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require
parliamentary approval for the participation of Her Majesty’s
armed |
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forces in armed conflict and
for a declaration of war; and for connected |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
General
restriction on participation in armed conflict |
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Subject to sections 2
and 7(1),
Her Majesty’s armed forces shall not participate |
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in armed conflict unless
each House of Parliament has approved such |
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participation by a resolution
in accordance with the provisions of section 4(1)
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5 |
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2 |
Lawful
action in defence of members of the armed forces |
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Nothing in this Act shall
prevent or make illegal the taking of action by |
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members of Her Majesty’s
armed forces where that action is taken— |
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(a) |
following a lawful command,
or |
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(b) |
in accordance with lawful
rules of engagement, and |
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(c) |
in the immediate defence
of members of the Her Majesty’s armed |
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3 |
Report
relating to proposed participation |
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Where the Prime Minister
proposes that Her Majesty’s armed forces should |
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participate in armed conflict,
he shall lay before each House of Parliament a |
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(a) |
the reasons for the proposed
participation; |
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(b) |
the
legal authority for the proposed participation; and |
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(c) |
such information as he considers
it appropriate to make public about— |
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(i) |
the expected geographical
extent of the participation, |
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(ii) |
the expected duration of
the participation, and |
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(iii) |
the particular armed forces
that are expected to participate. |
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4 |
Resolutions
to approve proposed participation |
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(1) |
A resolution of either House
of Parliament under this section shall be |
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expressed in the form of
approval of a report laid before each House of |
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Parliament under section
3. |
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(2) |
A motion for a resolution
under this section in the House of Commons shall be |
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made by the Prime Minister. |
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5 |
Participation
in armed conflict in circumstances of urgency |
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(1) |
This section applies where
the Prime Minister has decided that participation by |
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Her Majesty’s armed
forces in armed conflict is a matter of urgency and should |
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be commenced before resolutions
of each House of Parliament under section |
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(2) |
If, when the Prime Minister
makes a decision in accordance with subsection (1), |
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Parliament stands prorogued
to a day after the end of the period of five days |
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beginning with the date on
which the decision is made, Her Majesty shall by |
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proclamation under the Meeting
of Parliament Act 1797 (c. 127) require |
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Parliament to meet on a specified
day within that period. |
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(3) |
If, when the Prime Minister
makes a decision in accordance with subsection (1), |
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the House of Commons stands
adjourned to a day after the end of the period |
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of five days beginning with
the date on which the decision is made, the Speaker |
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shall arrange for the House
to meet on a day during that period. |
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(4) |
If, when the Prime Minister
makes a decision in accordance with subsection (1), |
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the House of Lords stands
adjourned to a day after the end of the period of five |
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days beginning with the date
on which the decision is made, the Lord |
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Chancellor shall arrange
for the House to meet on a day during that period. |
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(5) |
In subsections (3) and (4),
a reference to the Speaker or the Lord Chancellor |
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includes a reference to a
person authorised by Standing Orders of the House of |
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Commons or of the House of
Lords to act in place of the Speaker or of the Lord |
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Chancellor in respect of
the recall of the House during adjournment. |
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(6) |
When the Prime Minister
makes a decision in accordance with subsection (1), |
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he shall, as soon as is reasonably
practicable after making his decision, lay |
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before each House of Parliament
a report setting out— |
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(a) |
the reasons for the participation
to which this section applies; |
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(b) |
the legal authority for the
participation to which this section applies; |
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(c) |
such information as he considers
it appropriate to make public about— |
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(i) |
the expected geographical
extent of the participation, |
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(ii) |
the expected duration of
the participation, and |
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(iii) |
the armed forces that are
expected to participate. |
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6 |
Resolutions
to approve participation to which section 5
applies |
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(1) |
A resolution of either House
of Parliament under this section shall be |
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expressed in the form of
approval of a report laid before each House of |
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Parliament under section
5(6). |
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(2) |
A motion for a resolution
under this section in the House of Commons shall be |
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made by the Prime Minister
as soon as is reasonably practicable after the next |
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meeting of that House after
he has made his decision to which section 5
applies. |
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7 |
Provisions
in case where resolution not come to |
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(a) |
a report has been laid before
each House of Parliament under section |
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(b) |
either House of Parliament
has not come to a resolution in accordance |
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with the provisions of section
6(1)
within a period of ten days |
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beginning with the day on
which the report is laid before each House |
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of Parliament under section
5(6),
and |
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(c) |
subsection (2) does not apply, |
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the
continued participation of Her Majesty’s armed forces in
the armed conflict |
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to which the report relates
shall be unlawful, except insofar as that continued |
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participation is necessary
as a precursor to the withdrawal of those armed |
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forces from the armed conflict. |
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(a) |
a report has been laid before
each House of Parliament under section |
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(b) |
either House of Parliament
has not come to a resolution in accordance |
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with the provisions of section
6(1)
within a period of ten days |
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beginning with the day on
which that report is laid before each House |
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of Parliament under section
5(6), |
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the
Prime Minister may lay a further report before each House of Parliament
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under section 5(6)
within a period of twenty days beginning with the day on |
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which the first report was
laid before each House of Parliament and each |
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House of Parliament may then
come to a resolution in relation to that further |
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report in accordance with
the provisions of section 6(1). |
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No declaration of war shall
be made by or on behalf of the United Kingdom |
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(a) |
the proposal to declare war
is contained in a report which has been laid |
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before each House of Parliament
under section 3
or 5(6),
and |
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(b) |
each House of Parliament
has come to a resolution in relation to that |
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report in accordance with
the provisions of section 4(1)
or 6(1). |
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9 |
Prime
Minister unable to act |
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Where the Prime Minister
is unable to act under this Act for any reason— |
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(a) |
his functions under sections
3,
5
and 7
may be undertaken by two or |
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more of Her Majesty’s
Principal Secretaries of State acting jointly, and |
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(b) |
his functions under sections
4
and 6
may be undertaken by one of Her |
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Majesty’s Principal
Secretaries of State. |
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Miscellaneous and final
provisions |
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10 |
“the Additional Protocols
of 1977” means— |
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(a) |
the Protocol, additional
to the Geneva Conventions of 12 |
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August 1949, relating
to the Protection of Victims of |
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International Armed
Conflicts (Protocol I) done on 10 June 1977, |
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the text of which is
set out in the Schedule 5 to the Geneva
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Conventions
Act 1957 (c. 52), and |
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(b) |
the Protocol, additional
to the Geneva Conventions of 12 |
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August 1949, relating
to the Protection of Victims of Non- |
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International Armed
Conflicts (Protocol II) done on 10 June |
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1977, the text of which
is set out in Schedule 6 to the Geneva
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“armed conflict”
means any use of force which gives rise, or may give rise, |
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to a situation of armed conflict
to which the Geneva Conventions of |
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1949 or the Additional Protocols
of 1977 apply; |
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“the Geneva Conventions
of 1949” has the same meaning as “the |
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scheduled conventions”
in section 7(1) of the Geneva Conventions
Act |
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“Her Majesty’s
armed forces” means— |
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“regular services”
means the Royal Navy, the Royal Marines, the regular |
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army or the regular air force; |
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“the reserve forces”
has the same meaning as in section 1(2) of the Reserve
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Forces
Act 1996 (c. 14) (power to maintain the reserve forces). |
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11 |
Short
title and commencement |
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(1) |
This Act may be cited as
the Armed Forces (Parliamentary Approval for |
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Participation in Armed Conflict)
Act 2005. |
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(2) |
This Act shall come into
force at the end a period of two months beginning with |
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the day on which this Act
is passed. |
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