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 Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns


*Clause     355,     page     21,     line     178,     leave out 'may' and insert 'shall'.


Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns


*Clause     355,     page     31,     line     178,     at end insert—

    '(2A)   A person may not be appointed Director unless he has knowledge and experience in relation to military justice issues and an understanding of their relevance to the role of Her Majesty's forces.

    (2B)   The Secretary of State shall first consult with the Attorney General before tendering his recommendation to Her Majesty.'.


Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns


*Clause     355,     page     178,     line     31,     at end insert—

    '(2C)   The Secretary of State shall appoint a person to be Deputy Director of Service Prosecutions.

    (2D)   A person may be appointed as the Director of Service Prosecutions only if he—

      (a) has a five year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

      (b) is an advocate or solicitor in Scotland of at least five years' standing;

      (c) is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least five years' standing;

      (d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least five years, and is subject to punishment or disability for breach of professional rules;

      (e) is a member of the regular forces or the reserve forces who is rendering continuous full-time service;

      (f) holds a rank not lower than the rank of commander, lieutenant-colonel or wing commander.

    (2E)   The Deputy Director has all the powers of the Director but must exercise them subject to his direction and control.

    (2F)   A person appointed as Director holds office until the end of the year of service in which he attains the age of 65 or such later time as the Secretary of State may specify.

    (2G)   But the Director—

      (a) may resign by notice in writing to the Secretary of State, and

      (b) may be removed from office in accordance with section [Termination of appointment].

    (2H)   If the office of Director is vacant or the Director is not available to exercise his functions, the Deputy Director has all the functions of the Director.

    (2I)   If the office of Deputy Director becomes vacant, the Secretary of State may appoint a member of staff of the Service to act as Deputy Director, on such terms as to tenure as the Secretary of State determines, pending a new appointment.

    (2J)   The Secretary of State must pay to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such—

      (a) salary,

      (b) allowances, or

      (c) sums for the provision of pensions,

    as the Secretary of State may determine.'.


Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns


Clause     355,     page     178,     line     33,     at end insert 'in relation to matters not covered by this Act that are determined by the Secretary of State.'.


Mr Don Touhig


*Clause     363,     page     181,     line     40,     leave out 'section 372 or 373' and insert 'any of sections 371 to 373'.


Mr Don Touhig


*Clause     364,     page     183,     line     31,     after 'means' insert 'the Judge Advocate General or'.


Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns


Clause     364,     page     184,     line     21,     at end insert—

        '"service material"[1] refers to

      (a) portable and automatic firearms

      (b) artillery and smoke, gas and flame-throwing weapons, such as—

      (i) cannon, howitzers, mortars, artillery, anti-tank guns, rocket launchers, flame-throwers, recoilless guns;

      (ii) military smoke and gas guns.

      (c) ammunition for the weapons at subsections (a) and (b)

      (d) bombs, torpedoes, rockets and guided missiles—

      (i) bombs, torpedoes, grenades, including smoke grenades, smoke bombs, rockets, mines, guided missiles, underwater grenades, incendiary bombs;

      (ii) military apparatus and components specially designed for the handling, assembly, dismantling, firing or detection of the articles at subparagraph (i) above.

      (e) military fire control equipment

      (i) firing computers and guidance systems in infra-red and other night guidance devices;

      (ii) telemeters, position indicators, altimeters;

      (iii) electronic tracking components, gyroscopic, optical and acoustic;

      (iv) bomb sights and gun sights, periscopes for the equipment specified in this list.

      (f) tanks and specialist fighting vehicles—

      (i) tanks;

      (ii) military type vehicles, armed or armoured, including amphibious vehicles;

      (iii) armoured cars;

      (iv) half-tracked military vehicles;

      (v) military vehicles with tank bodies;

      (vi) trailers specially designed for the transportation of the ammunition specified at subsections (c) and (d) above

      (g) fuels and lubricants for any of Her Majesty's ships, Her Majesty's aircraft or vehicles at subsection (f)

      (h) toxic or radioactive agents—

      (i) toxic, biological or chemical agents and radioactive agents adapted for destructive use in war against persons, animals or crops;

      (ii) military apparatus for the propogation, detection and identification of substances at subparagraph (i) above;

      (iii) counter-measures material related to subparagraph (i) above;

      (i) powders, explosives and liquid or solid propellants—

      (i) powders and liquid or solid propellants specially designed and constructed for use with the materials at subsections (c), (d) and (h) above;

      (ii) military explosives;

      (iii) incendiary and freezing agents for military use.

      (j) warships and their specialist equipment—

      (i) warships of all kinds;

      (ii) equipment specially designed for laying, detecting and sweeping mines;

      (iii) underwater cables.

      (k) aircraft and equipment for military use

      (l) military electronic equipment

      (m) camera equipment specially designed for military use

      (n) other equipment and material—

      (i) parachutes and parachute fabric;

      (ii) water purification plant specially designed for military use;

      (iii) military command relay electrical equipment.

      (o) specialised parts and items of material included in this list in so far as they are of a military nature

      (p) machines, equipment and items exclusively designed for the study, manufacture, testing and control of arms, munitions and apparatus of an exclusively military nature included in this list

      (q) any other machines, equipment and items designed or adapted for warfare or connected purposes.'.

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Prepared 29 Mar 2006