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| Schedule 14, page 232, line 2, at end insert— |
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| | ‘Metropolitan Police Act 1860 (c. 135) |
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| | A1 | In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act |
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| | on military land etc), for “subject to naval or marine or military or air force |
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| | discipline” substitute “who are subject to service law, or are civilians subject |
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| | to service discipline, within the meaning of the Armed Forces Act 2006”. |
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| | Naval and Marine Pay and Pensions Act 1865 (c. 73) |
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| | A2 | In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of |
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| | naval and marine pay and pensions according to Order in Council) for the |
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| | words from “pay” to “thereof” substitute “pensions and grants”. |
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| | A3 | In section 9 of that Act (Order in Council not to contain provision inconsistent |
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| | with Naval Discipline Act), for the words from “pay” to the end substitute |
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| | “pensions contained in the Armed Forces Act 2006.” |
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| | Naval Pensions Act 1884 (c. 44) |
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| | A4 | In section 2 of the Naval Pensions Act 1884 (application of certain enactments |
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| | to Greenwich Hospital pensions), for “or section 128G of the Naval Discipline |
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| | Act 1957” substitute “or section 349 of the Armed Forces Act 2006”. |
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| | Foreign Marriage Act 1892 (c. 23) |
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| | A5 | In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members |
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| | |
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| | (i) | in paragraph (a)(i) for the words from “employed” to the end |
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| | substitute “a relevant civilian who is employed in that |
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| | |
| | (ii) | in paragraph (b) for “so prescribed” substitute “prescribed by |
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| | |
| | (b) | after that subsection insert— |
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| | “(1AA) | In subsection (1A)(a)(i) “relevant civilian” means a civilian |
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| | subject to service discipline (within the meaning of the Armed |
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| | Forces Act 2006) of a description prescribed by Order in |
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| | |
| | Regimental Debts Act 1893 (c. 5) |
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| | A6 | In the Regimental Debts Act 1893, for the words “military law”, in each place, |
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| | substitute “service law”. |
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| | A7 | In section 23 of that Act (application of Act to deserters etc), omit the words |
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| | “is sentenced to death or”. |
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| | A8 | In section 29 of that Act (definitions)— |
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| | (a) | in the definition of “desert” for the words from “against paragraph (a)” |
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| | to the end substitute “under section 8 of the Armed Forces Act 2006;”; |
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| | (b) | for the words after that definition substitute— |
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| | ““Subject to service law” has the same meaning as in the Armed |
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| | |
| | A9 | After that section insert— |
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| | “29A | Application of Act to members of naval, marine or air forces |
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| | (1) | Regulations may provide that any provision of this Act does not apply, |
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| | or applies with prescribed modifications, in relation to a relevant |
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| | (2) | In this section “relevant person” means a person subject to service law |
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| | who is not a member of Her Majesty’s military forces.” |
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| | A10 | In section 33 of that Act (short title) for “Regimental Debts Act 1893” |
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| | substitute “Debts (Deceased Servicemen etc) Act 1893”. |
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| | Uniforms Act 1894 (c. 45) |
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| | A11 | In section 4 of the Uniforms Act 1894 (interpretation)— |
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| | (a) | in the definition of “Her Majesty’s Military Forces”, for “Army Act |
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| | 1955” substitute “Armed Forces Act 2006”; |
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| | (b) | for the definition of “Her Majesty’s Naval Forces” substitute— |
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| | ““Her Majesty’s Naval Forces” does not include any |
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| | Criminal Evidence Act 1898 (c. 36) |
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| | A12(1) | Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended |
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| | (2) | In subsection (1) omit the words from “including” to the end. |
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| | (3) | After that subsection insert— |
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| | “(1A) | This Act applies in relation to service proceedings as it applies in |
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| | relation to criminal proceedings before a court in England and Wales. |
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| | (1B) | In this section “service proceedings” means proceedings before a court |
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| | (other than a civilian court) in respect of a service offence; and |
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| | “service offence” and “civilian court” here have the same meanings as |
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| | in the Armed Forces Act 2006.” |
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| | Air Force (Constitution) Act 1917 (c. 51) |
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| | A13 | In section 2(1) of the Air Force (Constitution) Act 1917 (government, |
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| | discipline and pay of the Royal Air Force)— |
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| | (a) | omit “, pay, allowances,”; |
