Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 17 — Miscellaneous
175

(a)
he knows that a person (“B”) is subject to service law; and
(b)
intending to cause B to avoid service, by any act—
(i)
he causes B an injury; or
(ii)
he aggravates or prolongs any injury of B’s.
(3)
A person commits an offence if—
5
(a)
he knows that a person (“B”) is subject to service law; and
(b)
intending to cause B to avoid service, by any act—
(i)
he causes B to believe that B has an injury; or
(ii)
he causes another person to believe that B has an injury.
(4)
Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring,
10
or (as the case may be) any act, done—
(a)
in a relevant territory;
(b)
otherwise than in a relevant territory, by a United Kingdom national
(see section 343) or a person resident in a relevant territory.
(5)
In subsection (4) “relevant territory” means—
15
(a)
the United Kingdom;
(b)
the Isle of Man; or
(c)
a British overseas territory.
(6)
In this section “injury” and “service” have the same meanings as in section 16.
(7)
A person guilty of an offence under this section is liable—
20
(a)
on summary conviction, to imprisonment for a term not exceeding the
relevant maximum or to a fine not exceeding the statutory maximum,
or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both.
25
(8)
In subsection (7) “the relevant maximum” is—
(a)
in relation to England and Wales, 12 months;
(b)
otherwise, 6 months.
342
Obstructing persons subject to service law in course of duty
(1)
A person commits an offence if—
30
(a)
he intentionally obstructs a person (“B”);
(b)
B is a person subject to service law acting in the course of his duty; and
(c)
he knows or has reasonable cause to believe that B is subject to service
law.
(2)
Subsection (1) applies to anything done in—
35
(a)
the United Kingdom;
(b)
the Isle of Man; or
(c)
a British overseas territory.
(3)
A person guilty of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding the relevant maximum,
40
or to a fine not exceeding level 3 on the standard scale, or to both.
(4)
In subsection (3) “the relevant maximum” is—
(a)
in relation to England and Wales, 51 weeks;

Armed Forces Bill
Part 17 — Miscellaneous
176

(b)
otherwise, 6 months.
343
Sections 340 to 342: supplementary provisions
(1)
If an offence under section 340 or 341 is committed in a British overseas
territory—
(a)
proceedings may be taken, and
5
(b)
the offence may for incidental purposes be treated as having been
committed,

in any place in the United Kingdom or the Isle of Man (without prejudice to the
right to take proceedings in that British overseas territory).
(2)
If an offence under section 340 or 341 is committed otherwise than in the
10
United Kingdom, the Isle of Man or a British overseas territory—
(a)
proceedings may be taken, and
(b)
the offence may for incidental purposes be treated as having been
committed,

in any place in the United Kingdom, the Isle of Man or a British overseas
15
territory.
(3)
In sections 340 and 341 a “United Kingdom national” means an individual who
is—
(a)
a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen;
20
(b)
a person who under the British Nationality Act 1981 (c. 61) is a British
subject; or
(c)
a British protected person within the meaning of that Act.
(4)
In sections 340 to 342 any reference to a person knowing or having reasonable
cause to believe that another person is subject to service law is a reference to—
25
(a)
his knowing the circumstances by virtue of which that other person is
subject to service law; or
(b)
(as the case may be) his having reasonable cause to believe that those
circumstances exist.
344
British overseas territories: references to maximum penalties
30
(1)
This section applies in relation to any provision of—
(a)
section 340, 341 or 342, or
(b)
regulations made by virtue of section 339(5)(b),

specifying the maximum term of imprisonment, or the maximum fine, to
which a person guilty of an offence under that section, or under those
35
regulations, is liable.
(2)
In relation to any such provision as it extends to a British overseas territory, the
law of the British overseas territory may—
(a)
provide for the maximum term of imprisonment to be longer or shorter
than that provided for by the provision;
40
(b)
provide for the maximum fine to be higher or lower than that provided
for by the provision;
(c)
specify the amount of the local currency that is to be treated as
equivalent to the maximum fine provided for by the provision or
provided for by virtue of paragraph (b).
45

