Amendments proposed to the Armed Forces Bill - continued | House of Commons |
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Assistant Inspectors
Mr Gerald Howarth NC28 *To move the following Clause:'(1) The Secretary of State may appoint assistant inspectors general. (2) Members of a service police force may be appointed by the Secretary of State to be assistant inspectors general. (3) Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may determine.'.
Service Police
Mr Gerald Howarth NC29 *To move the following Clause:'(1) The Secretary of State shall appoint a serving officer of the Armed Forces to be Principal Provost Marshal with reponsibility for the organisation of all service police, including the appointment of local and assistant Provost Marshals where required and the allocation of responsibities within the service police forces, inlcuding the tasking of Special Investigation Units established in accordance with subsection (4) below. (2) The Principal Provost Marshal shall be directly responsible to the Vice Chief of the Defence Staff for the performance of his duties and for the application of the budget allocated to him. (3) The Principal Provost Marshal shall be subject to inspection by the Inspector General of Service Police appointed in accordance with this Act. (4) Except as otherwise provided in this section in relation to Special Investigation Units members of the service police shall operate under the direction of the Commanding Officer of the formation to which they are attached. (5) The Principal Provost Marshal shall establish units for the purpose of undertaking special investigations ("Special Investigation Units"). (6) A Special Investigation Unit shall include, as designated lead member of the unit, a member of the service police holding a rank judged appropriate by the Principal Provost Marshal to the apparent nature of the matter being investigated. (7) A Special Investigation Unit may include persons other than members of the service police. (8) Unless directed otherwise by the Principal Provost Marshal the lead member of the Special Investigation Unit shall keep the Commanding Officer of the unit or formation concerned fully informed of the progress of the investigation.'.
Reserve Forces discrimination
Mr Gerald Howarth NC30 *To move the following Clause:'(1) A person commits an offence if he discriminates against any of his employees on the grounds that the employee wishes to be or is a voluntary member of the Reserve Force. (2) A person guilty of an offence under this section is liable on conviction to a fine or imprisonment for a period not exceeding six months.'.
Service Prosecution Authority
Mr Gerald Howarth NC31 *To move the following Clause:'(1) There shall be a Service Prosecution Authority. (2) The Service shall consist of
(4) The Director may appoint staff of the Service, but subject to the approval of the Secretary of State as to
(6) The Director is head of the Service; and the Deputy Director and the prosecuting officers and the other members of staff of the Service are subject to his direction and control. (7) The Director and Deputy Director (if barristers) and prosecuting officers designated under subsection (5)(a) are not prevented from
(8) The Director may set up and maintain such offices as he considers appropriate for the exercise of his functions.
Functions of the Director
Mr Gerald Howarth NC32 *To move the following Clause:'(1) The functions of the Director shall be exercised by him independently of any other person. (2) It shall be the duty of the Director
(4) Withdrawing a charge does not preclude it from being proceeded with at any subsequent time. (5) If the Director is satisfied that a charge should not be proceeded with by court martial, he may refer it for disposal by an officer who has jurisdiction to try the accused person by summary trial. (6) If the Director decides that it is in the public interest for a case to be transferred from the service to the civil jurisdiction other than as provided by this Act he shall apply to the High Court for an order for such transfer giving reasons and allowing objections.'.
Code for prosecutors
Mr Gerald Howarth NC33 *To move the following Clause:'(1) The Director shall prepare a code of practice for
(2) The code must include a code of ethics laying down standards of conduct and practice. (3) The code must also give guidance on general principles to be applied
(5) The Director shall consult with the Attorney General and Secretary of State before issuing or making alterations to the code. (6) The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).'.
Annual Report
Mr Gerald Howarth NC34 *To move the following Clause:'(1) The Director shall, as soon as practicable, after the end of each financial year, prepare a report (an "annual report") on how he has exercised his functions during the financial year. (2) The report shall contain
(4) "Financial year" means
Termination of appointment
Mr Gerald Howarth NC35 *To move the following Clause:'(1) The Director
(3) A tribunal is to consist of
(5) The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4). (6) The procedure of a tribunal is to be determined by its chairman. (7) The Secretary of State may pay to a member of a tribunal any such allowances or fees as he may determined.'.
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