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

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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;".'.

   

Mr Don Touhig

81

Schedule     14,     page     232,     line     34,     leave out '(whether or not made in England and Wales)' and insert '(except one made in Scotland or Northern Ireland)'.

   

Mr Don Touhig

82

Schedule     14,     page     232,     line     37,     leave out '(whether or not made in England and Wales)' and insert '(except one made in Scotland or Northern Ireland)'.

   

Mr Don Touhig

83

Schedule     14,     page     232,     line     40,     at end insert—

'Criminal Justice Act 1961 (c.39)

4A  In section 22 of the Criminal Justice Act 1961 (assisting escaped prisoners etc), for subsection (3) substitute—

    "(2A)   The reference in subsection (2) to a person who has been sentenced as mentioned there includes—

(a) a person on whom a custodial sentence within the meaning of the Armed Forces Act 2006 has been passed (anywhere) in respect of a service offence within the meaning of that Act;

(b) a person in respect of whom an order under section 213 of that Act (detention for commission of offence during currency of order) has been made."

4B  In section 39 of that Act (interpretation) for subsection (2) substitute—

    "(2)   Except as otherwise expressly provided, references in this Act to a court do not include the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court."

Parliamentary Commissioner Act 1967 (c.13)

4C  In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation)—

(a)   in paragraph 6 for the words from "proceedings at any place" to "Air Force Act 1955" substitute "service law proceedings (as defined by section 321(5) of the Armed Forces Act 2006) (anywhere)";

(b)   in paragraph 7 for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court".

Criminal Justice Act 1967 (c.80)

4D  In section 72 of the Criminal Justice Act 1967 (power to issue warrant for arrest of escaped prisoners etc) after subsection (5) add—

    "(6)   References in this section to offences include service offences within the meaning of the Armed Forces Act 2006."

4E  In section 104(1) of that Act (interpretation), in the definition of "court" for "a court-martial" substitute "the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court".

Civil Evidence Act 1968 (c.64)

4F (1) Section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings) is amended as follows.

(2) In subsection (1) for "by a court-martial there or elsewhere" substitute "of a service offence (anywhere)".

(3) In subsection (2) for "by a court-martial there or elsewhere" substitute "of a service offence".

(4) In subsection (5) after paragraph (a) insert—

"(aa) section 186 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);".

(5) For subsection (6) substitute—

    "(7)   In this section—

"service offence" has the same meaning as in the Armed Forces Act 2006;

"conviction" includes anything that under section 366(1) and (2) of that Act is to be treated as a conviction, and "convicted" is to be read accordingly."

4G  In section 13 of that Act (conclusiveness of convictions for purposes of defamation actions)—

(a)   in subsection (3) for "by a court-martial there or elsewhere" substitute "(in the case of a service offence) a conviction (anywhere) of that service offence";

(b)   in subsection (4) for "(6)" substitute "(7)".

4H  In section 18 of that Act (general interpretation etc)—

(a)   in subsection (2), in the definition of "court" for "court-martial" substitute "service court";

(b)   after that subsection insert—

    "(2A)   In subsection (2) "service court" means the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court."

Equal Pay Act 1970 (c.41)

4I (1) Section 7A of the Equal Pay Act 1970 (service pay and conditions) is amended as follows.

(2) In subsection (5)—

(a)   in paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the claim";

(b)   in paragraph (b) for "complaint" substitute "service complaint".

(3) In subsection (7), for "the service redress procedures" substitute "the service complaint procedures".

(4) In subsection (12), for the definition of "the service redress procedures" substitute—

""service complaint" means a complaint under section 330 of the Armed Forces Act 2006;

"the service complaint procedures" means the procedures prescribed by regulations under that section."

4J  In section 7AB of that Act ("arrears date" for purposes of section 7A(9)(a) (proceedings in England and Wales))—

(a)   in subsection (2), in paragraph (b) of the definitions of "concealment case" and "disability case", for "complaint under the service redress procedures" substitute "service complaint";

(b)   in subsection (3) for "complaint under the service redress procedures" substitute "service complaint";

(c)   in subsection (5) for the words from "complaint" to the end substitute "service complaint having been made.";

(d)   in subsection (6) for "complaint under the service redress procedures" substitute "service complaint".