Armed Forces Bill
Part 17 — Miscellaneous
177

Exemptions from certain civil matters
345
Exemption from tolls and charges
(1)
No toll or charge within subsection (2) is payable in respect of a vehicle
which—
(a)
belongs to any of Her Majesty’s forces; or
5
(b)
is in use for the purposes of any of those forces.
(2)
A toll or charge is within this subsection if it is payable—
(a)
for passing over a road or bridge, or through a tunnel, in the United
Kingdom or the Isle of Man; or
(b)
under a scheme for imposing charges in respect of the keeping or use
10
of vehicles on particular roads in the United Kingdom or the Isle of
Man.
346
Exemption of property used for service purposes from execution
A judgment or order given or made by a court in—
(a)
any part of the United Kingdom,
15
(b)
the Isle of Man, or
(c)
a British overseas territory,
against a member of any of Her Majesty’s forces may not be enforced by the
levying of execution on, or (in Scotland) the execution of diligence on, any
weapon, equipment, instrument or clothing of his which is used by him in the
20
course of his service in that force.
Powers of officers etc
347
Detention etc of persons in overseas service hospitals
Schedule 12 (powers to admit persons to and detain them in overseas service
hospitals etc) has effect.
25
348
Power to take affidavits and declarations
(1)
An authorised officer may, at a place outside the British Islands, take an
affidavit or declaration from a person subject to service law or a civilian subject
to service discipline.
(2)
An authorised officer before whom such an affidavit or declaration is taken
30
must state in the jurat or attestation his full name and rank and the date on
which and the place at which the affidavit or declaration was taken.
(3)
A document containing such a statement and purporting to be signed by an
authorised officer shall be admitted in evidence without proof of the signature
or of the facts set out in the statement.
35
(4)
For the purposes of this section an officer is “authorised” if he is subject to
service law and—
(a)
is of or above the rank of lieutenant commander, major or squadron
leader; or
(b)
is of the rank of naval lieutenant, military or marine captain or flight
40
lieutenant and—

Armed Forces Bill
Part 17 — Miscellaneous
178

(i)
has a general qualification within the meaning of section 71 of
the Courts and Legal Services Act 1990 (c. 41);
(ii)
is an advocate or solicitor in Scotland;
(iii)
is a member of the Bar of Northern Ireland or a solicitor of the
Supreme Court of Northern Ireland; or
5
(iv)
has in a relevant territory rights and duties similar to those of a
barrister or solicitor in England and Wales, and is subject to
punishment or disability for breach of professional rules.
(5)
In this section “relevant territory” means—
(a)
any of the Channel Islands;
10
(b)
the Isle of Man;
(c)
a Commonwealth country; or
(d)
a British overseas territory.
Protection of children of service families
349
Protection of children of service families
15
Schedule 13 (amendments relating to protection of children of service families)
has effect.
Miscellaneous
350
Extension of powers of command dependent on rank or rate
An officer, warrant officer or non-commissioned officer of a regular or reserve
20
force who is subject to service law (“A”) has, over members of any other such
force who are of inferior rank or rate to A, such powers of command as are
dependent on rank or rate.
351
Service of process
(1)
The Secretary of State may by regulations make provision with respect to the
25
service of process on a relevant person in connection with proceedings of a
description prescribed by the regulations.
(2)
Regulations under this section may in particular make provision—
(a)
for any process served on a person’s commanding officer to be treated
as duly served on the person;
30
(b)
with respect to cases in which service of process is to be of no effect.
(3)
In this section “relevant person” means—
(a)
a person subject to service law by reason of section 360(1) or (2)(a), (b),
(c) or (e); or
(b)
a civilian subject to service discipline.
35
352
Avoidance of assignment of or charge on pay and pensions etc
(1)
Each of the following shall be void—
(a)
every assignment (or, in Scotland, assignation) of any relevant pay or
pension;

Armed Forces Bill
Part 17 — Miscellaneous
179

(b)
every charge on any relevant pay or pension;
(c)
every agreement to assign or charge any relevant pay or pension.
(2)
In this section “relevant pay or pension” means any pay, pension, benefit,
bounty, grant or allowance payable to any person in respect of his or any other
person’s service in Her Majesty’s forces.
5
(3)
No order may be made by a court the effect of which would be—
(a)
to prevent any person from receiving any relevant pay or pension; and
(b)
to direct payment of it to another person.
(4)
Nothing in this section—
(a)
applies to the making or variation of attachment of earnings orders or
10
of earnings arrestments; or
(b)
prejudices any enactment or subordinate legislation providing for the
payment of any sum to—
(i)
a bankrupt’s trustee in bankruptcy, or
(ii)
a permanent trustee in a sequestration under the Bankruptcy
15
(Scotland) Act 1985 (c. 66),

