sc0943003.72-78

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
72

Armed Forces Bill, continued

39
In Part 2 of Schedule 4 to that Act (use for an excepted purpose), in paragraph

5(4)(c) for the words from “offences” to the end substitute “service offences

within the meaning of the Armed Forces Act 2006.”

Civil Partnership Act 2004 (c. 33)

40
In section 245(2) of the Civil Partnership Act 2004 (interpretation), for “Army

Act 1955 (3 & 4 Eliz 2 c. 18)” substitute “Armed Forces Act 2006”.

Constitutional Reform Act 2005 (c. 4)

41
In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial

Appointments Commission: relevant offices and enactments), in the table, in

the entry relating to a judge of the Courts-Martial Appeal Court—

(a)
in the first column for “Courts-Martial Appeal Court” substitute

“Court Martial Appeal Court”;

(b)
in the second column for “Courts-Martial (Appeals) Act 1968 (c. 20)”

substitute “Court Martial Appeals Act 1968 (c. 20)”.

Gambling Act 2005 (c. 19)

42
In section 354(2) of the Gambling Act 2005 (Crown application), for the words

from “Her Majesty’s” to the end substitute “any of Her Majesty’s forces

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

43
In Part 1 of Schedule 7 to that Act (relevant offences)—

(a)
for paragraphs 14 to 16 substitute—

“14A
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 listed elsewhere in this Schedule.”;

(b)
after paragraph 22 insert—

“22A
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) to any of the following

provisions of that Act were a reference to any provision of

this Act.”’.

Schedule, as amended, Agreed to.

Mr Don Touhig

Agreed to  108

Schedule  15,  page  239,  line  8,  at end insert—

‘Naval Agency and Distribution
Section 16.

Act 1864 (c. 24)

Naval and Marine Pay and
Section 6.

Pensions Act 1865 (c. 73)

Section 8.

Regimental Debts Act 1893 (c. 5)
In section 23, the words “is sentenced to death or”.

Criminal Evidence Act 1898
In section 6(1), the words from “including” to the

(c. 36)
end.

Air Force (Constitution) Act 1917
In section 2(1), the words “, pay, allowances,”.

(c. 51)

In section 3, in the sidenote the words “and

attaching”, in subsection (1) the words from “, or

attached” to “four years:”, and subsection (4).’.

Select Committee Proceedings: 30th March 2006
73

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  109

Schedule  15,  page  239,  line  11,  at end insert—

‘Visiting Forces (British
Sections 6 and 7.

Commonwealth) Act 1933 (c. 6)

Defence (Armed Forces)
In Regulation 6, the words from “within the meaning

Regulations 1939 (S.I. 1939/
of” to the end.’.

1304)

Mr Don Touhig

Agreed to  110

Schedule  15,  page  239,  line  16,  at end insert—

‘Criminal Justice Act 1948 (c. 58)
In section 80(1), the definition of “Court”.’.

Mr Don Touhig

Agreed to  111

Schedule  15,  page  239,  line  29,  column 2, at end insert—

‘In Schedule 2, paragraphs 5 and 9.’.

Mr Don Touhig

Agreed to  112

Schedule  15,  page  239,  line  31,  at end insert—

‘Ghana Independence Act 1957
Section 4(2) and (3).

(c. 6)

Homicide Act 1957 (c. 11)
Section 13(3).

In section 17(3), the words “, except as regards

courts-martial,”.’.

Mr Don Touhig

Agreed to  113

Schedule  15,  page  239,  line  33,  at end insert—

‘Registration of Births, Deaths and
In section 1(1), the words “, or among the families

Marriages (Special Provisions)
of”.

Act 1957 (c. 58)

Section 2(1)(a) and (b).

Federation of Malaya
In Schedule 1, paragraph 2.

Independence Act 1957 (c. 60)

Emergency Laws (Repeal) Act
In Part C of Schedule 2, in the text of Regulation 6 of

1959 (c. 19)
the Defence (Armed Forces) Regulations 1939,

the words from “within the meaning of” to the

end.

Cyprus Act 1960 (c. 52)
In the Schedule, paragraph 4.

Nigeria Independence Act 1960
Section 3(2) and (3).

(c. 55)

Sierra Leone Independence Act
Section 3(2).

1961 (c. 16)

Criminal Justice Act 1961 (c. 39)
In section 38, in subsection (2)(b) the words from “a

sentence passed by a court-martial” to “1955),

and”, and in subsection (3)(b) the words “a

sentence passed by a court-martial for any offence,

and”.

In section 39(1), the definition of “court martial”.’.

