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Earl Howe moved Amendment No. 193:


Page 47, line 44, after ("be") insert ("released or").

On Question, amendment agreed to.

Clause 83, as amended, agreed to.

[Amendment No. 194 not moved.]

Clause 84 agreed to.

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Clause 85 [Payments to individuals in respect of call out or recall]:

[Amendment No. 195 not moved.]

Clause 85 agreed to.

Clause 86 agreed to.

Clause 87 [Regulations under sections 85 and 86: supplementary]:

Earl Howe moved Amendment No. 196:


Page 50, line 11, leave out subsection (5) and insert--
("( ) The regulations may also make provision for claims by or in respect of--
(a) persons recalled under the Reserve Forces Act 1980, or
(b) officers recalled otherwise than under this Act,
corresponding to the provision which may be made for claims by or in respect of persons recalled under Part VII.").

The noble Earl said: This amendment restates the provision for those liable to be recalled under existing legislation but without mention of call-out. This is because recall will not be included in the new transitional schedule that I mentioned earlier. I beg to move.

On Question, amendment agreed to.

Clause 87, as amended, agreed to.

Clause 88 [Power to suspend payments due to national danger or great emergency]:

[Amendment No. 197 not moved.]

Earl Howe moved Amendment No. 198:


Page 50, leave out lines 36 and 37 and insert ("which shall be subject to annulment in pursuance of a resolution of either House of Parliament").

The noble Earl said: This amendment addresses concerns expressed to me privately by noble Lords that the process of suspending payments under Clause 88(4) is too ponderous.

The proposed amendment ensures that any order to suspend payments can take immediate effect. Reflecting the seriousness of such a decision, it continues to provide for Parliament to approve such a step under the negative resolution procedure. I beg to move.

On Question, amendment agreed to.

Clause 88, as amended, agreed to.

Clauses 89 to 93 agreed to.

Clause 94 [Membership of tribunals etc.]:

Earl Howe moved Amendment No. 199:


Page 52, line 34, leave out ("assessor") and insert ("officer").

The noble Earl said: This is a very minor drafting point. Clause 94(2) refers to "officer". The word "assessor" was introduced in error. I beg to move.

On Question, amendment agreed to.

Clause 94, as amended, agreed to.

Clause 95 [General power to make rules]:

[Amendments Nos. 200 and 201 not moved.]

Earl Howe moved Amendment No. 202:


Page 53, line 7, at beginning insert ("enabling or").

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The noble Earl said: This amendment avoids any suggestion that hearings of the Appeal Tribunal will usually be held in private. That option must have an appeal available. Evidence might have a security classification, be commercially sensitive or indeed be intensely private in nature. I beg to move.

On Question, amendment agreed to.

Clause 95, as amended, agreed to.

Clause 96 agreed to.

Clause 97 [Offences against orders and regulations under section 4]:

Earl Howe moved Amendment No. 203:


Page 53, line 40, leave out ("such orders or regulations") and insert ("orders or regulations under section 4").

The noble Earl said: In moving this amendment, I wish to speak also to Amendments Nos. 204, 205 and 206. These amendments do not in any way extend the scope of the offences provided in Clause 97. They simply close a possible loophole which might have arisen if the various elements of the offence had been provided for in separate orders or regulations. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 204 to 206:


Page 53, line 44, leave out ("such orders or regulations") and insert ("orders or regulations under section 4").
Page 54, line 2, leave out ("such orders or regulations") and insert ("orders or regulations under section 4").
Page 54, line 4, leave out ("such orders or regulations") and insert ("orders or regulations under section 4").

On Question, amendments agreed to.

Earl Howe moved Amendment No. 207:


Page 54, line 6, leave out ("and liable to be tried") and insert ("triable"). The noble Earl said: In moving this amendment, I shall speak also to Amendment No. 208. These are two minor amendments which save a few words in the Bill. They do not change the substance. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 208:


Page 54, line 10, leave out from ("punishment") to end of line 11 and insert ("provided for by service law;").

On Question, amendment agreed to.

Earl Howe moved Amendment No. 209:


Page 54, leave out lines 18 and 19.

The noble Earl said: In moving this amendment, I shall speak also to Amendment No. 238. These amendments simply move a proposition from Clause 97 to Clause 107. In Clause 107 it applies to offences under Clause 97 and also under other clauses. I beg to move.

On Question, amendment agreed to.

Clause 97, as amended, agreed to.

Clause 98 [Failure to attend for service, duty or training]:

[Amendment No. 210 not moved.]

Earl Howe moved Amendment No. 211:

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Page 54, line 36, leave out from ("himself") to ("or") in line 37 and insert ("to a person specified in the call-out notice or to any other authorised officer").

The noble Earl said: This amendment changes the wording of the offence in Clause 98 to match the wording used when call-out notices are defined; for example, in Clause 61(3). I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 212:


Page 54, line 42, at end insert--
("(1A) Subsection (1) applies to a person liable to recall as it applies to a member of a reserve force--
(a) with the substitution for references to a call-out notice of references to a recall notice; and
(b) as if paragraph (a) of that subsection referred to the time and place specified in the recall notice under section 73(3)(c).
(1B) An offence under this section is triable by court-martial or summarily by a civil court.").

The noble Earl said: Persons liable for recall under the Reserve Forces Act 1980 commit an offence if they fail to comply with a recall notice which is served on them; but the offence of failure to attend for service, etc. under Clause 98 of this Bill only applies to members of reserve forces. Persons liable to recall are not members of a reserve force. This amendment cures the omission by treating those served with a recall notice as if they were members of a reserve force served with a call-out notice. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 213:


Page 54, line 43, leave out subsections (2) to (5).

The noble Earl said: In speaking to Amendment No. 213 I shall speak also to Amendment No. 214. I shall not yet speak to Amendment No. 215. These two amendments make no substantive change to the Bill. They have two purposes: the first is to separate the offences in the new Clause 98(a) from those in the existing Clause 98 as amended. The second is to improve clarity. No substantive change is involved. I beg to move.

On Question, amendment agreed to.

Clause 98, as amended, agreed to.

Earl Howe moved Amendment No. 214:


After Clause 98, insert the following new clause--

Failure to attend for duty or training

.--(1) A member of a reserve force who has entered into a full time service commitment or an additional duties commitment and, without leave lawfully granted or reasonable excuse, fails to appear at the time and place at which he is required to attend--
(a) in the case of a full-time service commitment, to begin the period of full-time service contemplated by the commitment;
(b) in the case of an additional duties commitment, to begin a period of service under the commitment,
is guilty, according to the circumstances, of desertion or absence without leave.
(2) A member of a reserve force who--

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(a) is required to undergo a period of training in accordance with section 21, a special agreement or an employee agreement (or any other requirement applicable to special members), and
(b) fails, without leave lawfully granted or reasonable excuse, to appear at any time and place at which he is required to attend,
is guilty of absence without leave.
(3) An offence under this section is triable by court-martial or summarily by a civil court.").

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

On Question, amendment agreed to.

Clause 99 [Punishment etc. of offences of desertion or absence without leave]:


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