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| | (b) | after “Air Force”, in the second place where it occurs, insert “(except |
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| Schedule 14, page 232, line 4, leave out ‘4(3)’ and insert ‘4’. |
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| Schedule 14, page 232, line 5, at end insert— |
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| | ‘(1A) | In subsection (2)(ii), for the words from the beginning to “may” substitute |
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| | “may, with his consent,”.’. |
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| Schedule 14, page 232, line 6, at beginning insert ‘In subsection (3)— |
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| Schedule 14, page 232, line 14, leave out ‘(3)’ and insert ‘(b)’. |
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| Schedule 14, page 232, line 15, at end insert— |
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| | ‘Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304) |
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| | 1A | In Regulation 6 of the Defence (Armed Forces) Regulations 1939— |
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| | (a) | for “the Naval Discipline Act, military law or air-force law” substitute |
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| | “service law within the meaning of the Armed Forces Act 2006”; |
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| | (b) | omit the words from “within the meaning of” to the end; |
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| | | and the text of the Regulation set out in Part C of Schedule 2 to the Emergency |
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| | Laws (Repeal) Act 1959 (c. 19) is amended accordingly.’. |
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| Schedule 14, page 232, line 28, at end insert— |
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| | ‘Visiting Forces Act 1952 (c. 67) |
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| | 3A (1) | Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and |
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| | absentees of visiting forces) is amended as follows. |
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| | (a) | for the words from “sections one hundred and eighty-six” to “regular |
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| | forces)” substitute “sections 312 to 315 of the Armed Forces Act 2006 |
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| | (which relate to the apprehension and transfer to service custody of |
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| | deserters and absentees without leave who are subject to service law)”; |
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| | (b) | for “from the regular forces” substitute “who are subject to service |
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| | (3) | In subsection (2) for the words from “the said sections” to “eighty-eight” |
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| | substitute “sections 312 and 313 of that Act”. |
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| | (4) | For subsection (3) substitute— |
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| | “(3) | In sections 313 to 315 of that Act as applied by subsection (1) above— |
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| | (a) | references to the transfer of a person to service custody are to |
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| | be read as references to the handing over of that person to such |
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| | authority of the country to which he belongs, at such place in |
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| | the United Kingdom, as may be designated by the appropriate |
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| | authority of that country; |
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| | (b) | references to the taking of a person into service custody are to |
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| | be read as references to the taking of a person into the custody |
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| | of such authority of the country to which he belongs as may |
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| | be designated by the appropriate authority of that country.” |
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| | 3B | In section 14 of that Act (evidence for purposes of section 13) for “Army Act |
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| | 1955” substitute “Armed Forces Act 2006”. |
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| | Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58) |
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| | 3C (1) | Section 1 of the Registration of Births, Deaths and Marriages (Special |
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| | Provisions) Act 1957 (records of births, marriages and deaths among armed |
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| | forces etc overseas) is amended as follows. |
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| | (a) | omit the words “, or among the families of”; |
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| | (b) | for paragraph (b) substitute— |
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| | “(b) | civilians subject to service discipline.” |
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| | (a) | for the words from “, or the family” to “of this section” substitute “a |
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| | civilian subject to service discipline”; |
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| | (b) | for “more particular description” substitute “particular description of |
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| | |
| | (4) | For subsection (5) substitute— |
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| | “(6) | In this section “civilian subject to service discipline” has the same |
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| | meaning as in the Armed Forces Act 2006.” |
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| | 3D | In section 2(1) of that Act (records of births and deaths in HM ships and |
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| | (a) | omit paragraphs (a) and (b); |
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| | (b) | in paragraph (c) for “such an aircraft” substitute “one of Her Majesty’s |
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| | aircraft (as defined by paragraph 1(4) of Schedule 13 to the Armed |
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| | 3E | In section 4 of that Act (validation of certain entries)— |
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| | (a) | in subsection (1) for the words from “of any description” to “section |
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| | one of this Act” substitute “within subsection (1A) below”; |
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| | (b) | after that subsection insert— |
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| | “(1A) | A person is within this subsection if— |
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| | (a) | he serves Her Majesty in, or is otherwise employed in |
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| | any capacity connected with, Her Majesty’s naval, |
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| | military or air forces; or |
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| | (b) | he belongs to or is employed by any organisation |