4K  In section 7AC of that Act (determination of "period" for purposes of section 7A(9)(b) (proceedings in Scotland))—

(a)   in subsection (2) for "complaint under the service redress procedures" substitute "service complaint";

(b)   in subsection (4) for the words from "complaint" to the end substitute "service complaint having been made.";

(c)   in subsection (5) for "complaint under the service redress procedures" substitute "service complaint".

Equal Pay Act (Northern Ireland) 1970 (c. 32)

4L (1) Section 6A of the Equal Pay Act (Northern Ireland) 1970 (service pay and conditions) is amended as follows.

(2) In subsection (5)—

(a)   in paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the claim";

(b)   in paragraph (b) for "complaint" substitute "service complaint".

(3) In subsection (7), for "the service redress procedures" substitute "the service complaint procedures".

(4) In subsection (12), for the definition of "the service redress procedures" substitute—

""service complaint" means a complaint under section 330 of the Armed Forces Act 2006;

"the service complaint procedures" means the procedures prescribed by regulations under that section."

4M  In section 6AB of that Act ("arrears date" in proceedings under section 6A(9))—

(a)   in subsection (2), in paragraph (b) of the definitions of "concealment case" and "disability case", for "complaint under the service redress procedures" substitute "service complaint";

(b)   in subsection (3) for "complaint under the service redress procedures" substitute "service complaint";

(c)   in subsection (5) for the words from "complaint" to the end substitute "service complaint having been made.";

(d)   in subsection (6) for "complaint under the service redress procedures" substitute "service complaint".

Civil Evidence Act (Northern Ireland) 1971 (c. 36)

4N (1) Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as evidence in civil proceedings) is amended as follows.

(2) In subsection (1) for "by a court-martial there or elsewhere" substitute "of a service offence (anywhere)".

(3) In subsection (2) for "by a court-martial there or elsewhere" substitute "of a service offence".

(4) In subsection (5) after paragraph (b) insert—

"(bb) section 186 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);".

(5) For subsection (6) substitute—

    "(7)   In this section—

"service offence" has the same meaning as in the Armed Forces Act 2006;

"conviction" includes anything that under section 366(1) and (2) of that Act is to be treated as a conviction, and "convicted" is to be read accordingly."

4O  In section 9 of that Act (conclusiveness of convictions for purposes of defamation actions)—

(a)   in subsection (3) for "by a court-martial there or elsewhere" substitute "(in the case of a service offence) a conviction (anywhere) of that service offence";

(b)   in subsection (4) for "(6)" substitute "(7)".

4P  In section 14 of that Act (general interpretation etc)—

(a)   in subsection (2), in the definition of "court" for "court-martial" substitute "service court";

(b)   after that subsection insert—

    "(2A)   In subsection (2) "service court" means the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court."

Juries Act 1974 (c.23)

4Q  In Schedule 1 to the Juries Act 1974 (persons disqualified from jury service, etc)—

(a)   in paragraph 7(c) after "Channel Islands" insert "or a service community order or overseas community order under the Armed Forces Act 2006";

(b)   in paragraph 8(a) for "by a court-martial" substitute "(anywhere) in respect of a service offence within the meaning of the Armed Forces Act 2006".

Rehabilitation of Offenders Act 1974 (c.53)

4R  In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), in subsection (4) after "2000" insert "or section 186 of the Armed Forces Act 2006".

4S  In section 2 of that Act (rehabilitation of persons dealt with in service disciplinary proceedings)—

(a)   in subsection (5) after "any of the following—" insert—

"(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);";

(b)   after that subsection add—

    "(6)   Section 366(1) to (3) of the Armed Forces Act 2006 ("conviction" and "sentence" in relation to summary hearings and the SAC) apply for the purposes of this Act as they apply for the purposes of that Act."

4T (1) Section 5 of that Act (rehabilitation periods for particular sentences) is amended as follows.

(2) In subsection (1)—

(a)   in paragraph (d)—

(i) after "Powers of Criminal Courts (Sentencing) Act 2000," insert "or under section 208 or 217 of the Armed Forces Act 2006,";

(ii) after "said Act of 2000" insert "or section 208 of the said Act of 2006";

(iii) omit "or a corresponding court-martial punishment";

(b)   in paragraph (f), at the end insert "(including any sentence within this paragraph passed as a result of any of sections 218 to 221 of the Armed Forces Act 2006)".

