Amendment Paper as at
Tuesday 28th March 2006
SELECT COMMITTEE
New Amendments handed in are marked thus *
ARMED FORCES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [20th March 2006].
Ordered,—
That the Order of the Committee [20th March 2006] be amended in line 2, leave out '113, Schedule 2, Clauses 114' and insert '112, Clauses 117 to 127, Clause 113, Schedule 2, Clauses 114 to 116, Clauses 128'
[Mr Don Touhig]]
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
30
Clause 116, page 56, line 45, at end insert—
| (a) | where a service policeman refers a case to the Director of Service Prosecutions ("the Director") in accordance with subsection (2), he shall immediately notify the person's commanding officer, setting out the basis for his submission to the Director. |
| (b) | where a case has been referred to the Director by the service policeman, the person's commanding officer may submit a report to the Director.'. |
Mr Don Touhig
34
Clause 142, page 69, line 14, after 'of' insert 'or on the staff of'.
Mr Don Touhig
35
Clause 142, page 69, line 17, leave out 'Chaplaincy' and insert 'Chaplains''.
Vera Baird
155
Clause 154, page 74, line 32, at end insert—
'( ) The number of persons comprising the Court Martial in subsection (1)(b) shall not be less than 5.'
Vera Baird
156
Clause 154, page 74, line 37, at end insert 'and may include, in prescribed circumstances, persons serving in a different Service from that to which the accused belongs.'.
Mr Don Touhig
36
Clause 155, page 75, line 15, after 'of' insert 'or on the staff of'.
Mr Don Touhig
37
Clause 155, page 75, line 18, leave out 'Chaplaincy' and insert 'Chaplains''.
Vera Baird
157
Clause 159, page 76, line 20, after 'majority', insert 'of not less than 80 per cent'.
Mr Don Touhig
38
Clause 162, page 77, line 37, at end insert—
| '(ga) | for appeals against any orders (including directions) of the court prohibiting or restricting the publication of any matter or excluding the public from any proceedings;'. |
Mr Don Touhig
39
Clause 162, page 78, line 25, at end insert—
'(8) Rules made by virtue of paragraph (ga) of subsection (3) may confer jurisdiction on the Court Martial Appeal Court, and rules under section 49 of the Court Martial Appeals Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of that paragraph.'.
Mr Don Touhig
54
Schedule 3, page 194, line 27, leave out 'and'.
Mr Don Touhig
55
Schedule 3, page 194, line 28, at end insert '; and—
(c) he remained a civilian throughout the period between committing the offence and being sentenced.'.
Mr Don Touhig
40
Clause 164, page 80, line 19, leave out 'subsection (1)' and insert 'this section'.
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
158
Clause 271, page 134, line 39, at end insert—
'(3) Within 30 days of a conviction of a person by court-martial the court-martial shall transmit a record of proceeding to the Court Martial Appeal Court.
(4) Upon receipt of a record of proceedings the Court Martial Appeal Court shall review the proceedings.
(5) Upon review of the proceedings the Court Martial Appeal Court may, irrespective of whether the accused has appealed against finding or sentence or both or not,
| (a) | quash the sentence passed by the Court Martial; or |
| (b) | pass in substitution for it any sentence which the Court Martial Appeal Court thinks is appropriate and which is a sentence that the Court Martial had the power to pass in respect of the offence; or |
Mr Don Touhig
56
Schedule 8, page 216, line 17, at end insert—
| '34A | | In section 33 (witnesses' expenses) after subsection (1) insert— |
"(1A) Subsection (1) applies in relation to a registered medical practitioner who makes a written report to the Appeal Court in pursuance of a request made by the court as it applies in relation to a person who is called to give evidence at the instance of the court."'.
Mr Don Touhig
57
Schedule 8, page 216, line 39, at end insert—
| '(j) | to give leave under section 14(4B) of the Criminal Appeal Act 1995 (leave to add grounds of appeal on reference by Criminal Cases Review Commission);".'. |
Mr Don Touhig
58
Schedule 8, page 217, line 40, leave out from beginning to 'subsection' and insert—
| '(1) | Section 48A (appeals on behalf of deceased persons) is amended as follows. |
| (2) | In subsection (1)(b) after "above" insert "or by a reference by the Criminal Cases Review Commission". |
Mr Don Touhig
59
Schedule 8, page 217, line 41, at end insert—
| '(4) | In subsection (4) at the beginning insert "Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission,".'. |
Mr Don Touhig
60
Schedule 8, page 218, line 22, at end insert—
'"the Judge Advocate General";'.
Mr Don Touhig
61
Schedule 8, page 218, line 34, leave out paragraph (e).
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
159
Clause 272, page 135, line 4, after 'if', insert 'within 30 days of sentencing'.
Mr Don Touhig
41
Clause 275, page 137, line 15, leave out 'or'.
Mr Don Touhig
42
Clause 275, page 137, line 17, at end insert '; or
| (c) | on a reference under section 12A of the Criminal Appeal Act 1995.'. |
Mr Don Touhig
43
Clause 326, page 163, line 14, leave out paragraph (k).
Mr Don Touhig
44
Clause 326, page 163, line 18, leave out subsection (4).
Mr Don Touhig
45
Clause 335, page 168, line 26, leave out from 'other Act' to end of line 27.
Mr Don Touhig
46
Clause 335, page 168, line 29, leave out from 'other Act' to end of line 33.
Mr Don Touhig
47
Clause 335, page 168, line 34, leave out 'or relevant instrument' and insert 'under section (Pay, bounty and allowances)'.
Mr Don Touhig
48
Clause 335, page 169, line 13, leave out from 'may' to 'which' in line 14 and insert 'also be deducted from any bounty, allowance or grant'.
Mr Don Touhig
49
Clause 335, page 169, line 16, leave out subsection (7).
