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Earl Howe moved Amendments No. 88 and 89:


Page 19, line 22, leave out ("a registered employer") and insert ("an employer who has made any such arrangements").
Page 19, line 23, leave out ("his") and insert ("that").

On Question, amendments agreed to.

Earl Howe moved Amendment No. 90:


Page 19, line 24, at end insert--
("(2A) Where an authorised person is satisfied at the time a person enters into an employee agreement that his employer has consented to his entering into the agreement, the validity of the agreement shall not be affected by any failure to comply with subsection (2); and a document purporting to be a certificate signed by the authorised person stating that he is so satisfied shall be evidence of that fact.

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(2B) In subsection (2A) "authorised person" means a person authorised by or in accordance with directions of the Defence Council for the purpose of exercising the functions mentioned in that subsection.

The noble Earl said: This amendment adds to Clause 39 provisions applying to the validity of employee agreements in respect of employer's consent, which are similar to those for special agreements in Clause 29(2), provided a person authorised by the Defence Council for the purpose is satisfied that employer consent has been given. Such things as a technical defect in the giving of consent, or, for example, the presentation of a bogus letter purporting to give an employer's consent, will not invalidate the agreement. However, if that were the case the employer would be able to seek to have the agreement terminated.

The amendment is necessary to protect the armed forces from an unexpected loss of support at perhaps a vital time, resulting from a claim that employer consent was not properly given. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments No. 91 to 93:


Page 19, line 25, leave out from ("shall") to ("if") in line 29.
Page 19, line 30, after ("agreement,") insert ("specify").
Page 19, line 31, leave out ("concerned") and insert ("specified in the agreement").

The noble Earl said: I have spoken to these amendments. I wish to move them en bloc.

On Question, amendments agreed to.

[Amendment No. 94 not moved.]

Earl Howe moved Amendment No. 95:


Page 19, line 39, leave out subsection (5) and insert--
("(5) On entering into an employee agreement a person who is already a member of the reserve force concerned shall become a special member of that force.
(6) Where a person entering into an employee agreement is not already a member of the reserve force concerned--
(a) he shall become a special member of the force concerned on enlisting in or becoming an officer of that force; but
(b) the agreement shall lapse if he has not enlisted in or become an officer of that force on or before the date specified in the agreement.
(7) An employee agreement entered into by any person shall terminate--
(a) on his entering into another employee agreement;
(b) on his ceasing to be a member of the reserve force concerned; or
(c) on his resuming service as, or becoming, an ordinary member of that force in accordance with section (Discharge etc. of special members no longer liable to be called out or to train).").

On Question, amendment agreed to.

Clause 39, as amended, agreed to.

Clause 40 [Termination of agreements]:

On Question, Whether Clause 40 shall stand part of the Bill?

Earl Howe: In directing your Lordships' attention to Clause 40, perhaps I may point out that Amendment

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No. 95 logically moves all the provisions contained in Clause 40 into Clause 39(5). I would therefore suggest to the Committee that Clause 40 be omitted.

Clause 40 negatived.

Clause 41 [Service as a special member]:

Earl Howe moved Amendment No. 96:


Page 20, line 21, leave out subsection (3).

The noble Earl said: I have already spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 97:


Page 20, line 36, leave out ("21 and 22") and insert ("and 21").

The noble Earl said: Again, I have already spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Clause 41, as amended, agreed to.

Clause 42 [Cessation of liability to be called out or to train]:

[Amendment No. 98 not moved.]

Earl Howe moved Amendments Nos. 99 and 100:


Page 20, line 43, leave out ("a registered employer") and insert ("the employer whose consent was required to his entry into the employee agreement").
Page 21, line 20, at end insert--
("( ) The Secretary of State shall give a notice under subsection (1)(d) if it appears to him that his arrangements with the special member's employer have ceased to have effect.").

The noble Earl said: These amendments have already been spoken to with Amendment No. 81. I beg to move.

On Question, amendments agreed to.

Earl Howe moved Amendment No. 101:


Page 21, line 25, leave out ("to the Secretary of State").

The noble Earl said: Amendment No. 101 is a drafting change to make the wording consistent. I beg to move.

On Question, amendment agreed to.

Clause 42, as amended, agreed to.

Clause 43 [Discharge etc. of special members]:

Earl Howe moved Amendment No. 102:


Leave out Clause 43 and insert the following new Clause--
(".--(1) This section applies when a man of a reserve force who is a special member ("the man") ceases by virtue of section 42 to be subject to the liability mentioned in section 41(1).
(2) The man shall be discharged with all convenient speed in such manner as may be prescribed unless he enters into a new employee agreement or continues as an ordinary member in accordance with subsection (3) or (4).
(3) If the man--
(a) was an ordinary member of the reserve force concerned immediately before becoming a special member; and
(b) was then serving for a term which has not expired,
he shall resume his service as an ordinary member (and so cease to be a special member) in accordance with orders or regulations under section 4.

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(4) If the man has been given permission by an authorised officer to continue as a member on ceasing to be a special member he shall, unless he resumes service under subsection (3), become an ordinary member (and so cease to be a special member) in accordance with orders or regulations under section 4.
(5) Nothing in this section affects the exercise of any power apart from this section to discharge a man of a reserve force or the operation of section 14(2) in relation to a man who is discharged.").

The noble Earl said: This amendment inserts a new clause which replaces Clauses 43 to 45. It does not change the substance of the Bill in any way. However, it does simplify greatly the provisions relating to the discharge of special members no longer able to be called out or to train, and those relating to individuals continuing in reserve service as ordinary members when their liabilities cease. In essence, the new clause, which the amendment seeks to insert, provides for the practical effects of Clauses 43 to 45 in a greatly simplified form. The simplification achieved is best appreciated by comparing the amended version of Part V with the original tabled version. I beg to move.

On Question, amendment agreed to.

Clause 43, as amended, agreed to.

Clause 44 negatived.

Clause 45 negatived.

Clause 46 [Call out of special members]:

Earl Howe moved Amendment No. 103:


Page 22, line 42, leave out ("registered").

On Question, amendment agreed to.

[Amendments Nos. 104 and 105 not moved.]

Clause 46, as amended, agreed to.

Clause 47 agreed to.

Clause 48 [Release from service]:

Earl Howe moved Amendment No. 106:


Page 24, line 25, leave out ("his services are no longer required by Her Majesty") and insert ("he is no longer required by Her Majesty to be in that service").

The noble Earl said: I have already spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 107 and 108:


Page 25, line 7, leave out ("current") and insert ("relevant").
Page 25, line 10, leave out ("his employer") and insert ("the employer whose consent was required for his entering into the agreement").

The noble Earl said: I have already spoken to these amendments. I beg to move.

On Question, amendments agreed to.

Clause 48, as amended, agreed to.

Clause 49 [Exercise of functions by authorised officers]:


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