Armed Forces (Flexible Working) Bill (HL Bill 68)

A

BILL

[AS AMENDED ON REPORT]

TO

Make provision for members of the regular forces to serve part-time or subject
to geographic restrictions.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Regular forces: part-time service and geographic restrictions

(1) The Armed Forces Act 2006 is amended as follows.

(2) Section 329 (terms and conditions of enlistment and service) is amended in
accordance with subsections (3) and (4).

(3) 5In subsection (2)—

(a) after paragraph (h) insert—

(ha) enabling a person to serve with a regular force on a part-
time basis;”, and

(b) for paragraphs (i) and (j) substitute—

(i) 10enabling a person’s service with a regular force to be
restricted to service in a particular area or to be subject
to other geographic restrictions;

(j) requiring a person serving subject to a geographic
restriction to serve without that restriction on a number
15of occasions not exceeding a prescribed maximum.”

(4) After subsection (3) insert—

(3A) A right conferred on a person by virtue of subsection (2)(ha) to (j) may
be varied, suspended or terminated in prescribed circumstances.”

(5) In section 373 (orders, regulations and rules), in subsection (3), after paragraph

Armed Forces (Flexible Working) BillPage 2

(e) insert—

(ea) regulations under section 329(1) which make provision of a
kind mentioned in section 329(2)(ha), (i), or (j),

(eb) regulations under section 329(3A),”.

2 5Consequential amendments

(1) The Juries Act 1974 is amended in accordance with subsections (2) to (4).

(2) In section 9(2A) and (2B) (excusal for members of armed forces), for “full-time
serving member of Her Majesty’s naval, military or air forces” substitute
“member of the regular forces”.

(3) 10In section 9A(1A), (1C) and (2B)(a) (discretionary deferral for members of
armed forces), for “full-time serving member of Her Majesty’s naval, military
or air forces” substitute “member of the regular forces”.

(4) In section 23(2) (interpretation), at the end insert—

  • ““regular forces” has the same meaning as in the Armed Forces
    15Act 2006 (see section 374 of that Act).”

(5) In Part 3 of Schedule 1 to the Law Reform (Miscellaneous Provisions)
(Scotland) Act 1980 (persons excusable as of right from jury service), in Group
C, for the words from “Full-time” to the end substitute “Members of the regular
forces within the meaning of the Armed Forces Act 2006 (see section 374 of that
20Act).”

3 Short title, commencement and extent

(1) This Act may be cited as the Armed Forces (Flexible Working) Act 2017.

(2) This section comes into force on the day on which this Act is passed.

(3) Sections 1 and 2 come into force on such day as the Secretary of State may
25appoint by regulations.

(4) Regulations under this section—

(a) are to be made by statutory instrument, and

(b) may make different provision for different purposes.

(5) Section 1 and this section extend to—

(a) 30England and Wales, Scotland and Northern Ireland,

(b) the Isle of Man, and

(c) the British overseas territories, except Gibraltar.

(6) The power under section 384(2) of the Armed Forces Act 2006 may be exercised
so as to modify sections 329 and 373 of that Act, as amended by section 1 of this
35Act, as it extends to the Isle of Man or a British overseas territory other than
Gibraltar.

(7) The power under section 384(1) of the Armed Forces Act 2006 may be exercised
so as to extend the amendments made by section 1 of this Act to any of the
Channel Islands (with or without modifications).

(8) 40In section 2—

(a) subsections (1) to (4) extend to England and Wales only, and

(b) subsection (5) extends to Scotland only.