Armed Forces Bill
SECOND
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 11 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 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" |
| | THE LORD ASTOR OF HEVER
THE LORD LUKE |
| 33A | Page 8, line 11, after "law" insert ", or a civilian subject to service discipline," |
| 34 | Page 8, line 12, leave out "lawful" and insert "reasonable" |
| | THE LORD ASTOR OF HEVER
THE LORD LUKE |
| 34A | Page 8, line 13, after "enemy" insert "or prejudicial to the security or defence of the United Kingdom or Her Majesty's forces or their allies" |
| 34B | Page 8, line 15, at end insert "or prejudicial to the security or defence of the United Kingdom or Her Majesty's forces or 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" |
| 44 | Page 10, line 1, after "abusive," insert "harassing," |
| 45 | Page 10, line 1, leave out "and" and insert "or" |
| 46 | Page 10, line 3, after second "be," insert "or may be thought to be," |
| 47 | Page 10, line 4, after "abusive," insert "harassing," |
| 48 | Page 10, line 7, after "to" insert— |
| "(a) | a service restraining order under section 228 of this Act; or |
| 49 | Page 10, line 20, at end insert "; or |
| (c) | A purports to be a superior officer of B" |
| 50 | Page 10, line 35, leave out subsections (1) to (3) and insert— |
| "(1) | A person subject to service law commits an offence if— |
| (a) | he does an act that causes damage to or the loss of any public or service property or any property belonging to another person subject to service law; and |
| (i) | he intends to cause damage to or the loss of the property, and there is no lawful excuse for his act; or |
| (ii) | he is reckless as to whether he causes damage to or the loss of the property. |
| (2) | A person subject to service law commits an offence if— |
| (a) | negligently, he does an act that causes damage to or the loss of any public or service property; or |
| (b) | he does an act that is likely to cause damage to or the loss of any public or service property and— |
| (i) | he is reckless as to whether he causes damage to or the loss of the property; or |
| 51 | Page 11, line 20, leave out paragraphs (a) and (b) and insert— |
| "(a) | in the case of an offence under subsection (1), ten years; |
| (b) | in the case of an offence under subsection (2), two years." |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 52 | Page 11, line 26, after "he" insert "knowingly" |
| 53 | Page 11, line 29, at end insert— |
| "( ) | Subsection (1) does not apply if the person was ordered to carry out the action by a superior officer." |
| 54 | Page 13, line 38, leave out subsections (1) and (2) and insert— |
| "(1) | A person subject to service law commits an offence if he does an act that causes the hazarding of any of Her Majesty's ships and— |
| (a) | he intends to cause damage to or the stranding or loss of the ship, and there is no lawful excuse for his act; or |
| (b) | he is reckless as to whether he causes damage to or the stranding or loss of the ship." |
| 55 | Page 14, line 16, leave out "or (2)" |
| 56 | Page 14, line 36, leave out paragraph (b) and insert— |
| (i) | he intends to cause loss of life or injury to any person, and there is no lawful excuse for his act; or |
| (ii) | he is reckless as to whether he causes loss of life or injury to any person. |
| (1A) | A person subject to service law commits an offence if, negligently, he does an act— |
| (a) | when flying or using an aircraft, or |
| (b) | in relation to an aircraft or aircraft material, |
| | that causes or is likely to cause loss of life or injury to any person." |
| 57 | Page 15, line 10, leave out paragraphs (a) and (b) and insert— |
| "(a) | in the case of an offence under subsection (1), may be for life; |
| (b) | in the case of an offence under subsection (1A), must not exceed two years." |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 58 | Page 15, line 25, at end insert "and authorised for the specific flight" |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 59 | Page 16, line 6, at end insert "; or |
| ( ) | any of Her Majesty's combat vehicles" |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 59A* | Page 18, line 26, at end insert— |
| "(1A) | A person shall not be charged with an offence against this section committed in the United Kingdom if the corresponding offence under the law of England and Wales is treason, murder, manslaughter or rape. |
| (1B) | Where the corresponding civil offence is murder or manslaughter, an offence under this section shall be deemed, for the purposes of subsection (1A), to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death, irrespective of the place of the death." |
| 60 | Page 18, line 28, at end insert— |
| "( ) | No civilian subject to service discipline under the age of 18 years may be prosecuted before the Court Martial for an offence under this section." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill. |
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