Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Schedule 13 — Protection of children of service families
240

(4)
On completing any inquiry under subsection (3)(e) the officer
conducting it shall release the child from service police protection
unless he considers that there is still reasonable cause for believing
that the child would be likely to suffer significant harm if released.
(5)
No child may be kept in service police protection for more than 72
5
hours.
(6)
While a child is being kept in service police protection—
(a)
the appropriate service police officer shall do what is
reasonable in all the circumstances of the case for the purpose
of safeguarding or promoting the child’s welfare (having
10
regard in particular to the length of the period during which
the child will be kept in service police protection); but
(b)
neither he nor the service policeman who took the child into
service police protection has any parental responsibility for
him.
15
(7)
Where a child has been taken into service police protection, the
appropriate service police officer shall allow—
(a)
the child’s parents,
(b)
any person who is not a parent of the child but has parental
responsibility for him,
20
(c)
any person with whom the child was residing immediately
before he was taken into service police protection,
(d)
any person in whose favour a contact order is in force with
respect to the child, and
(e)
any person acting on behalf of any of those persons,
25

to have such contact (if any) with the child as, in the opinion of the
appropriate service police officer, is both reasonable and in the
child’s best interests.
(8)
In this section—
“authorised”, in relation to a service policeman, means
30
authorised, by an authorising service police officer and in
accordance with regulations, to exercise the power under
subsection (1) in the case in question;
“an authorising service police officer”, and “the appropriate
service police officer” have the meanings given by
35
regulations;
“relevant child” means a child who falls within paragraph (a) or
(b) of section 19(1) above;
“service policeman” has the same meaning as in the Armed
Forces Act 1996.”
40
9     (1)
Section 23 of that Act (interpretation) is amended as follows.
      (2)
In subsection (1)—
(a)
in the definition of “accommodation”, for the words from “means” to
“relates,” substitute “, in relation to a child to whom a protection
order relates, means any service hospital or other suitable place the
45
occupier of which is willing temporarily to receive the child,”;
(b)
for the definition of “civilian in a corresponding position”

Armed Forces Bill
Schedule 14 — Amendments relating to reserve forces
241

substitute—
““civilian subject to service discipline” has the same
meaning as in the Armed Forces Act 2006;”;
(c)
after the definition of “contact order” insert—
““exclusion requirement” has the meaning given by
5
section 20A above;”;
(d)
after the definition of “extension order” insert—
““harm” and “significant harm” have the same
meanings as in the Children Act 1989;”;
(e)
for the definitions of “officer having jurisdiction” and “superior
10
officer” substitute—
““judge advocate” has the same meaning as in the
Armed Forces Act 2006;”;
(f)
in the definition of “regulations”, after ““regulations”” insert “(except
in section 20A(8))”;
15
(g)
for the definition of “service law” substitute—
““subject to service law” has the same meaning as in the
Armed Forces Act 2006.”
      (3)
After that subsection insert—
“(1A)
Section 163(2) and (3) of the Armed Forces Act 2006 apply in relation
20
to section 18(8A) and 20(9A) of this Act.”
      (4)
Omit subsection (2).
Schedule 14
Section 354

Amendments relating to reserve forces
Reserve Forces Act 1980 (c. 9)
25
1
In section 10 of the Reserve Forces Act 1980 (call out for national danger)
omit subsection (5).
2
In section 11(2)(a) of that Act (call out for warlike operations), for “regular
air force” substitute “Royal Air Force”.
3
In section 18(2) of that Act (permanent service call out of Army Reserve)
30
omit paragraph (b).
4
In section 19 of that Act (duration of Army Reserve permanent service)—
(a)
omit subsection (4);
(b)
in subsection (5) for “subsections (3) and (4) above” substitute
“subsection (3)”.
35
5
In section 19A of that Act (postponement of discharge of members of Army
Reserve during call out), for subsection (7) substitute—
“(7)
In subsections (3) to (5)—
“the competent military authority” means the Defence Council
or any officer of a description prescribed by regulations of the
40
Defence Council;

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Schedule 14 — Amendments relating to reserve forces
242

