sc0943003.33-39

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
33

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  74

Schedule  14,  page  232,  line  2,  at end insert—

‘Metropolitan Police Act 1860 (c. 135)

A1
In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act

on military land etc), for “subject to naval or marine or military or air force

discipline” substitute “who are subject to service law, or are civilians subject

to service discipline, within the meaning of the Armed Forces Act 2006”.

Naval and Marine Pay and Pensions Act 1865 (c. 73)

A2
In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of

naval and marine pay and pensions according to Order in Council) for the

words from “pay” to “thereof” substitute “pensions and grants”.

A3
In section 9 of that Act (Order in Council not to contain provision inconsistent

with Naval Discipline Act), for the words from “pay” to the end substitute

“pensions contained in the Armed Forces Act 2006.”

Naval Pensions Act 1884 (c. 44)

A4
In section 2 of the Naval Pensions Act 1884 (application of certain enactments

to Greenwich Hospital pensions), for “or section 128G of the Naval Discipline

Act 1957” substitute “or section 349 of the Armed Forces Act 2006”.

Foreign Marriage Act 1892 (c. 23)

A5
In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members

of armed forces etc)—

(a)
in subsection (1A)—

(i)
in paragraph (a)(i) for the words from “employed” to the end

substitute “a relevant civilian who is employed in that

territory; or”;

(ii)
in paragraph (b) for “so prescribed” substitute “prescribed by

Order in Council”;

(b)
after that subsection insert—

“(1AA)
In subsection (1A)(a)(i) “relevant civilian” means a civilian

subject to service discipline (within the meaning of the Armed

Forces Act 2006) of a description prescribed by Order in

Council.”

Regimental Debts Act 1893 (c. 5)

A6
In the Regimental Debts Act 1893, for the words “military law”, in each place,

substitute “service law”.

A7
In section 23 of that Act (application of Act to deserters etc), omit the words

“is sentenced to death or”.

A8
In section 29 of that Act (definitions)—

(a)
in the definition of “desert” for the words from “against paragraph (a)”

to the end substitute “under section 8 of the Armed Forces Act 2006;”;

(b)
for the words after that definition substitute—

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

Forces Act 2006.”

A9
After that section insert—

Select Committee Proceedings: 30th March 2006
34

Armed Forces Bill, continued

“29A
Application of Act to members of naval, marine or air forces

(1)
Regulations may provide that any provision of this Act does not apply,

or applies with prescribed modifications, in relation to a relevant

person.

(2)
In this section “relevant person” means a person subject to service law

who is not a member of Her Majesty’s military forces.”

A10
In section 33 of that Act (short title) for “Regimental Debts Act 1893”

substitute “Debts (Deceased Servicemen etc) Act 1893”.

Uniforms Act 1894 (c. 45)

A11
In section 4 of the Uniforms Act 1894 (interpretation)—

(a)
in the definition of “Her Majesty’s Military Forces”, for “Army Act

1955” substitute “Armed Forces Act 2006”;

(b)
for the definition of “Her Majesty’s Naval Forces” substitute—

““Her Majesty’s Naval Forces” does not include any

Commonwealth force.”

Criminal Evidence Act 1898 (c. 36)

A12(1)
Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended

as follows.

      (2)
In subsection (1) omit the words from “including” to the end.

      (3)
After that subsection insert—

“(1A)
This Act applies in relation to service proceedings as it applies in

relation to criminal proceedings before a court in England and Wales.

(1B)
In this section “service proceedings” means proceedings before a court

(other than a civilian court) in respect of a service offence; and

“service offence” and “civilian court” here have the same meanings as

in the Armed Forces Act 2006.”

Air Force (Constitution) Act 1917 (c. 51)

A13
In section 2(1) of the Air Force (Constitution) Act 1917 (government,

discipline and pay of the Royal Air Force)—

(a)
omit “, pay, allowances,”;

(b)
after “Air Force”, in the second place where it occurs, insert “(except

pay and allowances)”.’.

Mr Don Touhig

Agreed to  75

Schedule  14,  page  232,  line  4,  leave out ‘4(3)’ and insert ‘4’.

