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| | 1L (1) | Section 97 of that Act (failure to attend for duty or training) is amended as |
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| | (2) | In subsection (1), for the words (after paragraph (b)) from “is guilty” to the end |
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| | substitute “is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces |
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| | Act 2006 applies to him) or absence without leave (if neither of those |
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| | provisions applies to him).” |
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| | (3) | In subsection (3) for the words from “by court-martial” to the end substitute |
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| | “summarily by a civil court (as well as being triable by the Court Martial).”’. |
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| Schedule 12, page 227, line 17, leave out from beginning to ‘subsection’ in line 18 |
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| | ‘(1) | Section 98 of that Act (trial and punishment of offences of desertion or absence |
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| | without leave) is amended as follows. |
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| | |
| | (a) | for the words from “section 37” to “1957” substitute “section 8 or 9 of |
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| | the Armed Forces Act 2006”; |
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| | (b) | for “as well as by court-martial” substitute “(as well as being triable |
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| | (a) | for “court-martial” substitute “the Court Martial”; |
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| | (b) | for the words from “service law” to the end substitute “section 8 or 9 |
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| | (as the case may be) of the Armed Forces Act 2006.” |
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| | (4) | In subsection (3)(b) for “service law of desertion or absence without leave” |
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| | substitute “section 8 or 9 of the Armed Forces Act 2006”. |
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| | (5) | In subsection (4)(a)— |
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| | (a) | for “court-martial” substitute “the Court Martial”; |
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| | (b) | for “service law of absence without leave” substitute “section 9 of the |
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| Schedule 12, page 227, line 23, at end insert— |
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| | ‘3A | For section 100 of that Act (arrest of deserters etc) substitute— |
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| | “100A | Arrest by civilian police of deserters and absentees without leave |
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| | (1) | An officer of a UK police force may arrest without warrant a person |
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| | who is reasonably suspected of being a member of a reserve force, or |
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| | a person liable to recall, who has deserted or is absent without leave. |
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| | (2) | If an authorised person is satisfied by evidence given under oath or |
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| | affirmation that a relevant suspect is or is reasonably suspected of |
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| | being within his jurisdiction, he may issue a warrant for the arrest of |
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| | |
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| | “authorised person” means a person who has authority in England and |
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| | Wales, Scotland or Northern Ireland to issue a warrant for the arrest of |
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| | a person suspected of an offence; |
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| | “relevant suspect” means a person reasonably suspected of being a |
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| | member of a reserve force, or a person liable to recall, who has |
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| | deserted, is absent without leave or has committed an offence under |
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| | |
| | (4) | In this section “UK police force” has the meaning given by section 365 |
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| | of the Armed Forces Act 2006.” |
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| | 3B | Omit section 102 of that Act (record of illegal absence). |
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| | 3C | In section 104 of that Act, omit subsection (3). |
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| | 3D (1) | Section 105 of that Act (trial of offences by civil court) is amended as follows. |
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| | (2) | In subsection (1) for “which is triable by court-martial is also” substitute “is |
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| | (as well as being triable by the Court Martial)”. |
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| | |
| | (4) | In subsection (3) for “an offence under service law (other than an offence of |
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| | desertion or absence without leave)” substitute “any service offence (other |
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| | than an offence under this Act or an offence mentioned in section 98(1))”. |
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| | 3E | Omit section 106 of that Act.’. |
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| Schedule 12, page 227, line 25, after ‘(1)’ insert ‘— (i)’. |
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| Schedule 12, page 227, line 26, at end insert— |
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| | ‘(ii) | for “under service law” substitute “a service offence”;’. |
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| Schedule 12, page 227, line 31, at end insert— |
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| | ‘4A | In section 108 of that Act (evidence) for subsections (1) and (2) substitute— |
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| | “(1A) | The Secretary of State may by regulations make provision with respect |
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| | to evidence, including the admissibility of evidence, in proceedings |
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| | before a civil court for an offence under this Act. |
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| | (1B) | Regulations under subsection (1A) shall be made by statutory |
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| | instrument, which shall be subject to annulment in pursuance of a |
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| | resolution of either House of Parliament.” |
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| | 4B | Omit section 124 of that Act (exemption from tolls etc). |
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| | 4C | Omit section 126 of that Act (amendments relating to transfers to reserves |
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| Schedule 12, page 227, line 32, leave out from beginning to ‘subsection’ and |
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| | ‘(1) | Section 127 of that Act (interpretation) is amended as follows. |
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| | (a) | omit the definition of “regular air force”; |
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| | (b) | for the definition of “regular army” substitute— |
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| | ““the regular army” has the meaning given by section 364 of the |
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| | (c) | in the definition of “regular services” for “regular air force” substitute |
