Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
275

      (3)
In subsection (2), for the words from “a person” to “without warrant”
substitute “without warrant a person who is subject to service law or is a
civilian subject to service discipline”.
      (4)
For subsection (3) substitute—
“(3)
In this section—
5
“civilian subject to service discipline” has the same meaning as
in the Armed Forces Act 2006;
“corresponding offence under the law of England and Wales”,
in relation to an offence under section 42 of that Act, has the
meaning given by that section;
10
“member of the provost staff” means—
(a)
anyone who is, or by reason of section 368(5) of that
Act is to be treated as, a service policeman for the
purposes of that Act; or
(b)
a person lawfully exercising authority on behalf of a
15
provost officer (within the meaning of that Act);
“subject to service law” has the same meaning as in that Act.”
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
94
In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order
1989 (codes of practice - supplementary), for paragraph 11 substitute—
20
“(11)
In paragraph (10) “criminal proceedings” includes service
proceedings.
(11A)
In this Article “service proceedings” means proceedings before a
court (other than a civilian court) in respect of a service offence; and
“service offence” and “civilian court” here have the same meanings
25
as in the Armed Forces Act 2006.”
95
In Article 70 of that Order (interpretation of Part IX (evidence in criminal
proceedings - general))—
(a)
in paragraph (1), in the definition of “Service court” for “a court-
martial or a Standing Civilian Court” substitute “the Court Martial or
30
the Service Civilian Court”;
(b)
omit paragraph (2).
96
In Article 73(3) of that Order (supplementary provision about conviction as
evidence of commission of offence), before sub-paragraph (b) insert—
“(aa)
section 186 of the Armed Forces Act 2006 (which makes
35
similar provision in respect of service convictions);”.
Courts and Legal Services Act 1990 (c. 41)
97
In section 119(1) of the Courts and Legal Services Act 1990 (interpretation),
in the definition of “court”—
(a)
in paragraph (a), at the end insert “and”;
40
(b)
omit paragraph (b).
Armed Forces Act 1991 (c. 62)
98
In section 24 of the Armed Forces Act 1991 (extent etc) for subsections (4) and

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
276

(5) substitute—
“(4)
Section 376 of the Armed Forces Act 2006 applies in relation to Part
3 of this Act as it applies in relation to that Act.”
Local Government Finance Act 1992 (c. 14)
99    (1)
Schedule 1 to the Local Government Finance Act 1992 (persons disregarded
5
for purposes of discount) is amended as follows.
      (2)
In paragraph 1—
(a)
in sub-paragraph (1)(a) for “of a court” substitute “or award”;
(b)
for sub-paragraph (2) substitute—
    “(2)
This sub-paragraph applies to—
10
(a)
an order of a court in the United Kingdom;
(b)
an order or award (whether or not of a court) made
(anywhere) in proceedings in respect of a service
offence within the meaning of the Armed Forces
Act 2006.”;
15
(c)
in sub-paragraph (3), omit “or” at the end of paragraph (a) and after
that paragraph insert—
“(aa)
is temporarily released under rules under section
298 of the Armed Forces Act 2006; or”;
(d)
in sub-paragraph (6)(a) for the words from “imprisoned” to the end
20
substitute “in service custody; and”.
      (3)
In paragraph 6(2)(b) for the words from “subject to” to the end substitute
“subject to service law within the meaning of the Armed Forces Act 2006.”
Sexual Offences (Amendment) Act 1992 (c. 34)
100
In section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which
25
the Act applies), for subsection (4) substitute—
“(4)
This Act applies to an offence under section 42 of the Armed Forces
Act 2006 if the corresponding offence under the law of England and
Wales (within the meaning given by that section) is an offence within
a paragraph of subsection (1) above.”
30
101
In section 3 of that Act (power to displace restrictions in section 1), after
subsection (6A) insert—
“(6B)
Where a person is charged with an offence to which this Act applies
by virtue of section 2(4), this section applies as if—
(a)
in subsections (1) and (2) for any reference to the judge there
35
were substituted a reference to the court; and
(b)
subsections (6) and (6A) were omitted.”
102
In section 4 of that Act (special rules for cases of incest or buggery), omit
subsection (9).
103   (1)
Section 6 of that Act (interpretation etc) is amended as follows.
40
      (2)
In subsection (1) omit the definitions of “corresponding civil offence” and
“service offence”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
277

