Vote Bundle Text (960316-12)

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

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Mr Don Touhig

131

*Schedule 15, page 241, line 29, column 2, at end insert—

'Section 104(3).

Section 105(2).

Section 106.'.

Mr Don Touhig

132

*Schedule 15, page 241, line 32, column 2, after '123' insert 'and 124'.

Mr Don Touhig

133

*Schedule 15, page 241, line 32, column 2, at end insert—

'Section 126.

In section 127(1), the definition of "regular air force".'.

Mr Don Touhig

134

*Schedule 15, page 241, line 36, column 2, at end insert—

'Schedules 2 and 3.

Schedule 7.

In Schedule 9, in Part 2, paragraphs 22 and 23.

In Schedule 10, paragraphs 1 to 13 and 23.'.

Mr Don Touhig

135

*Schedule 15, page 241, column 2, leave out lines 38 and 39 and insert—

'Section 79(5) and (6).'.

Mr Don Touhig

136

*Schedule 15, page 241, line 40, column 2, at end insert—

'Section 6(2).'.

Mr Don Touhig

137

*Schedule 15, page 241, line 46, column 2, at end insert—

'Section 36(6).'.

Mr Don Touhig

138

*Schedule 15, page 241, line 48, column 2, leave out 'and 103' and insert 'to 107 and 110'.

Mr Don Touhig

139

*Schedule 15, page 241, line 51, column 2, leave out '13' and insert '15'.

Mr Don Touhig

140

*Schedule 15, page 241, column 2, leave out lines 52 and 53 and insert—

'In section 34, in subsection (2)(d) the word "and" at the end, and subsection (3).'.

Mr Don Touhig

141

*Schedule 15, page 241, line 53, at end insert—

'Human Rights Act 1998 (c.42) Section 21(5).

Section 22(7).

Youth Justice and Criminal Evidence Act 1999 (c.23) Section 68(10).'.

Mr Don Touhig

142

*Schedule 15, page 242, column 2, leave out lines 2 to 5 and insert—

'The whole Act.'.

Mr Don Touhig

143

*Schedule 15, page 242, line 5, at end insert—

'Powers of Criminal Courts (Sentencing) Act 2000 (c.6) In section 134, in subsections (1) and (2) the words "or award".'.

Mr Don Touhig

144

*Schedule 15, page 242, line 6, column 2, at beginning insert—

'In section 30—

(a) in subsection (1), in the definition of "guardianship order" the words from "the Army" to "1957 or", and in the definition of "qualifying sentence" paragraph (f);

(b) subsection (2);

(c) in subsection (3), the words ", or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court,".

In section 33(7), in the definition of "order for admission to hospital", paragraph (a).

In section 42, in subsection (1) the definition of "armed forces offence", and subsection (2).'.

Mr Don Touhig

145

*Schedule 15, page 242, line 9, at end insert—

'Section 81(2)(h).

Criminal Justice and Police Act 2001 (c.16) Section 88(8)(j).

International Criminal Court Act 2001 (c.17) Section 74.

Section 79(5).

In Schedule 10, the entries relating to the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.'.

Mr Don Touhig

146

*Schedule 15, page 242, line 10, column 2, at end insert—

'Section 13(2) and (3).'.

Mr Don Touhig

147

*Schedule 15, page 242, line 12, column 2, at end insert—

'Section 26(4).

Section 28(3) to (5).'.

Mr Don Touhig

148

*Schedule 15, page 242, line 14, column 2, at end insert—

'In section 35—

(a) in subsection (2), paragraphs (a) and (b) and in paragraph (c) the words "or 31(3)" and "or 31(6)(c)";

(b) subsection (3)(a)(i), (ii), (iv) and (v) (except the "or" at the end of (v)) and (b)(i).

Section 36(1) and (3)(a), (d) and (e).'.

Mr Don Touhig

149

*Schedule 15, page 242, line 17, leave out '25' and insert '27'.

Mr Don Touhig

150

*Schedule 15, page 242, line 17, at end insert—

'Justice (Northern Ireland) Act 2002 (c.26) In Schedule 4, paragraphs 10 to 12.

Commonwealth Act 2002 (c.39) In Schedule 2, paragraph 1.

Communications Act 2003 (c.21) In Schedule 17, paragraphs 23, 24 and 26.

Extradition Act 2003 (c.41) Section 3(6).

Section 71(8).

Section 73(9).

Sexual Offences Act 2003 (c.42) In section 81(3)(b), the words "or a term of service detention".

In section 133(1), the definition of "term of service detention".

In Schedule 3, in paragraph 93(2) the word "service".

In Schedule 6, paragraphs 9, 10 and 12.'.

Mr Don Touhig

151

*Schedule 15, page 242, line 18, at end insert—

'Section 272(2) and (3).

In section 337(13), in paragraph (a) sub-paragraphs (i) to (iii), (v), (vii) and (viii), and paragraph (b).

In Schedule 1, paragraph 15.

In Schedule 3, paragraphs 37, 38, 40 and 65.

In Schedule 7, paragraphs 5 to 7.

In Schedule 25, paragraphs 36 to 51.

In Schedule 32, paragraphs 19, 140, 155 to 157 and 162.

In Schedule 36, paragraphs 81 to 84.

Domestic Violence, Crime and Victims Act 2004 (c.28) In Schedule 3, paragraphs 1 to 5, 9, 10, 14(3) and 15.

Constitutional Reform Act 2005 (c.4) In Schedule 11, in Part 2, in paragraph 4(3) the entries relating to the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

In Schedule 14, in Part 1, in the table the entry relating to the Judge Advocate of Her Majesty's Fleet.

Serious Organised Crime and Police Act 2005 (c.15) Section 170.

In Part 3 of Schedule 7, paragraph 50.'.

Mr Don Touhig

*Clause 374, page 189, line 4, at end insert—

'(2) The provision as so applied is to be treated for the purposes of section 373 as if it were contained in this Act.'.

NEW CLAUSES

Misconduct towards a subordinate

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC1

*To move the following Clause:—

'(1) A person subject to service law commits an offence if—

(a)	he uses violence against a person who by reason of rank or appointment is subordinate to him ("B"); and

(b)	he knows or has reasonable cause to believe that B is a subordinate.

(2) A person subject to service law commits an offence if—

(a)	his behaviour towards a person who is by reason of rank or appointment subordinate to him ("B") is threatening or disrespectful; and

(b)	he knows or has reasonable cause to believe that B is a subordinate.

(3) For the purposes of this section—

(a)	the behaviour of a person ("A") towards another person ("B") includes any communication made by A to B (whether or not in B's presence);

(b)	"threatening" behaviour is not limited to behaviour that threatens violence.

(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed—

(a)	in the case of an offence under subsection (1), or an offence under subsection (2) of behaviour that is threatening, ten years;

(b)	in any other case, two years.'.

Inaccurate certification

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC2

*To move the following Clause:—

'(1) A person subject to service law or a civilian subject to service discipline commits an offence if—

(a)	he gives a certificate, makes or signs a record or makes an entry in a record without having ensured its accuracy; and

(b)	that certificate, record or entry relates to—

(i)	any matter relating to the seaworthiness or fighting efficiency of any of Her Majesty's ships;

(ii)	any matter relating to the airworthiness or fighting efficiency of any of Her Majesty's aircraft

(iii)

any matter relating to the safety or fighting efficiency of any service material.

(2) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.'.