Mr Don Touhig

Agreed to  76

Schedule  14,  page  232,  line  5,  at end insert—

  ‘(1A)
In subsection (2)(ii), for the words from the beginning to “may” substitute

“may, with his consent,”.’.

Select Committee Proceedings: 30th March 2006
35

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  77

Schedule  14,  page  232,  line  6,  at beginning insert ‘In subsection (3)—

(a)
’.

Mr Don Touhig

Agreed to  78

Schedule  14,  page  232,  line  14,  leave out ‘(3)’ and insert ‘(b)’.

Mr Don Touhig

Agreed to  79

Schedule  14,  page  232,  line  15,  at end insert—

‘Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)

1A
In Regulation 6 of the Defence (Armed Forces) Regulations 1939—

(a)
for “the Naval Discipline Act, military law or air-force law” substitute

“service law within the meaning of the Armed Forces Act 2006”;

(b)
omit the words from “within the meaning of” to the end;


and the text of the Regulation set out in Part C of Schedule 2 to the Emergency

Laws (Repeal) Act 1959 (c. 19) is amended accordingly.’.

Mr Don Touhig

Agreed to  80

Schedule  14,  page  232,  line  28,  at end insert—

‘Visiting Forces Act 1952 (c. 67)

3A  (1)
Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and

absentees of visiting forces) is amended as follows.

      (2)
In subsection (1)—

(a)
for the words from “sections one hundred and eighty-six” to “regular

forces)” substitute “sections 312 to 315 of the Armed Forces Act 2006

(which relate to the apprehension and transfer to service custody of

deserters and absentees without leave who are subject to service law)”;

(b)
for “from the regular forces” substitute “who are subject to service

law”.

      (3)
In subsection (2) for the words from “the said sections” to “eighty-eight”

substitute “sections 312 and 313 of that Act”.

      (4)
For subsection (3) substitute—

“(3)
In sections 313 to 315 of that Act as applied by subsection (1) above—

(a)
references to the transfer of a person to service custody are to

be read as references to the handing over of that person to such

authority of the country to which he belongs, at such place in

the United Kingdom, as may be designated by the appropriate

authority of that country;

(b)
references to the taking of a person into service custody are to

be read as references to the taking of a person into the custody

of such authority of the country to which he belongs as may

be designated by the appropriate authority of that country.”

3B
In section 14 of that Act (evidence for purposes of section 13) for “Army Act

1955” substitute “Armed Forces Act 2006”.

Select Committee Proceedings: 30th March 2006
36

Armed Forces Bill, continued

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

3C  (1)
Section 1 of the Registration of Births, Deaths and Marriages (Special

Provisions) Act 1957 (records of births, marriages and deaths among armed

forces etc overseas) is amended as follows.

      (2)
In subsection (1)—

(a)
omit the words “, or among the families of”;

(b)
for paragraph (b) substitute—

“(b)
civilians subject to service discipline.”

      (3)
In subsection (3)—

(a)
for the words from “, or the family” to “of this section” substitute “a

civilian subject to service discipline”;

(b)
for “more particular description” substitute “particular description of

such civilians”.

      (4)
For subsection (5) substitute—

“(6)
In this section “civilian subject to service discipline” has the same

meaning as in the Armed Forces Act 2006.”

3D
In section 2(1) of that Act (records of births and deaths in HM ships and

aircraft etc)—

(a)
omit paragraphs (a) and (b);

(b)
in paragraph (c) for “such an aircraft” substitute “one of Her Majesty’s

aircraft (as defined by paragraph 1(4) of Schedule 13 to the Armed

Forces Act 2006)”.

3E
In section 4 of that Act (validation of certain entries)—

(a)
in subsection (1) for the words from “of any description” to “section

one of this Act” substitute “within subsection (1A) below”;

(b)
after that subsection insert—

“(1A)
A person is within this subsection if—

(a)
he serves Her Majesty in, or is otherwise employed in

any capacity connected with, Her Majesty’s naval,

military or air forces; or

(b)
he belongs to or is employed by any organisation

concerned with the welfare of members of those

forces.”

