|
| |
|
(b) | a member of the reserve forces (whether or not for the time |
| |
being subject to service law); |
| |
(c) | a civilian subject to service discipline. |
| |
(3) | The relevant requirements are met if the Court Martial is satisfied— |
| |
(a) | that the person is subject to an order under section 104 or 105 of |
| 5 |
SOA 2003 (“the principal order”); and |
| |
(b) | that there are members of the service community outside the |
| |
United Kingdom who would, if in the United Kingdom, be |
| |
protected by the principal order. |
| |
(4) | For the purposes of subsection (3)(b) a person (“P”) is “protected” by |
| 10 |
the principal order if one or more of the prohibitions included in the |
| |
order are for the purposes of the protection of P, or of persons of a |
| |
description within which P falls. |
| |
(5) | An order under this section— |
| |
(a) | prohibits the person subject to the order from doing anything |
| 15 |
described in the order; and |
| |
| |
(i) | until the expiry of the principal order; or |
| |
(ii) | if earlier, until the principal order is varied, renewed or |
| |
discharged under section 108 of SOA 2003. |
| 20 |
(6) | Only corresponding prohibitions may be included in an order under |
| |
| |
(7) | For the purposes of subsection (6) a “corresponding prohibition” is a |
| |
prohibition in substantially the same terms as a prohibition in the |
| |
principal order (“the principal prohibition”), subject to such |
| 25 |
modifications as are necessary to secure that the prohibition is for the |
| |
purposes of the protection of members of the service community |
| |
outside the United Kingdom who would, if in the United Kingdom, be |
| |
protected by the principal prohibition. |
| |
(8) | In subsection (7) “protected” is to be construed in accordance with |
| 30 |
| |
232F | Extended prohibitions orders: appeals |
| |
(1) | A person may appeal to the Judge Advocate General against the |
| |
making of an order under section 232E in respect of the person. |
| |
(2) | The Secretary of State may by rules make provision about appeals |
| 35 |
under this section, and the rules may in particular make provision— |
| |
(a) | specifying the grounds on which an appeal may be brought; |
| |
(b) | with respect to the procedure which is to apply in connection |
| |
| |
(c) | with respect to the powers of the Judge Advocate General in |
| 40 |
| |
232G | Offence: breach of order under section 232A or 232E |
| |
(1) | A person within subsection (2) (“P”) commits an offence if, without |
| |
reasonable excuse, P does anything which P is prohibited from doing |
| |
by an order under section 232A or 232E. |
| 45 |
|
| |
|
| |
|
(2) | The following are persons within this subsection— |
| |
(a) | a person subject to service law; |
| |
(b) | a civilian subject to service discipline. |
| |
(3) | A person guilty of an offence under this section is liable to any |
| |
punishment mentioned in the Table in section 164, but any sentence of |
| 5 |
imprisonment imposed in respect of the offence must not exceed five |
| |
| |
(4) | Where a person is convicted of an offence under this section, the court |
| |
that convicts him may vary or revoke the order to which the offence |
| |
| 10 |
(2) | In section 108 of the Sexual Offences Act 2003 (variation, renewal or discharge |
| |
of sexual offences prevention order), after subsection (8) insert— |
| |
“(9) | Subsection (1) does not apply where section 232C(3)(a) of the Armed |
| |
Forces Act 2006 (case where sexual offences prevention order in respect |
| |
of person subject to service law, or civilian subject to service discipline, |
| 15 |
may be varied etc by Court Martial) applies.” |
| |
Miscellaneous amendments of Armed Forces Act 2006 |
| |
18 | Place of sitting of Service Civilian Court |
| |
In section 277 of AFA 2006 (Service Civilian Court), for subsection (2) |
| |
| 20 |
“(2) | The Service Civilian Court may sit in any place, whether within or |
| |
outside the United Kingdom.” |
| |
19 | Administrative reduction in rank or rate |
| |
(1) | In section 332 of AFA 2006 (restriction on administrative reduction in rank or |
| |
rate), for subsections (1) to (4) substitute— |
| 25 |
“(1) | The rank or rate of a warrant officer or non-commissioned officer may |
| |
be reduced only by an order made by that person’s commanding |
| |
| |
(2) | An order of a commanding officer reducing the rank or rate of a |
| |
warrant officer or non-commissioned officer (“an order reducing rank |
| 30 |
| |
(a) | may not be made without the permission of higher authority |
| |
(but this is subject to subsection (3)); |
| |
(b) | may not reduce the rank of a person in any of Her Majesty’s air |
| |
forces below the highest rank that person has held in that force |
| 35 |
| |
(3) | The permission of higher authority is not required for an order |
| |
reducing rank or rate if— |
| |