(3) For subsection (1A) substitute—

    "(1A)   In subsection (1)(d)—

(a) references to section 208 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(b) the reference to section 217 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957."

(4) In subsection (2)—

(a)   in Table A, in the fifth entry for "Any sentence of detention" substitute "Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence,";

(b)   in Table B—

(i) in the fourth entry, after "2000" insert "or under section 208 of the Armed Forces Act 2006";

(ii) in the fifth entry, for "either of those provisions" substitute "any provision mentioned in the fourth entry in this Table".

(5) Before subsection (3) insert—

    "(2A)   Table B applies in relation to a sentence under section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 as it applies in relation to one under section 208 of the Armed Forces Act 2006."

(6) In subsection (4A) after "2003" insert "or a service community order or overseas community order under the Armed Forces Act 2006".

(7) In subsection (6A) after "2000" insert ", or an order under section 210 of the Armed Forces Act 2006 was made".

(8) In subsection (9)(b) after "2000" insert "or section 208 of the Armed Forces Act 2006".

4U  In the Schedule to that Act (service disciplinary convictions referred to in section 6(6)(bb)), after paragraph 6 add—

"Provisions of the Armed Forces Act 2006

 Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years."

House of Commons Disqualification Act 1975 (c.24)

4V  In section 1 of the House of Commons Disqualification Act 1975 (disqualification of holders of certain offices)—

(a)   in subsection (1)(c) omit "or the Ulster Defence Regiment";

(b)   in subsection (3), in the definition of "regular armed forces of the Crown", for the words from "the regular forces" to the end substitute "the Royal Marines, the regular army (as defined by section 364 of the Armed Forces Act 2006) or the Royal Air Force."

4W  In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for "Judge of the Courts-Martial Appeal Court." substitute "Judge of the Court Martial Appeal Court."

Northern Ireland Assembly Disqualification Act 1975 (c.25)

4X  In section 1 of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders of certain offices)—

(a)   in subsection (1)(c) omit the words from "or" to the end;

(b)   in subsection (2), in the definition of "regular armed forces of the Crown", for the words from "the regular forces" to the end substitute "the Royal Marines, the regular army (as defined by section 364 of the Armed Forces Act 2006) or the Royal Air Force."

4Y  In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for "Judge of the Courts-Martial Appeal Court." substitute "Judge of the Court Martial Appeal Court."

Sex Discrimination Act 1975 (c.65)

4Z (1) Section 85 of the Sex Discrimination Act 1975 (application to Crown etc) is amended as follows.

(2) In subsection (9B)—

(a)   in paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the act complained of";

(b)   in paragraph (b) for "complaint" substitute "service complaint".

(3) In subsection (9D) for "the service redress procedures" substitute "the service complaint procedures".

(4) In subsection (10) for the definition of "the service redress procedures" substitute—

""service complaint" means a complaint under section 330 of the Armed Forces Act 2006;

"the service complaint procedures" means the procedures prescribed by regulations under that section;".

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)

4AA  In section 1(4) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (investigation of death and application for public inquiry)—

(a)   after paragraph (b) insert—

"(ba) he is detained in, or is subject to detention in, service custody premises (within the meaning of section 298 of the Armed Forces Act 2006);";

(b)   in paragraph (c)(i) for "and (b)" substitute ", (b) and (ba)".

Bail Act 1976 (c.63)

4AB  In section 2(2) of the Bail Act 1976 (definitions), for the definition of "Courts-Martial Appeal rules" substitute—

"Court Martial Appeal Rules" means rules made under section 49 of the Court Martial Appeals Act 1968,".

4AC  In section 5(10) of that Act (meaning of "prescribed" for purposes of section 5), for "Courts-Martial Appeal rules" substitute "Court Martial Appeal Rules".

4AD  In section 6(9)(c)(v) of that Act (meaning of the "appropriate officer" of the court), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court".

