Armed Forces Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
254

Part 2
Exclusion and definitions
Exclusion
11    (1)
A person who is not a United Kingdom national is not within any of
paragraphs 4 to 10 at any time when he is in a country—
5
(a)
of which he is a national; or
(b)
in which he is ordinarily resident.
      (2)
In this paragraph a “United Kingdom national” means an individual who
is—
(a)
a British citizen, a British overseas territories citizen, a British
10
National (Overseas) or a British Overseas citizen;
(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.
      (3)
In determining for the purposes of this paragraph whether a person is
15
ordinarily resident in a country, no account shall be taken of any period
during which he has been or intends to be present there while falling (apart
from this paragraph) within any of paragraphs 4 to 10.
Definitions
12    (1)
In this Schedule “designated area” means an area which—
20
(a)
is outside the British Islands; and
(b)
is designated for the purposes of this Schedule by an order made by
the Secretary of State.
      (2)
An area designated for the purposes of this Schedule may consist of two or
more areas (whether or not contiguous).
25
13
In this Schedule references to a person residing or staying with another
person include references to the person—
(a)
being about to reside or stay with the other person; and
(b)
departing after residing or staying with him.
Schedule 16
30
Section 371

Minor and consequential amendments
Metropolitan Police Act 1860 (c. 135)
1
In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act
on military land etc), for “subject to naval or marine or military or air force
discipline” substitute “who are subject to service law, or are civilians subject
35
to service discipline, within the meaning of the Armed Forces Act 2006”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
255

Naval and Marine Pay and Pensions Act 1865 (c. 73)
2
In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of
naval and marine pay and pensions according to Order in Council) for the
words from “pay” to “thereof” substitute “pensions and grants”.
3
In section 9 of that Act (Order in Council not to contain provision
5
inconsistent with Naval Discipline Act), for the words from “pay” to the end
substitute “pensions contained in the Armed Forces Act 2006.”
Naval Pensions Act 1884 (c. 44)
4
In section 2 of the Naval Pensions Act 1884 (application of certain
enactments to Greenwich Hospital pensions), for “or section 128G of the
10
Naval Discipline Act 1957” substitute “or section 352 of the Armed Forces
Act 2006”.
Foreign Marriage Act 1892 (c. 23)
5
In section 22 of the Foreign Marriage Act 1892 (marriages abroad by
members of armed forces etc)—
15
(a)
in subsection (1A)—
(i)
in paragraph (a)(i) for the words from “employed” to the end
substitute “a relevant civilian who is employed in that
territory; or”;
(ii)
in paragraph (b) for “so prescribed” substitute “prescribed by
20
Order in Council”;
(b)
after that subsection insert—
“(1AA)
In subsection (1A)(a)(i) “relevant civilian” means a civilian
subject to service discipline (within the meaning of the
Armed Forces Act 2006) of a description prescribed by Order
25
in Council.”
Regimental Debts Act 1893 (c. 5)
6
In the Regimental Debts Act 1893, for the words “military law”, in each
place, substitute “service law”.
7
In section 23 of that Act (application of Act to deserters etc), omit the words
30
“is sentenced to death or”.
8
In section 29 of that Act (definitions)—
(a)
in the definition of “desert” for the words from “against paragraph
(a)” to the end substitute “under section 8 of the Armed Forces Act
2006;”;
35
(b)
for the words after that definition substitute—
““Subject to service law” has the same meaning as in the
Armed Forces Act 2006.”

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
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9
After that section insert—
“29A
Application of Act to members of naval, marine or air forces
(1)
Regulations may provide that any provision of this Act does not
apply, or applies with prescribed modifications, in relation to a
relevant person.
5
(2)
In this section “relevant person” means a person subject to service
law who is not a member of Her Majesty’s military forces.”
10
In section 33 of that Act (short title) for “Regimental Debts Act 1893”
substitute “Debts (Deceased Servicemen etc) Act 1893”.
Uniforms Act 1894 (c. 45)
10
11
In section 4 of the Uniforms Act 1894 (interpretation)—
(a)
in the definition of “Her Majesty’s Military Forces”, for “Army Act
1955” substitute “Armed Forces Act 2006”;
(b)
for the definition of “Her Majesty’s Naval Forces” substitute—
““Her Majesty’s Naval Forces” does not include any
15
Commonwealth force.”
Criminal Evidence Act 1898 (c. 36)
12    (1)
Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended
as follows.
      (2)
In subsection (1) omit the words from “including” to the end.
20
      (3)
After that subsection insert—
“(1A)
This Act applies in relation to service proceedings as it applies in
relation to criminal proceedings before a court in England and
Wales.
(1B)
In this section “service proceedings” means proceedings before a
25
court (other than a civilian court) in respect of a service offence; and
“service offence” and “civilian court” here have the same meanings
as in the Armed Forces Act 2006.”
Air Force (Constitution) Act 1917 (c. 51)
13
In section 2(1) of the Air Force (Constitution) Act 1917 (government,
30
discipline and pay of the Royal Air Force)—
(a)
omit “, pay, allowances,”;
(b)
after “Air Force”, in the second place where it occurs, insert “(except
pay and allowances)”.
Visiting Forces (British Commonwealth) Act 1933 (c. 6)
35
14    (1)
Section 4 of the Visiting Forces (British Commonwealth) Act 1933 (attached
personnel) is amended as follows.
      (2)
In subsection (2)(ii), for the words from the beginning to “may” substitute
“may, with his consent,”.
      (3)
In subsection (3)—
40

