Armed Forces Deployment (Royal Prerogative) Bill (HL Bill 34)

1 Pre-deployment approval

(1) The approval of the House of Commons shall be obtained for a conflict
decision following the passing of this Act.

(2) A conflict decision is a decision of Her Majesty’s Government to authorise the
5use of force by UK forces if the use of force—

(a) would be outside the United Kingdom, and

(b) would be regulated by the law of armed conflict.

(3) Approval for a conflict decision has been given if the decision is covered by an
approval given in the way set out in section 2.

(4) 10In this Act “UK forces” means forces from regular forces or the reserve forces
as defined in section 374 of the Armed Forces Act 2006 (definitions applying for
purposes of whole Act).

2 Process for approvals

(1) It is for the Prime Minister to start the process in relation to a proposed
15approval under this Act.

(2) The Prime Minister does that by laying before the House of Commons a report
setting out—

(a) the terms of the proposed approval, and

(b) the information about objectives, locations and legal matters that the
20Prime Minister thinks appropriate in the circumstances.

(3) The House of Commons gives the approval by resolving to approve the terms
set out in the Prime Minister’s report.

(4) The House of Commons may send a message to the House of Lords asking for
its opinion on whether the House should resolve to approve those terms.

(5) If a message is sent, no approval will be given less than one sitting day after the
day on which the House of Lords receives the message.

(6) 5“Sitting day” means a day on which the House of Lords sits.

3 Exceptions to requirement for approval: emergencies and security issues

(1) Approval is not required for a conflict decision if the emergency condition or
security condition in this section is met.

(2) The emergency condition is that—

(a) 10the conflict decision is necessary for dealing with an emergency, and

(b) for that reason, there is not sufficient time for an approval covering the
decision to be given before the decision is made.

(3) The security condition is that—

(a) the public disclosure of information about the conflict decision could
15prejudice one or both of the matters mentioned in subsection (4), and

(b) for that reason, it is not appropriate for an approval covering the
decision to be sought before the decision is made.

(4) The matters are—

(a) the effectiveness of activities which result from the decision or with
20which the decision is otherwise connected;

(b) the security or safety of—

(i) members of UK forces,

(ii) members of other forces directly or indirectly assisting UK
forces, or

(iii) 25other persons directly or indirectly assisting UK forces or other
forces within sub-paragraph (ii).

(5) It is for the Prime Minister to determine if the emergency condition or the
security condition is met.

(6) In coming to a determination, the Prime Minister should, if feasible, consult the
30chair of any committee the Prime Minister thinks appropriate.

(7) Subsections (8) to (11) apply if the Prime Minister determines that the
emergency condition or the security condition is met.

(8) The Prime Minister should, as soon as feasible, inform the chair of any
committee the Prime Minister thinks appropriate.

(9) 35The Prime Minister should lay before the House of Commons a report—

(a) giving reasons why the Prime Minister made the determination about
the emergency condition or the security condition, and

(b) setting out, in relation to the conflict decision in question, the
information about objectives, locations and legal matters that the Prime
40Minister thinks appropriate in the circumstances.

(10) The report should be laid within 30 days after the day on which the conflict
decision is made.

(11) But, in a case involving the security condition, the report does not have to be
laid so long as the Prime Minister is satisfied—

(a) that the circumstances set out in subsection (3)(a) continue to exist or
that the laying of the report could prejudice national security or the
5United Kingdom’s international relations, and

(b) that for that reason, it is not appropriate to lay the report.

4 Exceptions to requirement for approval: special forces

(1) Approval is not required for a conflict decision if the decision covers one or
both of the following only—

(a) 10members of special forces,

(b) other members of UK forces for the purpose only of their directly or
indirectly assisting activities of special forces.

(2) “Special forces” means any forces the maintenance of whose capabilities is the
responsibility of the Director of Special Forces or which are for the time being
15subject to the operational command of that Director.

5 Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) The provisions of this Act shall come into force on the day on which it is
passed.

(3) 20This Act may be cited as the Armed Forces Deployment (Royal Prerogative)
Act 2015.