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| | concerned with the welfare of members of those |
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| | 3F | In section 5(1)(b) of that Act (registration of births of legitimated persons), for |
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| | the words from “a person of” to the end substitute “a civilian subject to service |
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| | discipline (within the meaning of the Armed Forces Act 2006),”. |
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| | Public Records Act 1958 (c. 51) |
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| | 3G | In Schedule 1 to the Public Records Act 1958 (definition of public records), in |
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| | paragraph 4(1), after paragraph (f) insert— |
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| | “(fa) | records of the Court Martial, the Summary Appeal Court or |
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| | the Service Civilian Court;”.’. |
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| Schedule 14, page 232, line 34, leave out ‘(whether or not made in England and |
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| Wales)’ and insert ‘(except one made in Scotland or Northern Ireland)’. |
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| Schedule 14, page 232, line 37, leave out ‘(whether or not made in England and |
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| Wales)’ and insert ‘(except one made in Scotland or Northern Ireland)’. |
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| Schedule 14, page 232, line 40, at end insert— |
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| | ‘Criminal Justice Act 1961 (c. 39) |
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| | 4A | In section 22 of the Criminal Justice Act 1961 (assisting escaped prisoners etc), |
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| | for subsection (3) substitute— |
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| | “(2A) | The reference in subsection (2) to a person who has been sentenced as |
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| | mentioned there includes— |
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| | (a) | a person on whom a custodial sentence within the meaning of |
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| | the Armed Forces Act 2006 has been passed (anywhere) in |
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| | respect of a service offence within the meaning of that Act; |
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| | (b) | a person in respect of whom an order under section 213 of that |
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| | Act (detention for commission of offence during currency of |
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| | 4B | In section 39 of that Act (interpretation) for subsection (2) substitute— |
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| | “(2) | Except as otherwise expressly provided, references in this Act to a |
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| | court do not include the Court Martial, the Summary Appeal Court, the |
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| | Service Civilian Court, the Court Martial Appeal Court or the |
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| | Supreme Court on an appeal brought from the Court Martial Appeal |
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| | |
| | Parliamentary Commissioner Act 1967 (c. 13) |
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| | 4C | In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not |
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| | subject to investigation)— |
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| | (a) | in paragraph 6 for the words from “proceedings at any place” to “Air |
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| | Force Act 1955” substitute “service law proceedings (as defined by |
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| | section 321(5) of the Armed Forces Act 2006) (anywhere)”; |
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| | (b) | in paragraph 7 for “Courts-Martial Appeal Court” substitute “Court |
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| | Criminal Justice Act 1967 (c. 80) |
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| | 4D | In section 72 of the Criminal Justice Act 1967 (power to issue warrant for |
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| | arrest of escaped prisoners etc) after subsection (5) add— |
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| | “(6) | References in this section to offences include service offences within |
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| | the meaning of the Armed Forces Act 2006.” |
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| | 4E | In section 104(1) of that Act (interpretation), in the definition of “court” for “a |
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| | court-martial” substitute “the Court Martial, the Summary Appeal Court, the |
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| | Service Civilian Court, the Court Martial Appeal Court or the Supreme Court |
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| | on an appeal brought from the Court Martial Appeal Court”. |
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| | Civil Evidence Act 1968 (c. 64) |
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| | 4F (1) | Section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil |
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| | proceedings) is amended as follows. |
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| | (2) | In subsection (1) for “by a court-martial there or elsewhere” substitute “of a |
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| | service offence (anywhere)”. |
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| | (3) | In subsection (2) for “by a court-martial there or elsewhere” substitute “of a |
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| | (4) | In subsection (5) after paragraph (a) insert— |
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| | “(aa) | section 186 of the Armed Forces Act 2006 (which makes |
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| | similar provision in respect of service convictions);”. |
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| | (5) | For subsection (6) substitute— |
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| | “service offence” has the same meaning as in the Armed Forces Act |
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| | “conviction” includes anything that under section 366(1) and (2) of that |
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| | Act is to be treated as a conviction, and “convicted” is to be read |
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| | 4G | In section 13 of that Act (conclusiveness of convictions for purposes of |
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| | (a) | in subsection (3) for “by a court-martial there or elsewhere” substitute |
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| | “(in the case of a service offence) a conviction (anywhere) of that |
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| | (b) | in subsection (4) for “(6)” substitute “(7)”. |
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| | 4H | In section 18 of that Act (general interpretation etc)— |