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| | (d) | for the definition of “service law” substitute— |
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| | ““service offence” has the meaning given by section 50 of the |
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| Schedule 12, page 227, line 36, at end insert— |
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| | ‘(4) | Section 163(2) and (3) of the Armed Forces Act 2006 apply in relation |
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| | to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.”’. |
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| Schedule 12, page 228, line 14, leave out sub-paragraph (5) and insert— |
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| | (a) | in sub-paragraph (1) omit “or recklessly”; |
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| | (b) | in sub-paragraph (2) for “subject to service law” substitute “a member |
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| | (c) | in sub-paragraph (3) for the words from “has since” to the end |
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| | substitute “becomes a member of the reserve forces is liable on |
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| | conviction by the Court Martial to any punishment mentioned in rows |
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| | 2 to 12 of the Table in section 163 of the Armed Forces Act 2006.”; |
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| | (d) | after that sub-paragraph add— |
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| | “(4) | For the purposes of determining the Court Martial’s powers |
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| | when sentencing an offender to whom Part 2 of Schedule 3 |
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| | to the Armed Forces Act 2006 (ex-servicemen etc) applies |
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| | for an offence under sub-paragraph (1), sub-paragraph (3) |
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| | has effect as if the reference to rows 2 to 12 were to rows 2 |
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| | (5) | Where an offence under sub-paragraph (1) is committed by |
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| | a person within sub-paragraph (3), the time for which he is |
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| | for the purposes of section 62 of the Armed Forces Act |
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| | 2006 (time limits for charging) to be regarded as being a |
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| | relevant reservist (within the meaning of that section) |
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| | includes the period from (and including) the time he |
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| | committed the offence to the time he became a member of |
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| | (5A) | In paragraph 6(1) for “a court-martial” substitute “the Court Martial”.’. |
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| Schedule 12, page 228, line 15, at end insert— |
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| | ‘7 | Omit Schedule 2 to that Act (deserters and absentees without leave). |
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| | 8 | Omit Schedule 3 to that Act (evidence). |
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| | 9 | Omit Schedule 7 to that Act (postponement of transfer to the reserves or |
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| | discharge from the reserves). |
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| | 10 | In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 |
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| | 11 | In Schedule 10 to that Act (minor and consequential amendments) omit |
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| | paragraphs 1 to 13 and 23.’. |
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| | Schedule, as amended, Agreed to. |
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| | Clauses 352 to 354 Agreed to. |
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| Clause 355, page 178, line 21, leave out ‘may’ and insert ‘shall’. |
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| Clause 355, page 178, line 31, at end insert— |
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| | ‘(2A) | A person may not be appointed Director unless he has knowledge and experience |
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| | in relation to military justice issues and an understanding of their relevance to the |
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| | role of Her Majesty’s forces. |
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| | (2B) | The Secretary of State shall first consult with the Attorney General before |
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| | tendering his recommendation to Her Majesty.’. |
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| Clause 355, page 178, line 31, at end insert— |
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| | ‘(2C) | The Secretary of State shall appoint a person to be Deputy Director of Service |
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| | (2D) | A person may be appointed as the Director of Service Prosecutions only if he— |
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| | (a) | has a five year general qualification within the meaning of section 71 of |
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| | the Courts and Legal Services Act 1990 (c. 41); |
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| | (b) | is an advocate or solicitor in Scotland of at least five years’ standing; |
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| | (c) | is a member of the Bar of Northern Ireland, or a solicitor of the Supreme |
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| | Court of Northern Ireland, of at least five years’ standing; |
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| | (d) | has in a relevant territory rights and duties similar to those of a barrister |
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| | or solicitor in England and Wales, has had those rights and duties for at |
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| | least five years, and is subject to punishment or disability for breach of |
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| | |
| | (e) | is a member of the regular forces or the reserve forces who is rendering |
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| | continuous full-time service; |
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| | (f) | holds a rank not lower than the rank of commander, lieutenant-colonel or |
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| | (2E) | The Deputy Director has all the powers of the Director but must exercise them |
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| | subject to his direction and control. |
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| | (2F) | A person appointed as Director holds office until the end of the year of service in |
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| | which he attains the age of 65 or such later time as the Secretary of State may |
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| | (a) | may resign by notice in writing to the Secretary of State, and |
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| | (b) | may be removed from office in accordance with section [Termination of |
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| | (2H) | If the office of Director is vacant or the Director is not available to exercise his |
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| | functions, the Deputy Director has all the functions of the Director. |
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| | (2I) | If the office of Deputy Director becomes vacant, the Secretary of State may |
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| | appoint a member of staff of the Service to act as Deputy Director, on such terms |
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| | as to tenure as the Secretary of State determines, pending a new appointment. |
