sc0943003.52-58

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
52

Armed Forces Bill, continued

“(aa)
is temporarily released under rules under section

298 of the Armed Forces Act 2006; or”;

(d)
in sub-paragraph (6)(a) for the words from “imprisoned” to the end

substitute “in service custody; and”.

      (3)
In paragraph 6(2)(b) for the words from “subject to” to the end substitute

“subject to service law within the meaning of the Armed Forces Act 2006.”

Sexual Offences (Amendment) Act 1992 (c. 34)

9M
In section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which

the Act applies), for subsection (4) substitute—

“(4)
This Act applies to an offence under section 42 of the Armed Forces

Act 2006 if the corresponding offence under the law of England and

Wales (within the meaning given by that section) is an offence within

a paragraph of subsection (1) above.”

9N
In section 3 of that Act (power to displace restrictions in section 1), after

subsection (6A) insert—

“(6B)
Where a person is charged with an offence to which this Act applies

by virtue of section 2(4), this section applies as if—

(a)
in subsections (1) and (2) for any reference to the judge there

were substituted a reference to the court; and

(b)
subsections (6) and (6A) were omitted.”

9O
In section 4 of that Act (special rules for cases of incest or buggery), omit

subsection (9).

9P  (1)
Section 6 of that Act (interpretation etc) is amended as follows.

      (2)
In subsection (1) omit the definitions of “corresponding civil offence” and

“service offence”.

      (3)
After that subsection insert—

“(1A)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,

incitement and aiding and abetting outside England and Wales)

applies for the purposes of this Act as if the reference in subsection

(3)(b) of that section to any of the following provisions of that Act

were a reference to any provision of this Act.”

      (4)
In subsection (3) for “a service offence” substitute “an offence under section

42 of the Armed Forces Act 2006”.

      (5)
In subsection (3A) for the words from “a service offence” to “as charged with

the offence” substitute “an offence under section 42 of the Armed Forces Act

2006 if he is charged (under Part 5 of that Act) with the offence”.

9Q
Omit section 7 of that Act (courts-martial).

9R
In section 8 of that Act (short title, commencement and extent, etc) omit

subsection (7).

Criminal Justice and Public Order Act 1994 (c. 33)

9S
In section 39 of the Criminal Justice and Public Order Act 1994 (power to

apply sections 34 to 38 to armed forces), for subsection (2) substitute—

“(2)
This section applies to any proceedings before an officer or court in

respect of a service offence (other than proceedings before a civilian

court); and “service offence” and “civilian court” here have the same

meanings as in the Armed Forces Act 2006.”

Select Committee Proceedings: 30th March 2006
53

Armed Forces Bill, continued

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

9T
In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in

paragraph 5 for sub-paragraph (1) substitute—

  “(1)
In paragraph 1(3)(a) the reference to an offence mentioned in

paragraph 5 of Schedule 2 includes an offence under section 42 of

the Armed Forces Act 2006 as respects which the corresponding

offence under the law of England and Wales (within the meaning

given by that section) is an offence mentioned in that paragraph.

    (1A)
In paragraphs 3 and 4, references to an offence under the law of any

part of the United Kingdom include an offence under section 42 of

that Act.

    (1B)
In paragraph 3(2)(c) the reference to a community order includes a

service community order or overseas community order under that

Act.”

Pensions Act 1995 (c. 26)

9U
In section 166(5)(a) of the Pensions Act 1995 (pensions on divorce etc), for the

words from “section 203(1) and (2) of the Army Act 1955” to “1957”

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

Criminal Procedure (Scotland) Act 1995 (c. 46)

9V
In section 307 of the Criminal Procedure (Scotland) Act 1995

(interpretation)—

(a)
in subsection (2)—

(i)
for “court-martial”, both times it occurs, substitute “service

court”;

(ii)
for the words “under the” to the end substitute “for an offence

under section 42 of the Armed Forces Act 2006.”;

(b)
after that subsection insert—

“(2A)
In subsection (2), “service court” means—

(a)
the Court Martial;

(b)
the Summary Appeal Court;

(c)
the Court Martial Appeal Court; or

(d)
the Supreme Court on an appeal brought from the Court

Martial Appeal Court.”

