|
| |
|
(b) | after that subsection insert— |
| |
“(2A) | In subsection (2) “service court” means the Court Martial, the |
| |
Summary Appeal Court, the Service Civilian Court, the |
| |
Court Martial Appeal Court or the Supreme Court on an |
| |
appeal brought from the Court Martial Appeal Court.” |
| 5 |
Equal Pay Act 1970 (c. 41) |
| |
34 (1) | Section 7A of the Equal Pay Act 1970 (service pay and conditions) is |
| |
| |
| |
(a) | in paragraph (a) for the words from “a complaint” to “those |
| 10 |
procedures” substitute “a service complaint in respect of the claim”; |
| |
(b) | in paragraph (b) for “complaint” substitute “service complaint”. |
| |
(3) | In subsection (7), for “the service redress procedures” substitute “the service |
| |
| |
(4) | In subsection (12), for the definition of “the service redress procedures” |
| 15 |
| |
““service complaint” means a complaint under section 332 of |
| |
the Armed Forces Act 2006; |
| |
“the service complaint procedures” means the procedures |
| |
prescribed by regulations under that section.” |
| 20 |
35 | In section 7AB of that Act (“arrears date” for purposes of section 7A(9)(a) |
| |
(proceedings in England and Wales))— |
| |
(a) | in subsection (2), in paragraph (b) of the definitions of “concealment |
| |
case” and “disability case”, for “complaint under the service redress |
| |
procedures” substitute “service complaint”; |
| 25 |
(b) | in subsection (3) for “complaint under the service redress |
| |
procedures” substitute “service complaint”; |
| |
(c) | in subsection (5) for the words from “complaint” to the end |
| |
substitute “service complaint having been made.”; |
| |
(d) | in subsection (6) for “complaint under the service redress |
| 30 |
procedures” substitute “service complaint”. |
| |
36 | In section 7AC of that Act (determination of “period” for purposes of section |
| |
7A(9)(b) (proceedings in Scotland))— |
| |
(a) | in subsection (2) for “complaint under the service redress |
| |
procedures” substitute “service complaint”; |
| 35 |
(b) | in subsection (4) for the words from “complaint” to the end |
| |
substitute “service complaint having been made.”; |
| |
(c) | in subsection (5) for “complaint under the service redress |
| |
procedures” substitute “service complaint”. |
| |
Equal Pay Act (Northern Ireland) 1970 (c. 32) |
| 40 |
37 (1) | Section 6A of the Equal Pay Act (Northern Ireland) 1970 (service pay and |
| |
conditions) is amended as follows. |
| |
| |
|
| |
|
| |
|
(a) | in paragraph (a) for the words from “a complaint” to “those |
| |
procedures” substitute “a service complaint in respect of the claim”; |
| |
(b) | in paragraph (b) for “complaint” substitute “service complaint”. |
| |
(3) | In subsection (7), for “the service redress procedures” substitute “the service |
| |
| 5 |
(4) | In subsection (12), for the definition of “the service redress procedures” |
| |
| |
““service complaint” means a complaint under section 332 of |
| |
the Armed Forces Act 2006; |
| |
“the service complaint procedures” means the procedures |
| 10 |
prescribed by regulations under that section.” |
| |
38 | In section 6AB of that Act (“arrears date” in proceedings under section |
| |
| |
(a) | in subsection (2), in paragraph (b) of the definitions of “concealment |
| |
case” and “disability case”, for “complaint under the service redress |
| 15 |
procedures” substitute “service complaint”; |
| |
(b) | in subsection (3) for “complaint under the service redress |
| |
procedures” substitute “service complaint”; |
| |
(c) | in subsection (5) for the words from “complaint” to the end |
| |
substitute “service complaint having been made.”; |
| 20 |
(d) | in subsection (6) for “complaint under the service redress |
| |
procedures” substitute “service complaint”. |
| |
Civil Evidence Act (Northern Ireland) 1971 (c. 36) |
| |
39 (1) | Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as |
| |
evidence in civil proceedings) is amended as follows. |
| 25 |
(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 |
| |
| |
(4) | In subsection (5) after paragraph (b) insert— |
| 30 |
“(bb) | section 186 of the Armed Forces Act 2006 (which makes |
| |
similar provision in respect of service convictions);”. |
| |
(5) | For subsection (6) substitute— |
| |
| |