Mr Don Touhig
62
Schedule 12, page 227, line 12, at end insert—
| A1 | | In section 10 of the Reserve Forces Act 1980 (call out for national danger) omit subsection (5). |
| A2 | | In section 11(2)(a) of that Act (call out for warlike operations), for "regular air force" substitute "Royal Air Force". |
| A3 | | In section 18(2) of that Act (permanent service call out of Army Reserve) omit paragraph (b). |
| A4 | | In section 19 of that Act (duration of Army Reserve permanent service)— |
(b) in subsection (5) for "subsections (3) and (4) above" substitute "subsection (3)".
| A5 | | In section 19A of that Act (postponement of discharge of members of Army Reserve during call out), for subsection (7) substitute— |
"(7) In subsections (3) to (5)—
"the competent military authority" means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;
"prescribed" means prescribed by regulations of the Defence Council."
| A6 | | In section 21 of that Act (duration of Air Force Reserve permanent service)— |
(b) in subsection (5) for "subsections (3) and (4) above" substitute "subsection (3)".
| A7 | | In section 21A of that Act (postponement of discharge of members of Royal Air Force Reserve during call out), for subsection (7) substitute— |
"(7) In subsections (3) to (5)—
"the competent air force authority" means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;
"prescribed" means prescribed by regulations of the Defence Council."
| A8 | | Omit section 24 of that Act (permanent service call out of Ulster Defence Regiment). |
| A9 | | Omit section 25 of that Act (emergency service call out of Ulster Defence Regiment). |
| A10 | | In section 26(2) of that Act (call out notices), omit paragraph (g). |
| A11 | | In section 30(2) of that Act (liability of naval and marine pensioners to recall), for "The enactments concerning" substitute "Provision made under section 328 of the Armed Forces Act 2006 that applies in relation to". |
| A12 | (1) | Section 31 of that Act (liability of army and air force pensioners to recall) is amended as follows. |
(a) in the definition of "service pension"—
| (i) | for "regular forces" substitute "regular army"; |
| (ii) | for "regular air force" substitute "Royal Air Force"; |
(b) for the words from "and other expressions" to the end substitute—
""soldier" and "airman" include a warrant officer and a non-commissioned officer."
| (3) | In subsection (7) for "those sections" substitute "this section and section 32". |
| A13 | (1) | Section 32 of that Act (occasion for and period of recall under section 31) is amended as follows. |
(a) in paragraph (a) for "regular forces or the regular air force" substitute "regular army or the Royal Air Force";
(b) in paragraph (b) for the words from "section 2 of the Army" to "require" substitute "regulations under section 325 of the Armed Forces Act 2006".
| (3) | In subsection (4)(a) for "as from which a person is recalled for" substitute "the person is accepted (by virtue of section 36) into". |
| (4) | For subsection (5) substitute— |
"(5) No regulation under section 326 of the Armed Forces Act 2006 as to the term for which a person may be enlisted affects the operation of subsections (3) and (4) of this section."
| A14 | | In section 34(3) of that Act (liability of certain former soldiers to recall)— |
(a) for "regular forces within the meaning of the Army Act 1955" substitute "regular army";
(b) in paragraph (a) for "specified in the notice" substitute "he is accepted into service".
| A15 | | In section 39(1)(a) of that Act (application of section 38) for "regular air force" substitute "Royal Air Force". |
| A16 | | Omit section 44 of that Act (requirement as to training of Ulster Defence Regiment). |
| A17 | | In section 48 of that Act (void enlistment in the regular forces)— |
(a) in the sidenote, for "regular forces" substitute "Royal Marines or regular army";
(b) for "Her Majesty's regular forces" substitute "the Royal Marines or the regular army".
| A18 | | Omit section 139 of that Act (enrolment etc of members of Ulster Defence Regiment). |
| A19 | | In section 140 of that Act (orders and regulations as to service in Ulster Defence Regiment)— |
(a) in the sidenote, for "acceptance and service" substitute "pensions and other grants";
(b) for subsections (1) and (2) substitute—
| (i) | for "Part of this Act" substitute "section"; |
| (ii) | in the words after paragraph (b) for "Part" substitute "section". |
| A20 | | Omit sections 141 to 144 of that Act (provisions relating to Ulster Defence Regiment). |
| A21 | | In section 145 of that Act (reinstatement in civil employment) omit subsection (2). |
| A22 | | In section 146 of that Act (protection of other civil interests) omit subsection (2). |
| A23 | (1) | Section 156 (interpretation) is amended as follows. |
(a) in the definition of "prescribed" after ""prescribed"" insert "(except in subsections (3) to (5) and (7) of sections 19A and 21A and in section 140)";
(b) omit the definition of "regular air force";
(c) for the definition of "regular army" substitute—
""the regular army" has the meaning given by section 364 of the Armed Forces Act 2006."
| A24 | (1) | Schedule 8 to that Act (saving and transitional provisions) is amended as follows. |
(a) omit sub-paragraph (2);
(b) omit sub-paragraph (5);
(c) in sub-paragraph (9) for "regular forces or for the regular air force" substitute "regular army or for the Royal Air Force".
| A25 | | In section 2(2)(a) of the Reserve Forces Act 1996 (membership of the reserve forces), for the words from "the Army Act 1955" to the end substitute "regulations made under section 328 of the Armed Forces Act 2006;". |
| A26 | | In section 4(1)(b) of that Act (orders and regulations concerning reserve forces), after "force" insert "(except pay, bounty and allowances)". |
| A27 | | Omit section 7 of that Act (provision with respect to pay, bounty and allowances). |
| A28 | | In section 13(7) of that Act (transfer of non-officers between reserve forces), for the words from "by or under" to the end substitute "under the Armed Forces Act 2006."'. |
