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Earl Howe moved Amendment No. 32:


Page 6, line 9, leave out subsection (1) and insert--
("(1) A man serving in an ex-regular reserve force on transfer from the regular services may, with the consent of an authorised officer, enlist in another reserve force.
(1A) A man enlisted in a reserve force (including a man enlisted by virtue of subsection (1)) may, with the consent of an authorised officer, enlist in another reserve force.
(1B) On enlisting in a reserve force by virtue of this section the man concerned shall cease to be a member of the reserve force in which he was previously serving.").

The noble Earl said: The amendment expresses the existing provisions of Clause 14 in a clearer style. In speaking to it, I would also like to speak to Amendments Nos. 33, 34, 35 and 251. The clarity extends to a new definition of "term of compulsory service". I beg to move.

23 Jan 1996 : Column CWH7

On Question, amendment agreed to.

Earl Howe moved Amendments 33, 34 and 35:


Page 6, line 12, leave out subsection (2) and insert--
("(2) A man originally serving in an ex-regular reserve force on transfer from the regular services who--
(a) ceases to be a member of a reserve force in which he enlisted by virtue of this section without enlisting or re-enlisting in another reserve force; and
(b) does so before the date on which his term of compulsory service in the ex-regular reserve force to which he was transferred would have expired if he had not ceased to be a member of it on enlisting in another reserve force,
shall, unless an authorised officer otherwise directs, again be a man of the ex-regular reserve force to which he was transferred from the regular services.").
Page 6, line 24, leave out from first ("of") to end of line 25 and insert--
("(a) one or more named individuals; or
(b) persons of any description specified in the direction.").
Page 6, line 28, at end insert--
("(5) In this Act "term of compulsory service" means the term for which a person is required to serve in an ex-regular reserve force in pursuance of a requirement imposed by or under the Army Act 1955, the Air Force Act 1955 or the Armed Forces Act 1966.").

On Question, amendments agreed to.

Clause 14, as amended, agreed to.

Clause 15 [General powers to discharge men of the reserve forces]:

Earl Howe moved Amendment No. 36:


Page 6, line 32, leave out ("subsection (1)") and insert ("this section").

The noble Earl said: In moving this amendment I shall speak also to Amendments Nos. 37, 38 and 39. Clause 15 defines the provisions which enable the Defence Council to discharge a man from the reserve forces at any time. The clause is necessary to allow men to be discharged for both routine and exceptional reasons. All these amendments are designed to clarify the discharge provisions under Clause 15. They are straightforward and I hope they will not present any difficulty to the Committee. Amendment No. 36 is a minor drafting amendment. Amendment No. 38 is an improvement on the wording of subsection (4) which provides for a suitable route for appeals against discharge. Two amendments, Amendments Nos. 37 and 39 respectively, remove the existing provision given to commanding officers for discharge, and replace it with a separate new clause. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 37 and 38:


Page 6, line 35, leave out subsection (3).
Page 6, line 37, leave out subsection (4) and insert--
("(4) A man discharged by an authorised officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.").

On Question, amendments agreed to.

23 Jan 1996 : Column CWH8

Clause 15, as amended, agreed to.

Earl Howe moved Amendment No. 39:


After Clause 15, insert the following new clause--

Discharge by commanding officer

(" .--(1) A commanding officer may discharge any man of a reserve force under his command, in such manner and on such grounds as may be prescribed.
(2) A man discharged by his commanding officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.").

On Question, amendment agreed to.

Clause 16 [Entitlement to discharge]:

[Amendment No. 40 not moved.]

Earl Howe moved Amendment No. 41:


Page 7, line 5, leave out ("compulsory term of") and insert ("term of compulsory").

The noble Earl said: In moving this amendment I shall speak also to Amendment No. 43. These are minor drafting amendments. Clause 16 specifies the conditions which entitle any man of any reserve force to be discharged. Amendments Nos. 41 and 43 ensure that the wording of Clause 16 is consistent with Clause 14. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 42:


Page 7, line 6, leave out ("(b)") and insert ("(a)").

The noble Earl said: In moving this amendment I shall speak also to Amendment No. 45. These amendments correct errors in the cross-references in Clause 16 which were caused by a misprint in the labelling of the paragraphs of subsection (2) of that clause.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 43:


Page 7, line 6, leave out from second ("of") to end of line 7 and insert ("his term of compulsory service.").

On Question, amendment agreed to.

[Amendment No. 44 not moved.]

Earl Howe moved Amendment No. 45:


Page 7, line 8, leave out ("(2)(b)") and insert ("(2)(a)").

The noble Earl said: This was spoken to with Amendment No. 42. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 46:


Page 7, line 12, leave out ("only").

The noble Earl said: Amendment No. 46 is a minor drafting amendment relating to the conditions which apply to a man's entitlement to discharge, and in particular the surrender of equipment and other public property. If the word "only" added anything to the sense of subsection (4)(b), it was an unreasonable inference that, say, accidental damage could not be accepted in addition to fair wear and tear. It is better omitted. I beg to move.

23 Jan 1996 : Column CWH9

On Question, amendment agreed to.

Earl Howe moved Amendment No. 47:


Page 7, line 19, leave out subsection (5).

The noble Earl said: With the leave of the Committee, in moving Amendment No. 47 I shall speak to Amendment No. 50, as together they move a provision on discharge from Clause 16 to Clause 17 where it more logically belongs.

The removal and addition of text means that Clause 17 now provides that a man entitled to discharge under Clause 16 may only be discharged once he is released from permanent or full-time service. Clause 17 had previously applied only to a man who was not in permanent or full-time service. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 48:


Page 7, line 23, after ("man") insert ("of a reserve force").

The noble Earl said: This amendment is another drafting point which provides that the use of the term "man" is qualified as being "of a reserve force". It ensures that the use of "man" in Clause 16(5) is understood.

Clause 16(6) provides that a man who becomes entitled for discharge should be discharged with all convenient speed under the orders and regulations under Clause 4. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 49:


Page 7, line 24, at end insert ("(and shall continue as a man of that force until actually discharged)").

The noble Earl said: In moving this amendment I shall speak also to Amendments 51 and 52. These amendments are designed to tidy up the text. Amendments Nos. 49 and 52 transfer the substance of Clause 18(1) into Clause 16(6), with some saving of words. Amendment No. 51 is a minor drafting point which clarifies the phrase "that order" in Clause 17(3) by specifying it as a call-out order.

Clause 16(6) thus now provides that a man entitled to discharge shall be discharged with all convenient speed, although he will continue to be a member of a reserve force until actually discharged.

Clause 18 provides for the rights of men on being discharged. The removal of the subsection (1) means its scope is slightly narrower, providing that a man serving outside the United Kingdom who is to be discharged is entitled to be returned to the United Kingdom free of charge. It also provides that he would be entitled to free travel, either to the place where he was attested or to his intended place of residence in the United Kingdom. I beg to move.

On Question, amendment agreed to.

Clause 16, as amended, agreed to.

23 Jan 1996 : Column CWH10

4 p.m.

Clause 17 [Postponement of discharge]:


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