3F
In section 5(1)(b) of that Act (registration of births of legitimated persons), for

the words from “a person of” to the end substitute “a civilian subject to service

discipline (within the meaning of the Armed Forces Act 2006),”.

Public Records Act 1958 (c. 51)

3G
In Schedule 1 to the Public Records Act 1958 (definition of public records), in

paragraph 4(1), after paragraph (f) insert—

“(fa)
records of the Court Martial, the Summary Appeal Court or

the Service Civilian Court;”.’.

Mr Don Touhig

Agreed to  81

Schedule  14,  page  232,  line  34,  leave out ‘(whether or not made in England and

Wales)’ and insert ‘(except one made in Scotland or Northern Ireland)’.

Select Committee Proceedings: 30th March 2006
37

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  82

Schedule  14,  page  232,  line  37,  leave out ‘(whether or not made in England and

Wales)’ and insert ‘(except one made in Scotland or Northern Ireland)’.

Mr Don Touhig

Agreed to  83

Schedule  14,  page  232,  line  40,  at end insert—

‘Criminal Justice Act 1961 (c. 39)

4A
In section 22 of the Criminal Justice Act 1961 (assisting escaped prisoners etc),

for subsection (3) substitute—

“(2A)
The reference in subsection (2) to a person who has been sentenced as

mentioned there includes—

(a)
a person on whom a custodial sentence within the meaning of

the Armed Forces Act 2006 has been passed (anywhere) in

respect of a service offence within the meaning of that Act;

(b)
a person in respect of whom an order under section 213 of that

Act (detention for commission of offence during currency of

order) has been made.”

4B
In section 39 of that Act (interpretation) for subsection (2) substitute—

“(2)
Except as otherwise expressly provided, references in this Act to a

court do not include the Court Martial, the Summary Appeal Court, the

Service Civilian Court, the Court Martial Appeal Court or the

Supreme Court on an appeal brought from the Court Martial Appeal

Court.”

Parliamentary Commissioner Act 1967 (c. 13)

4C
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not

subject to investigation)—

(a)
in paragraph 6 for the words from “proceedings at any place” to “Air

Force Act 1955” substitute “service law proceedings (as defined by

section 321(5) of the Armed Forces Act 2006) (anywhere)”;

(b)
in paragraph 7 for “Courts-Martial Appeal Court” substitute “Court

Martial Appeal Court”.

Criminal Justice Act 1967 (c. 80)

4D
In section 72 of the Criminal Justice Act 1967 (power to issue warrant for

arrest of escaped prisoners etc) after subsection (5) add—

“(6)
References in this section to offences include service offences within

the meaning of the Armed Forces Act 2006.”

4E
In section 104(1) of that Act (interpretation), in the definition of “court” for “a

court-martial” substitute “the Court Martial, the Summary Appeal Court, the

Service Civilian Court, the Court Martial Appeal Court or the Supreme Court

on an appeal brought from the Court Martial Appeal Court”.

Civil Evidence Act 1968 (c. 64)

4F  (1)
Section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil

proceedings) is amended as follows.

Select Committee Proceedings: 30th March 2006
38

Armed Forces Bill, continued

      (2)
In subsection (1) for “by a court-martial there or elsewhere” substitute “of a

service offence (anywhere)”.

      (3)
In subsection (2) for “by a court-martial there or elsewhere” substitute “of a

service offence”.

      (4)
In subsection (5) after paragraph (a) insert—

“(aa)
section 186 of the Armed Forces Act 2006 (which makes

similar provision in respect of service convictions);”.

      (5)
For subsection (6) substitute—

“(7)
In this section—

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

2006;

“conviction” includes anything that under section 366(1) and (2) of that

Act is to be treated as a conviction, and “convicted” is to be read

accordingly.”

4G
In section 13 of that Act (conclusiveness of convictions for purposes of

defamation actions)—

(a)
in subsection (3) for “by a court-martial there or elsewhere” substitute

“(in the case of a service offence) a conviction (anywhere) of that

service offence”;

(b)
in subsection (4) for “(6)” substitute “(7)”.

