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Schedule 15
Repeals
Amendments made: No. 108, in Schedule 15, page 239, line 8, at end insert—
| ‘Naval Agency and Distribution Act 1864 (c. 24) | Section 16. |
| Naval and Marine Pay and Pensions Act 1865 (c. 73) | Section 6. |
| Regimental Debts Act 1893 (c. 5) | In section 23, the words “is sentenced to death or”. |
| Criminal Evidence Act 1898 (c. 36) | In section 6(1), the words from “including” to the end. |
| Air Force Constitution) Act 1917 (c. 51) | In section 2(1), the words “, pay, allowances,”. |
| In section 3, in the sidenote the words “and attaching”, in subsection (1) the words from “, or attached” to “four years:”, and subsection (4).’. |
No. 109, in Schedule 15, page 239, line 11, at end insert—
| ‘Visiting Forces (British Commonwealth) Act 1933 (c. 6) | Sections 6 and 7. |
| Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304) | In Regulation 6, the words from “within the meaning of” to the end.’. |
No. 110, in Schedule 15, page 239, line 16, at end insert—
| ‘Criminal Justice Act 1948 (c. 58) | In section 80(1) , the definition of “Court”.’. |
No. 111, in Schedule 15, page 239, line 29, column 2, at end insert—
| ‘In Schedule 2, paragraphs 5 and 9.’. |
No. 112, in Schedule 15, page 239, line 31, at end insert—
| ‘Ghana Independence Act 1957 (c. 6) | Section 4(2) and (3). |
| Homicide Act 1957 (c. 11) | Section 13(3). |
No. 113, in Schedule 15, page 239, line 33, at end insert—
| ‘Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58) | In section 1(1), the words “, or among the families of”. |
| Federation of Malaya Independence Act 1957 (c. 60) | In Schedule 1, paragraph 2. |
| Emergency Laws (Repeal) Act 1959 (c. 19) | In Part C of Schedule 2, in the text of Regulation 6 of the Defence (Armed Forces) Regulations 1939, the words
Column Number: 190
from “within the meaning of” to the end. |
| Cyprus Act 1960 (c. 52) | In the Schedule, paragraph 4. |
| Nigeria Independence Act 1960 (c. 55) | Section 3(2) and (3). |
| Sierra Leone Independence Act 1961 (c. 16) | Section 3(2). |
| Criminal Justice Act 1961 (c. 39) | In section 38, in subsection (2)(b) the words from “a sentence passed by a court-martial” to “1955), and”, and in subsection (3)(b) the words “a sentence passed by a court-martial for any offence, and”. |
| In section 39(1), the definition of “court martial”.’. |
No. 114, in Schedule 15, page 239, line 35, at end insert—
| ‘Tanganyika Independence Act 1961 (c. 1) | Section 3(2) and (3). |
| Jamaica Independence Act 1962 (c. 40) | Section 3(2). |
| Trinidad and Tobago Independence Act 1962 (c. 54) | Section 3(2). |
| Uganda Independence Act 1962 (c. 57) | Section 3(2) and (3). |
| Malaysia Act 1963 (c. 35) | In Schedule 2, paragraph 3. |
| Kenya Independence Act 1963 (c. 54) | Section 4(2) and (3). |
| Zanzibar Act 1963 (c. 55) | In Schedule 1, paragraph 5. |
| Defence (Transfer of Functions Act 1964 (c. 15) | In section 1—
|
| Malawai Independence Act 1965 (c. 46) | Section 4(2) and (3). |
| Zambia Independence Act 1964 (c. 65) | In Schedule 1, paragraphs 5 and 11. |
| Malta Independence Act 1964 (c. 86) | Section 4(2) and (3). |
| Gambia Independence Act 1964 (c. 93) | Section 4(2) and (3). |
| Murder (Abolition of Death Penalty) Act 1965 (c. 71) | Section 1(4). |
| In section 3(3), the words “, except as regards courts-martial,”. |
| Guyana Independence Act 1966 (c. 14) | Section 5(2). |
| Botswana Independence Act 1966 (c. 23) | In the Schedule, paragraphs 5 and 10. |
| Lesotho Independence Act 1966 (c. 24) | In the Schedule, paragraphs 5 and 11. |
| Singapore Act 1966 (c. 29) | In the Schedule, paragraph 2. |
| Barbados Independence Act 1966 (c. 37) | Section 4(2) and (3).’. |
No. 115, in Schedule 15, page 239, line 36, at end insert—
| ‘Criminal Law Act 1967 (c. 58) | Section 11(2)(a)(ii).’. |
No. 116, in Schedule 15, page 239, line 37, column 2, at end insert—
Column Number: 191
No. 117, in Schedule 15, page 239, line 39, at end insert—
| ‘Mauritius Independence Act 1968 (c. 8) | Section 4(2).’. |
No. 118, in Schedule 15, page 240, line 32, column 2, at end insert—
| ‘(a) “the Judge Advocate General”,’. |
No. 119, in Schedule 15, page 240, line 42, at end insert—
