House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament


 
 

Select Committee Proceedings: 30th March 2006            

114

 

Armed Forces Bill, continued

 
 

accommodation for a continuous period of more than 24 hours, the

 

order shall cease to have effect so far as it imposes the exclusion

 

requirement.

 

(7)    

In this section “relevant premises” means premises occupied as a

 

residence by a person subject to service law or a civilian subject to

 

service discipline.

 

(8)    

Who is the relevant person’s “commanding officer” for the purposes

 

of subsection (5)(b) shall be determined by or under regulations made

 

by the Defence Council.”

 

6    (1)  

Section 21 of that Act (duration of protection orders) is amended as follows.

 

      (2)  

In subsection (1) for the words from “being” to the end substitute “which must

 

be a period of not more than 28 days beginning with the date of the order.”

 

      (3)  

In subsection (2)—

 

(a)    

for “the officer having jurisdiction” substitute “a judge advocate”;

 

(b)    

in paragraph (a), for the words from “applicable” to “that officer”

 

substitute “permitted by subsection (1) above”;

 

(c)    

in the words after paragraph (b) for “that officer” substitute “the judge

 

advocate”.

 

      (4)  

In subsection (3) for “officer”, in both places, substitute “judge advocate”.

 

      (5)  

In subsection (5) for “an officer” substitute “a judge advocate”.

 

7    (1)  

Section 22 of that Act (review and discharge of protection orders) is amended

 

as follows.

 

      (2)  

In subsection (2) for “superior officer” substitute “judge advocate”.

 

      (3)  

In subsection (4)—

 

(a)    

for “superior officer” substitute “judge advocate”;

 

(b)    

for the words from “consider whether” to the end of paragraph (b)

 

substitute “consider whether, if the order were discharged and—

 

(a)    

(where the power under section 20(2)(b)(i) has been

 

exercised) if the child were returned by the

 

responsible person, or

 

(b)    

(where the power under section 20(2)(b)(ii) has been

 

exercised) if the child were allowed to be removed

 

from the place in which he was being accommodated

 

immediately before the making of the order,”.

 

      (4)  

In subsection (5) for “the officer having jurisdiction” substitute “a judge

 

advocate”.

 

      (5)  

After that subsection insert—

 

“(5A)    

On the application of the person to whom an exclusion requirement

 

contained in a protection order relates, a judge advocate may, in such

 

circumstances and subject to such conditions as may be prescribed by

 

regulations, vary the exclusion requirement or discharge the order so

 

far as it imposes the exclusion requirement.”

 

      (6)  

In subsection (7) for “officer” substitute “judge advocate”.

 

8          

After that section insert—

 

“22A  

Removal and accommodation of children by service police in

 

emergency

 

(1)    

Where a service policeman has reasonable cause to believe that a

 

relevant child would otherwise be likely to suffer significant harm, he

 

may, if authorised—


 
 

Select Committee Proceedings: 30th March 2006            

115

 

Armed Forces Bill, continued

 
 

(a)    

remove the child to suitable accommodation and keep him

 

there; or

 

(b)    

take such steps as are reasonable to ensure that the child’s

 

removal from any service hospital, or other place, in which he

 

is then being accommodated is prevented.

 

(2)    

In this section, a child with respect to whom a service policeman has

 

exercised the power under subsection (1) is referred to as having been

 

taken into service police protection.

 

(3)    

As soon as is reasonably practicable after taking a child into service

 

police protection, the service policeman concerned shall—

 

(a)    

inform the appropriate service police officer of the steps that

 

have been and are proposed to be taken under this Part of this

 

Act with respect to the child and the reasons for taking them;

 

(b)    

give details to the appropriate service police officer of the

 

place at which the child is being accommodated;

 

(c)    

inform the child (if he appears capable of understanding)—

 

(i)    

of the steps that have been taken with respect to him

 

under this section and of the reasons for taking them;

 

and

 

(ii)    

of the further steps that may be taken with respect to

 

him under this Part of this Act;

 

(d)    

take such steps as are reasonably practicable to discover the

 

wishes and feelings of the child;

 

(e)    

secure that the case is inquired into by the appropriate service

 

police officer;

 

(f)    

secure that the child is moved to accommodation approved for

 

the purpose by the appropriate service police officer (unless

 

that officer approves the child’s remaining where he is

 

currently being accommodated);

 

(g)    

take such steps as are reasonably practicable to inform—

 

(i)    

the child’s parents,

 

(ii)    

every person who is not a parent of the child but has

 

parental responsibility for him, and

 

(iii)    

any other person with whom the child was residing

 

immediately before being taken into service police

 

protection,

 

    

of the steps that he has taken under this section with respect to

 

the child, the reasons for taking them and the further steps that

 

may be taken with respect to him under this Part of this Act.