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
257

(a)
for the words before the proviso substitute—
“(3)
While a member of another force is by virtue of this section
attached temporarily to a home force—
(a)
he is subject to service law for the purposes of the
Armed Forces Act 2006 at all times at which he would
5
be so subject if he were a member of that force; and
(b)
he shall be treated as if he were a member of the home
force of relative rank:”;
(b)
in the proviso, for the words from “the Naval Discipline Act” to “as
the case may be,” substitute “the Armed Forces Act 2006”.
10
Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)
15
In Regulation 6 of the Defence (Armed Forces) Regulations 1939—
(a)
for “the Naval Discipline Act, military law or air-force law”
substitute “service law within the meaning of the Armed Forces Act
2006”;
15
(b)
omit the words from “within the meaning of” to the end;

and the text of the Regulation set out in Part C of Schedule 2 to the
Emergency Laws (Repeal) Act 1959 (c. 19) is amended accordingly.
Courts-Martial (Appeals) Act 1951 (c. 46)
16
In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment of Judge
20
Advocate General) for “His Majesty’s regular, auxiliary and reserve land
and air forces” substitute “Her Majesty’s regular and reserve naval, land and
air forces”.
Prison Act 1952 (c. 52)
17
In section 43 of the Prison Act 1952 (young offender institutions etc), after
25
subsection (7) add—
“(8)
The application of this Act to a person on whom a custodial sentence
(within the meaning of the Armed Forces Act 2006) has been passed
in respect of a service offence (within the meaning of that Act) is not
affected by the omission from subsection (1) of a reference to that
30
sentence.”
Visiting Forces Act 1952 (c. 67)
18    (1)
Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and
absentees of visiting forces) is amended as follows.
      (2)
In subsection (1)—
35
(a)
for the words from “sections one hundred and eighty-six” to “regular
forces)” substitute “sections 312 to 315 of the Armed Forces Act 2006
(which relate to the apprehension and transfer to service custody of
deserters and absentees without leave who are subject to service
law)”;
40
(b)
for “from the regular forces” substitute “who are subject to service
law”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
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      (3)
In subsection (2) for the words from “the said sections” to “eighty-eight”
substitute “sections 312 and 313 of that Act”.
      (4)
For subsection (3) substitute—
“(3)
In sections 313 to 315 of that Act as applied by subsection (1) above—
(a)
references to the transfer of a person to service custody are to
5
be read as references to the handing over of that person to
such authority of the country to which he belongs, at such
place in the United Kingdom, as may be designated by the
appropriate authority of that country;
(b)
references to the taking of a person into service custody are to
10
be read as references to the taking of a person into the
custody of such authority of the country to which he belongs
as may be designated by the appropriate authority of that
country.”
19
In section 14 of that Act (evidence for purposes of section 13) for “Army Act
15
1955” substitute “Armed Forces Act 2006”.
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
20    (1)
Section 1 of the Registration of Births, Deaths and Marriages (Special
Provisions) Act 1957 (records of births, marriages and deaths among armed
forces etc overseas) is amended as follows.
20
      (2)
In subsection (1)—
(a)
omit the words “, or among the families of”;
(b)
for paragraph (b) substitute—
“(b)
civilians subject to service discipline.”
      (3)
In subsection (3)—
25
(a)
for the words from “, or the family” to “of this section” substitute “a
civilian subject to service discipline”;
(b)
for “more particular description” substitute “particular description
of such civilians”.
      (4)
For subsection (5) substitute—
30
“(6)
In this section “civilian subject to service discipline” has the same
meaning as in the Armed Forces Act 2006.”
21
In section 2(1) of that Act (records of births and deaths in HM ships and
aircraft etc)—
(a)
omit paragraphs (a) and (b);
35
(b)
in paragraph (c) for “such an aircraft” substitute “one of Her
Majesty’s aircraft (as defined by paragraph 1(4) of Schedule 15 to the
Armed Forces Act 2006)”.
22
In section 4 of that Act (validation of certain entries)—
(a)
in subsection (1) for the words from “of any description” to “section
40
one of this Act” substitute “within subsection (1A) below”;
(b)
after that subsection insert—
“(1A)
A person is within this subsection if—