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| | (a) | in subsection (2), in the definition of “court” for “court-martial” |
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| | substitute “service court”; |
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| | (b) | after that subsection insert— |
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| | “(2A) | In subsection (2) “service court” means the Court Martial, the |
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| | Summary Appeal Court, the Service Civilian Court, the Court |
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| | Martial Appeal Court or the Supreme Court on an appeal |
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| | brought from the Court Martial Appeal Court.” |
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| | Equal Pay Act 1970 (c. 41) |
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| | 4I (1) | Section 7A of the Equal Pay Act 1970 (service pay and conditions) is amended |
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| | (a) | in paragraph (a) for the words from “a complaint” to “those |
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| | procedures” substitute “a service complaint in respect of the claim”; |
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| | (b) | in paragraph (b) for “complaint” substitute “service complaint”. |
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| | (3) | In subsection (7), for “the service redress procedures” substitute “the service |
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| | (4) | In subsection (12), for the definition of “the service redress procedures” |
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| | ““service complaint” means a complaint under section 330 of the Armed |
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| | “the service complaint procedures” means the procedures prescribed by |
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| | regulations under that section.” |
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| | 4J | In section 7AB of that Act (“arrears date” for purposes of section 7A(9)(a) |
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| | (proceedings in England and Wales))— |
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| | (a) | in subsection (2), in paragraph (b) of the definitions of “concealment |
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| | case” and “disability case”, for “complaint under the service redress |
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| | procedures” substitute “service complaint”; |
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| | (b) | in subsection (3) for “complaint under the service redress procedures” |
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| | substitute “service complaint”; |
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| | (c) | in subsection (5) for the words from “complaint” to the end substitute |
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| | “service complaint having been made.”; |
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| | (d) | in subsection (6) for “complaint under the service redress procedures” |
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| | substitute “service complaint”. |
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| | 4K | In section 7AC of that Act (determination of “period” for purposes of section |
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| | 7A(9)(b) (proceedings in Scotland))— |
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| | (a) | in subsection (2) for “complaint under the service redress procedures” |
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| | substitute “service complaint”; |
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| | (b) | in subsection (4) for the words from “complaint” to the end substitute |
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| | “service complaint having been made.”; |
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| | (c) | in subsection (5) for “complaint under the service redress procedures” |
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| | substitute “service complaint”. |
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| | Equal Pay Act (Northern Ireland) 1970 (c. 32) |
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| | 4L (1) | Section 6A of the Equal Pay Act (Northern Ireland) 1970 (service pay and |
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| | conditions) is amended as follows. |
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| | |
| | (a) | in paragraph (a) for the words from “a complaint” to “those |
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| | procedures” substitute “a service complaint in respect of the claim”; |
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| | (b) | in paragraph (b) for “complaint” substitute “service complaint”. |
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| | (3) | In subsection (7), for “the service redress procedures” substitute “the service |
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| | (4) | In subsection (12), for the definition of “the service redress procedures” |
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| | ““service complaint” means a complaint under section 330 of the Armed |
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| | “the service complaint procedures” means the procedures prescribed by |
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| | regulations under that section.” |
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| | 4M | In section 6AB of that Act (“arrears date” in proceedings under section |
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| | (a) | in subsection (2), in paragraph (b) of the definitions of “concealment |
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| | case” and “disability case”, for “complaint under the service redress |
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| | procedures” substitute “service complaint”; |
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| | (b) | in subsection (3) for “complaint under the service redress procedures” |
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| | substitute “service complaint”; |
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| | (c) | in subsection (5) for the words from “complaint” to the end substitute |
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| | “service complaint having been made.”; |
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| | (d) | in subsection (6) for “complaint under the service redress procedures” |
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| | substitute “service complaint”. |
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| | Civil Evidence Act (Northern Ireland) 1971 (c. 36) |
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| | 4N (1) | Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as |
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| | evidence in civil proceedings) is amended as follows. |
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| | (2) | In subsection (1) for “by a court-martial there or elsewhere” substitute “of a |
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| | service offence (anywhere)”. |
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| | (3) | In subsection (2) for “by a court-martial there or elsewhere” substitute “of a |
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| | |
| | (4) | In subsection (5) after paragraph (b) insert— |
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|