Armed Forces Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
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A
Bill
To
Continue the Armed Forces Act 2006; to amend that Act and other enactments
relating to the armed forces and the Ministry of Defence Police; to amend the
Visiting Forces Act 1952; to enable judge advocates to sit in civilian courts; to
repeal the Naval Medical Compassionate Fund Act 1915; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Duration of Armed Forces Act 2006
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Duration of Armed Forces Act 2006
For section 382 of AFA 2006 (duration of armed forces legislation) substitute—
“382
Duration of this Act
(1)
This Act expires at the end of one year beginning with the day on which
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the Armed Forces Act 2011 is passed (but this is subject to subsection
(2)).
(2)
Her Majesty may by Order in Council provide that, instead of expiring
at the time it would otherwise expire, this Act shall expire at the end of
a period of not more than one year from that time.
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(3)
Such an Order may not provide for the continuation of this Act beyond
the end of the year 2016.
(4)
No recommendation may be made to Her Majesty in Council to make
an Order under subsection (2) unless a draft of the Order has been laid
before, and approved by resolution of, each House of Parliament.”
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Bill 122
55/1

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Armed forces covenant report
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Armed forces covenant report
After section 359 of AFA 2006 insert—
“359A
Armed forces covenant report
(1)
The Secretary of State must in each calendar year—
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(a)
prepare an armed forces covenant report; and
(b)
lay a copy of the report before Parliament.
(2)
An armed forces covenant report is a report about effects of
membership, or former membership, of the armed forces on service
people, or particular descriptions of such people—
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(a)
in the fields of healthcare, education and housing; and
(b)
in such other fields as the Secretary of State may determine.
(3)
In this section “service people” means—
(a)
members of the regular forces and the reserve forces;
(b)
members of British overseas territory forces who are subject to
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service law;
(c)
former members of any of Her Majesty’s forces who are
ordinarily resident in the United Kingdom; and
(d)
relevant family members.
(4)
In this section—
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“British overseas territory force” means any of Her Majesty’s
forces that is raised under the law of a British overseas territory;
“membership or former membership” of a force, in relation to a
person, includes any service in that force that that person is
undertaking, undertook or may be expected to be called on to
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undertake;
“relevant family members” means such descriptions of persons
connected with service members, or with persons who were
service members, as the Secretary of State considers should be
covered by a report or part of a report;
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“service member” means a person who falls within any of
paragraphs (a) to (c) of subsection (3).
(5)
In this section any reference to membership or former membership of
the armed forces is to be read, in relation to a person who is—
(a)
a service member, or
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(b)
a relevant family member by reason of connection with a person
who is or was a service member,

as a reference to the service member’s membership or former
membership of a force mentioned in subsection (3).
(6)
In relation to any particular description of service people covered by a
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report, the reference in subsection (2)(a) to the fields of healthcare,
education and housing is to such of those fields as the Secretary of State
considers are ones in which people of that description are affected by
membership or former membership of the armed forces.”

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Service Police and Ministry of Defence Police
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Provost Marshal’s duty in relation to independence of investigations
After section 115 of AFA 2006 insert—
“Provost Marshal’s duty in relation to independence of investigations
115A
Provost Marshal’s duty in relation to independence of investigations
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(1)
This section applies in relation to each service police force.
(2)
The Provost Marshal of the force has a duty, owed to the Defence
Council, to seek to ensure that all investigations carried out by the force
are free from improper interference.
(3)
“Improper interference” includes, in particular, any attempt by a
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person who is not a service policeman to direct an investigation which
is being carried out by the force.”
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Inspection of service police investigations
After section 321 of AFA 2006 insert—
“Chapter 4A
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Inspection of service police investigations
321A
Inspection of service police investigations
(1)
Her Majesty’s Inspectors of Constabulary (“the inspectors”) are to inspect,
and report to the Secretary of State on, the independence and effectiveness of
investigations carried out by each service police force.
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(2)
In this section “investigations” means investigations of matters where
service offences have or may have been committed, and includes
investigations outside the United Kingdom.
(3)
For the purposes of subsection (1) the inspectors may—
(a)
undertake such number of inspections as they think
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appropriate;
(b)
undertake inspections when they think it appropriate; and
(c)
decide which aspects of, or matters related to, investigations by
a service police force are to be the subject of a particular
inspection;
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but this is subject to subsection (4).
(4)
The Secretary of State may at any time require the inspectors to inspect,
and report to the Secretary of State on, any or all of the following—
(a)
the independence of investigations carried out by a particular
service police force;
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(b)
the effectiveness of such investigations;
(c)
a particular aspect of, or matter related to, such investigations.

