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Mr Don Touhig
131
Schedule 15, page 241, line 29, column 2, at end insert—
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—
| 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—
| 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—
Mr Don Touhig
137
Schedule 15, page 241, line 46, column 2, at end insert—
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). |
| 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—
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—
| (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); |
| (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—
| Criminal Justice and Police Act 2001 (c.16) | Section 88(8)(j). |
| International Criminal Court Act 2001 (c.17) | Section 74. |
| 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—
Mr Don Touhig
148
Schedule 15, page 242, line 14, column 2, at end insert—
| (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). |
| 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—
| 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
53
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
Pay, bounty and allowances
Mr Don Touhig
NC12
To move the following Clause:—
'(1) Her Majesty may by warrant make provision with respect to pay, bounty and allowances for members of the regular or reserve forces.
(2) A Royal Warrant made under this section may in particular—
| (a) | provide for the way in which pay, bounty and allowances are to be paid; |
| (b) | impose conditions or restrictions on the making of such payments; |
| (c) | confer a discretion on any person. |
(3) Provision that may be made by virtue of subsection (2)(b) includes in particular provision authorising the making of a deduction from a payment to a person—
| (a) | in respect of anything (including any service) supplied to him; |
| (b) | in order to recover any overpayment or advance; or |
| (c) | in order to reclaim any relevant payment. |
(4) For the purposes of subsection (3)(c) a payment is "relevant" if—
| (a) | it was made on condition that it would or might be repayable in specified circumstances; and |
| (b) | any such circumstance has occurred. |
(5) A Royal Warrant under this section may not authorise the forfeiture of pay.
(6) A Royal Warrant under this section may not make provision about money distributable under the Naval Agency and Distribution Act 1864 (c.24).
(7) Section 363(5) (power to make supplementary provision etc) applies in relation to Royal Warrants under this section.
(8) A Royal Warrant under this section may be amended or revoked by a further Royal Warrant under this section.
(9) Nothing in this section prevents provision as to rates of allowances from being made otherwise than under this section.'.
Powers of the Criminal Cases Review Commission
Mr Don Touhig
NC13
To move the following Clause:—
'Schedule (Powers of the Criminal Cases Review Commission) (powers of the Criminal Cases Review Commission) has effect.'.
Protection of children of service families
Mr Don Touhig
NC14
To move the following Clause:—
'Schedule (Protection of children of service families) (amendments relating to protection of children of service families) has effect.'.
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