for distribution among creditors.
(5)
In this section—
(a)
“enactment” includes any provision of an Act of the Scottish Parliament
or Northern Ireland legislation;
20
(b)
the reference to subordinate legislation includes an instrument made
under such an Act or under Northern Ireland legislation.
353
Power of British overseas territory to apply Act, etc
Where any of Her Majesty’s forces is raised under the law of a British overseas
territory, any such law—
25
(a)
may make provision in relation to that force and its members so as to
have effect when they are outside that territory (as well as when they
are within it); and
(b)
may apply in relation to the force and its members all or any of the
provisions of this Act, with or without modifications.
30
354
Amendments relating to reserve forces
Schedule 14 (amendments relating to the reserve forces) has effect.

Armed Forces Bill
Part 18 — Commanding Officer and Other Persons with Functions under Act
180

Third Group of Parts
General
Part 18
Commanding Officer and Other Persons with Functions under Act
Officers
5
355
Meaning of “commanding officer”
The officer who is the “commanding officer” of a person for the purposes of
any provision made by or under this Act shall be determined by or under
regulations made by the Defence Council.
356
Meaning of “higher authority”
10
In this Act “higher authority”, in relation to a commanding officer, means any
officer in the commanding officer’s disciplinary chain of command who is
superior in that chain of command to the commanding officer.
Court officials
357
Court administration officer
15
(1)
There shall be a court administration officer for the Court Martial, the Service
Civilian Court and the Summary Appeal Court.
(2)
The court administration officer is to be appointed by the Defence Council.
Service Prosecuting Authority
358
Director of Service Prosecutions
20
(1)
Her Majesty may appoint a person as the Director of Service Prosecutions.
(2)
A person may be appointed as the Director of Service Prosecutions only if he—
(a)
has a ten year general qualification within the meaning of section 71 of
the Courts and Legal Services Act 1990 (c. 41);
(b)
is an advocate or solicitor in Scotland of at least ten years’ standing;
25
(c)
is a member of the Bar of Northern Ireland, or a solicitor of the Supreme
Court of Northern Ireland, of at least ten years’ standing; or
(d)
has in a relevant territory rights and duties similar to those of a barrister
or solicitor in England and Wales, has had those rights and duties for at
least ten years, and is subject to punishment or disability for breach of
30
professional rules.
(3)
The Director of Service Prosecutions shall hold and vacate office in accordance
with the terms of his appointment.
(4)
In this section “relevant territory” means—
(a)
any of the Channel Islands;
35

Armed Forces Bill
Part 19 — Supplementary
Chapter 1 — Application of Act
181

(b)
the Isle of Man;
(c)
a Commonwealth country; or
(d)
a British overseas territory.
359
Prosecuting officers
(1)
The Director of Service Prosecutions (“the Director”) may appoint officers to be
5
prosecuting officers.
(2)
An officer may be appointed as a prosecuting officer only if he—
(a)
has a general qualification within the meaning of section 71 of the
Courts and Legal Services Act 1990 (c. 41);
(b)
is an advocate or solicitor in Scotland;
10
(c)
is a member of the Bar of Northern Ireland or a solicitor of the Supreme
Court of Northern Ireland; or
(d)
has in a relevant territory rights and duties similar to those of a barrister
or solicitor in England and Wales, and is subject to punishment or
disability for breach of professional rules.
15
(3)
A prosecuting officer shall hold and vacate office in accordance with the terms
of his appointment.
(4)
A prosecuting officer may, unless the Director otherwise directs, exercise any
function of the Director.
(5)
In this section “relevant territory” has the same meaning as in section 358.
20
Part 19
Supplementary
Chapter 1
Application of Act
Persons subject to service law
25
360
Persons subject to service law: regular and reserve forces
(1)
Every member of the regular forces is subject to service law at all times.
(2)
Every member of the reserve forces is subject to service law while—
(a)
in permanent service on call-out under any provision of the Reserve
Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) or under any
30
other call-out obligation of an officer;
(b)
in home defence service on call-out under section 22 of the Reserve
Forces Act 1980;
(c)
in full-time service under a commitment entered into under section 24
of the Reserve Forces Act 1996;
35
(d)
undertaking any training or duty (whether or not in pursuance of an
obligation); or
(e)
serving on the permanent staff of a reserve force.