4AE  In section 8(4) of that Act (persons before whom recognizance may be entered into)—

(a)   in paragraph (d)—

(i) for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court";

(ii) for "Courts-Martial Appeal rules" substitute "Court Martial Appeal Rules";

(b)   in the words after paragraph (d) for "Courts-Martial Appeal rules" substitute "Court Martial Appeal Rules".

4AF  In section 13(3) of that Act (application of Act), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court".

4AG  In Schedule 1 to that Act (persons entitled to bail: supplementary provisions)—

(a)   in paragraph 4 of each of Parts 1 and 2, for the words from "the sentence" to the end substitute "a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006."; and

(b)   in paragraph 4 of Part 3 omit the definition of "the Services Acts".

Race Relations Act 1976 (c.74)

4AH  In section 57(4B) of the Race Relations Act 1976 (claims under Part 3), in the words after the definition of "public investigator functions", for the words from "any offence" to "1957" substitute "any service offence within the meaning of the Armed Forces Act 2006".

4AI (1) Section 75 of that Act (application to Crown etc) is amended as follows.

(2) In subsection (9)—

(a)   in paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the act complained of";

(b)   in paragraph (b) for "complaint" substitute "service complaint".

(3) In subsection (9B) for "the service redress procedures" substitute "the service complaint procedures".

(4) In subsection (10), for paragraph (ab) substitute—

"(ac) "service complaint" means a complaint under section 330 of the Armed Forces Act 2006;

(ad) "the service complaint procedures" means the procedures prescribed by regulations under that section;".

4AJ  In section 78(1) of that Act (general interpretation provisions), for the definition of "criminal proceedings" substitute—

""criminal proceedings" includes service law proceedings (as defined by section 321(5) of the Armed Forces Act 2006);".

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

4AK (1) Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (application to Crown etc) is amended as follows.

(2) In paragraph (9B)—

(a)   in sub-paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the act complained of";

(b)   in sub-paragraph (b) for "complaint" substitute "service complaint".

(3) In paragraph (9D) for "the service redress procedures" substitute "the service complaint procedures".

(4) In paragraph (10) for the definition of "the service redress procedures" substitute—

""service complaint" means a complaint under section 330 of the Armed Forces Act 2006;

"the service complaint procedures" means the procedures prescribed by regulations under that section;".

Judicature (Northern Ireland) Act 1978 (c.23)

4AL  In section 44 of the Judicature (Northern Ireland) Act 1978 (appeals in cases of contempt of court)—

(a)   in subsection (2)(b) for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court";

(b)   in subsection (5) after paragraph (c) insert—

"(d) to an order or decision of the Court Martial or the Summary Appeal Court under section 307 of the Armed Forces Act 2006;".

Magistrates' Courts Act 1980 (c.43)

4AM  In section 19(5) of the Magistrates' Courts Act 1980 (decision as to allocation), for paragraph (b) substitute—

"(b) a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 ("conviction" here including anything that under section 366(1) and (2) of that Act is to be treated as a conviction)."

4AN  In section 125D(3) of that Act (execution by person not in possession of warrant), for paragraph (b) substitute—

"(b) a warrant under section 311, 312 or 315 of the Armed Forces Act 2006;".

Public Passenger Vehicles Act 1981 (c.14)

4AO  In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to qualifications for PSV operator's licence), in paragraph 1—

(a)   in sub-paragraph (6) after "1978" insert "or a service community order or overseas community order under the Armed Forces Act 2006";

(b)   in sub-paragraph (7) for the words from "a civil offence" to the end substitute "an offence under section 42 of the Armed Forces Act 2006."

Contempt of Court Act 1981 (c.49)

4AP  In section 19 of the Contempt of Court Act 1981 (interpretation), for "Courts-Martial Appeal Court", in both places, substitute "Court Martial Appeal Court".

4AQ  In Schedule 1 to that Act (times when proceedings are active for purposes of section 2), after paragraph 1 insert—

"1A  In paragraph 1 the reference to an offence includes a service offence within the meaning of the Armed Forces Act 2006."

Senior Courts Act 1981 (c. 54)

4AR  In section 29 of the Senior Courts Act 1981 (mandatory, prohibiting and quashing orders), for subsection (3A) substitute—

    "(3A)   The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the Court Martial in matters relating to—

(a) trial by the Court Martial for an offence; or

(b) appeals from the Service Civilian Court."'.

 
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