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
259

(a)
he serves Her Majesty in, or is otherwise employed in
any capacity connected with, Her Majesty’s naval,
military or air forces; or
(b)
he belongs to or is employed by any organisation
concerned with the welfare of members of those
5
forces.”
23
In section 5(1)(b) of that Act (registration of births of legitimated persons),
for the words from “a person of” to the end substitute “a civilian subject to
service discipline (within the meaning of the Armed Forces Act 2006),”.
Public Records Act 1958 (c. 51)
10
24
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in paragraph 4(1), after paragraph (f) insert—
“(fa)
records of the Court Martial, the Summary Appeal Court
or the Service Civilian Court;”.
Administration of Justice Act 1960 (c. 65)
15
25    (1)
Section 13 of the Administration of Justice Act 1960 (appeal in cases of
contempt of court) is amended as follows.
      (2)
In subsection (2)(c) for “and from an order or decision of the Court of
Criminal Appeal or the Courts-Martial Appeal Court” substitute “and from
an order or decision (except one made in Scotland or Northern Ireland) of
20
the Court Martial Appeal Court”.
      (3)
In subsection (5) after paragraph (c) insert—
“(d)
to an order or decision (except one made in Scotland or
Northern Ireland) of the Court Martial, the Summary Appeal
Court or the Service Civilian Court under section 307 of the
25
Armed Forces Act 2006,”.
Criminal Justice Act 1961 (c. 39)
26
In section 22 of the Criminal Justice Act 1961 (assisting escaped prisoners
etc), for subsection (3) substitute—
“(2A)
The reference in subsection (2) to a person who has been sentenced
30
as mentioned there includes—
(a)
a person on whom a custodial sentence within the meaning
of the Armed Forces Act 2006 has been passed (anywhere) in
respect of a service offence within the meaning of that Act;
(b)
a person in respect of whom an order under section 213 of
35
that Act (detention for commission of offence during
currency of order) has been made.”
27
In section 39 of that Act (interpretation) for subsection (2) substitute—
“(2)
Except as otherwise expressly provided, references in this Act to a
court do not include the Court Martial, the Summary Appeal Court,
40
the Service Civilian Court, the Court Martial Appeal Court or the
Supreme Court on an appeal brought from the Court Martial Appeal
Court.”

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Schedule 16 — Minor and consequential amendments
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Parliamentary Commissioner Act 1967 (c. 13)
28
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
subject to investigation)—
(a)
in paragraph 6 for the words from “proceedings at any place” to “Air
Force Act 1955” substitute “service law proceedings (as defined by
5
section 322(5) of the Armed Forces Act 2006) (anywhere)”;
(b)
in paragraph 7 for “Courts-Martial Appeal Court” substitute “Court
Martial Appeal Court”.
Criminal Justice Act 1967 (c. 80)
29
In section 72 of the Criminal Justice Act 1967 (power to issue warrant for
10
arrest of escaped prisoners etc) after subsection (5) add—
“(6)
References in this section to offences include service offences within
the meaning of the Armed Forces Act 2006.”
30
In section 104(1) of that Act (interpretation), in the definition of “court” for
“a court-martial” substitute “the Court Martial, the Summary Appeal Court,
15
the Service Civilian Court, the Court Martial Appeal Court or the Supreme
Court on an appeal brought from the Court Martial Appeal Court”.
Civil Evidence Act 1968 (c. 64)
31    (1)
Section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil
proceedings) is amended as follows.
20
      (2)
In subsection (1) for “by a court-martial there or elsewhere” substitute “of a
service offence (anywhere)”.
      (3)
In subsection (2) for “by a court-martial there or elsewhere” substitute “of a
service offence”.
      (4)
In subsection (5) after paragraph (a) insert—
25
“(aa)
section 186 of the Armed Forces Act 2006 (which makes
similar provision in respect of service convictions);”.
      (5)
For subsection (6) substitute—
“(7)
In this section—
“service offence” has the same meaning as in the Armed Forces
30
Act 2006;
“conviction” includes anything that under section 369(1) and (2)
of that Act is to be treated as a conviction, and “convicted” is
to be read accordingly.”
32
In section 13 of that Act (conclusiveness of convictions for purposes of
35
defamation actions)—
(a)
in subsection (3) for “by a court-martial there or elsewhere”
substitute “(in the case of a service offence) a conviction (anywhere)
of that service offence”;
(b)
in subsection (4) for “(6)” substitute “(7)”.
40
33
In section 18 of that Act (general interpretation etc)—
(a)
in subsection (2), in the definition of “court” for “court-martial”
substitute “service court”;