“prescribed” means prescribed by regulations of the Defence
Council.”
6
In section 21 of that Act (duration of Air Force Reserve permanent service)—
(a)
omit subsection (4);
(b)
in subsection (5) for “subsections (3) and (4) above” substitute
5
“subsection (3)”.
7
In section 21A of that Act (postponement of discharge of members of Royal
Air Force Reserve during call out), for subsection (7) substitute—
“(7)
In subsections (3) to (5)—
“the competent air force authority” means the Defence Council
10
or any officer of a description prescribed by regulations of the
Defence Council;
“prescribed” means prescribed by regulations of the Defence
Council.”
8
Omit section 24 of that Act (permanent service call out of Ulster Defence
15
Regiment).
9
Omit section 25 of that Act (emergency service call out of Ulster Defence
Regiment).
10
In section 26(2) of that Act (call out notices), omit paragraph (g).
11
In section 30(2) of that Act (liability of naval and marine pensioners to recall),
20
for “The enactments concerning” substitute “Provision made under section
329 of the Armed Forces Act 2006 that applies in relation to”.
12    (1)
Section 31 of that Act (liability of army and air force pensioners to recall) is
amended as follows.
      (2)
In subsection (6)—
25
(a)
in the definition of “service pension”—
(i)
for “regular forces” substitute “regular army”;
(ii)
for “regular air force” substitute “Royal Air Force”;
(b)
for the words from “and other expressions” to the end substitute—
““soldier” and “airman” include a warrant officer and a
30
non-commissioned officer.”
      (3)
In subsection (7) for “those sections” substitute “this section and section 32”.
13    (1)
Section 32 of that Act (occasion for and period of recall under section 31) is
amended as follows.
      (2)
In subsection (3)—
35
(a)
in paragraph (a) for “regular forces or the regular air force” substitute
“regular army or the Royal Air Force”;
(b)
in paragraph (b) for the words from “section 2 of the Army” to
“require” substitute “regulations under section 326 of the Armed
Forces Act 2006”.
40
      (3)
In subsection (4)(a) for “as from which a person is recalled for” substitute
“the person is accepted (by virtue of section 36) into”.

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Schedule 14 — Amendments relating to reserve forces
243

      (4)
For subsection (5) substitute—
“(5)
No regulation under section 327 of the Armed Forces Act 2006 as to
the term for which a person may be enlisted affects the operation of
subsections (3) and (4) of this section.”
14
In section 34(3) of that Act (liability of certain former soldiers to recall)—
5
(a)
for “regular forces within the meaning of the Army Act 1955”
substitute “regular army”;
(b)
in paragraph (a) for “specified in the notice” substitute “he is
accepted into service”.
15
In section 39(1)(a) of that Act (application of section 38) for “regular air
10
force” substitute “Royal Air Force”.
16
Omit section 44 of that Act (requirement as to training of Ulster Defence
Regiment).
17
In section 48 of that Act (void enlistment in the regular forces)—
(a)
in the sidenote, for “regular forces” substitute “Royal Marines or
15
regular army”;
(b)
for “Her Majesty’s regular forces” substitute “the Royal Marines or
the regular army”.
18
Omit section 139 of that Act (enrolment etc of members of Ulster Defence
Regiment).
20
19
In section 140 of that Act (orders and regulations as to service in Ulster
Defence Regiment)—
(a)
in the sidenote, for “acceptance and service” substitute “pensions
and other grants”;
(b)
for subsections (1) and (2) substitute—
25
“(1)
The conditions as to pensions and other grants in respect of
death or disablement arising out of service in the Ulster
Defence Regiment shall be such as may be prescribed by
orders or regulations.
(1A)
The reference in subsection (1) to service in the Ulster
30
Defence Regiment includes service in the regular army by a
relevant person during the relevant period.
(1B)
In subsection (1A)—
“regular army” has the meaning given by section 367 of
the Armed Forces Act 2006;
35
“relevant person” means a person who, immediately
before 1 July 1992, was a member of the Ulster
Defence Regiment;
“relevant period”, in relation to a relevant person,
means the period beginning with 1 July 1992 and
40
ending at the end of his term of service which was
current on that date.”;
(c)
in subsection (3)—
(i)
for “Part of this Act” substitute “section”;
(ii)
in the words after paragraph (b) for “Part” substitute
45
“section”.

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Schedule 14 — Amendments relating to reserve forces
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20
Omit sections 141 to 144 of that Act (provisions relating to Ulster Defence
Regiment).
21
In section 145 of that Act (reinstatement in civil employment) omit
subsection (2).
22
In section 146 of that Act (protection of other civil interests) omit subsection
5
(2).
23    (1)
Section 156 (interpretation) is amended as follows.
      (2)
In subsection (1)—
(a)
in the definition of “prescribed” after ““prescribed”” insert “(except
in subsections (3) to (5) and (7) of sections 19A and 21A and in section
10
140)”;
(b)
omit the definition of “regular air force”;
(c)
for the definition of “regular army” substitute—
““the regular army” has the meaning given by section
367 of the Armed Forces Act 2006.”
15
      (3)
Omit subsection (2).
24    (1)
Schedule 8 to that Act (saving and transitional provisions) is amended as
follows.
      (2)
Omit paragraph 5(3).
      (3)
Omit paragraph 10.
20
      (4)
In paragraph 16—
(a)
omit sub-paragraph (2);
(b)
omit sub-paragraph (5);
(c)
in sub-paragraph (9) for “regular forces or for the regular air force”
substitute “regular army or for the Royal Air Force”.
25
      (5)
Omit paragraph 19.
Reserve Forces Act 1996 (c. 14)
25
In section 2(2)(a) of the Reserve Forces Act 1996 (membership of the reserve
forces), for the words from “the Army Act 1955” to the end substitute
“regulations made under section 329 of the Armed Forces Act 2006;”.
30
26
In section 4(1)(b) of that Act (orders and regulations concerning reserve
forces), after “force” insert “(except pay, bounty and allowances)”.
27
Omit section 7 of that Act (provision with respect to pay, bounty and
allowances).
28
In section 13(7) of that Act (transfer of non-officers between reserve forces),
35
for the words from “by or under” to the end substitute “under the Armed
Forces Act 2006.”
29
In section 15(1) of that Act (discharge by commanding officer) for the words
“A commanding officer” to “his command,” substitute “A man of a reserve
force may be discharged by his commanding officer”.
40
30
In section 24(2) of that Act (commitment to a period of full-time service) omit
paragraph (b).

