Armed Forces Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 20th June 2006, as follows—
Clauses 1 to 53
Schedule 1
Clauses 54 to 113
Schedule 2
Clauses 114 to 163
Schedule 3
Clauses 164 to 168
Schedule 4
Clauses 169 to 180
Schedule 5
Clause 181
Schedule 6
Clauses 182 to 205
Schedule 7
Clauses 206 to 271
Schedule 8
Clauses 272 to 275 | Schedule 9
Clauses 276 and 277
Schedule 10
Clauses 278 to 319
Schedule 11
Clauses 320 to 347
Schedule 12
Clauses 348 and 349
Schedule 13
Clauses 350 to 354
Schedule 14
Clauses 355 to 363
Schedule 15
Clauses 364 to 371
Schedules 16 and 17
Clauses 372 to 378 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD ASTOR OF HEVER
THE LORD LUKE |
| 1 | Page 1, line 7, after "law" insert "or a civilian subject to service discipline" |
| 2 | Page 1, line 7, leave out "lawful" and insert "reasonable" |
| 3 | Page 1, line 7, at end insert "or authority from a superior officer," |
| 4 | Page 1, line 12, after "any" insert "significant" |
| 5 | Page 1, line 12, after "information" insert "knowingly" |
| 6 | Page 1, line 14, after "supplies" insert "other than medical supplies" |
| 7 | Page 1, line 17, leave out "lawful" and insert "reasonable" |
| 8 | Page 2, line 5, leave out "reasonable" and insert "lawful" |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 9 | Page 2, line 15, leave out "use his utmost exertions to" |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 10 | Page 2, line 27, leave out "become despondent or alarmed" and insert "commit an offence under subsections (1) to (4)" |
| 11 | Page 2, line 38, leave out "subject to service law" |
| 12 | Page 2, line 43, leave out "subject to service law" |
| 13 | Page 3, line 1, leave out "lawful" and insert "reasonable" |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 14 | Page 3, line 5, at end insert— |
| "( ) | It shall be a defence for a person charged with an offence under this section to prove that the action or operation referred to in subsections (1) and (2) requires the commission by him of unlawful acts or is illegal under international law." |
| 15 | Page 3, line 14, after "any" insert "personal" |
| 16 | Page 3, line 14, after "property" insert ", including personal protection equipment," |
| 17 | Page 3, line 33, at end insert— |
| "( ) | In this section "lawful excuse" includes taking the property for the public service." |
| 18 | Insert the following new Clause— |
| | "Failure to suppress looting |
| (1) | A person subject to service law commits an offence if— |
| (a) | he knows that looting is occurring or is intended; and |
| (b) | he fails to take such steps as he could reasonably be expected to take to prevent or suppress it. |
| (2) | For the purposes of this section looting occurs when an offence under section 4 is committed. |
| (3) | A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, and any sentence of imprisonment imposed in respect of the offence must not exceed ten years." |
| 19 | Page 4, line 12, leave out subsections (1) and (2) and insert— |
| "(1) | Mutiny by a person subject to service law is an offence. |
| (2) | A person is guilty of mutiny within the meaning of this Act if— |
| (a) | he agrees with at least one other person subject to service law to overthrow or resist authority; |
| (b) | he agrees with at least one other person subject to service law to disobey authority, and the agreed disobedience would be such as to subvert discipline; |
| (c) | he, in concert with at least one other person subject to service law, acts with the intention of overthrowing or resisting authority; or |
| (d) | he, in concert with at least one other person subject to service law, disobeys authority in such circumstances as to subvert discipline." |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 20 | Page 4, line 14, leave out "or resist" |
| 21 | Page 4, line 20, leave out "or resisting" |
| 22 | Page 4, line 26, leave out "an offence under this section" and insert "mutiny" |
| 23 | Page 4, line 34, leave out subsection (2) |
| 24 | Page 5, line 12, at beginning insert "legal" |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 25 | Page 5, line 12, at end insert— |
| "( ) | It shall be a defence for a person charged with an offence under this section to prove that the particular service or kind of service referred to in subsections (2)(b) and (3) requires the commission by him of unlawful acts or is illegal under international law." |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 26 | Page 5, line 16, leave out "life" and insert "ten years" |
