sc0943003.79-85

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
79

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  128

Schedule  15,  page  241,  line  27,  column 2, at beginning insert—

‘Section 7.’.

Mr Don Touhig

Agreed to  129

Schedule  15,  page  241,  line  27,  column 2, at end insert—

‘Section 24(2)(b).

Section 25(2)(a).

Section 27(3).

Section 53(8)(b).

Section 55(8)(b).

Section 57(8)(b).

Section 72(5) and (6).

In section 95, in subsection (1) paragraph (b) and in

the words after paragraph (e) the words “triable by

court-martial or summarily by a civil court”, and

in subsection (2)(b)(i) the words “, (b),”.

Section 98(5).’.

Mr Don Touhig

Agreed to  130

Schedule  15,  page  241,  line  29,  column 2, after ‘Section’ insert ‘102 and’.

Mr Don Touhig

Agreed to  131

Schedule  15,  page  241,  line  29,  column 2, at end insert—

‘Section 104(3).

Section 105(2).

Section 106.’.

Mr Don Touhig

Agreed to  132

Schedule  15,  page  241,  line  32,  column 2, after ‘123’ insert ‘and 124’.

Mr Don Touhig

Agreed to  133

Schedule  15,  page  241,  line  32,  column 2, at end insert—

‘Section 126.

In section 127(1), the definition of “regular air

force”.’.

Mr Don Touhig

Agreed to  134

Schedule  15,  page  241,  line  36,  column 2, at end insert—

‘Schedules 2 and 3.

Schedule 7.

In Schedule 9, in Part 2, paragraphs 22 and 23.

In Schedule 10, paragraphs 1 to 13 and 23.’.

Select Committee Proceedings: 30th March 2006
80

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  135

Schedule  15,  page  241,  column 2, leave out lines 38 and 39 and insert—

‘Section 79(5) and (6).’.

Mr Don Touhig

Agreed to  136

Schedule  15,  page  241,  line  40,  column 2, at end insert—

‘Section 6(2).’.

Mr Don Touhig

Agreed to  137

Schedule  15,  page  241,  line  46,  column 2, at end insert—

‘Section 36(6).’.

Mr Don Touhig

Agreed to  138

Schedule  15,  page  241,  line  48,  column 2, leave out ‘and 103’ and insert ‘to 107

and 110’.

Mr Don Touhig

Agreed to  139

Schedule  15,  page  241,  line  51,  column 2, leave out ‘13’ and insert ‘15’.

Mr Don Touhig

Agreed to  140

Schedule  15,  page  241,  column 2, leave out lines 52 and 53 and insert—

‘In section 34, in subsection (2)(d) the word “and” at

the end, and subsection (3).’.

Mr Don Touhig

Agreed to  141

Schedule  15,  page  241,  line  53,  at end insert—

‘Human Rights Act 1998 (c. 42)
Section 21(5).

Section 22(7).

Youth Justice and Criminal
Section 68(10).’.

Evidence Act 1999 (c. 23)

Mr Don Touhig

Agreed to  142

Schedule  15,  page  242,  column 2, leave out lines 2 to 5 and insert—

‘The whole Act.’.

Select Committee Proceedings: 30th March 2006
81

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  143

Schedule  15,  page  242,  line  5,  at end insert—

‘Powers of Criminal Courts
In section 134, in subsections (1) and (2) the words

(Sentencing) Act 2000 (c. 6)
“or award”.’.

Mr Don Touhig

Agreed to  144

Schedule  15,  page  242,  line  6,  column 2, at beginning insert—

‘In section 30—

(a)
in subsection (1), in the definition of

“guardianship order” the words from “the

Army” to “1957 or”, and in the definition of

“qualifying sentence” paragraph (f);

(b)
subsection (2);

(c)
in subsection (3), the words “, or to a

sentence of detention imposed by a court-

martial or the Courts-Martial Appeal

Court,”.

In section 33(7), in the definition of “order for

admission to hospital”, paragraph (a).

In section 42, in subsection (1) the definition of

“armed forces offence”, and subsection (2).’.

