Overseas Operations (Service Personnel and Veterans) Bill (HC Bill 117)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Defence, are published sep-
arately as Bill 117-EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Ben Wallace has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Overseas Operations (Service Personnel and Veter-
ans) Bill are compatible with the Convention rights.

Contents

  1. Part 1

    Restrictions on prosecution for certain offences

    1. Presumption against prosecution

      1. 1. Prosecutorial decision regarding alleged conduct during overseas operations

      2. 2. Presumption against prosecution

      3. 3. Matters to be given particular weight

      4. 4. Section 3: supplementary

    2. Consent to prosecution

      1. 5. Requirement of consent to prosecute

    3. General

      1. 6. “Relevant offence”

      2. 7. General interpretation etc

  2. Part 2

    Overseas operations: limitation periods and human rights

    1. Limitation

      1. 8. Restrictions on time limits to bring actions: England and Wales

      2. 9. Restrictions on time limits to bring actions: Scotland

      3. 10. Restrictions on time limits to bring actions: Northern Ireland

      4. 11. Court’s discretion to extend time in certain Human Rights Act proceedings

    2. Duty to consider derogation

      1. 12. Duty to consider derogation from Convention

  3. Part 3

    General

    1. 13. Power to make consequential provision

    2. 14. Extent

    3. 15. Commencement and application

    4. 16. Short title

    1. Schedule 1

      Excluded offences for the purposes of section 6

      1. Part 1

        Criminal conduct etc under armed forces legislation

      2. Part 2

        International Criminal Court Act 2001

      3. Part 3

        International Criminal Court (Scotland) Act 2001

      4. Part 4

        Provisions extending jurisdiction in respect of certain sexual
        offences

    2. Schedule 2

      Limitation periods: England and Wales

      1. Part 1

        Court’s discretion to disapply time limits

      2. Part 2

        Restriction of foreign limitation law

    3. Schedule 3

      Limitation periods: Scotland

      1. Part 1

        Court’s power to override time-limits

      2. Part 2

        Restriction of foreign limitation law

    4. Schedule 4

      Limitation periods: Northern Ireland

      1. Part 1

        Court’s discretion to disapply time limits

      2. Part 2

        Restriction of foreign limitation law

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