4H
In section 18 of that Act (general interpretation etc)—

(a)
in subsection (2), in the definition of “court” for “court-martial”

substitute “service court”;

(b)
after that subsection insert—

“(2A)
In subsection (2) “service court” means the Court Martial, the

Summary Appeal Court, the Service Civilian Court, the Court

Martial Appeal Court or the Supreme Court on an appeal

brought from the Court Martial Appeal Court.”

Equal Pay Act 1970 (c. 41)

4I  (1)
Section 7A of the Equal Pay Act 1970 (service pay and conditions) is amended

as follows.

      (2)
In subsection (5)—

(a)
in paragraph (a) for the words from “a complaint” to “those

procedures” substitute “a service complaint in respect of the claim”;

(b)
in paragraph (b) for “complaint” substitute “service complaint”.

      (3)
In subsection (7), for “the service redress procedures” substitute “the service

complaint procedures”.

      (4)
In subsection (12), for the definition of “the service redress procedures”

substitute—

““service complaint” means a complaint under section 330 of the Armed

Forces Act 2006;

“the service complaint procedures” means the procedures prescribed by

regulations under that section.”

4J
In section 7AB of that Act (“arrears date” for purposes of section 7A(9)(a)

(proceedings in England and Wales))—

(a)
in subsection (2), in paragraph (b) of the definitions of “concealment

case” and “disability case”, for “complaint under the service redress

procedures” substitute “service complaint”;

Select Committee Proceedings: 30th March 2006
39

Armed Forces Bill, continued

(b)
in subsection (3) for “complaint under the service redress procedures”

substitute “service complaint”;

(c)
in subsection (5) for the words from “complaint” to the end substitute

“service complaint having been made.”;

(d)
in subsection (6) for “complaint under the service redress procedures”

substitute “service complaint”.

4K
In section 7AC of that Act (determination of “period” for purposes of section

7A(9)(b) (proceedings in Scotland))—

(a)
in subsection (2) for “complaint under the service redress procedures”

substitute “service complaint”;

(b)
in subsection (4) for the words from “complaint” to the end substitute

“service complaint having been made.”;

(c)
in subsection (5) for “complaint under the service redress procedures”

substitute “service complaint”.

Equal Pay Act (Northern Ireland) 1970 (c. 32)

4L  (1)
Section 6A of the Equal Pay Act (Northern Ireland) 1970 (service pay and

conditions) is amended as follows.

      (2)
In subsection (5)—

(a)
in paragraph (a) for the words from “a complaint” to “those

procedures” substitute “a service complaint in respect of the claim”;

(b)
in paragraph (b) for “complaint” substitute “service complaint”.

      (3)
In subsection (7), for “the service redress procedures” substitute “the service

complaint procedures”.

      (4)
In subsection (12), for the definition of “the service redress procedures”

substitute—

““service complaint” means a complaint under section 330 of the Armed

Forces Act 2006;

“the service complaint procedures” means the procedures prescribed by

regulations under that section.”

4M
In section 6AB of that Act (“arrears date” in proceedings under section

6A(9))—

(a)
in subsection (2), in paragraph (b) of the definitions of “concealment

case” and “disability case”, for “complaint under the service redress

procedures” substitute “service complaint”;

(b)
in subsection (3) for “complaint under the service redress procedures”

substitute “service complaint”;

(c)
in subsection (5) for the words from “complaint” to the end substitute

“service complaint having been made.”;

(d)
in subsection (6) for “complaint under the service redress procedures”

substitute “service complaint”.

Civil Evidence Act (Northern Ireland) 1971 (c. 36)

4N  (1)
Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as

evidence in civil proceedings) is amended as follows.

      (2)
In subsection (1) for “by a court-martial there or elsewhere” substitute “of a

service offence (anywhere)”.

      (3)
In subsection (2) for “by a court-martial there or elsewhere” substitute “of a

service offence”.

      (4)
In subsection (5) after paragraph (b) insert—