Select Committee Proceedings: 30th March 2006
74

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  114

Schedule  15,  page  239,  line  35,  at end insert—

‘Tanganyika Independence Act
Section 3(2) and (3).

1961 (c. 1)

Jamaica Independence Act 1962
Section 3(2).

(c. 40)

Trinidad and Tobago Independence
Section 3(2).

Act 1962 (c. 54)

Uganda Independence Act 1962
Section 3(2) and (3).

(c. 57)

Malaysia Act 1963 (c. 35)
In Schedule 2, paragraph 3.

Kenya Independence Act 1963
Section 4(2) and (3).

(c. 54)

Zanzibar Act 1963 (c. 55)
In Schedule 1, paragraph 5.

Defence (Transfer of Functions)
In section 1—

Act 1964 (c. 15)
(a)
in subsection (3), paragraph (b) and the word

“or” immediately before it;

(b)
subsection (4);

(c)
in subsection (5), the words “of reviewing

the findings or sentences of courts-martial

and other functions”.

Malawi Independence Act 1964
Section 4(2) and (3).

(c. 46)

Zambia Independence Act 1964
In Schedule 1, paragraphs 5 and 11.

(c. 65)

Malta Independence Act 1964
Section 4(2) and (3).

(c. 86)

Gambia Independence Act 1964
Section 4(2) and (3).

(c. 93)

Murder (Abolition of Death
Section 1(4).

Penalty) Act 1965 (c. 71)

In section 3(3), the words “, except as regards courts-

martial,”.

Guyana Independence Act 1966
Section 5(2).

(c. 14)

Botswana Independence Act 1966
In the Schedule, paragraphs 5 and 10.

(c. 23)

Lesotho Independence Act 1966
In the Schedule, paragraphs 5 and 11.

(c. 24)

Singapore Act 1966 (c. 29)
In the Schedule, paragraph 2.

Barbados Independence Act 1966
Section 4(2) and (3).’.

(c. 37)

Select Committee Proceedings: 30th March 2006
75

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  115

Schedule  15,  page  239,  line  36,  at end insert—

‘Criminal Law Act 1967 (c. 58)
Section 11(2)(a)(ii).’.

Mr Don Touhig

Agreed to  116

Schedule  15,  page  239,  line  37,  column 2, at end insert—

‘Section 32.’.

Mr Don Touhig

Agreed to  117

Schedule  15,  page  239,  line  39,  at end insert—

‘Mauritius Independence Act 1968
Section 4(2).’.

(c. 8)

Mr Don Touhig

Agreed to  118

Schedule  15,  page  240,  line  32,  column 2, at end insert—

(a)
“the Judge Advocate General”;’.

Mr Don Touhig

Agreed to  119

Schedule  15,  page  240,  line  42,  at end insert—

‘Swaziland Independence Act 1968
In the Schedule, paragraphs 5 and 11(a).

(c. 56)

Tonga Act 1970 (c. 22)
In the Schedule, paragraphs 4 and 9(a).

Fiji Independence Act 1970 (c. 50)
Section 4(2).’.

Select Committee Proceedings: 30th March 2006
76

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  120

Schedule  15,  page  240,  line  54,  at end insert—

‘Criminal Justice Act 1972 (c. 71)
In section 66(2), the words ““court” does not include

a court-martial;”.

Bahamas Independence Act 1973
Section 4(2).

(c. 27)

Bangladesh Act 1973 (c. 49)
In the Schedule, paragraph 1.

Rehabilitation of Offenders Act
In section 5(1)(d), the words “or a corresponding

1974 (c. 53)
court-martial punishment”.

House of Commons
In section 1(1)(c), the words “or the Ulster Defence

Disqualification Act 1975
Regiment”.

(c. 24)

In Schedule 1, in Part 3 the words “Judge Advocate

of the Fleet.”

Northern Ireland Assembly
In section 1(1)(c), the words from “or” to the end.

Disqualification Act 1975

(c. 25)

In Schedule 1, in Part 3 the words “Judge Advocate

of the Fleet.”

Seychelles Act 1976 (c. 19)
In the Schedule, paragraph 2.’.

Mr Don Touhig

Agreed to  121

Schedule  15,  page  241,  line  7,  at end insert—

‘Bail Act 1976 (c. 63)
In Part 3 of Schedule 1, in paragraph 4 the definition

of “the Services Acts”.

Solomon Islands Act 1978 (c. 15)
Section 7(2) and (3).

Oaths Act 1978 (c. 19)
Section 7(4) and (5).

Section 8(4).

Tuvalu Act 1978 (c. 20)
Section 4(2).

Kiribati Act 1979 (c. 27)
In the Schedule, paragraph 2.