(a) | the person whose rank is to be reduced is a lance corporal or |
| |
| 40 |
(b) | the commanding officer making the order is of or above the |
| |
rank of rear admiral, major-general or air vice-marshal.” |
| |
|
| |
|
| |
|
(2) | For the heading to that section, substitute “Administrative reduction in rank or |
| |
| |
20 | Service complaint panels |
| |
(1) | In section 335 of AFA 2006 (service complaints: role of Defence Council and |
| |
service complaint panels)— |
| 5 |
(a) | in subsection (1), after “may,” insert “in the case of a service complaint |
| |
| |
(b) | in subsection (2), for “The delegation under subsection (1) of a function” |
| |
substitute “A decision by the Defence Council to delegate under |
| |
| 10 |
(c) | for subsection (3) substitute— |
| |
“(3) | The Defence Council— |
| |
(a) | must determine the size of a service complaint panel |
| |
(subject to section 336(2) and any provision made by |
| |
virtue of section 336(6) relating to the size of a panel); |
| 15 |
| |
(b) | must appoint the members of a service complaint panel, |
| |
other than any members appointed by the Secretary of |
| |
State by virtue of section 336 or 336A.”; and |
| |
(d) | in subsection (4)(b), for “function of appointing members of service |
| 20 |
complaint panels” substitute “functions”. |
| |
(2) | Section 336 of AFA 2006 (composition and procedure of service complaint |
| |
panels) is amended as follows. |
| |
(3) | In subsection (1), for the words from “regulations” to the end substitute |
| |
“determination under this section, or regulations under this section or section |
| 25 |
336A, relating to independent members.” |
| |
| |
(5) | After subsection (4) insert— |
| |
“(4A) | The Defence Council may determine— |
| |
(a) | that a service complaint panel is to include a specified number |
| 30 |
| |
(b) | that specified functions are to be exercised by independent |
| |
members of a service complaint panel. |
| |
(4B) | A determination under subsection (4A) may relate to— |
| |
(a) | a particular service complaint; or |
| 35 |
(b) | any service complaint of a description determined by the |
| |
| |
(4C) | The Defence Council may, to such extent and subject to such conditions |
| |
as they consider appropriate, delegate to a person employed in the civil |
| |
service of the State or an officer their function under subsection (4A) of |
| 40 |
| |
(a) | whether a service complaint panel is to include independent |
| |
members (and, if so, how many); |
| |
(b) | whether particular functions are to be exercised by independent |
| |
members of a service complaint panel. |
| 45 |
|
| |
|
| |
|
(4D) | A delegation under subsection (4C) may relate to— |
| |
(a) | a particular service complaint; |
| |
(b) | any service complaint of a description determined by the |
| |
| |
(c) | all service complaints. |
| 5 |
(4E) | The Defence Council may not— |
| |
(a) | make a determination under subsection (4A)(a) where a |
| |
requirement mentioned in subsection (6)(a)(i) or (ii) or section |
| |
| |
(b) | make a determination under subsection (4A)(b) where a |
| 10 |
requirement mentioned in subsection (6)(a)(iii) or section |
| |
| |
| |
(a) | for “The regulations” substitute “Regulations under subsection (5)(a)”; |
| |
| 15 |
(b) | for paragraph (a) substitute— |
| |
“(a) | impose, in the case of any service complaint of a |
| |
prescribed description, one or more of the following |
| |
| |
(i) | a requirement for a service complaint panel to |
| 20 |
include a prescribed number of independent |
| |
| |
(ii) | a requirement for all or a prescribed majority of |
| |
the members of a service complaint panel to be |
| |
| 25 |
(iii) | a requirement for prescribed functions to be |
| |
exercised by independent members of a service |
| |
| |
(7) | After section 336 of AFA 2006 insert— |
| |
“336A | Requirement to delegate to service complaint panel |
| 30 |
(1) | Regulations made by the Secretary of State may, in relation to any |
| |
service complaint of a prescribed description, make provision— |
| |
(a) | requiring the Defence Council to exercise their power under |
| |
section 335(1) to delegate to a service complaint panel all or any |
| |
of the functions conferred on them by or under section 334; and |
| 35 |
(b) | imposing one or more of the requirements mentioned in |
| |
| |
(2) | Those requirements are— |
| |
(a) | a requirement for all or a prescribed majority of the members of |
| |
the service complaint panel to be independent members; |
| 40 |
(b) | a requirement for prescribed functions to be exercised by |
| |
independent members of the service complaint panel. |
| |
| |
“independent member” has the same meaning as in section 336; |
| |
“prescribed” means prescribed by regulations under this section; |
| 45 |
“service complaint” has the same meaning as in section 334; |
| |
“service complaint panel” has the same meaning as in section 335.” |
| |
|
| |
|