Disability Discrimination Act 1995 (c. 50)

9W
In section 68 of the Disability Discrimination Act 1995 (interpretation)—

(a)
in subsection (1) for the definition of “criminal proceedings”

substitute—

““criminal proceedings” includes service law proceedings (as

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

(b)
in subsection (1C), in the definition of “offence” for the words from

“any offence” to “1957” substitute “any service offence within the

meaning of the Armed Forces Act 2006”.

Select Committee Proceedings: 30th March 2006
54

Armed Forces Bill, continued

Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

9X
In Article 162(5)(a) of the Pensions (Northern Ireland) Order 1995 (pensions

on divorce etc), for the words from “section 203(1) and (2) of the Army Act

1955” to “1957” substitute “section 349 of the Armed Forces Act 2006”.

Employment Rights Act 1996 (c. 18)

9Y
In section 192 of the Employment Rights Act 1996 (armed forces)—

(a)
in subsection (4)—

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

procedures” substitute “a service complaint”;

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

complaint”;

(b)
in subsection (5)(b) for “the service procedures for the redress of

complaints” substitute “the service complaint procedures”;

(c)
for subsection (6) substitute—

“(6A)
In subsections (4) and (5)—

“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.”

Criminal Procedure and Investigations Act 1996 (c. 25)

9Z
For section 78 of the Criminal Procedure and Investigations Act 1996

substitute—

“78
Application to armed forces

(1)
Subject to subsection (2), nothing in this Act applies in relation to—

(a)
proceedings before a court (other than a civilian court) in

respect of a service offence; or

(b)
any investigation conducted with a view to its being

ascertained whether a person should be charged with a service

offence or whether a person charged with such an offence is

guilty of it.

(2)
The Secretary of State may by order—

(a)
make as regards any proceedings mentioned in subsection

(1)(a) provision equivalent to the provisions contained in or

made under Part 1, subject to such modifications as he

considers appropriate;

(b)
make as regards any investigation mentioned in subsection

(1)(b) provision equivalent to the provisions contained in or

made under Part 2, subject to such modifications as he

considers appropriate.

(3)
An order under this section may make provision in such way as the

Secretary of State considers appropriate, and may in particular apply

any of the provisions concerned, with or without modifications.

(4)
In this section—

(a)
“civilian court” and “service offence” have the same

meanings as in the Armed Forces Act 2006;

Select Committee Proceedings: 30th March 2006
55

Armed Forces Bill, continued

(b)
references to charges are to charges brought under Part 5 of

that Act.”

Armed Forces Act 1996 (c. 46)

9AA
In section 6 of the Armed Forces Act 1996 (abrogation of common law

corroboration rules), in subsection (3) for the words from “for any offence” to

the end substitute “before—

(a)
the Court Martial;

(b)
the Summary Appeal Court;

(c)
the Service Civilian Court;

(d)
the Court Martial Appeal Court; or

(e)
the Supreme Court on an appeal brought from the Court

Martial Appeal Court.”

Housing Act 1996 (c. 52)

9AB
In section 199(4) of the Housing Act 1996 (local connection), for the words

from “the Royal Navy” to the end substitute “the regular forces as defined by

section 364 of the Armed Forces Act 2006.”

Social Security (Recovery of Benefits) Act 1997 (c. 27)

9AC
In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997

(compensation payments), in paragraph 2 after “2000” insert “or section 174

of the Armed Forces Act 2006”.’.

Mr Don Touhig

Agreed to  88

Schedule  14,  page  234,  line  17,  leave out from beginning to end of line 18 and

insert—

    ‘(1)
Section 34 of that Act (meaning of “life sentence” for purposes of Chapter 2 of

Part 2) is amended as follows.

      (2)
In subsection (2)—’.

