Armed Forces Bill

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Session 2010 - 11
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Armed Forces Bill

Armed Forces Bill
Schedule 4 — Consequential amendments
47

Schedule 4
Section 29

Consequential amendments
Road Traffic Act 1988 (c. 52)
1
In section 184(3) of the Road Traffic Act 1988 (definitions relating to persons
subject to service discipline), for paragraph (a) of the definition of “member
5
of the provost staff” substitute—
“(a)
a service policeman (within the meaning given by section
375(1) of the Armed Forces Act 2006); or”.
Extradition Act 2003 (c. 41)
2
In section 216(13) of the Extradition Act 2003 (definition of “service
10
policeman”), for the words from “means” to the end substitute “has the
meaning given by section 375(1) of the Armed Forces Act 2006”.
Armed Forces Act 2006 (c. 52)
3     (1)
Section 50(2) of AFA 2006 (definition of “service offence”) is amended as
follows.
15
      (2)
After paragraph (a) insert—
“(aa)
an offence under section 93A, 93E or 93G (testing for alcohol
or drugs on suspicion);”.
      (3)
After paragraph (c) insert—
“(ca)
an offence under section 232G (breach of service sexual
20
offences prevention order or extended prohibitions order);”.
      (4)
For paragraph (e) substitute—
“(e)
an offence under section 305 (random drug testing);”.
4     (1)
Section 53(1) of AFA 2006 (offences that may be dealt with at a summary
hearing) is amended as follows.
25
      (2)
After paragraph (g) insert—
“(ga)
an offence under section 93A, 93E or 93G (testing for alcohol
or drugs on suspicion);”.
      (3)
For paragraph (i) substitute—
“(i)
an offence under section 305 (random drug testing);”.
30
5
In section 58 of AFA 2006 (time limit for charging civilian formerly subject
to service discipline)—
(a)
in subsection (5)(a), after sub-paragraph (i) insert—
“(ia)
leaving a country in which he fell within
paragraph 5 of that Schedule;”;
35
(b)
in subsection (7), after paragraph (a) insert—
“(aa)
in relation to a person who falls within subsection
(5)(a) by reason of leaving a country in which he fell
within paragraph 5 of that Schedule, in that country
or any other country in which he falls within that
40
paragraph;”;

Armed Forces Bill
Schedule 4 — Consequential amendments
48

(c)
after subsection (7) insert—
“(8)
In subsections (5)(a)(ia) and (7)(aa) “country” is to be read in
accordance with paragraph 14 of Schedule 15.”
6
In section 87(1) of AFA 2006 (power of CO to authorise entry and search by
service policeman), for paragraphs (a) and (b) substitute—
5
“(a)
that a relevant offence within the meaning of section 84 has
been committed;
(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 on the premises;
10
(c)
that the material would be likely to be admissible in evidence
at 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
(within the meaning given by section 84);
15
(e)
that at least one of the conditions specified in section 83(4)
applies; and
(f)
that it is likely that the purpose of the search would be
frustrated or seriously prejudiced if no search could be
carried out before the time mentioned in subsection (2).”
20
7
In section 88(1) of AFA 2006 (power of CO to authorise entry and search by
person other than service policeman), for paragraphs (a) and (b) substitute—
“(a)
that a relevant offence within the meaning of section 84 has
been committed;
(b)
that material which is likely to be of substantial value
25
(whether by itself or together with other material) to the
investigation of the offence is on the premises;
(c)
that the material would be likely to be admissible in evidence
at a trial for the offence;
(d)
that it does not consist of or include items subject to legal
30
privilege, excluded material or special procedure material
(within the meaning given by section 84);
(e)
that at least one of the conditions specified in section 83(4)
applies (the reference in section 83(4)(e) to a service
policeman being read as a reference to a person authorised
35
under this subsection); and
(f)
that it is likely that the purpose of the search would be
frustrated or seriously prejudiced if no search could be
carried out before the time mentioned in subsection (2).”
8     (1)
Section 97 of AFA 2006 (power to use reasonable force) becomes subsection
40
(1) of that section.
      (2)
After that subsection insert—
“(2)
Subsection (1) does not apply in relation to powers conferred by
Chapter 3A of this Part.”
9
In section 164(3) of AFA 2006 (provisions to which section 164 is subject)—
45
(a)
omit the entry relating to section 165 of the Act;
(b)
omit the “and” after the entry relating to Chapters 4 to 6 of Part 8; and