“service offence” has the same meaning as in the Armed Forces |
| 35 |
| |
“conviction” includes anything that under section 369(1) and (2) |
| |
of that Act is to be treated as a conviction, and “convicted” is |
| |
| |
40 | In section 9 of that Act (conclusiveness of convictions for purposes of |
| 40 |
| |
(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)”. |
| 45 |
|
| |
|
| |
|
41 | In section 14 of that Act (general interpretation etc)— |
| |
(a) | in subsection (2), in the definition of “court” for “court-martial” |
| |
substitute “service court”; |
| |
(b) | after that subsection insert— |
| |
“(2A) | In subsection (2) “service court” means the Court Martial, the |
| 5 |
Summary Appeal Court, the Service Civilian Court, the |
| |
Court Martial Appeal Court or the Supreme Court on an |
| |
appeal brought from the Court Martial Appeal Court.” |
| |
| |
42 | In Schedule 1 to the Juries Act 1974 (persons disqualified from jury service, |
| 10 |
| |
(a) | in paragraph 7(c) after “Channel Islands” insert “or a service |
| |
community order or overseas community order under the Armed |
| |
| |
(b) | in paragraph 8(a) for “by a court-martial” substitute “(anywhere) in |
| 15 |
respect of a service offence within the meaning of the Armed Forces |
| |
| |
Rehabilitation of Offenders Act 1974 (c. 53) |
| |
43 | In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated |
| |
persons and spent convictions), in subsection (4) after “2000” insert “or |
| 20 |
section 186 of the Armed Forces Act 2006”. |
| |
44 | In section 2 of that Act (rehabilitation of persons dealt with in service |
| |
disciplinary proceedings)— |
| |
(a) | in subsection (5) after “any of the following—” insert— |
| |
“(za) | any proceedings (whether or not before a court) in |
| 25 |
respect of a service offence within the meaning of the |
| |
Armed Forces Act 2006 (except proceedings before a |
| |
civilian court within the meaning of that Act);”; |
| |
(b) | after that subsection add— |
| |
“(6) | Section 369(1) to (3) of the Armed Forces Act 2006 |
| 30 |
(“conviction” and “sentence” in relation to summary hearings |
| |
and the SAC) apply for the purposes of this Act as they apply |
| |
for the purposes of that Act.” |
| |
45 (1) | Section 5 of that Act (rehabilitation periods for particular sentences) is |
| |
| 35 |
| |
| |
(i) | after “Powers of Criminal Courts (Sentencing) Act 2000,” |
| |
insert “or under section 208 or 217 of the Armed Forces Act |
| |
| 40 |
(ii) | after “said Act of 2000” insert “or section 208 of the said Act |
| |
| |
(iii) | omit “or a corresponding court-martial punishment”; |
| |
(b) | in paragraph (f), at the end insert “(including any sentence within |
| |
this paragraph passed as a result of any of sections 218 to 221 of the |
| 45 |
| |
|
| |
|
| |
|
(3) | For subsection (1A) substitute— |
| |
“(1A) | In subsection (1)(d)— |
| |
(a) | references to section 208 of the Armed Forces Act 2006 |
| |
include references to section 71A(4) of the Army Act 1955 or |
| |
Air Force Act 1955 or section 43A(4) of the Naval Discipline |
| 5 |
| |
(b) | the reference to section 217 of the Armed Forces Act 2006 |
| |
includes a reference to section 71A(3) of the Army Act 1955 or |
| |
Air Force Act 1955 or section 43A(3) of the Naval Discipline |
| |
| 10 |
| |
(a) | in Table A, in the fifth entry for “Any sentence of detention” |
| |
substitute “Any sentence of service detention within the meaning of |
| |
the Armed Forces Act 2006, or any sentence of detention |
| |
corresponding to such a sentence,”; |
| 15 |
| |
(i) | in the fourth entry, after “2000” insert “or under section 208 |
| |
of the Armed Forces Act 2006”; |
| |
(ii) | in the fifth entry, for “either of those provisions” substitute |
| |
“any provision mentioned in the fourth entry in this Table”. |
| 20 |
(5) | Before subsection (3) insert— |
| |
“(2A) | Table B applies in relation to a sentence under section 71A(4) of the |
| |
Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval |
| |
Discipline Act 1957 as it applies in relation to one under section 208 |
| |
of the Armed Forces Act 2006.” |
| 25 |
(6) | In subsection (4A) after “2003” insert “or a service community order or |
| |
overseas community order under the Armed Forces Act 2006”. |
| |