Mr Don Touhig

Agreed to  89

Schedule  14,  page  234,  line  27,  at end insert—

    ‘(3)
Omit subsection (3).

11A
In section 47(4) of that Act (application of section 47), at the end of paragraph

(b) insert “or” and for paragraphs (c) and (d) substitute—

“(c)
Schedule 4 to the Armed Forces Act 2006 (including as

applied by section 16(2) of the Court Martial Appeals Act

1968).”

11B
In section 57 of that Act (extent etc), for subsection (8) substitute—

“(8)
Nothing in subsection (4) above affects the extent of section 47 of this

Act so far as it confers a power on the Court Martial or the Court

Martial Appeal Court.”’.

Mr Don Touhig

Agreed to  90

Schedule  14,  page  234,  line  35,  at end insert—

Select Committee Proceedings: 30th March 2006
56

Armed Forces Bill, continued

‘Police Act 1997 (c. 50)

12A(1)
Section 93 of the Police Act 1997 (authorisations to interfere with property etc)

is amended as follows.

      (2)
In subsection (3)(aa) for “Royal Navy Regulating Branch” substitute “Royal

Navy Police”.

      (3)
In subsection (5)(eb) for “Royal Navy Regulating Branch” substitute “Royal

Navy Police”.

      (4)
In subsection (6A)(a) for “subject to service discipline” substitute “who is

subject to service law or is a civilian subject to service discipline”.

      (5)
For subsection (6B) substitute—

“(6B)
In subsection (6A) “subject to service law” and “civilian subject to

service discipline” have the same meanings as in the Armed Forces

Act 2006.”

12B
In section 94(2)(db) of that Act (authorisations given in absence of authorising

officer), for “Royal Navy Regulating Branch” substitute “Royal Navy Police”.

12C
In section 108(1) of that Act (interpretation of Part 3), in the definition of

“criminal proceedings”, for paragraphs (a) to (c) substitute “proceedings

(whether or not before a court) in respect of a service offence within the

meaning of the Armed Forces Act 2006;”.

12D
In section 113B(10) of that Act (enhanced criminal record certificates:

meaning of “police force”), for paragraphs (a) and (b) substitute—

“(a)
the Royal Navy Police;”.

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

12E(1)
Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to

Crown etc) is amended as follows.

      (2)
In paragraph (8)—

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

procedures” substitute “a service complaint in respect of the act

complained of”;

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

      (3)
In paragraph (10) for “the service redress procedures” substitute “the service

complaint procedures”.

      (4)
In paragraph (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;”.

Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183

(N.I. 12))

12F
In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern

Ireland) Order 1997 (compensation payments), in paragraph 2 after “1994”

insert “or section 174 of the Armed Forces Act 2006”.

Landmines Act 1998 (c. 33)

12G
In section 5(7) of the Landmines Act 1998 (international military operations),

in the definition of “Her Majesty’s armed forces” for “Army Act 1955”

substitute “Armed Forces Act 2006”.

Select Committee Proceedings: 30th March 2006
57

Armed Forces Bill, continued

Crime and Disorder Act 1998 (c. 37)

12H
In section 38(4)(h) of the Crime and Disorder Act 1998 (youth justice

services), after “detention and training order” insert “(including an order under

section 210 of the Armed Forces Act 2006)”.

12I
In section 41(5) of that Act (functions of Youth Justice Board)—

(a)
in paragraph (i), for sub-paragraphs (i) and (ii) substitute—

“(i)
secure accommodation, within the meaning

given by section 107 of the Powers of

Criminal Courts (Sentencing) Act 2000, for

the purpose of detaining persons subject to

orders under section 100, 104(3)(a) or 105(2)

of that Act or section 210 or 213 of the

Armed Forces Act 2006;

(ii)
accommodation which is or may be used for

the purpose of detaining persons sentenced

under section 90 or 91 of the Powers of

Criminal Courts (Sentencing) Act 2000 or

section 208 or 217 of the Armed Forces Act

2006;”;

