Amendments proposed to the Armed Forces Bill - continued House of Commons

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Mr Don Touhig


*Schedule     12,     page     227,     line     25,     after '(1)' insert '— (i)'.


Mr Don Touhig


*Schedule     12,     page     227,     line     26,     at end insert—

            '(ii) for "under service law" substitute "a service offence";'.


Mr Don Touhig


*Schedule     12,     page     227,     line     31,     at end insert—

    '4A  In section 108 of that Act (evidence) for subsections (1) and (2) substitute—

          "(1A)   The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act.

          (1B)   Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament."

    4B  Omit section 124 of that Act (exemption from tolls etc).

    4C  Omit section 126 of that Act (amendments relating to transfers to reserves etc).'.


Mr Don Touhig


*Schedule     12,     page     227,     line     32,     leave out from beginning to 'subsection' and insert—

    '(1) Section 127 of that Act (interpretation) is amended as follows.

    (2) In subsection (1)—

            (a)   omit the definition of "regular air force";

            (b)   for the definition of "regular army" substitute—

            ""the regular army" has the meaning given by section 364 of the Armed Forces Act 2006;";

            (c)   in the definition of "regular services" for "regular air force" substitute "Royal Air Force";

            (d)   for the definition of "service law" substitute—

            ""service offence" has the meaning given by section 50 of the Armed Forces Act 2006;".

    (3) After'.


Mr Don Touhig


*Schedule     12,     page     227,     line     36,     at end insert—

          '(4)   Section 163(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act."'.


Mr Don Touhig


*Schedule     12,     page     228,     line     14,     leave out sub-paragraph (5) and insert—

    '(5) In paragraph 5—

            (a)   in sub-paragraph (1) omit "or recklessly";

            (b)   in sub-paragraph (2) for "subject to service law" substitute "a member of the reserve forces";

            (c)   in sub-paragraph (3) for the words from "has since" to the end substitute "becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 163 of the Armed Forces Act 2006.";

            (d)   after that sub-paragraph add—

          "(4)   For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.

        (5) Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces."

    (5A) In paragraph 6(1) for "a court-martial" substitute "the Court Martial".'.


Mr Don Touhig


*Schedule     12,     page     228,     line     15,     at end insert—

    '7  Omit Schedule 2 to that Act (deserters and absentees without leave).

     Omit Schedule 3 to that Act (evidence).

     Omit Schedule 7 to that Act (postponement of transfer to the reserves or discharge from the reserves).

    10  In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 and 23.

    11  In Schedule 10 to that Act (minor and consequential amendments) omit paragraphs 1 to 13 and 23.'.


Mr Don Touhig


*Clause     365,     page     185,     line     4,     leave out paragraph (b).


Mr Don Touhig


*Clause     368,     page     186,     line     36,     leave out 'enactments' and insert 'provisions'.


Mr Don Touhig


*Clause     368,     page     186,     line     36,     after 'repealed' insert 'or revoked'.


Mr Don Touhig


*Schedule     14,     page     232,     line     2,     at end insert—

      'Metropolitan Police Act 1860 (c. 135)

    A1  In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act on military land etc), for "subject to naval or marine or military or air force discipline" substitute "who are subject to service law, or are civilians subject to service discipline, within the meaning of the Armed Forces Act 2006".

      Naval and Marine Pay and Pensions Act 1865 (c. 73)

    A2  In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine pay and pensions according to Order in Council) for the words from "pay" to "thereof" substitute "pensions and grants".

    A3  In section 9 of that Act (Order in Council not to contain provision inconsistent with Naval Discipline Act), for the words from "pay" to the end substitute "pensions contained in the Armed Forces Act 2006."

      Naval Pensions Act 1884 (c. 44)

    A4  In section 2 of the Naval Pensions Act 1884 (application of certain enactments to Greenwich Hospital pensions), for "or section 128G of the Naval Discipline Act 1957" substitute "or section 349 of the Armed Forces Act 2006".

      Foreign Marriage Act 1892 (c. 23)

    A5  In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members of armed forces etc)—

            (a)   in subsection (1A)—

            (i) in paragraph (a)(i) for the words from "employed" to the end substitute "a relevant civilian who is employed in that territory; or";

            (ii) in paragraph (b) for "so prescribed" substitute "prescribed by Order in Council";

            (b)   after that subsection insert—

          "(1AA)   In subsection (1A)(a)(i) "relevant civilian" means a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006) of a description prescribed by Order in Council."

      Regimental Debts Act 1893 (c. 5)

    A6  In the Regimental Debts Act 1893, for the words "military law", in each place, substitute "service law".

    A7  In section 23 of that Act (application of Act to deserters etc), omit the words "is sentenced to death or".

    A8  In section 29 of that Act (definitions)—

            (a)   in the definition of "desert" for the words from "against paragraph (a)" to the end substitute "under section 8 of the Armed Forces Act 2006;";

            (b)   for the words after that definition substitute—

            ""Subject to service law" has the same meaning as in the Armed Forces Act 2006."

    A9  After that section insert—

          "29A   Application of Act to members of naval, marine or air forces

          (1)   Regulations may provide that any provision of this Act does not apply, or applies with prescribed modifications, in relation to a relevant person.

          (2)   In this section "relevant person" means a person subject to service law who is not a member of Her Majesty's military forces."

    A10  In section 33 of that Act (short title) for "Regimental Debts Act 1893" substitute "Debts (Deceased Servicemen etc) Act 1893".

      Uniforms Act 1894 (c. 45)

    A11  In section 4 of the Uniforms Act 1894 (interpretation)—

            (a)   in the definition of "Her Majesty's Military Forces", for "Army Act 1955" substitute "Armed Forces Act 2006";

            (b)   for the definition of "Her Majesty's Naval Forces" substitute—

            ""Her Majesty's Naval Forces" does not include any Commonwealth force."

      Criminal Evidence Act 1898 (c. 36)

    A12 (1) Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended as follows.

    (2) In subsection (1) omit the words from "including" to the end.

    (3) After that subsection insert—

          "(1A)   This Act applies in relation to service proceedings as it applies in relation to criminal proceedings before a court in England and Wales.

          (1B)   In this section "service proceedings" means proceedings before a court (other than a civilian court) in respect of a service offence; and "service offence" and "civilian court" here have the same meanings as in the Armed Forces Act 2006."

      Air Force (Constitution) Act 1917 (c. 51)

    A13  In section 2(1) of the Air Force (Constitution) Act 1917 (government, discipline and pay of the Royal Air Force)—

            (a)   omit ", pay, allowances,";

            (b)   after "Air Force", in the second place where it occurs, insert "(except pay and allowances)".'.


Mr Don Touhig


*Schedule     14,     page     232,     line     4,     leave out '4(3)' and insert '4'.


Mr Don Touhig


*Schedule     14,     page     232,     line     5,     at end insert—

    '(1A) In subsection (2)(ii), for the words from the beginning to "may" substitute "may, with his consent,".'.

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