| ‘Swaziland Independence Act Act 1968 (c. 56) | In the Schedule, paragraphs 5 and 11(a). |
| Tonga Act 1970 (c. 22) | In the Schedule, paragraphs 4 and 9(a). |
| Fiji Independence Act 1970 (c. 50) | Section 4(2).’. |
No. 120, in Schedule 15, page 240, line 54, at end insert—
| ‘Criminal Justice Act 1972 (c. 71) | In section 66(2), the words ““court” does not include a court-martial;”. |
| Bahamas Independence Act Act 1973 (c. 27) | Section 4(2). |
| Bangladesh Act 1973 (c. 49) | In the Schedule, paragraph 1. |
| Rehabilitation of Offenders Act 1974 (c. 53) | In section 5(1)(d), the words “or a corresponding court-martial punishment”. |
| House of Commons Disqualification Act 1975 (c. 24) | In section 1(1)(c), the words “or the Ulster Defence Regiment”. |
| In Schedule 1, in Part 3 the words “Judge Advocate of the Fleet.” |
| Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In section 1(1)(c), the words “or” to the end. |
| In Schedule 1, in Part 3 the words “Judge Advocate of the Fleet.” |
| Seychelles Act 1976 (c. 19) | In the Schedule, paragraph 2.’. |
No. 121, in Schedule 15, page 241, line 7, at end insert—
| ‘Bail Act 1976 (c. 63) | In Part 3 of Schedule 1, in paragraph 4 the definition of “the Services Acts”. |
| Solomon Islands Act 1978 (c. 15) | Section 7(2) and (3). |
| Oaths Act 1978 (c. 19) | Section 7(4) and (5). |
| Tuvalu Act 1978 (c. 20) | Section 4(2). |
| Kiribati Act 1979 (c. 27) | In the Schedule, paragraph 2. |
| Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980 (c. 2) | In the Schedule, paragraphs 10 to 12. |
| Reserve Forces Act 1980 (c. 9) | Section 10(5). |
Column Number: 192
| New Hebrides Act 1980 (c. 16) | In Schedule 1, paragraph 2. |
| Magistrates’ Courts Act 1980 (c. 43) | Setion 143(2)(g), (h) and (k). |
| Contempt of Court Act 1981 (c. 49) | In Schedule 1, paragraph 8. |
| Belize Act 1981 (c. 52) | In Schedule 2, paragraph 1.’. |
No. 122, in Schedule 15, page 241, line 13, column 2, at end insert—
No. 123, in Schedule 15, page 241, line 17, at end insert—
| ‘Criminal Justice Act 1982 (c. 48) | Section 58. |
| In Schedule 16, the entries relating to the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 and the Armed Forces Act 1976. |
| Police and Criminal Evidence Act 1984 (c. 60) | Section 51(c). |
| Brunei and Maldives Act 1985 (c. 3) | In the Schedule, paragraph 4.’. |
No. 124, in Schedule 15, page 241, line 18, at end insert—
| ‘Criminal Justice Act 1988 (c. 33) | Section 50. |
| Road Traffic Act 1988 (c. 52) | Section 144(2)(d). |
| Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) | Article 51(c). |
No. 125, in Schedule 15, page 241, line 20, at end insert—
| ‘Pakistan Act 1990 (c. 14) | In the Schedule, paragraph 3. |
| Courts and Legal Services Act 1990 (c. 41) | In section 119(1), in the definition of “court”, paragraph (b). |
| Namibia Act 1991 (c. 4) | In the Schedule, paragraph 2. |
| Criminal Justice Act 1991 (c. 53) | Section 71. |
No. 126, in Schedule 15, page 241, line 22, column 2, at end insert—
| ‘In section 18, in subsection (8) the words “on him” and the words from “shall be liable” to the end, and subsection (9). |
Column Number: 193
No. 127, in Schedule 15, page 241, line 26, at end insert—
| ‘Local Government Finance Act 1992 (c. 14) | In Schedule 1, in paragraph 1(3)(a), the word “or” at the end. |
| Sexual Offences (Amendment) Act 1992 (c. 34) | Section 4(9). |
| In section 6(1), the definitions of “corresponding civil offence” and “service offence”. |
| Army Act 1992 (c. 39) | The whole Act. |
| Judicial Pensions and Retirement Act 1993 (c. 24) | In Schedule 1, in Part 2, the words “Judge Advocate of Her Majesty’s Fleet”. |
| In Schedule 5, the words “Judge Advocate of Her Majesty’s Fleet”. |
| Criminal Justice and Public Order Act 1994 (c. 33) | In section 146(4), the words from “or, in the case” to the end. |
| I section 147(3), the words from “or, in the case” to the end. |
| South Africa Act 1995 (c. 3) | In the Schedule, paragraph 3. |
| Criminal Appeal Act 1995 (c. 35) | In section 30(2)(c), the word “and” at the end.’. |
No. 128, in Schedule 15, page 241, line 27, column 2, at beginning insert—
No. 129, in Schedule 15, page 241, line 27, column 2, at end insert—
No. 130, in Schedule 15, page 241, line 29, column 2, after ‘Section’insert ‘102 and’.