      (3)
After that subsection insert—
“(1A)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,
incitement and aiding and abetting outside England and Wales)
applies for the purposes of this Act as if the reference in subsection
(3)(b) of that section to any of the following provisions of that Act
5
were a reference to any provision of this Act.”
      (4)
In subsection (3) for “a service offence” substitute “an offence under section
42 of the Armed Forces Act 2006”.
      (5)
In subsection (3A) for the words from “a service offence” to “as charged with
the offence” substitute “an offence under section 42 of the Armed Forces Act
10
2006 if he is charged (under Part 5 of that Act) with the offence”.
104
Omit section 7 of that Act (courts-martial).
105
In section 8 of that Act (short title, commencement and extent, etc) omit
subsection (7).
Criminal Justice and Public Order Act 1994 (c. 33)
15
106
In section 39 of the Criminal Justice and Public Order Act 1994 (power to
apply sections 34 to 38 to armed forces), for subsection (2) substitute—
“(2)
This section applies to any proceedings before an officer or court in
respect of a service offence (other than proceedings before a civilian
court); and “service offence” and “civilian court” here have the same
20
meanings as in the Armed Forces Act 2006.”
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
107
In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in
paragraph 5 for sub-paragraph (1) substitute—
    “(1)
In paragraph 1(3)(a) the reference to an offence mentioned in
25
paragraph 5 of Schedule 2 includes an offence under section 42 of
the Armed Forces Act 2006 as respects which the corresponding
offence under the law of England and Wales (within the meaning
given by that section) is an offence mentioned in that paragraph.
     (1A)
In paragraphs 3 and 4, references to an offence under the law of
30
any part of the United Kingdom include an offence under section
42 of that Act.
     (1B)
In paragraph 3(2)(c) the reference to a community order includes
a service community order or overseas community order under
that Act.”
35
Pensions Act 1995 (c. 26)
108
In section 166(5)(a) of the Pensions Act 1995 (pensions on divorce etc), for the
words from “section 203(1) and (2) of the Army Act 1955” to “1957”
substitute “section 352 of the Armed Forces Act 2006”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
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Criminal Procedure (Scotland) Act 1995 (c. 46)
109
In section 307 of the Criminal Procedure (Scotland) Act 1995
(interpretation)—
(a)
in subsection (2)—
(i)
for “court-martial”, both times it occurs, substitute “service
5
court”;
(ii)
for the words “under the” to the end substitute “for an offence
under section 42 of the Armed Forces Act 2006.”;
(b)
after that subsection insert—
“(2A)
In subsection (2), “service court” means—
10
(a)
the Court Martial;
(b)
the Summary Appeal Court;
(c)
the Court Martial Appeal Court; or
(d)
the Supreme Court on an appeal brought from the Court
Martial Appeal Court.”
15
Disability Discrimination Act 1995 (c. 50)
110
In section 68 of the Disability Discrimination Act 1995 (interpretation)—
(a)
in subsection (1) for the definition of “criminal proceedings”
substitute—
““criminal proceedings” includes service law
20
proceedings (as defined by section 322(5) of the
Armed Forces Act 2006);”;
(b)
in subsection (1C), in the definition of “offence” for the words from
“any offence” to “1957” substitute “any service offence within the
meaning of the Armed Forces Act 2006”.
25
Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))
111
In Article 162(5)(a) of the Pensions (Northern Ireland) Order 1995 (pensions
on divorce etc), for the words from “section 203(1) and (2) of the Army Act
1955” to “1957” substitute “section 352 of the Armed Forces Act 2006”.
Employment Rights Act 1996 (c. 18)
30
112
In section 192 of the Employment Rights Act 1996 (armed forces)—
(a)
in subsection (4)—
(i)
in paragraph (a) for the words from “a complaint” to “those
procedures” substitute “a service complaint”;
(ii)
in paragraph (b) for “complaint” substitute “service
35
complaint”;
(b)
in subsection (5)(b) for “the service procedures for the redress of
complaints” substitute “the service complaint procedures”;
(c)
for subsection (6) substitute—
“(6A)
In subsections (4) and (5)—
40
“service complaint” means a complaint under section
332 of the Armed Forces Act 2006;

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
279

“the service complaint procedures” means the
procedures prescribed by regulations under that
section.”
Criminal Procedure and Investigations Act 1996 (c. 25)
113
For section 78 of the Criminal Procedure and Investigations Act 1996
5
substitute—
“78
Application to armed forces
(1)
Subject to subsection (2), nothing in this Act applies in relation to—
(a)
proceedings before a court (other than a civilian court) in
respect of a service offence; or
10
(b)
any investigation conducted with a view to its being
ascertained whether a person should be charged with a
service offence or whether a person charged with such an
offence is guilty of it.
(2)
The Secretary of State may by order—
15
(a)
make as regards any proceedings mentioned in subsection
(1)(a) provision equivalent to the provisions contained in or
made under Part 1, subject to such modifications as he
considers appropriate;
(b)
make as regards any investigation mentioned in subsection
20
(1)(b) provision equivalent to the provisions contained in or
made under Part 2, subject to such modifications as he
considers appropriate.
(3)
An order under this section may make provision in such way as the
Secretary of State considers appropriate, and may in particular apply
25
any of the provisions concerned, with or without modifications.
(4)
In this section—
(a)
“civilian court” and “service offence” have the same
meanings as in the Armed Forces Act 2006;
(b)
references to charges are to charges brought under Part 5 of
30
that Act.”
Armed Forces Act 1996 (c. 46)
114
In section 6 of the Armed Forces Act 1996 (abrogation of common law
corroboration rules), in subsection (3) for the words from “for any offence”
to the end substitute “before—
35
(a)
the Court Martial;
(b)
the Summary Appeal Court;
(c)
the Service Civilian Court;
(d)
the Court Martial Appeal Court; or
(e)
the Supreme Court on an appeal brought from the Court
40
Martial Appeal Court.”

