949 (set out in the
Third Schedule to that Act).”
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(2)
In consequence of the provision made by subsection (1), section 56 of the Court
Martial Appeals Act 1968 (modifications of that Act for protected prisoners of
war) is repealed.
(1) In section 2 of the Military Lands Act 1900 (sea byelaws)—
(a) in subsection (2), omit paragraph (b) of the proviso;
(b) after subsection (2) insert—
“(2A) Before making any such byelaws the Secretary of State must—
(a)
10take all reasonable steps to ascertain whether the
byelaws would injuriously affect any public rights; and
(b)
be satisfied, in relation to every public right that the
Secretary of State considers would be injuriously
affected by the byelaws—
(i)
15that a restriction of the right is required for the
safety of the public or for the requirements of the
military purpose for which the area to which the
byelaws apply is used; and
Armed Forces BillPage 28
(ii)
that the restriction of the right imposed by the
byelaws is only to such extent as is reasonable in
all the circumstances of the case.”;
(c) omit subsection (3).
(2)
5In section 17(1) of the Military Lands Act 1892 (notice of byelaws), for the
words from “necessary” to the end substitute “appropriate”.
After section 9 of the Visiting Forces Act 1952 insert—
(1)
10This section applies where a claim is brought in a court in the United
Kingdom against a country to which this section applies (“the country
concerned”) and the claim is within subsection (2).
(2) A claim is within this subsection if—
(a) it is a claim in tort;
(b) 15it arises—
(i)
out of an act done by a member of a visiting force of the
country concerned, or of a civilian component of such a
force, in the performance of official duties; or
(ii)
out of any other act or occurrence for which a visiting
20force of the country concerned, or a civilian component
of such a force, is legally responsible;
(c) it is brought by a third party; and
(d) it is not an excluded claim.
(3)
Where this section applies the Secretary of State may, if requested to do
25so by the country concerned, make a declaration under this section.
(4)
A declaration under this section is a written declaration, signed by the
Secretary of State, which—
(a)
specifies the claim concerned and the matter to which it relates;
and
(b)
30states that, with effect from a time specified in the declaration,
any liability in tort of the country concerned in respect of that
matter is transferred to the Ministry of Defence.
(5)
A declaration under this section has the effect that the liability
mentioned in the declaration is transferred to the Ministry of Defence
35at the time specified in the declaration.
(6)
The Secretary of State must notify the country concerned and the
claimant where a declaration under this section has been made.
(7)
Section 9 does not apply to a claim in respect of which liability has been
transferred under this section.
(8) 40In this section—
“act” includes an omission;
“the Agreement” means the Agreement between the Parties to the
North Atlantic Treaty Regarding the Status of their Forces, done
in London on 19th June 1951;
Armed Forces BillPage 29
“excluded claim” means a claim to which, by virtue of paragraph
5(h) of Article VIII of the Agreement (certain claims arising from
ships and cargo), paragraph 5(a) of that Article does not apply;
“third party” means a person other than a member of a visiting
5force of the country concerned or of a civilian component of
such a force;
“tort” includes delict.
(9)
It is immaterial for the purposes of this section whether the country
concerned is the only defendant in relation to the claim mentioned in
10subsection (1).”
Schedule 2 (which makes provision enabling judge advocates to sit in the
Crown Court and magistrates’ courts) has effect.
15The Naval Medical Compassionate Fund Act 1915 ceases to have effect.
In section 56 of the Reserve Forces Act 1996 (call out for certain operations),
after subsection (1) insert—
“(1A) Where—
(a)
20work is approved in accordance with instructions issued by the
Defence Council under the Defence (Armed Forces)
Regulations 1939 as being urgent work of national importance,
and
(b)
the Defence Council have by order under those Regulations
25authorised members of any forces to be temporarily employed
in such work,
the Secretary of State may make an order authorising the calling out of
members of a reserve force for the purposes of carrying out such work.”
30Schedule 3 (minor amendments of service legislation) has effect.
(1) Schedule 4 (consequential amendments) has effect.
(2) Schedule 5 (repeals and revocations) has effect.
In this Act “AFA 2006” means the Armed Forces Act 2006.