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| | (2J) | The Secretary of State must pay to or in respect of the Director, the Deputy |
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| | Director and any person appointed to act as Deputy Director any such— |
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| | (c) | sums for the provision of pensions, |
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| | | as the Secretary of State may determine.’. |
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| Clause 355, page 178, line 33, at end insert ‘in relation to matters not covered by |
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| this Act that are determined by the Secretary of State.’. |
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| | |
| | Clauses 356 to 360 Agreed to. |
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| | |
| | Clauses 361 and 362 Agreed to. |
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| Clause 363, page 181, line 40, leave out ‘section 372 or 373’ and insert ‘any of |
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| | Clause, as amended, Agreed to. |
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| Clause 364, page 183, line 31, after ‘means’ insert ‘the Judge Advocate General |
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| Clause 364, page 184, line 21, at end insert— |
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| | | ‘“service material”[1] refers to |
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| | (a) | portable and automatic firearms |
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| | (b) | artillery and smoke, gas and flame-throwing weapons, such as— |
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| | (i) | cannon, howitzers, mortars, artillery, anti-tank guns, rocket |
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| | launchers, flame-throwers, recoilless guns; |
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| | (ii) | military smoke and gas guns. |
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| | (c) | ammunition for the weapons at subsections (a) and (b) |
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| | (d) | bombs, torpedoes, rockets and guided missiles— |
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| | (i) | bombs, torpedoes, grenades, including smoke grenades, smoke |
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| | bombs, rockets, mines, guided missiles, underwater grenades, |
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| | (ii) | military apparatus and components specially designed for the |
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| | handling, assembly, dismantling, firing or detection of the |
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| | articles at subparagraph (i) above. |
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| | (e) | military fire control equipment |
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| | (i) | firing computers and guidance systems in infra-red and other |
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| | (ii) | telemeters, position indicators, altimeters; |
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| | (iii) | electronic tracking components, gyroscopic, optical and |
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| | (iv) | bomb sights and gun sights, periscopes for the equipment |
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| | |
| | (f) | tanks and specialist fighting vehicles— |
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| | (ii) | military type vehicles, armed or armoured, including amphibious |
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| | (iv) | half-tracked military vehicles; |
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| | (v) | military vehicles with tank bodies; |
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| | (vi) | trailers specially designed for the transportation of the |
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| | ammunition specified at subsections (c) and (d) above |
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| | (g) | fuels and lubricants for any of Her Majesty’s ships, Her Majesty’s |
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| | aircraft or vehicles at subsection (f) |
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| | (h) | toxic or radioactive agents— |
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| | (i) | toxic, biological or chemical agents and radioactive agents |
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| | adapted for destructive use in war against persons, animals or |
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| | (ii) | military apparatus for the propogation, detection and |
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| | identification of substances at subparagraph (i) above; |
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| | (iii) | counter-measures material related to subparagraph (i) above; |
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| | (i) | powders, explosives and liquid or solid propellants— |
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| | (i) | powders and liquid or solid propellants specially designed and |
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| | constructed for use with the materials at subsections (c), (d) and |
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| | (ii) | military explosives; |
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| | (iii) | incendiary and freezing agents for military use. |
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| | (j) | warships and their specialist equipment— |
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| | (i) | warships of all kinds; |
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| | (ii) | equipment specially designed for laying, detecting and sweeping |
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| | (k) | aircraft and equipment for military use |
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| | (l) | military electronic equipment |
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| | (m) | camera equipment specially designed for military use |
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| | (n) | other equipment and material— |
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| | (i) | parachutes and parachute fabric; |
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| | (ii) | water purification plant specially designed for military use; |
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| | (iii) | military command relay electrical equipment. |
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| | (o) | specialised parts and items of material included in this list in so far as |
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| | they are of a military nature |
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| | (p) | machines, equipment and items exclusively designed for the study, |
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| | manufacture, testing and control of arms, munitions and apparatus of an |
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| | exclusively military nature included in this list |
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| | (q) | any other machines, equipment and items designed or adapted for |
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| | warfare or connected purposes.’. |
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| | Clause, as amended, Agreed to. |
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| |
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| Clause 365, page 185, line 4, leave out paragraph (b). |
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| | Clause, as amended, Agreed to. |
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| | Clauses 366 and 367 Agreed to. |
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| Clause 368, page 186, line 36, leave out ‘enactments’ and insert ‘provisions’. |
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| Clause 368, page 186, line 36, after ‘repealed’ insert ‘or revoked’. |
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| | Clause, as amended, Agreed to. |
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