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
280

Housing Act 1996 (c. 52)
115
In section 199(4) of the Housing Act 1996 (local connection), for the words
from “the Royal Navy” to the end substitute “the regular forces as defined
by section 367 of the Armed Forces Act 2006.”
Social Security (Recovery of Benefits) Act 1997 (c. 27)
5
116
In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997
(compensation payments), in paragraph 2 after “2000” insert “or section 174
of the Armed Forces Act 2006”.
Crime (Sentences) Act 1997 (c. 43)
117
In section 31A(5) of the Crime (Sentences) Act 1997 (termination of licences
10
of persons serving preventive sentences), in the definition of “preventive
sentence”, at the end insert “(including such a sentence of imprisonment or
detention passed as a result of section 218 or 220 of the Armed Forces Act
2006)”.
118   (1)
Section 34 of that Act (meaning of “life sentence” for purposes of Chapter 2
15
of Part 2) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (d) at the end insert “(including one passed as a result
of section 218 of the Armed Forces Act 2006)”;
(b)
in paragraph (e) at the end insert “(including one passed as a result
20
of section 220 of the Armed Forces Act 2006)”;
(c)
after that paragraph add—
“(f)
a sentence of detention for life under section 208 of the
Armed Forces Act 2006;
(g)
a sentence under section 217 of that Act (detention at
25
Her Majesty’s pleasure).”
      (3)
Omit subsection (3).
119
In section 47(4) of that Act (application of section 47), at the end of paragraph
(b) insert “or” and for paragraphs (c) and (d) substitute—
“(c)
Schedule 4 to the Armed Forces Act 2006 (including as
30
applied by section 16(2) of the Court Martial Appeals Act
1968).”
120
In section 57 of that Act (extent etc), for subsection (8) substitute—
“(8)
Nothing in subsection (4) above affects the extent of section 47 of this
Act so far as it confers a power on the Court Martial or the Court
35
Martial Appeal Court.”
121
In Schedule 1 to that Act (transfer of prisoners within the British Islands), in
paragraph 20(1) (interpretation)—
(a)
before the definition of “prison” insert—
“detention and training order” includes an order under
40
section 210 of the Armed Forces Act 2006;”;
(b)
in the definition of “sentence of imprisonment”, after “detention”
insert “(except a sentence of service detention within the meaning of
the Armed Forces Act 2006)”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
281

Police Act 1997 (c. 50)
122   (1)
Section 93 of the Police Act 1997 (authorisations to interfere with property
etc) is amended as follows.
      (2)
In subsection (3)(aa) for “Royal Navy Regulating Branch” substitute “Royal
Navy Police”.
5
      (3)
In subsection (5)(eb) for “Royal Navy Regulating Branch” substitute “Royal
Navy Police”.
      (4)
In subsection (6A)(a) for “subject to service discipline” substitute “who is
subject to service law or is a civilian subject to service discipline”.
      (5)
For subsection (6B) substitute—
10
“(6B)
In subsection (6A) “subject to service law” and “civilian subject to
service discipline” have the same meanings as in the Armed Forces
Act 2006.”
123
In section 94(2)(db) of that Act (authorisations given in absence of
authorising officer), for “Royal Navy Regulating Branch” substitute “Royal
15
Navy Police”.
124
In section 108(1) of that Act (interpretation of Part 3), in the definition of
“criminal proceedings”, for paragraphs (a) to (c) substitute “proceedings
(whether or not before a court) in respect of a service offence within the
meaning of the Armed Forces Act 2006;”.
20
125
In section 113B(10) of that Act (enhanced criminal record certificates:
meaning of “police force”), for paragraphs (a) and (b) substitute—
“(a)
the Royal Navy Police;”.
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
126   (1)
Article 71 of the Race Relations (Northern Ireland) Order 1997 (application
25
to Crown etc) is amended as follows.
      (2)
In paragraph (8)—
(a)
in sub-paragraph (a) for the words from “a complaint” to “those
procedures” substitute “a service complaint in respect of the act
complained of”;
30
(b)
in sub-paragraph (b) for “complaint” substitute “service complaint”.
      (3)
In paragraph (10) for “the service redress procedures” substitute “the service
complaint procedures”.
      (4)
In paragraph (12), for the definition of “the service redress procedures”
substitute—
35
““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;”.