No. 131, in Schedule 15, page 241, line 29, column 2, at end insert—
No. 132, in Schedule 15, page 241, line 32, column 2, after ‘123’ insert ‘and 124’.
No. 133, in Schedule 15, page 241, line 32, column 2, at end insert—
No. 134, in Schedule 15, page 241, line 36, column 2, at end insert—
Column Number: 194
No. 135, in Schedule 15, page 241, column 2, leave out lines 38 and 39 and insert—
| ‘Section 79(5) and (6).’. |
No. 136, in Schedule 15, page 241, line 40, column 2, at end insert—
No. 137, in Schedule 15, page 241, line 46, column 2, at end insert—
No. 138, in Shedule 15, page 241,m line 48, column 2, leave out ‘103’ and insert ‘to 107 and 110’.
No. 139, in Schedule 15, page 241, line 51, column 2, leave out ‘13’ and insert ‘15’.
No. 140, in Shedule 15, page 241, column 2, leave out lines 52 and 53 and insert—
| ‘In section 34, in subsection (2)(d) the word “and” at the end, and subsection (3).’. |
No. 141, in Schedule 15, page 241, line 53, at end insert—
| ‘Human Rights Act 1998 (c. 42) | Section 21(5). |
| Youth Justice and Criminal Evidence Act 1999 (c. 23) | Section 68(10).’. |
No. 142, in Schedule 15, page 242, column 2, leave out lines 2 to 5 and insert—
No. 143, in Schedule 15, page 242, line 5, at end insert—
| ‘Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 134, in subsdctions (1) and (2) the words “or award”.’. |
No. 144, in Shedule 15, page 242, line 6, column 2, at beginning insert—
| ‘In section 30—
(b) subsection (2);
(c) in subsdction (3), the words “, or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court,”.
In section 33(7), in the definition of “order for admission to hospital”, paragraph (a). |
No. 145, in Schedule 15, page 242, line 9, at end insert—
| ‘Section 81(2)(h). |
| Criminal Justice and Police Act 2001 (c. 16) | Section 88(8)(j). |
| International Criminal Court Act 2001 (c. 17) | Section 74.
| | Section 79(5).
| In Schedule 10, the entries relating to the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.’.
Column Number: 195
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No. 146, in Schedule 15, page 242, line 10, column 2, at end insert—
| ‘Section 13(2) and (3).’. |
No. 147, in Schedule 15, page 242, line 12, column 2, at end insert—
No. 148, in Schedule 15, page 242, line 14, column 2, at end insert—
No. 149, in Schedule 15, page 242, line 17, leave out ‘25’ and insert ‘27’.
No. 150, in Schedule 15, page 242, line 17, at end insert—
| ‘Justice (Northern Ireland) Act 2002 (c. 26) | In Schedule 4, paragraphs 10 to 12. |
| Commonwealth Act 2002 (c. 39) | In Schedule 2, paragraph 1. |
| Communications Act 2003 (c. 21) | In Schedule 17, paragraphs 23, 24 and 26. |
| Extradition Act 2003 (c. 41) | Section 3(6). |
| Sexual Offences Act 2003 (c. 42) | In section 81(3)(b), the words “or a term of service detention”. |
No. 151, in Schedule 15, page 242, line 18, at end insert—
| ‘Section 272(2) and (3). |
| Domestic Violence, Crime and Victims Act 2004 (c.28) | In Schedule 3, paragraphs 1 to 5, 9, 10, 14(3) and 15. |
| Constitutional Reform Act 2005 (c. 4) | In Schedule 11, in Part 2, in paragraph 4(3) the entries relating to the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.
Column Number: 196
|
| Serious Organised Crime and Police Act 2005 (c. 15) | Section 170. |
—[ Mr. Touhig.]
Schedule 15, as amended, agreed to.
11.30 am
Clause 369
Power to make further amendments and repeals
Question proposed, That the clause stand part of the Bill.
Mr. Howarth: I want only to raise a brief point. The powers that the clause confers on the Secretary of State to make further amendments and repeals seem extremely wide and, indeed, to cover enactments of the so-called Scottish Parliament, as well as Northern Ireland legislation. Subsection (3), on page 187, states:
“An order under subsection (1) may be made only for the purposes of—
(a) supplementing or giving full effect to this Act; or
(b) making provision consequential on the passing of this Act.”
Will there be any parliamentary scrutiny of such orders, or are we at risk of letting through a serious Henry VIII clause?
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