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Schedule 14 — Amendments relating to reserve forces
245

31
In section 25(2) of that Act (additional duties commitments)—
(a)
omit paragraph (a);
(b)
in paragraph (b), for “while subject to service law, shall” substitute
“shall, from any time specified in the commitment as the time at
which he is to begin that period of duty until released from duty,”.
5
32
In section 27 of that Act (voluntary training and other duties) omit
subsection (3).
33
In each of sections 53, 55 and 57 of that Act (maximum duration of service on
call-out), in subsection (8)—
(a)
at the end of paragraph (a) insert “or”;
10
(b)
omit paragraph (b).
34
After section 53 of that Act insert—
“53A
Agreement to alter limits in section 53
(1)
This section applies to a person if—
(a)
he is not in service under a call-out order under section 52;
15
and
(b)
if accepted into service under such a call-out order, he would
be immediately entitled to release under section 53(6) or (10).
(2)
The person may agree in writing that, if he is accepted into service
under a call-out order under section 52, in calculating when he is
20
entitled to be released by virtue of section 53(6) or (10) any service of
his under this Part or Part 4, 5 or 7 that occurred before he entered
into the agreement is to be treated as not having occurred.
(3)
An agreement under subsection (2) may also provide that, if the
person is accepted into service under a call-out order under section
25
52, section 53 shall apply in his case as if for the period of 3 years
specified in subsection (6) there were substituted a shorter period
specified in the agreement.
(4)
If an order under section 53(11) applies in relation to the person,
subsection (3) above has effect as if the reference to the period of 3
30
years were to the period of 5 years.”
35
After section 55 of that Act insert—
“55A
Agreement to alter limits in section 55
(1)
This section applies to a person if—
(a)
he is not in service under a call-out order under section 54;
35
and
(b)
if accepted into service under such a call-out order, he would
be immediately entitled to release under section 55(6) or (10).
(2)
The person may agree in writing that, if he is accepted into service
under a call-out order under section 54, in calculating when he is
40
entitled to be released by virtue of section 55(6) or (10) any service of
his under this Part or Part 4, 5 or 7 that occurred before he entered
into the agreement is to be treated as not having occurred.
(3)
An agreement under subsection (2) may also provide that, if the
person is accepted into service under a call-out order under section
45

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Schedule 14 — Amendments relating to reserve forces
246

54, section 55 shall apply in his case as if for the period of 12 months
specified in subsection (6) there were substituted a shorter period
specified in the agreement.
(4)
If an order under section 55(11) applies in relation to the person,
subsection (3) above has effect as if the reference to the period of 12
5
months were to the period of 2 years.”
36
After section 57 of that Act insert—
“57A
Agreement to alter limits in section 57
(1)
This section applies to a person if—
(a)
he is not in service under a call-out order under section 56;
10
and
(b)
if accepted into service under such a call-out order, he would
be immediately entitled to release under section 57(6) or (10).
(2)
The person may agree in writing that, if he is accepted into service
under a call-out order under section 56, in calculating when he is
15
entitled to be released by virtue of section 57(6) or (10) any service of
his under this Part or Part 4, 5 or 7 that occurred before he entered
into the agreement is to be treated as not having occurred.
(3)
An agreement under subsection (2) may also provide that, if the
person is accepted into service under a call-out order under section
20
56, section 57 shall apply in his case as if for the period of 9 months
specified in subsection (6) there were substituted a shorter period
specified in the agreement.”
37
In section 66(2)(b) of that Act (persons who may be recalled) for “regular air
force” substitute “Royal Air Force”.
25
38
In section 72 of that Act (release and discharge from service under recall
order) omit subsections (5) and (6).
39    (1)
Section 95 of that Act (offences against orders and regulations under section
4) is amended as follows.
      (2)
In subsection (1)—
30
(a)
omit paragraph (b);
(b)
in the words after paragraph (e), omit “triable by court-martial or
summarily by a civil court”.
      (3)
After that subsection insert—
“(1A)
A member of a reserve force (“A”) commits an offence if—
35
(a)
a superior officer (“B”), in pursuance of orders or regulations
under section 4, is acting in the execution of his office;
(b)
A’s behaviour towards B is threatening or disrespectful; and
(c)
A knows or has reasonable cause to believe that B is a
superior officer.
40
(1B)
For the purposes of subsection (1A)—
(a)
“superior officer” has the same meaning as in the Armed
Forces Act 2006;
(b)
section 11(3) of that Act (meaning of “behaviour” and
“threatening”) applies.
45