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

50

Clause     365,     page     185,     line     4,     leave out paragraph (b).

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Mr Don Touhig

51

Clause     368,     page     186,     line     36,     leave out 'enactments' and insert 'provisions'.

   

Mr Don Touhig

52

Clause     368,     page     186,     line     36,     after 'repealed' insert 'or revoked'.

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Mr Don Touhig

74

Schedule     14,     page     232,     line     2,     at end insert—

'Metropolitan Police Act 1860 (c.135)

A1

In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act on military land etc), for "subject to naval or marine or military or air force discipline" substitute "who are subject to service law, or are civilians subject to service discipline, within the meaning of the Armed Forces Act 2006".

Naval and Marine Pay and Pensions Act 1865 (c.73)

A2

In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine pay and pensions according to Order in Council) for the words from "pay" to "thereof" substitute "pensions and grants".

A3

In section 9 of that Act (Order in Council not to contain provision inconsistent with Naval Discipline Act), for the words from "pay" to the end substitute "pensions contained in the Armed Forces Act 2006."

Naval Pensions Act 1884 (c.44)

A4

In section 2 of the Naval Pensions Act 1884 (application of certain enactments to Greenwich Hospital pensions), for "or section 128G of the Naval Discipline Act 1957" substitute "or section 349 of the Armed Forces Act 2006".

Foreign Marriage Act 1892 (c.23)

A5

In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members of armed forces etc)—

(a)   in subsection (1A)—

(i)	in paragraph (a)(i) for the words from "employed" to the end substitute "a relevant civilian who is employed in that territory; or";

(ii)	in paragraph (b) for "so prescribed" substitute "prescribed by Order in Council";

(b)   after that subsection insert—

    "(1AA)   In subsection (1A)(a)(i) "relevant civilian" means a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006) of a description prescribed by Order in Council."

Regimental Debts Act 1893 (c.5)

A6

In the Regimental Debts Act 1893, for the words "military law", in each place, substitute "service law".

A7

In section 23 of that Act (application of Act to deserters etc), omit the words "is sentenced to death or".

A8

In section 29 of that Act (definitions)—

(a)   in the definition of "desert" for the words from "against paragraph (a)" to the end substitute "under section 8 of the Armed Forces Act 2006;";

(b)   for the words after that definition substitute—

""Subject to service law" has the same meaning as in the Armed Forces Act 2006."

A9

After that section insert—

    "29A   Application of Act to members of naval, marine or air forces

    (1)   Regulations may provide that any provision of this Act does not apply, or applies with prescribed modifications, in relation to a relevant person.

    (2)   In this section "relevant person" means a person subject to service law who is not a member of Her Majesty's military forces."

A10

In section 33 of that Act (short title) for "Regimental Debts Act 1893" substitute "Debts (Deceased Servicemen etc) Act 1893".

Uniforms Act 1894 (c.45)

A11

In section 4 of the Uniforms Act 1894 (interpretation)—

(a)   in the definition of "Her Majesty's Military Forces", for "Army Act 1955" substitute "Armed Forces Act 2006";

(b)   for the definition of "Her Majesty's Naval Forces" substitute—

""Her Majesty's Naval Forces" does not include any Commonwealth force."

Criminal Evidence Act 1898 (c.36)

A12

(1)

Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended as follows.

(2)	In subsection (1) omit the words from "including" to the end.

(3)	After that subsection insert—

    "(1A)   This Act applies in relation to service proceedings as it applies in relation to criminal proceedings before a court in England and Wales.

    (1B)   In this section "service proceedings" means proceedings before a court (other than a civilian court) in respect of a service offence; and "service offence" and "civilian court" here have the same meanings as in the Armed Forces Act 2006."

Air Force (Constitution) Act 1917 (c.51)

A13

In section 2(1) of the Air Force (Constitution) Act 1917 (government, discipline and pay of the Royal Air Force)—

(a)   omit ", pay, allowances,";

(b)   after "Air Force", in the second place where it occurs, insert "(except pay and allowances)".'.

   

Mr Don Touhig

75

Schedule     14,     page     232,     line     4,     leave out '4(3)' and insert '4'.