| | THE LORD CRAIG OF RADLEY
THE LORD CAMPBELL OF ALLOWAY |
| 27 | Leave out Clause 8 and insert the following new Clause— |
| (1) | Desertion by a person subject to service law is an offence. |
| (2) | A person is guilty of desertion within the meaning of this Act if— |
| (a) | he leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his unit, ship or place of duty, thereafter forms the likely intention; or |
| (b) | he absents himself without lawful authority with intent to avoid serving at any place overseas, or |
| (c) | he absents himself without lawful authority to avoid service or any particular service when before the enemy. |
| (3) | A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, and any sentence of imprisonment imposed in respect of the offence— |
| (a) | if subsection (2)(c) applies, may be for life, |
| (b) | otherwise, must not exceed two years." |
| 28 | Page 5, line 22, at end insert— |
| "( ) | A person subject to service law commits an offence if subsection (1) or (2) applies to him." |
| 29 | Page 5, line 23, leave out from beginning to "if" and insert "This subsection applies to a person" |
| 30 | Page 5, line 25, leave out from beginning to "if" and insert "This subsection applies to a person" |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 31 | Page 6, line 12, leave out "or disrespectful" |
| 32 | Page 6, line 25, at end insert— |
| "( ) | In this section, "officer" includes a warrant officer or a non-commissioned officer." |
| 33 | Page 6, line 33, at end insert "unless the offence directly caused loss of life or took place in the presence or vicinity of the enemy" |
| 34 | Page 8, line 12, leave out "lawful" and insert "reasonable" |
| | THE LORD ASTOR OF HEVER
THE LORD LUKE |
| 35 | Page 8, line 12, leave out "or might be useful to an enemy" and insert "be or is likely to be prejudicial to the security or defence of the United Kingdom or Her Majesty's forces and their allies" |
| 36 | Page 8, line 18, leave out "two" and insert "ten" |
| | THE LORD ASTOR OF HEVER
THE LORD LUKE |
| 37 | Page 8, line 20, after "law" insert ", or a civilian subject to service discipline," |
| 38 | Page 8, line 31, at end insert— |
| "( ) | A person subject to service law commits an offence if— |
| (a) | he knowingly supplies incorrect, insufficient or incomplete information to a Minister of the Crown; and |
| (b) | he knows or has reasonable cause to believe the Minister would be using that information for parliamentary business." |
| 39 | Page 8, line 39, at end insert "and includes an electronic or computer document" |
| | THE LORD ASTOR OF HEVER
THE LORD LUKE |
| 40 | Insert the following new Clause— |
| (1) | A person subject to service law, or a civilian subject to service discipline, commits an offence if— |
| (a) | he gives a certificate, makes or signs a record or makes an entry in a record without having ensured its accuracy; and |
| (b) | that certificate, record or entry relates to— |
| (i) | any matter relating to the seaworthiness or fighting efficiency of any of Her Majesty's ships; |
| (ii) | any matter relating to the airworthiness or fighting efficiency of any of Her Majesty's aircraft; |
| (iii) | any matter relating to the safety or fighting efficiency of any service material. |
| (2) | A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed two years." |
| | THE LORD ASTOR OF HEVER
THE LORD LUKE |
| 41 | Insert the following new Clause— |
| (1) | A person subject to service law, or a civilian subject to service discipline, commits an offence if— |
| (a) | without lawful excuse he does an act in relation to— |
| (i) | the operation, handling, servicing or storage; and |
| (ii) | the giving of directions with respect to the operation, handling servicing or storage of any of Her Majesty's ships, Her Majesty's aircraft or service material; and |
| (b) | the act causes, or is likely to cause, injury to a person. |
| (2) | A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed— |
| (a) | where the offender was reckless, ten years; |
| (b) | in any other case, two years." |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 42 | Page 9, line 26, after "orders" insert "or advice" |
| 43 | Page 9, line 27, after "orders" insert "or advice" |
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