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Lords Amendments to the Defence Reform Bill


 
 

 

LORDS amendments to the

Defence Reform Bill

[The page and line references are to HL Bill 60, the bill as first printed for the Lords.]

Clause 33

1

Page 24, leave out line 21 and insert “single source contract regulations”

2

Page 24, line 34, leave out subsection (6) and insert—

 

“( )    

The provision that may be made under subsection (1) by virtue of section

 

42(2) includes power to specify penalties of different amounts according to

 

the value of the contract to which the contravention relates.”

3

Page 24, line 37, leave out subsection (7)

Clause 39

4

Page 26, line 38, leave out “regulations under this Part” and insert “single source

 

contract regulations”

Clause 42

5

Page 27, line 33, leave out subsection (4) and insert—

 

“(4)    

A statutory instrument containing—

 

(a)    

the first single source contract regulations,

 

(b)    

provision made by virtue of section 14(2), (6) or (8) (contracts to

 

which single source contract regulations apply), whether alone or

 

with other provision, or

 

(c)    

provision made by virtue of section 33 (amount of penalty),

 

whether alone or with other provision,

 

    

may not be made unless a draft of the instrument has been laid before, and

 

approved by a resolution of, each House of Parliament.

 

(5)    

Any other statutory instrument containing single source contract

 

regulations is subject to annulment in pursuance of a resolution of either

 

House of Parliament.”

 
 
Bill 19755/3

 
 

2

 

Before Clause 47

6

Insert the following new Clause—

 

“Report on volunteer reserve forces

 

In Part 11 of the Reserve Forces Act 1996 (reserve associations), after section

 

113 insert—

 

“113A

Duty to prepare report on volunteer reserve forces

 

(1)    

An association must prepare an annual report on the state of the

 

volunteer reserve forces so far as concerns the area for which the

 

association is established.

 

(2)    

A report on the state of the volunteer reserve forces is a report that

 

sets out the association’s assessment of the capabilities of the

 

volunteer reserve forces, having regard to the duties that may be

 

imposed on members of those forces by or under this Act or any

 

other enactment.

 

(3)    

The assessment referred to in subsection (2) must, in particular,

 

include the association’s views on the effect of each of the following

 

matters on the capabilities of the volunteer reserve forces—

 

(a)    

the recruiting of members for the volunteer reserve forces;

 

(b)    

the retention of members of those forces;

 

(c)    

the provision of training for those forces;

 

(d)    

the upkeep of land and buildings for whose management

 

and maintenance the association is responsible.

 

(4)    

A report under subsection (1) must also set out the association’s

 

assessment of the provision that is made as regards the mental

 

welfare of members and former members of the volunteer reserve

 

forces.

 

(5)    

An association must send a report under subsection (1) to the

 

Secretary of State—

 

(a)    

in the case of the first report, before the first anniversary of

 

the day on which the last Future Reserves 2020 report

 

prepared before the coming into force of this section was

 

presented to the Secretary of State, and

 

(b)    

in the case of subsequent reports, before the anniversary of

 

the day on which the first report was laid before Parliament

 

under subsection (6).

 

(6)    

On receiving a report under subsection (1), the Secretary of State

 

must lay a copy of it before Parliament.

 

(7)    

The duties under this section may, instead of being performed by

 

an association, be performed by a joint committee appointed under

 

section 116 by two or more associations in relation to their

 

combined areas.

 

(8)    

Where by virtue of subsection (7) a joint committee has the duty to

 

prepare a report—

 

(a)    

references in subsections (1) to (5) to an association are to be

 

read as if they were to the joint committee, and


 
 

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(b)    

section 117(1)(a) (power to regulate manner in which

 

functions are exercised) has effect as if the reference to

 

associations were to the joint committee.

 

(9)    

In subsection (5)(a), “Future Reserves 2020 report” means a report

 

prepared by the External Scrutiny Group on the Future Reserves

 

2020 programme.””

Clause 49

7

Page 31, line 35, at end insert—

 

“(2A)    

No statutory instrument containing an order under subsection (1) in

 

respect of Part 1 (with or without provision under subsection (4)) is to be

 

made unless a draft of the instrument has been laid before, and approved

 

by a resolution of, each House of Parliament.

 

(2B)    

Before a draft is laid before Parliament in accordance with subsection (2A),

 

the Secretary of State must—

 

(a)    

prepare and lay before Parliament a report on the options for

 

carrying out defence procurement, and

 

(b)    

publish the report.

 

(2C)    

A report on the options for carrying out defence procurement is a report

 

about—

 

(a)    

the arrangements of a kind mentioned in section 1 that the Secretary

 

of State proposes to make following the coming into force of that

 

section, and

 

(b)    

any other options for carrying out defence procurement that the

 

Secretary of State has considered as an alternative to those

 

proposed arrangements.

 

(2D)    

The report must include—

 

(a)    

an assessment of the impact of the proposed arrangements and the

 

other options, and

 

(b)    

any other information the Secretary of State considers appropriate

 

for the purpose of enabling a proper comparison to be made

 

between the proposed arrangements and the other options.

 

(2E)    

The report must deal with at least one other option under subsection

 

(2C)(b), namely the carrying out of defence procurement by the Secretary

 

of State in the way it is carried out at the time of the report.

 

(2F)    

In subsections (2B) to (2E) “defence procurement” has the meaning given

 

by section 1(8).”


 
 

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