 

(4)    

On completing any inquiry under subsection (3)(e) the officer

 

conducting it shall release the child from service police protection

 

unless he considers that there is still reasonable cause for believing

 

that the child would be likely to suffer significant harm if released.

 

(5)    

No child may be kept in service police protection for more than 72

 

hours.

 

(6)    

While a child is being kept in service police protection—

 

(a)    

the appropriate service police officer shall do what is

 

reasonable in all the circumstances of the case for the purpose

 

of safeguarding or promoting the child’s welfare (having


 
 

Select Committee Proceedings: 30th March 2006            

116

 

Armed Forces Bill, continued

 
 

regard in particular to the length of the period during which

 

the child will be kept in service police protection); but

 

(b)    

neither he nor the service policeman who took the child into

 

service police protection has any parental responsibility for

 

him.

 

(7)    

Where a child has been taken into service police protection, the

 

appropriate service police officer shall allow—

 

(a)    

the child’s parents,

 

(b)    

any person who is not a parent of the child but has parental

 

responsibility for him,

 

(c)    

any person with whom the child was residing immediately

 

before he was taken into service police protection,

 

(d)    

any person in whose favour a contact order is in force with

 

respect to the child, and

 

(e)    

any person acting on behalf of any of those persons,

 

    

to have such contact (if any) with the child as, in the opinion of the

 

appropriate service police officer, is both reasonable and in the child’s

 

best interests.

 

(8)    

In this section—

 

“authorised”, in relation to a service policeman, means authorised, by an

 

authorising service police officer and in accordance with regulations,

 

to exercise the power under subsection (1) in the case in question;

 

“an authorising service police officer”, and “the appropriate service

 

police officer” have the meanings given by regulations;

 

“relevant child” means a child who falls within paragraph (a) or (b) of

 

section 19(1) above;

 

“service policeman” has the same meaning as in the Armed Forces Act

 

1996.”

 

9    (1)  

Section 23 of that Act (interpretation) is amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

in the definition of “accommodation”, for the words from “means” to

 

“relates,” substitute “, in relation to a child to whom a protection order

 

relates, means any service hospital or other suitable place the occupier

 

of which is willing temporarily to receive the child,”;

 

(b)    

for the definition of “civilian in a corresponding position” substitute—

 

““civilian subject to service discipline” has the same meaning as in

 

the Armed Forces Act 2006;”;

 

(c)    

after the definition of “contact order” insert—

 

““exclusion requirement” has the meaning given by section 20A

 

above;”;

 

(d)    

after the definition of “extension order” insert—

 

““harm” and “significant harm” have the same meanings as in the

 

Children Act 1989;”;

 

(e)    

for the definitions of “officer having jurisdiction” and “superior

 

officer” substitute—

 

““judge advocate” has the same meaning as in the Armed Forces

 

Act 2006;”;

 

(f)    

in the definition of “regulations”, after ““regulations”” insert “(except

 

in section 20A(8))”;

 

(g)    

for the definition of “service law” substitute—


 
 

Select Committee Proceedings: 30th March 2006            

117

 

Armed Forces Bill, continued

 
 

““subject to service law” has the same meaning as in the Armed

 

Forces Act 2006.”

 

      (3)  

After that subsection insert—

 

“(1A)    

Section 163(2) and (3) of the Armed Forces Act 2006 apply in relation

 

to section 18(8A) and 20(9A) of this Act.”

 

      (4)  

Omit subsection (2).’.

 

[Adjourned till Tuesday 25th April at 9.30 a.m.


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 31 March 2006