sc0943003.19-25

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

19

House of Commons

Thursday 30th March 2006

Select Committee Proceedings

Armed Forces Bill

[SIXTH Sitting]

Mr Don Touhig

Agreed to  45

Clause  335,  page  168,  line  26,  leave out from ‘other Act’ to end of line 27.

Mr Don Touhig

Agreed to  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

Withdrawn  172

Clause  335,  page  168,  line  29,  leave out from ‘Act’ to the end of line 33.

Mr Don Touhig

Agreed to  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

Withdrawn  173

Clause  335,  page  168,  line  34,  leave out ‘Royal Warrant or’.

Mr Don Touhig

Agreed to  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

Agreed to  49

Clause  335,  page  169,  line  16,  leave out subsection (7).

Clause, as amended, Agreed to.

Select Committee Proceedings: 30th March 2006
20

Armed Forces Bill, continued

Clause 336 Agreed to.

Vera Baird

Withdrawn  162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)’.

Clause Agreed to.

Clauses 338 to 345 Agreed to.

Schedule 11 Agreed to.

Clauses 346 to 351 Agreed to.

Mr Don Touhig

Agreed to  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)—

Select Committee Proceedings: 30th March 2006
21

Armed Forces Bill, continued

“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”.

Select Committee Proceedings: 30th March 2006
22

Armed Forces Bill, continued

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);

Select Committee Proceedings: 30th March 2006
23

Armed Forces Bill, continued

(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

Agreed to  63

Schedule  12,  page  227,  line  13,  leave out ‘the Reserve Forces Act 1996 (c. 14)’ and

insert ‘that Act’.

Mr Don Touhig

Agreed to  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.

Select Committee Proceedings: 30th March 2006
24

Armed Forces Bill, continued

(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).

Select Committee Proceedings: 30th March 2006
25

Armed Forces Bill, continued

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).”