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321B
Inspectors’ reports to be laid before Parliament
(1)
The Secretary of State must lay before Parliament each report made
under section 321A.
(2)
The Secretary of State may exclude from a report laid before Parliament
under this section any material whose publication, in the Secretary of
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State’s opinion—
(a)
would be against the interests of national security; or
(b)
might jeopardise the safety of any person.”
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Provost Marshals: appointment
(1)
After section 365 of AFA 2006 insert—
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“Provost Marshals
365A
Provost Marshals: appointment
(1)
No appointment of a person to be Provost Marshal of a service police
force may be made except by Her Majesty.
(2)
To be eligible for appointment as a Provost Marshal, a person must be
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a provost officer.”
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Ministry of Defence Police: performance regulations
In section 3A of the Ministry of Defence Police Act 1987 (regulations relating to
disciplinary matters), in each of subsections (1)(a) and (1A) after “conduct”
insert “, efficiency and effectiveness”.
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Powers of entry, search and seizure
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Power of judge advocate to authorise entry and search
For section 83 of AFA 2006 (power of judge advocate to authorise entry and
search) substitute—
“83
Power of judge advocate to authorise entry and search
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(1)
On an application made by a service policeman, a judge advocate may,
if the relevant requirements are met, issue a warrant authorising a
service policeman to enter and search—
(a)
one or more sets of premises specified in the application; or
(b)
any relevant residential premises occupied or controlled by a
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person specified in the application, including such sets of
premises as are so specified.
(2)
The relevant requirements are met (subject to subsection (3)) if the
judge advocate is satisfied that each set of premises specified in the
application is relevant residential premises and that there are
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reasonable grounds for believing—
(a)
that a relevant offence has been committed;

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(b)
that material which is likely to be of substantial value (whether
by itself or together with other material) to the investigation of
the offence is—
(i)
in the case of a warrant authorising entry and search of
specified premises, on those premises;
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(ii)
in the case of a warrant authorising entry and search of
any relevant residential premises occupied or controlled
by a specified person, on one or more sets of such
premises occupied or controlled by that person;
(c)
that the material would be likely to be admissible in evidence at
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a trial for the offence;
(d)
that it does not consist of or include items subject to legal
privilege, excluded material or special procedure material; and
(e)
that at least one of the conditions specified in subsection (4)
applies in relation to each set of premises specified in the
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application.
(3)
If the application is for a warrant authorising entry and search of any
relevant residential premises occupied or controlled by a specified
person, the judge advocate must also be satisfied—
(a)
that, because of the particulars of the offence mentioned in
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subsection (2)(a), there are reasonable grounds for believing
that in order to find the material mentioned in subsection (2)(b)
it is necessary to search relevant residential premises that are
occupied or controlled by the person in question and are not
specified in the application; and
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(b)
that it is not reasonably practicable to specify in the application
all the relevant residential premises that the person occupies or
controls and that might need to be searched.
(4)
The conditions mentioned in subsection (2)(e) are—
(a)
that it is not practicable to communicate with any person
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entitled to grant entry to the premises;
(b)
that it is practicable to communicate with a person entitled to
grant entry to the premises, but it is not practicable to
communicate with any person entitled to grant access to the
evidence;
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(c)
that entry to the premises will not be granted unless a warrant
is produced;
(d)
in the case of service living accommodation within section
96(1)(b) or (c)—
(i)
that it is not practicable to communicate with the person
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or (as the case may be) any of the persons for whom the
accommodation is provided; or
(ii)
that there is no such person with whom it is practicable
to communicate who will agree to grant access to the
accommodation without the production of a warrant;
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(e)
that the purpose of a search may be frustrated or seriously
prejudiced unless a service policeman arriving at the premises
can secure immediate entry to them.
(5)
A warrant under this section may authorise entry to and search of
premises on more than one occasion if, on the application for the
50
warrant, the judge advocate is satisfied that it is necessary to authorise

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multiple entries in order to achieve the purpose for which the warrant
is issued.
(6)
If the warrant authorises multiple entries, the number of entries
authorised may be unlimited, or limited to a maximum.
(7)
A service policeman may seize and retain anything for which a search
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has been authorised under subsection (1).”
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Power to make provision about access to excluded material etc
(1)
Section 86 of AFA 2006 (power to make provision about access to excluded
material etc) is amended as follows.
(2)
For subsections (1) and (2) substitute—
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“(1)
The Secretary of State may by order make provision that enables a
service policeman, for the purposes of an investigation of a relevant
offence and by making an application to a judge advocate in accordance
with the order—
(a)
to obtain access to excluded material or special procedure
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material on relevant residential premises; or
(b)
to obtain access to material (other than items subject to legal
privilege) on premises other than relevant residential premises.
(2)
An order under this section (an “enabling order”) may in particular—
(a)
so far as it relates to obtaining access to material on relevant
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residential premises, make provision equivalent to any
provision of Schedule 1 to PACE (special procedure for
obtaining production orders and warrants);
(b)
so far as it relates to obtaining access to material on premises
other than relevant residential premises, make provision
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equivalent to any provision of paragraphs 1 to 11 of that
Schedule (special procedure for obtaining production orders);
(c)
make provision equivalent to section 311(2) and (3) of this Act
(certification to civil court of offences akin to contempt) in
relation to a failure by a person within section 309(6) to comply
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with an order made by a judge advocate under the enabling
order;
(d)
authorise the use, in connection with any application made by
virtue of the enabling order, of live television or telephone links
or similar arrangements.
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(2A)
Any power under subsection (2) to make provision which is equivalent
to another provision includes power to make provision which is
equivalent subject to such modifications as the Secretary of State
considers appropriate.”
(3)
For subsection (4) substitute—
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“(4)
In this section the following expressions have the meanings given by
section 84—
“excluded material”;
“items subject to legal privilege”;
“relevant offence”;
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“special procedure material”.”