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Mr Don Touhig
63
Schedule 12, page 227, line 13, leave out 'the Reserve Forces Act 1996 (c. 14)' and insert 'that Act'.
Mr Don Touhig
64
Schedule 12, page 227, line 16, at end insert—
| '1A | | In section 24(2) of that Act (commitment to a period of full-time service) omit paragraph (b). |
| 1B | | In section 25(2) of that Act (additional duties commitments)— |
(b) in paragraph (b), for "while subject to service law, shall" substitute "shall, from any time specified in the commitment as the time at which he is to begin that period of duty until released from duty,".
| 1C | | In section 27 of that Act (voluntary training and other duties) omit subsection (3). |
| 1D | | In each of sections 53, 55 and 57 of that Act (maximum duration of service on call-out), in subsection (8)— |
(a) at the end of paragraph (a) insert "or";
| 1E | | After section 53 of that Act insert— |
"53A Agreement to alter limits in section 53
(1) This section applies to a person if—
| (a) | he is not in service under a call-out order under section 52; and |
| (b) | if accepted into service under such a call-out order, he would be immediately entitled to release under section 53(6) or (10). |
(2) The person may agree in writing that, if he is accepted into service under a call-out order under section 52, in calculating when he is entitled to be released by virtue of section 53(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.
(3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 52, section 53 shall apply in his case as if for the period of 3 years specified in subsection (6) there were substituted a shorter period specified in the agreement.
(4) If an order under section 53(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 3 years were to the period of 5 years."
| 1F | | After section 55 of that Act insert— |
"55A Agreement to alter limits in section 55
(1) This section applies to a person if—
| (a) | he is not in service under a call-out order under section 54; and |
| (b) | if accepted into service under such a call-out order, he would be immediately entitled to release under section 55(6) or (10). |
(2) The person may agree in writing that, if he is accepted into service under a call-out order under section 54, in calculating when he is entitled to be released by virtue of section 55(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.
(3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 54, section 55 shall apply in his case as if for the period of 12 months specified in subsection (6) there were substituted a shorter period specified in the agreement.
(4) If an order under section 55(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 12 months were to the period of 2 years."
| 1G | | After section 57 of that Act insert— |
"57A Agreement to alter limits in section 57
(1) This section applies to a person if—
| (a) | he is not in service under a call-out order under section 56; and |
| (b) | if accepted into service under such a call-out order, he would be immediately entitled to release under section 57(6) or (10). |
(2) The person may agree in writing that, if he is accepted into service under a call-out order under section 56, in calculating when he is entitled to be released by virtue of section 57(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.
(3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 56, section 57 shall apply in his case as if for the period of 9 months specified in subsection (6) there were substituted a shorter period specified in the agreement."
| 1H | | In section 66(2)(b) of that Act (persons who may be recalled) for "regular air force" substitute "Royal Air Force". |
| 1I | | In section 72 of that Act (release and discharge from service under recall order) omit subsections (5) and (6). |
| 1J | (1) | Section 95 of that Act (offences against orders and regulations under section 4) is amended as follows. |
(b) in the words after paragraph (e), omit "triable by court-martial or summarily by a civil court".
| (3) | After that subsection insert— |
"(1A) A member of a reserve force ("A") commits an offence if—
| (a) | a superior officer ("B"), in pursuance of orders or regulations under section 4, is acting in the execution of his office; |
| (b) | A's behaviour towards B is threatening or disrespectful; and |
| (c) | A knows or has reasonable cause to believe that B is a superior officer. |
(1B) For the purposes of subsection (1A)—
| (a) | "superior officer" has the same meaning as in the Armed Forces Act 2006; |
| (b) | section 11(3) of that Act (meaning of "behaviour" and "threatening") applies. |
(1C) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial)."
(a) in paragraph (a) for the words from "court-martial" to the end substitute "the Court Martial—
| (i) | in the case of an offence under subsection (1)(a) or (e) or (1A), to any punishment mentioned in rows 5 to 12 of the Table in section 163 of the Armed Forces Act 2006; |
| (ii) | in the case of an offence under subsection (1)(c) or (d), to any punishment mentioned in that Table, but any sentence of imprisonment or service detention imposed in respect of the offence must not exceed 51 weeks;"; |
| (ii) | after "(e)" insert "or (1A)". |
| (5) | For subsection (3) substitute— |
"(2A) 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 applies (ex-servicemen etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the reference to rows 5 to 12 were to rows 5 to 10."
| 1K | (1) | Section 96 of that Act (failure to attend for service on call out or recall) is amended as follows. |
| (2) | In subsection (1), for the words (after paragraph (c)) from "is guilty" to the end substitute "is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him)." |
| (3) | In subsection (3) for the words from "by court-martial" to the end substitute "summarily by a civil court (as well as being triable by the Court Martial)." |
| 1L | (1) | Section 97 of that Act (failure to attend for duty or training) is amended as follows. |
| (2) | In subsection (1), for the words (after paragraph (b)) from "is guilty" to the end substitute "is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him)." |
| (3) | In subsection (3) for the words from "by court-martial" to the end substitute "summarily by a civil court (as well as being triable by the Court Martial)."'. |
Mr Don Touhig
65
Schedule 12, page 227, line 17, leave out from beginning to 'subsection' in line 18 and insert—
| | '(1) | Section 98 of that Act (trial and punishment of offences of desertion or absence without leave) is amended as follows. |
(a) for the words from "section 37" to "1957" substitute "section 8 or 9 of the Armed Forces Act 2006";
(b) for "as well as by court-martial" substitute "(as well as being triable by the Court Martial)".
(a) for "court-martial" substitute "the Court Martial";
(b) for the words from "service law" to the end substitute "section 8 or 9 (as the case may be) of the Armed Forces Act 2006."
| (4) | In subsection (3)(b) for "service law of desertion or absence without leave" substitute "section 8 or 9 of the Armed Forces Act 2006". |
| (5) | In subsection (4)(a)— |
(a) for "court-martial" substitute "the Court Martial";
(b) for "service law of absence without leave" substitute "section 9 of the Armed Forces Act 2006".
Mr Don Touhig
66
Schedule 12, page 227, line 23, at end insert—
| '3A | | For section 100 of that Act (arrest of deserters etc) substitute— |
"100A Arrest by civilian police of deserters and absentees without leave
(1) An officer of a UK police force may arrest without warrant a person who is reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted or is absent without leave.
(2) If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.
(3) In subsection (2)—
"authorised person" means a person who has authority in England and Wales, Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected of an offence;
"relevant suspect" means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95.
(4) In this section "UK police force" has the meaning given by section 365 of the Armed Forces Act 2006."
| 3B | | Omit section 102 of that Act (record of illegal absence). |
| 3C | | In section 104 of that Act, omit subsection (3). |
| 3D | (1) | Section 105 of that Act (trial of offences by civil court) is amended as follows. |
| (2) | In subsection (1) for "which is triable by court-martial is also" substitute "is (as well as being triable by the Court Martial)". |
| (4) | In subsection (3) for "an offence under service law (other than an offence of desertion or absence without leave)" substitute "any service offence (other than an offence under this Act or an offence mentioned in section 98(1))". |
| 3E | | Omit section 106 of that Act.'. |
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