Mr Don Touhig

Agreed to  145

Schedule  15,  page  242,  line  9,  at end insert—

‘Section 81(2)(h).

Criminal Justice and Police Act
Section 88(8)(j).

2001 (c. 16)

International Criminal Court Act
Section 74.

2001 (c. 17)

Section 79(5).

In Schedule 10, the entries relating to the Army Act

1955, the Air Force Act 1955 and the Naval

Discipline Act 1957.’.

Mr Don Touhig

Agreed to  146

Schedule  15,  page  242,  line  10,  column 2, at end insert—

‘Section 13(2) and (3).’.

Mr Don Touhig

Agreed to  147

Schedule  15,  page  242,  line  12,  column 2, at end insert—

‘Section 26(4).

Section 28(3) to (5).’.

Select Committee Proceedings: 30th March 2006
82

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  148

Schedule  15,  page  242,  line  14,  column 2, at end insert—

‘In section 35—

(a)
in subsection (2), paragraphs (a) and (b) and

in paragraph (c) the words “or 31(3)” and “or

31(6)(c)”;

(b)
subsection (3)(a)(i), (ii), (iv) and (v) (except

the “or” at the end of (v)) and (b)(i).

Section 36(1) and (3)(a), (d) and (e).’.

Mr Don Touhig

Agreed to  149

Schedule  15,  page  242,  line  17,  leave out ‘25’ and insert ‘27’.

Mr Don Touhig

Agreed to  150

Schedule  15,  page  242,  line  17,  at end insert—

‘Justice (Northern Ireland) Act
In Schedule 4, paragraphs 10 to 12.

2002 (c. 26)

Commonwealth Act 2002 (c. 39)
In Schedule 2, paragraph 1.

Communications Act 2003 (c. 21)
In Schedule 17, paragraphs 23, 24 and 26.

Extradition Act 2003 (c. 41)
Section 3(6).

Section 71(8).

Section 73(9).

Sexual Offences Act 2003 (c. 42)
In section 81(3)(b), the words “or a term of service

detention”.

In section 133(1), the definition of “term of service

detention”.

In Schedule 3, in paragraph 93(2) the word “service”.

In Schedule 6, paragraphs 9, 10 and 12.’.

Mr Don Touhig

Agreed to  151

Schedule  15,  page  242,  line  18,  at end insert—

‘Section 272(2) and (3).

In section 337(13), in paragraph (a) sub-paragraphs

(i) to (iii), (v), (vii) and (viii), and paragraph (b).

In Schedule 1, paragraph 15.

In Schedule 3, paragraphs 37, 38, 40 and 65.

In Schedule 7, paragraphs 5 to 7.

In Schedule 25, paragraphs 36 to 51.

In Schedule 32, paragraphs 19, 140, 155 to 157 and

162.

In Schedule 36, paragraphs 81 to 84.

Domestic Violence, Crime and
In Schedule 3, paragraphs 1 to 5, 9, 10, 14(3) and 15.

Victims Act 2004 (c.28)

Constitutional Reform Act 2005
In Schedule 11, in Part 2, in paragraph 4(3) the

(c. 4)
entries relating to the Army Act 1955, the Air

Force Act 1955 and the Naval Discipline Act

1957.

In Schedule 14, in Part 1, in the table the entry

relating to the Judge Advocate of Her Majesty’s

Fleet.

Serious Organised Crime and
Section 170.

Police Act 2005 (c. 15)

In Part 3 of Schedule 7, paragraph 50.’.

Select Committee Proceedings: 30th March 2006
83

Armed Forces Bill, continued

Schedule, as amended, Agreed to.

Clause 369 Agreed to.

Mr Don Touhig

Agreed to  164

Clause  370,  page  187,  line  44,  at end insert—

‘(4A)
In subsection (4)(a) and (b) “enactment” includes any provision of this Act.’.

Mr Don Touhig

Agreed to  165

Clause  370,  page  188,  line  11,  after ‘provision’ insert ‘of or made under an

enactment’.

