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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(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
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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
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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
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described in the order; and
(b)
has effect—
(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.
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(6)
Only corresponding prohibitions may be included in an order under
this section.
(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
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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
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subsection (4).
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
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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
with an appeal;
(c)
with respect to the powers of the Judge Advocate General in
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relation to an appeal.
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.
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(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
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imprisonment imposed in respect of the offence must not exceed five
years.
(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
relates.”
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(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,
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may be varied etc by Court Martial) applies.”
Miscellaneous amendments of Armed Forces Act 2006
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Place of sitting of Service Civilian Court
In section 277 of AFA 2006 (Service Civilian Court), for subsection (2)
substitute—
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“(2)
The Service Civilian Court may sit in any place, whether within or
outside the United Kingdom.”
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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—
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“(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
officer.
(2)
An order of a commanding officer reducing the rank or rate of a
warrant officer or non-commissioned officer (“an order reducing rank
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or rate”)—
(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
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as an airman.
(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
lance bombardier; or
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(b)
the commanding officer making the order is of or above the
rank of rear admiral, major-general or air vice-marshal.”

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(2)
For the heading to that section, substitute “Administrative reduction in rank or
rate”.
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Service complaint panels
(1)
In section 335 of AFA 2006 (service complaints: role of Defence Council and
service complaint panels)—
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(a)
in subsection (1), after “may,” insert “in the case of a service complaint
and ”;
(b)
in subsection (2), for “The delegation under subsection (1) of a function”
substitute “A decision by the Defence Council to delegate under
subsection (1)”;
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(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);
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and
(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
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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
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336A, relating to independent members.”
(4)
Omit subsection (3).
(5)
After subsection (4) insert—
“(4A)
The Defence Council may determine—
(a)
that a service complaint panel is to include a specified number
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of independent members;
(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
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(b)
any service complaint of a description determined by the
Defence Council.
(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
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determining—
(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.
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(4D)
A delegation under subsection (4C) may relate to—
(a)
a particular service complaint;
(b)
any service complaint of a description determined by the
Defence Council; or
(c)
all service complaints.
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(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
336A(2)(a) applies;
(b)
make a determination under subsection (4A)(b) where a
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requirement mentioned in subsection (6)(a)(iii) or section
336A(2)(b) applies.”
(6)
In subsection (6)—
(a)
for “The regulations” substitute “Regulations under subsection (5)(a)”;
and
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(b)
for paragraph (a) substitute—
“(a)
impose, in the case of any service complaint of a
prescribed description, one or more of the following
requirements—
(i)
a requirement for a service complaint panel to
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include a prescribed number of independent
members;
(ii)
a requirement for all or a prescribed majority of
the members of a service complaint panel to be
independent members;
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(iii)
a requirement for prescribed functions to be
exercised by independent members of a service
complaint panel;”.
(7)
After section 336 of AFA 2006 insert—
“336A
Requirement to delegate to service complaint panel
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(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
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(b)
imposing one or more of the requirements mentioned in
subsection (2).
(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;
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(b)
a requirement for prescribed functions to be exercised by
independent members of the service complaint panel.
(3)
In this section—
“independent member” has the same meaning as in section 336;
“prescribed” means prescribed by regulations under this section;
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“service complaint” has the same meaning as in section 334;
“service complaint panel” has the same meaning as in section 335.”