(7) | In subsection (6A) after “2000” insert “, or an order under section 210 of the |
| |
Armed Forces Act 2006 was made”. |
| |
(8) | In subsection (9)(b) after “2000” insert “or section 208 of the Armed Forces |
| 30 |
| |
46 | In the Schedule to that Act (service disciplinary convictions referred to in |
| |
section 6(6)(bb)), after paragraph 6 add— |
| |
“Provisions of the Armed Forces Act 2006 |
| |
7 | Any service offence within the meaning of the Armed Forces Act |
| 35 |
2006 except one punishable in the case of an offender aged 18 or |
| |
over with imprisonment for more than two years.” |
| |
House of Commons Disqualification Act 1975 (c. 24) |
| |
47 | In section 1 of the House of Commons Disqualification Act 1975 |
| |
(disqualification of holders of certain offices)— |
| 40 |
(a) | in subsection (1)(c) omit “or the Ulster Defence Regiment”; |
| |
(b) | in subsection (3), in the definition of “regular armed forces of the |
| |
Crown”, for the words from “the regular forces” to the end substitute |
| |
“the Royal Marines, the regular army (as defined by section 367 of |
| |
the Armed Forces Act 2006) or the Royal Air Force.” |
| 45 |
|
| |
|
| |
|
48 | In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for |
| |
membership), for “Judge of the Courts-Martial Appeal Court.” substitute |
| |
“Judge of the Court Martial Appeal Court.” |
| |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) |
| |
49 | In section 1 of the Northern Ireland Assembly Disqualification Act 1975 |
| 5 |
(disqualification of holders of certain offices)— |
| |
(a) | in subsection (1)(c) omit the words from “or” to the end; |
| |
(b) | in subsection (2), in the definition of “regular armed forces of the |
| |
Crown”, for the words from “the regular forces” to the end substitute |
| |
“the Royal Marines, the regular army (as defined by section 367 of |
| 10 |
the Armed Forces Act 2006) or the Royal Air Force.” |
| |
50 | In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for |
| |
membership), for “Judge of the Courts-Martial Appeal Court.” substitute |
| |
“Judge of the Court Martial Appeal Court.” |
| |
Sex Discrimination Act 1975 (c. 65) |
| 15 |
51 (1) | Section 85 of the Sex Discrimination Act 1975 (application to Crown etc) is |
| |
| |
| |
(a) | in paragraph (a) for the words from “a complaint” to “those |
| |
procedures” substitute “a service complaint in respect of the act |
| 20 |
| |
(b) | in paragraph (b) for “complaint” substitute “service complaint”. |
| |
(3) | In subsection (9D) for “the service redress procedures” substitute “the |
| |
service complaint procedures”. |
| |
(4) | In subsection (10) for the definition of “the service redress procedures” |
| 25 |
| |
““service complaint” means a complaint under section 332 of |
| |
the Armed Forces Act 2006; |
| |
“the service complaint procedures” means the procedures |
| |
prescribed by regulations under that section;”. |
| 30 |
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14) |
| |
52 | In section 1(4) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) |
| |
Act 1976 (investigation of death and application for public inquiry)— |
| |
(a) | after paragraph (b) insert— |
| |
“(ba) | he is detained in, or is subject to detention in, service |
| 35 |
custody premises (within the meaning of section 298 |
| |
of the Armed Forces Act 2006);”; |
| |
(b) | in paragraph (c)(i) for “and (b)” substitute “, (b) and (ba)”. |
| |
| |
53 | In section 2(2) of the Bail Act 1976 (definitions), for the definition of “Courts- |
| 40 |
Martial Appeal rules” substitute— |
| |
“Court Martial Appeal Rules” means rules made under section |
| |
49 of the Court Martial Appeals Act 1968,”. |
| |
|
| |
|
| |
|
54 | In section 5(10) of that Act (meaning of “prescribed” for purposes of section |
| |
5), for “Courts-Martial Appeal rules” substitute “Court Martial Appeal |
| |
| |
55 | In section 6(9)(c)(v) of that Act (meaning of the “appropriate officer” of the |
| |
court), for “Courts-Martial Appeal Court” substitute “Court Martial Appeal |
| 5 |
| |
56 | In section 8(4) of that Act (persons before whom recognizance may be |
| |
| |
| |
(i) | for “Courts-Martial Appeal Court” substitute “Court Martial |
| 10 |
| |
(ii) | for “Courts-Martial Appeal rules” substitute “Court Martial |
| |
| |
