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Index of Amendments

          

Amendment Paper as at
Thursday 30th 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].

   

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 Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

172

*Clause     335,     page     168,     line     29,     leave out from '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 Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

173

*Clause     335,     page     168,     line     34,     leave out 'Royal Warrant or'.

   

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).


   

Vera Baird

162

*Clause     337,     page     171,     line     28,     after 'persons', insert '(including, in the case of an inquiry into a death, the next of kin of the deceased)'.


   

Mr Don Touhig

62

Schedule     12,     page     227,     line     12,     at end insert—

      'Reserve Forces Act 1980 (c.9)

    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)—

            (a)   omit subsection (4);

            (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)—

            (a)   omit subsection (4);

            (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.

    (2) In subsection (6)—

            (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.

    (2) In subsection (3)—

            (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—

          "(1)   The conditions as to pensions and other grants in respect of death or disablement arising out of service in the Ulster Defence Regiment shall be such as may be prescribed by orders or regulations.

          (1A)   The reference in subsection (1) to service in the Ulster Defence Regiment includes service in the regular army by a relevant person during the relevant period.

          (1B)   In subsection (1A)—

            "regular army" has the meaning given by section 364 of the Armed Forces Act 2006;

            "relevant person" means a person who, immediately before 1 July 1992, was a member of the Ulster Defence Regiment;

            "relevant period", in relation to a relevant person, means the period beginning with 1 July 1992 and ending at the end of his term of service which was current on that date.";

            (c)   in subsection (3)—

            (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.

    (2) In subsection (1)—

            (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."

    (3) Omit subsection (2).

    A24 (1) Schedule 8 to that Act (saving and transitional provisions) is amended as follows.

    (2) Omit paragraph 5(3).

    (3) Omit paragraph 10.

    (4) In paragraph 16—

            (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".

    (5) Omit paragraph 19.

      Reserve Forces Act 1996 (c.14)

    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."'.

   

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)—

            (a)   omit paragraph (a);

            (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";

            (b)   omit paragraph (b).

    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.

    (2) In subsection (1)—

            (a)   omit paragraph (b);

            (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)."

    (4) In subsection (2)—

            (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;";

            (b)   in paragraph (b)(i)—

            (i) omit ", (b),";

            (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)."'.

 
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Prepared 30 Mar 2006