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Armed Forces Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 23rd October 2006, as follows—

Clauses 1 to 53
Schedule 1
Clauses 54 to 113
Schedule 2
Clauses 114 to 164
Schedule 3
Clauses 165 to 169
Schedule 4
Clauses 170 to 181
Schedule 5
Clause 182
Schedule 6
Clauses 183 to 206
Schedule 7
Clauses 207 to 272
Schedule 8
Clauses 273 to 276
Schedule 9
Clauses 277 and 278
Schedule 10
Clauses 279 to 321
Schedule 11
Clauses 322 to 351
Schedule 12
Clauses 352 and 353
Schedule 13
Clauses 354 to 358
Schedule 14
Clauses 359 to 370
Schedule 15
Clauses 371 to 378
Schedules 16 and 17
Clauses 379 to 386

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE EARL ATTLEE

1Page 1, line 7, leave out "lawful" and insert "reasonable"
2Page 1, line 17, leave out "lawful" and insert "reasonable"
 

Clause 3

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

3[Re-tabled as amendment 4A]
4Page 2, line 42, at beginning insert "without lawful excuse,"
4A*Page 2, line 42, leave out second "an" and insert "a lawful"
 

THE EARL ATTLEE

5Page 3, line 4, leave out "lawful" and insert "reasonable"
 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

6*Page 3, line 4, leave out second "an" and insert "a lawful"
 

Clause 4

 

THE EARL ATTLEE

7Page 3, line 16, leave out "lawful" and insert "reasonable"
8Page 3, line 22, leave out "lawful" and insert "reasonable"
 

Clause 5

 

THE EARL ATTLEE

9Page 4, line 7, leave out "lawful" and insert "reasonable"
10Page 4, line 9, leave out "lawful" and insert "reasonable"
 

Clause 6

 

THE LORD DRAYSON

11Page 4, line 17, leave out subsections (1) and (2) and insert—
"(1)  A person subject to service law commits an offence if he takes part in a mutiny.
(2)  For the purposes of this section a person subject to service law takes part in a mutiny if—
(a)  in concert with at least one other person subject to service law, he—
(i)  acts with the intention of overthrowing or resisting authority; or
(ii)  disobeys authority in such circumstances as to subvert discipline;
(b)  he agrees with at least one other person subject to service law to overthrow or resist authority; or
(c)  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."
12Page 4, line 27, leave out "this section" and insert "subsection (2)"
 

Clause 7

 

THE LORD DRAYSON

13Page 4, line 39, leave out from "when" to end of line 40 and insert "a person subject to service law, in concert with at least one other person subject to service law—
(a)  acts with the intention of overthrowing or resisting authority; or
(b)  disobeys authority in such circumstances as to subvert discipline."
 

Clause 8

 

THE LORD CRAIG OF RADLEY
THE LORD CAMPBELL OF ALLOWAY

14Page 5, line 7, leave out subsections (2) to (5) and insert—
"(2)  For the purposes of this Act a person deserts if he—
(a)  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 he forms the like intention, or
(b)  absents himself without leave with the intention of avoiding serving at any place overseas, or
(c)  absents himself without leave to avoid service or any particular service when before the enemy,
  and references in this Act to desertion shall be construed accordingly.
(3)  Any person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence—
(a)  if subsection (2)(c) applies may be for life, or
(b)  otherwise, must not exceed two years."
 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

15Page 5, line 12, at beginning insert "lawful"
16Page 5, line 13, at beginning insert "lawful"
17Page 5, line 15, at beginning insert "lawful"
 

THE LORD JUDD
THE LORD GARDEN
THE LORD ARCHER OF SANDWELL
THE LORD RUSSELL-JOHNSTON

18Page 5, line 15, at end insert "which is fully in accordance with the requirements of international law"
 

THE LORD GARDEN
THE LORD THOMAS OF GRESFORD
THE BARONESS DEAN OF THORNTON-LE-FYLDE

19Page 5, line 19, leave out "life" and insert "ten years"
 

Clause 17

 

THE EARL ATTLEE

20Page 8, line 17, leave out "lawful authority" and insert "reasonable excuse"
 

Clause 20

 

THE LORD GARDEN
THE LORD THOMAS OF GRESFORD

21Page 9, line 30, after "orders" insert "or advice"
22Page 9, line 31, after "orders" insert "or advice"
23Page 9, line 41, at end insert—
"(   )  Drugs administered for reasons of operational performance enhancement must be approved by the Secretary of State, and require the written consent of the individual."
 

Clause 24

 

THE EARL ATTLEE

24Page 11, line 6, leave out "lawful" and insert "reasonable"
 

Clause 31

 

THE EARL ATTLEE

25Page 14, line 2, leave out "lawful" and insert "reasonable"
 

Clause 32

 

THE EARL ATTLEE

26Page 14, line 20, leave out "lawful" and insert "reasonable"
 

Clause 36

 

THE LORD DRAYSON

27Page 16, line 13, leave out "or"
28Page 16, line 14, at end insert "; or
(d)  any equipment of a description prescribed by regulations made by the Defence Council."
 