(b) | in the words after paragraph (d) for “Courts-Martial Appeal rules” |
| |
substitute “Court Martial Appeal Rules”. |
| 15 |
57 | In section 13(3) of that Act (application of Act), for “Courts-Martial Appeal |
| |
Court” substitute “Court Martial Appeal Court”. |
| |
58 | In Schedule 1 to that Act (persons entitled to bail: supplementary |
| |
| |
(a) | in paragraph 4 of each of Parts 1 and 2, for the words from “the |
| 20 |
sentence” to the end substitute “a sentence of a court or a sentence |
| |
imposed by an officer under the Armed Forces Act 2006.”; and |
| |
(b) | in paragraph 4 of Part 3 omit the definition of “the Services Acts”. |
| |
Race Relations Act 1976 (c. 74) |
| |
59 | In section 57(4B) of the Race Relations Act 1976 (claims under Part 3), in the |
| 25 |
words after the definition of “public investigator functions”, for the words |
| |
from “any offence” to “1957” substitute “any service offence within the |
| |
meaning of the Armed Forces Act 2006”. |
| |
60 (1) | Section 75 of that Act (application to Crown etc) is amended as follows. |
| |
| 30 |
(a) | in paragraph (a) for the words from “a complaint” to “those |
| |
procedures” substitute “a service complaint in respect of the act |
| |
| |
(b) | in paragraph (b) for “complaint” substitute “service complaint”. |
| |
(3) | In subsection (9B) for “the service redress procedures” substitute “the |
| 35 |
service complaint procedures”. |
| |
(4) | In subsection (10), for paragraph (ab) substitute— |
| |
“(ac) | “service complaint” means a complaint under section 332 of |
| |
the Armed Forces Act 2006; |
| |
(ad) | “the service complaint procedures” means the procedures |
| 40 |
prescribed by regulations under that section;”. |
| |
61 | In section 78(1) of that Act (general interpretation provisions), for the |
| |
definition of “criminal proceedings” substitute— |
| |
““criminal proceedings” includes service law proceedings (as |
| |
defined by section 322(5) of the Armed Forces Act 2006);”. |
| 45 |
|
| |
|
| |
|
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) |
| |
62 (1) | Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 |
| |
(application to Crown etc) is amended as follows. |
| |
| |
(a) | in sub-paragraph (a) for the words from “a complaint” to “those |
| 5 |
procedures” substitute “a service complaint in respect of the act |
| |
| |
(b) | in sub-paragraph (b) for “complaint” substitute “service complaint”. |
| |
(3) | In paragraph (9D) for “the service redress procedures” substitute “the |
| |
service complaint procedures”. |
| 10 |
(4) | In paragraph (10) for the definition of “the service redress procedures” |
| |
| |
““service complaint” means a complaint under section 332 of |
| |
the Armed Forces Act 2006; |
| |
“the service complaint procedures” means the procedures |
| 15 |
prescribed by regulations under that section;”. |
| |
Judicature (Northern Ireland) Act 1978 (c. 23) |
| |
63 | In section 44 of the Judicature (Northern Ireland) Act 1978 (appeals in cases |
| |
| |
(a) | in subsection (2)(b) for “Courts-Martial Appeal Court” substitute |
| 20 |
“Court Martial Appeal Court”; |
| |
(b) | in subsection (5) after paragraph (c) insert— |
| |
“(d) | to an order or decision of the Court Martial or the |
| |
Summary Appeal Court under section 307 of the |
| |
| 25 |
Magistrates’ Courts Act 1980 (c. 43) |
| |
64 | In section 19(5) of the Magistrates’ Courts Act 1980 (decision as to |
| |
allocation), for paragraph (b) substitute— |
| |
“(b) | a previous conviction of a service offence within the meaning |
| |
of the Armed Forces Act 2006 (“conviction” here including |
| 30 |
anything that under section 369(1) and (2) of that Act is to be |
| |
treated as a conviction).” |
| |
65 | In section 125D(3) of that Act (execution by person not in possession of |
| |
warrant), for paragraph (b) substitute— |
| |
“(b) | a warrant under section 311, 312 or 315 of the Armed Forces |
| 35 |
| |
Public Passenger Vehicles Act 1981 (c. 14) |
| |
66 | In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary |
| |
provisions as to qualifications for PSV operator’s licence), in paragraph 1— |
| |
(a) | in sub-paragraph (6) after “1978” insert “or a service community |
| 40 |
order or overseas community order under the Armed Forces Act |
| |
| |
|
| |
|