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Armed Forces Bill


Armed Forces Bill
Schedule 16 — Minor and consequential amendments

261

 

(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

amended as follows.

      (2)  

In subsection (5)—

(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

complaint procedures”.

      (4)  

In subsection (12), for the definition of “the service redress procedures”

15

substitute—

““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.

      (2)  

In subsection (5)—

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

262

 

(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

complaint procedures”.

5

      (4)  

In subsection (12), for the definition of “the service redress procedures”

substitute—

““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

6A(9))—

(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

service offence”.

      (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—

“(7)   

In this section—

“service offence” has the same meaning as in the Armed Forces

35

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.”

40         

In section 9 of that Act (conclusiveness of convictions for purposes of

40

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)”.

45

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

263

 

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.”

Juries Act 1974 (c. 23)

42         

In Schedule 1 to the Juries Act 1974 (persons disqualified from jury service,

10

etc)—

(a)   

in paragraph 7(c) after “Channel Islands” insert “or a service

community order or overseas community order under the Armed

Forces Act 2006”;

(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

Act 2006”.

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

amended as follows.

35

      (2)  

In subsection (1)—

(a)   

in paragraph (d)—

(i)   

after “Powers of Criminal Courts (Sentencing) Act 2000,”

insert “or under section 208 or 217 of the Armed Forces Act

2006,”;

40

(ii)   

after “said Act of 2000” insert “or section 208 of the said Act

of 2006”;

(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

Armed Forces Act 2006)”.

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

264

 

      (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

Act 1957;

(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

Act 1957.”

10

      (4)  

In subsection (2)—

(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

(b)   

in Table B—

(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

Act 2006”.

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

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

265

 

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

amended as follows.

      (2)  

In subsection (9B)—

(a)   

in paragraph (a) for the words from “a complaint” to “those

procedures” substitute “a service complaint in respect of the act

20

complained of”;

(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

substitute—

““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)”.

Bail Act 1976 (c. 63)

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,”.

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

266

 

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

Rules”.

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

Court”.

56         

In section 8(4) of that Act (persons before whom recognizance may be

entered into)—

(a)   

in paragraph (d)—

(i)   

for “Courts-Martial Appeal Court” substitute “Court Martial

10

Appeal Court”;

(ii)   

for “Courts-Martial Appeal rules” substitute “Court Martial

Appeal Rules”;

(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

provisions)—

(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.

      (2)  

In subsection (9)—

30

(a)   

in paragraph (a) for the words from “a complaint” to “those

procedures” substitute “a service complaint in respect of the act

complained of”;

(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

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

267

 

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.

      (2)  

In paragraph (9B)—

(a)   

in sub-paragraph (a) for the words from “a complaint” to “those

5

procedures” substitute “a service complaint in respect of the act

complained of”;

(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”

substitute—

““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

of contempt of court)—

(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

Armed Forces Act 2006;”.

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

Act 2006;”.

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

2006”;

 

 

 
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