(b)
in paragraph (j), for sub-paragraphs (i) and (ii) substitute—

“(i)
secure accommodation, within the meaning

given by section 107 of the Powers of

Criminal Courts (Sentencing) Act 2000, to be

used for detaining a person in accordance

with a determination under section 102(1),

104(3)(a) or 105(2) of that Act or section

213(3) of the Armed Forces Act 2006; or

(ii)
accommodation to be used for detaining a

person in accordance with a direction by the

Secretary of State under section 92 of the

Powers of Criminal Courts (Sentencing) Act

2000 or a determination by the Secretary of

State under section 209 or 217(3) of the

Armed Forces Act 2006;”.

12J
In Schedule 3 to that Act (procedure where persons sent for trial under section

51), in paragraph 9(5) (definition of “previous conviction”) for paragraph (b)

substitute—

“(b)
a previous conviction of a service offence within the meaning

of the Armed Forces Act 2006 (“conviction” here including

anything that under section 366(1) and (2) of that Act is to be

treated as a conviction).”

Human Rights Act 1998 (c. 42)

12K
In section 4(5)(c) of the Human Rights Act 1998 (declaration of

incompatibility), for “Courts-Martial Appeal Court” substitute “Court Martial

Appeal Court”.

12L
In section 5(5) of that Act (right of Crown to intervene), for “Courts-Martial

Appeal Court” substitute “Court Martial Appeal Court”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

12M
In section 44(13)(c) of the Youth Justice and Criminal Evidence Act 1999

(reporting restrictions on alleged offences involving persons under 18:

Select Committee Proceedings: 30th March 2006
58

Armed Forces Bill, continued

meaning of “person subject to service law”), for sub-paragraphs (i) and (ii)

substitute—

“(i)
a person subject to service law within the meaning of

the Armed Forces Act 2006; or

(ii)
a civilian subject to service discipline within the

meaning of that Act.”

12N
In section 63(1) of that Act (interpretation of Part 2), in the definition of

“service court”, for paragraphs (a) to (c) substitute—

“(a)
the Court Martial;

(b)
the Service Civilian Court; or

(c)
the Court Martial Appeal Court.”

12O
In section 68 of that Act (extent etc), omit subsection (10).

12P
In Schedule 7 to that Act (transitional provision), in paragraph 6(6)—

(a)
in paragraph (a) for the words from “the prosecuting authority” to the

end substitute “the charge is brought under section 121 of the Armed

Forces Act 2006;”.

(b)
for paragraph (b) substitute—

“(b)
proceedings on appeal are to be taken to be

instituted—

(i)
in the case of an appeal under the Court

Martial Appeals Act 1968, when the

application for leave to appeal is lodged in

accordance with section 9 of that Act;

(ii)
in the case of an appeal under section 284 of

the Armed Forces Act 2006 (except one for

which leave is required), when the notice of

appeal is given;

(iii)
in the case of an appeal under that section for

which leave is required, when the application

for leave to appeal is lodged;

(iv)
in the case of a reference under section 34 of

the Court Martial Appeals Act 1968 or

section 12A or 12B of the Criminal Appeal

Act 1995, when the reference is made.”

Welfare Reform and Pensions Act 1999 (c. 30)

12Q
In section 44(1)(a) of the Welfare Reform and Pensions Act 1999

(disapplication of restrictions on alienation), for the words from “section

203(1) and (2) of the Army Act 1955” to “1957” substitute “section 349 of the

Armed Forces Act 2006”.’.

Mr Don Touhig

Agreed to  91

Schedule  14,  page  234,  line  36,  at end insert—

‘12R (1)
Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000

(determination of tariffs for discretionary life sentences) is amended as

follows.

      (2)
In subsection (3)(b) for the words from “below” to “custody)” substitute

“(crediting periods of remand in custody) or under section 245 of the Armed

Forces Act 2006 (equivalent provision for service courts)”.

      (3)
In each of subsections (7) and (8) for “a court-martial” substitute “the Court

Martial”.