Clause 38

 

THE EARL ATTLEE

29Page 17, line 13, leave out "lawful" and insert "reasonable"
 

Clause 42

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

30Page 18, line 34, at end insert—
"(1A)  A person shall not be charged with an offence under 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."
31Page 18, line 36, 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."
 

After Clause 49

 

THE LORD CAMPBELL OF ALLOWAY
THE LORD RAMSBOTHAM

32Insert the following new Clause—
2"Compliance with orders and rules of engagement      
            5(1)  A serviceman participating in armed combat or peacekeeping who has opened fire may not be convicted of murder, manslaughter or breach of international convention unless the intention not to comply with orders and rules of engagement is established beyond all reasonable doubt.
(2)  For the avoidance of doubt, this presumption in favour of the serviceman includes mistake made in good faith."
 

THE LORD KINGSLAND
[Amendments 33 and 34 are amendments to amendment 32]

33Line 2, at end insert—
"(   )  The rules of engagement shall have statutory force."
34Line 5, leave out "orders and rules of engagement" and insert "the relevant rules of engagement or orders issued pursuant to them"
 

After Clause 50

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

35Insert the following new Clause—
  "Extra-territorial jurisdiction
  Where the courts of any part of the United Kingdom have extra-territorial jurisdiction under statute to try, determine or punish any service offence committed abroad, the person accused may elect to be tried in the United Kingdom for the offence."
 

Clause 133

 

THE EARL ATTLEE

36Page 66, line 4, leave out "90" and insert "60"
37Page 66, line 14, leave out "90" and insert "60"
 

After Clause 153

 