Papua New Guinea, Western
In the Schedule, paragraphs 10 to 12.

Samoa and Nauru

(Miscellaneous Provisions) Act

1980 (c. 2)

Reserve Forces Act 1980 (c. 9)
Section 10(5).

Section 18(2)(b).

Section 19(4).

Section 21(4).

Sections 24 and 25.

Section 26(2)(g).

Section 44.

Section 139.

Sections 141 to 144.

Section 145(2).

Section 146(2).

In section 156, in subsection (1) the definition of

“regular air force”, and subsection (2).

In Schedule 8, paragraphs 5(3), 10, 16(2) and (5) and

19.

New Hebrides Act 1980 (c. 16)
In Schedule 1, paragraph 2.

Magistrates’ Courts Act 1980
Section 143(2)(g), (h) and (k).

(c. 43)

Contempt of Court Act 1981
In Schedule 1, paragraph 8.

(c. 49)

Belize Act 1981 (c. 52)
In Schedule 2, paragraph 1.’.

Select Committee Proceedings: 30th March 2006
77

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  122

Schedule  15,  page  241,  line  13,  column 2, at end insert—

‘Section 25.’.

Mr Don Touhig

Agreed to  123

Schedule  15,  page  241,  line  17,  at end insert—

‘Criminal Justice Act 1982 (c. 48)
Section 58.

Section 81(9) and (10).

Schedule 8.

In Schedule 16, the entries relating to the Army Act

1955, the Air Force Act 1955, the Naval

Discipline Act 1957 and the Armed Forces Act

1976.

Police and Criminal Evidence Act
Section 51(c).

1984 (c. 60)

Section 63A(1B)(k).

In section 82, in subsection (1) the definition of

“court-martial”, and subsection (2).

Section 113(11).

In Schedule 2, the entries relating to the Army Act

1955, the Air Force Act 1955 and the Naval

Discipline Act 1957.

In Schedule 6, paragraphs 8, 28 and 29.

Brunei and Maldives Act 1985
In the Schedule, paragraph 4.’.

(c. 3)

Mr Don Touhig

Agreed to  124

Schedule  15,  page  241,  line  18,  at end insert—

‘Criminal Justice Act 1988 (c. 33)
Section 50.

In Schedule 13, paragraphs 7, 9 and 10.

Road Traffic Act 1988 (c. 52)
Section 144(2)(d).

In section 184(1)(e), the word “and” at the end.

Police and Criminal Evidence
Article 51(c).

(Northern Ireland) Order 1989

(S.I. 1989/1341 (N.I. 12))

Article 70(2).’.

Select Committee Proceedings: 30th March 2006
78

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  125

Schedule  15,  page  241,  line  20,  at end insert—

‘Pakistan Act 1990 (c. 14)
In the Schedule, paragraph 3.

Courts and Legal Services Act
In section 119(1), in the definition of “court”,

1990 (c. 41)
paragraph (b).

Namibia Act 1991 (c. 4)
In the Schedule, paragraph 2.

Criminal Justice Act 1991 (c. 53)
Section 71.

In Part 1 of Schedule 4, the entry relating to the

Army Act 1955 and Air Force Act 1955 and the

entry relating to the Armed Forces Act 1976.

Schedule 9.’.

Mr Don Touhig

Agreed to  126

Schedule  15,  page  241,  line  22,  column 2, at end insert—

‘In section 18, in subsection (8) the words “on him”

and the words from “shall be liable” to the end,

and subsection (9).

Section 19(7).

Section 23(2).’.

Mr Don Touhig

Agreed to  127

Schedule  15,  page  241,  line  26,  at end insert—

‘Local Government Finance Act
In Schedule 1, in paragraph 1(3)(a), the word “or” at

1992 (c. 14)
the end.

Sexual Offences (Amendment) Act
Section 4(9).

1992 (c. 34)

In section 6(1), the definitions of “corresponding

civil offence” and “service offence”.

Section 7.

Section 8(7).

Army Act 1992 (c. 39)
The whole Act.

Judicial Pensions and Retirement
In Schedule 1, in Part 2 the words “Judge Advocate

Act 1993 (c. 24)
of Her Majesty’s Fleet”.

In Schedule 5, the words “Judge Advocate of Her

Majesty’s Fleet”.

Criminal Justice and Public Order
In section 146(4), the words from “or, in the case” to

Act 1994 (c. 33)
the end.

In section 147(3), the words from “or, in the case” to

the end.

South Africa Act 1995 (c. 3)
In the Schedule, paragraph 3.

Criminal Appeal Act 1995 (c. 35)
In section 30(2)(c), the word “and” at the end.’.