Armed Forces Bill
Schedule 4 — Consequential amendments
49

(c)
after the entry relating to Part 9 insert “; and
Schedule 3A (offender elected Court Martial trial).”
10
In Part 13 of AFA 2006, for the heading to Chapter 1 substitute—
“RANDOM DRUG TESTING”
11
In section 305 of AFA 2006 (testing for drugs)—
5
(a)
for the heading substitute “Random drug testing”;
(b)
in subsection (2)(b) omit the words from “or an investigation” to the
end.
12    (1)
Section 308 of AFA 2006 (provisions supplementary to sections 305 and 306)
is amended as follows.
10
      (2)
In the heading, for “Sections 305 and 306” substitute “Section 305”.
      (3)
In subsection (1)—
(a)
for “sections 305(1) and 306(2)” substitute “section 305(1)”;
(b)
omit paragraph (b);
(c)
in paragraph (c), omit “or 306(2)”;
15
(d)
in paragraph (d), omit “or 306(2)”.
      (4)
Omit subsection (2).
      (5)
In subsection (3), omit “or section 306(2)”.
      (6)
In subsection (4), before paragraph (a) insert—
“(za)
Chapter 3A of Part 3,”.
20
13
In section 325(1) of AFA 2006 (evidential burden as respects excuses)—
(a)
after “41,” insert “93A, 93E, 93G,”;
(b)
for “266 and 306” substitute “232G and 266”.
14    (1)
Section 373 of AFA 2006 (orders, regulations and rules) is amended as
follows.
25
      (2)
In subsection (2)—
(a)
after “sections” insert “20A,”;
(b)
after “36,” insert “93F,”.
      (3)
In subsection (3)(d)—
(a)
after “section” insert “20A,”;
30
(b)
after “336(5)(a)” insert “, 336A”.
      (4)
In subsection (3)(g), after “section” insert “232F or”.
15
Omit section 380(9) of AFA 2006.

Armed Forces Bill
Schedule 5 — Repeals and revocations
50

Schedule 5
Section 29

Repeals and revocations

Reference
Extent of repeal or revocation

Military Lands Act 1900 (c. 56)
In section 2—

(a)
in subsection (2), paragraph (b) of the

5

proviso;

(b)
subsection (3).

Naval Medical Compassionate
The whole Act.

Fund Act 1915 (c. 28)

Defence (Transfer of Functions)
In Part I of the First Schedule, the entry relating

10

(No 1) Order 1964 (S.I. 1964/
to the Naval Medical Compassionate Fund

488)
Act 1915.

Court Martial Appeals Act 1968
Section 56.

(c. 20)

Juries Act 1974 (c. 23)
In section 9B(3), the “or” at the end of paragraph

15

(c).

Reserve Forces Act 1996 (c. 14)
In section 95(2)(a)(ii) the words “or service

detention”.

Courts Act 2003 (c. 39)
Section 65(1).

In Schedule 8, paragraphs 259(3) and 261.

20

Civil Partnership Act 2004
In Schedule 26, paragraph 8.

(c. 33)

Armed Forces Act 2006 (c. 52)
In section 125—

(a)
in subsection (3), paragraph (c) and the

“or” preceding it;

25

(b)
subsection (4).

In section 164(3), the entry relating to section

165 and the “and” at the end of the entry

relating to Chapters 4 to 6 of Part 8.

Section 194(6).

30

Section 293.

In section 305—

(a)
in subsection (2)(b), the words from “or

an investigation” to the end;

(b)
in subsection (5), the words “or service

35

detention”.

Sections 306 and 307.

In section 308—

(a)
in subsection (1), paragraph (b), and in

paragraphs (c) and (d) the words “or

40

306(2)”;

(b)
subsection (2);

(c)
in subsection (3), the words “or section

306(2)”.

Section 336(3).

45

Section 375(5).

Section 380(9).

In Schedule 8, paragraph 50.

Armed Forces Bill
Schedule 5 — Repeals and revocations
51

Reference
Extent of repeal or revocation

Criminal Justice and
In Schedule 25, paragraphs 26(3) and (4) and 27.

Immigration Act 2008 (c. 4)

Naval Medical Compassionate
The whole Order.

Fund Order 2008 (S.I. 2008/

5

3129)

Coroners and Justice Act 2009
In Schedule 17, paragraph 9.

(c. 25)
In Part 5 of Schedule 23, the entry relating to

section 270B of the Armed Forces Act 2006.

The Armed Forces (Court
Part 20.

10

Martial) Rules 2009 (S.I.

2009/2041)