Mr Don Touhig

Agreed to  167

Clause  370,  page  188,  line  14,  leave out ‘section 371(1)’ and insert ‘the expiry of

that Act by reason of section 371’.

Clause, as amended, Agreed to.

Mr Don Touhig

Agreed to  168

Clause  371,  page  188,  line  18,  leave out from ‘of’ to end of line 20 and insert ‘one

year beginning with the day on which this Act is passed; but this is subject to subsection

(3).’.

Mr Don Touhig

Agreed to  169

Clause  371,  page  188,  line  21,  at end insert

‘this Act;’.

Mr Don Touhig

Agreed to  170

Clause  371,  page  188,  line  25,  leave out subsection (3) and insert—

Select Committee Proceedings: 30th March 2006
84

Armed Forces Bill, continued

‘(3)
Her Majesty may by Order in Council provide that an Act listed in subsection (2)

shall (instead of expiring at the time it would otherwise expire) expire at the end

of a period of not more than one year from that time.

(4)
Such an Order may not provide for the continuation of such an Act beyond the

end of the year 2011.

(5)
No recommendation may be made to Her Majesty in Council to make an Order

under subsection (3) unless a draft of the Order has been laid before, and

approved by resolution of, each House of Parliament.

(6)
Nothing in this section or in any Order under subsection (3) continues any

provision of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53) beyond the time

when the repeal of that provision by this Act is brought into force.’.

Clause, as amended, Agreed to.

Mr Don Touhig

Agreed to  171

Clause  372,  page  188,  line  28,  after ‘375’ insert ‘, and the repeal by this Act of

section 1 of the Armed Forces Act 2001 (c. 19),’.

Clause, as amended, Agreed to.

Clause 373 Agreed to.

Mr Don Touhig

Agreed to  53

Clause  374,  page  189,  line  4,  at end insert—

‘(2)
The provision as so applied is to be treated for the purposes of section 373 as if it

were contained in this Act.’.

Clause, as amended, Agreed to.

Clause 375 Agreed to.

nEW cLAUSES

Pay, bounty and allowances

Mr Don Touhig

Agreed to  NC12

To move the following Clause:—

‘(1)
Her Majesty may by warrant make provision with respect to pay, bounty and

allowances for members of the regular or reserve forces.

Select Committee Proceedings: 30th March 2006
85

Armed Forces Bill, continued

(2)
A Royal Warrant made under this section may in particular—

(a)
provide for the way in which pay, bounty and allowances are to be paid;

(b)
impose conditions or restrictions on the making of such payments;

(c)
confer a discretion on any person.

(3)
Provision that may be made by virtue of subsection (2)(b) includes in particular

provision authorising the making of a deduction from a payment to a person—

(a)
in respect of anything (including any service) supplied to him;

(b)
in order to recover any overpayment or advance; or

(c)
in order to reclaim any relevant payment.

(4)
For the purposes of subsection (3)(c) a payment is “relevant” if—

(a)
it was made on condition that it would or might be repayable in specified

circumstances; and

(b)
any such circumstance has occurred.

(5)
A Royal Warrant under this section may not authorise the forfeiture of pay.

(6)
A Royal Warrant under this section may not make provision about money

distributable under the Naval Agency and Distribution Act 1864 (c. 24).

(7)
Section 363(5) (power to make supplementary provision etc) applies in relation

to Royal Warrants under this section.

(8)
A Royal Warrant under this section may be amended or revoked by a further

Royal Warrant under this section.

(9)
Nothing in this section prevents provision as to rates of allowances from being

made otherwise than under this section.’.

Powers of the Criminal Cases Review Commission

Mr Don Touhig

Agreed to  NC13

To move the following Clause:—

‘Schedule (Powers of the Criminal Cases Review Commission) (powers of the

Criminal Cases Review Commission) has effect.’.

Protection of children of service families

Mr Don Touhig

Agreed to  NC14

To move the following Clause:—

‘Schedule (Protection of children of service families) (amendments relating to

protection of children of service families) has effect.’.