   

Mr Don Touhig

76

Schedule     14,     page     232,     line     5,     at end insert—

'(1A)

In subsection (2)(ii), for the words from the beginning to "may" substitute "may, with his consent,".'.

   

Mr Don Touhig

77

Schedule     14,     page     232,     line     6,     at beginning insert 'In subsection (3)—

(a)   '.

   

Mr Don Touhig

78

Schedule     14,     page     232,     line     14,     leave out '(3)' and insert '(b)'.

   

Mr Don Touhig

79

Schedule     14,     page     232,     line     15,     at end insert—

'Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)

1A

In Regulation 6 of the Defence (Armed Forces) Regulations 1939—

(a)   for "the Naval Discipline Act, military law or air-force law" substitute "service law within the meaning of the Armed Forces Act 2006";

(b)   omit the words from "within the meaning of" to the end;

and the text of the Regulation set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act 1959 (c.19) is amended accordingly.'.

   

Mr Don Touhig

80

Schedule     14,     page     232,     line     28,     at end insert—

'Visiting Forces Act 1952 (c.67)

3A

(1)

Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and absentees of visiting forces) is amended as follows.

(2)	In subsection (1)—

(a)   for the words from "sections one hundred and eighty-six" to "regular forces)" substitute "sections 312 to 315 of the Armed Forces Act 2006 (which relate to the apprehension and transfer to service custody of deserters and absentees without leave who are subject to service law)";

(b)   for "from the regular forces" substitute "who are subject to service law".

(3)	In subsection (2) for the words from "the said sections" to "eighty-eight" substitute "sections 312 and 313 of that Act".

(4)	For subsection (3) substitute—

    "(3)   In sections 313 to 315 of that Act as applied by subsection (1) above—

(a)	references to the transfer of a person to service custody are to be read as references to the handing over of that person to such authority of the country to which he belongs, at such place in the United Kingdom, as may be designated by the appropriate authority of that country;

(b)	references to the taking of a person into service custody are to be read as references to the taking of a person into the custody of such authority of the country to which he belongs as may be designated by the appropriate authority of that country."

3B

In section 14 of that Act (evidence for purposes of section 13) for "Army Act 1955" substitute "Armed Forces Act 2006".

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c.58)

3C

(1)

Section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (records of births, marriages and deaths among armed forces etc overseas) is amended as follows.

(2)	In subsection (1)—

(a)   omit the words ", or among the families of";

(b)   for paragraph (b) substitute—

"(b)	civilians subject to service discipline."

(3)	In subsection (3)—

(a)   for the words from ", or the family" to "of this section" substitute "a civilian subject to service discipline";

(b)   for "more particular description" substitute "particular description of such civilians".

(4)	For subsection (5) substitute—

    "(6)   In this section "civilian subject to service discipline" has the same meaning as in the Armed Forces Act 2006."

3D

In section 2(1) of that Act (records of births and deaths in HM ships and aircraft etc)—

(a)   omit paragraphs (a) and (b);

(b)   in paragraph (c) for "such an aircraft" substitute "one of Her Majesty's aircraft (as defined by paragraph 1(4) of Schedule 13 to the Armed Forces Act 2006)".

3E

In section 4 of that Act (validation of certain entries)—

(a)   in subsection (1) for the words from "of any description" to "section one of this Act" substitute "within subsection (1A) below";

(b)   after that subsection insert—

    "(1A)   A person is within this subsection if—

(a)	he serves Her Majesty in, or is otherwise employed in any capacity connected with, Her Majesty's naval, military or air forces; or

(b)	he belongs to or is employed by any organisation concerned with the welfare of members of those forces."

3F

In section 5(1)(b) of that Act (registration of births of legitimated persons), for the words from "a person of" to the end substitute "a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006),".

Public Records Act 1958 (c.51)

3G

In Schedule 1 to the Public Records Act 1958 (definition of public records), in paragraph 4(1), after paragraph (f) insert—

"(fa)   records of the Court Martial, the Summary Appeal Court or the Service Civilian Court;".'.

Prepared 29 Mar 2006