THE EARL ATTLEE

38Insert the following new Clause—

"CHAPTER 5The Administration Tribunal

  The Administration Tribunal
(1)  There shall be a Tribunal, to be known as the Administration Tribunal.
(2)  The Administration Tribunal may sit in any place, whether within or outside the United Kingdom.
(3)  The Administration Tribunal shall have the functions and composition conferred on it by this Chapter."
39Insert the following new Clause—
  "Right of appeal
(1)  A person who—
(a)  has been discharged or informed that he is to be discharged,
(b)  is an officer that has been required to resign his commission, or
(c)  has been required to pay for loss or damage of service equipment,
  may appeal to the Administrative Tribunal against the administrative action.
(2)  Subject to subsection (3), any appeal under this section must be brought—
(a)  within the period of 14 days beginning with the date on which the event in subsection (1) occurred or was brought to his attention ("the initial period"); or
(b)  within such longer period as the Tribunal may allow by leave given before the end of the initial period.
(3)  The Tribunal may at any later time give leave for an appeal to be brought within such period as it may allow.
(4)  The respondent to an appeal under this section is the Secretary of State."
40Insert the following new Clause—
  "Constitution of Administration Tribunal
(1)  For the purpose of hearing an appeal under section (Right of appeal), the Administration Tribunal is to consist of—
(a)  a judge advocate; and
(b)  two or three officers qualified for membership under section (Officers and warrant officers qualified for membership of Administration Tribunal) and not ineligible by virtue of section (Officers and warrant officers ineligible for membership in particular circumstances).
(2)  Subsection (1) is subject to any provision made by Administration Tribunal rules.
(3)  The judge advocate for an applicant under section (Right of appeal) is to be specified by or on behalf of the Judge Advocate General.
(4)  The other members of the tribunal for an applicant under section (Right of appeal) are to be specified by or on behalf of the Tribunal administration officer."
41Insert the following new Clause—
  "Officers and warrant officers qualified for membership of Administration Tribunal
(1)  Subject to subsections (2) to (4), an officer or warrant officer is qualified for membership of the Administration Tribunal if he is subject to service law.
(2)  An officer is not qualified for membership of the Tribunal unless—
(a)  he has held a commission in any of Her Majesty's forces for at least three years; or
(b)  immediately before receiving his commission, he was a warrant officer or senior non-commissioned officer in any of those forces.
(3)  A warrant officer is not qualified for membership of the Tribunal if he is an acting warrant officer.
(4)  An officer or warrant officer is not qualified for membership of the Tribunal if—
(a)  he is a member of the Military Court Service;
(b)  he is a member of or on the staff of the Service Prosecuting Authority;
(c)  he is a service policeman;
(d)  he is a member of the Royal Army Chaplains' Department or the Royal Air Force Chaplains' Branch;
(e)  he has a general legal qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);
(f)  he is an advocate or solicitor in Scotland;
(g)  he is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
(h)  he has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
(5)  In this section "relevant territory" means—
(a)  any of the Channel Islands;
(b)  the Isle of Man;
(c)  a Commonwealth country; or
(d)  a British overseas territory."
42Insert the following new Clause—
  "Officers and warrant officers ineligible for membership in particular circumstances
(1)  An officer is ineligible for membership of the Administration Tribunal for the hearing of an appeal under section (Right of appeal) if—
(a)  he was the commanding officer of the appellant at any time in the period beginning with the date of commission of the offence which is the subject of the finding against the appellant and ending with the start of the Tribunal hearing;
(b)  before the Tribunal hearing, he took part in investigating the subject matter of any finding against the appellant;
(c)  he is a higher authority who dealt with an application made before the Tribunal hearing for permission under section 54 or for extended powers for the purposes of any provision of section 133 to 136 or 194;
(d)  he serves under the command of a person within paragraph (c);
(e)  he serves under the command of the officer who took the administrative action being appealed; or
(f)  before the Tribunal hearing, he conducted (whether alone or with other persons) an inquiry into the subject matter of any finding against the appellant.
(2)  A warrant officer is ineligible for membership of the Administration Tribunal for the hearing of an appeal under section (Right of appeal) if he falls within subsection (1)(b), (d), (e) or (f).
(3)  Administration Tribunal rules may provide that an officer or warrant officer of a description prescribed by the rules is ineligible for membership of the Administration Tribunal."
43Insert the following new Clause—
  "Open court
  Subject to any provision made by Administration Tribunal rules, the Administration Tribunal must sit in open court."
44Insert the following new Clause—
  "Hearing of appeals
(1)  An appeal under section (Right of appeal) against a finding is to be by way of a re-examination of the matter relevant to the appeal.
(2)  Rulings and directions on questions of law, procedure or practice for appeals under that section are to be given by the judge.
(3)  Any rulings or directions given under subsection (2) are binding on the Tribunal."
45Insert the following new Clause—
  "Powers of Administration Tribunal
(1)  The Administration Tribunal, by virtue of section (Hearing of appeals)(1) may—
(a)  confirm or quash the administrative action concerned; or
(b)  direct that different action is to be taken.
(2)  Administrative Tribunal rules may make provision in connection with the exercise of the power under subsection (1)."
46Insert the following new Clause—
  "Making of, and appeals from, decisions of Administration Tribunal
(1)  Subject to section (Hearing of appeals)(2), any decision of the Administration Tribunal when constituted under section (Constitution of Administration Tribunal)(1) must be determined by a majority of the votes of the members of the Tribunal.
(2)  The appellant or respondent may question any decision of the Administration Tribunal on the grounds that it is wrong in law or is in excess of jurisdiction by applying to the Administration Tribunal to have a case stated for the opinion of the High Court in England and Wales."
47Insert the following new Clause—
  "Immunities and privileges of witnesses and others
  A witness before the Administration Tribunal or any other person whose duty it is to attend the Tribunal is entitled to the same immunities and privileges as a witness before the High Court in England and Wales."
48Insert the following new Clause—
  "Administration Tribunal rules
(1)  The Secretary of State may by rules (referred to in this Act as "AT rules") make provision with respect to the Administration Tribunal.
(2)  AT rules may in particular make provision with respect to—
(a)  sittings of the Tribunal, including the place of sitting and changes to the place of sitting;
(b)  the hearing of appeals and other proceedings of the Tribunal;
(c)  the practice and procedure of the Tribunal;
(d)  evidence, including the admissibility of evidence;
(e)  the representation of the appellant.
(3)  Without prejudice to the generality of subsections (1) and (2), AT rules may make provision—
(a)  as to oaths and affirmations for members of the Tribunal, witnesses and other persons;
(b)  as to objections to, and the replacement of, members of the Tribunal;
(c)  as to the constitution of the Tribunal;
(d)  for such powers of the Tribunal as may be prescribed by the rules to be exercised by a judge advocate;
(e)  for procuring the attendance of witnesses and other persons and the production of documents and other things, including provision about—
(i)  the payment of expenses to persons summoned to attend the Tribunal;
(ii)  the issue by the Tribunal of warrants for the arrest of persons;
(f)  enabling an uncontested appeal to be determined without a hearing;
(g)  as to the bringing or abandonment of appeals;
(h)  for the discharge of a Tribunal (including provision as to rehearings following discharge);
(i)  as to notifications and references under section 152;
(j)  for the making and retention of records of the proceedings of the Tribunal;
(k)  for the supply of copies of such records, including provision about the fees payable for the supply of such copies;
(l)  conferring functions in relation to the Tribunal on the Tribunal administration officer;
(m)  for the delegation by the Tribunal administration officer of any of his functions in relation to the Tribunal.
(4)  Provision that may be made by the rules by virtue of subsection (2)(d) includes provision applying, with or without modifications, any enactment (whenever passed) creating an offence in respect of statements admitted in evidence.
(5)  AT rules may apply, with or without modifications, any enactment or subordinate legislation (whenever passed or made), including any provision made by or under this Act.
(6)  In this section "appeal" means an appeal under section (Right of appeal).
(7)  Subject to subsection (9), any appeal under this section must be determined within a period of no longer than six months beginning on the date the appeal was submitted.
(8)  In the case of an appeal to an administrative discharge or a requirement to resign a commission—
(a)  the Administrative Tribunal must make an initial decision whether the administrative action should be put into effect, subject to the final decision of the Administrative Tribunal, or
(b)  the appellant may continue his post subject to the outcome of the Administrative Tribunal.
(9)  In subsection (8), the initial decision must be made within a period of no longer than 6 weeks from the date the appeal was submitted."

 
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©Parliamentary copyright 2006
30 October 2006