Previous Section Back to Table of Contents Lords Hansard Home Page


Earl Howe: I have already moved the amendment.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 173:


Page 43, line 20, leave out ("a service offence") and insert ("an offence under service law").

The noble Earl said: This is a minor drafting amendment which replaces the term "a service offence" with ones that are apparently more familiar to the services. I beg to move.

On Question, amendment agreed to.

Clause 75, as amended, agreed to.

Clause 76 [Power to exempt persons from or relax recall liability]:

Earl Howe moved Amendments Nos. 174 and 175:


Page 43, line 25, leave out from beginning to ("relaxing") in line 28 and insert ("The Defence Council may by regulations make provision--
(a) securing that, in such cases as may be prescribed, persons otherwise liable to be recalled are exempt from that liability; and
(b)")
Page 43, line 29, after ("liability") insert ("of any persons").

On Question, amendments agreed to.

Clause 76, as amended, agreed to.

Clause 77 [Exercise of functions by authorised officers]:

[Amendment No. 176 not moved.]

Earl Howe moved Amendments Nos. 177 to 180:


Page 43, line 32, leave out ("authorised").
Page 43, line 33, leave out ("authorised").

24 Jan 1996 : Column 28


Page 43, line 40, leave out ("authorised").
Page 43, line 41, leave out ("authorised").

The noble Earl said: I spoke to these amendments with Amendment No. 70. I beg to move.

On Question, amendments agreed to.

Clause 77, as amended, agreed to.

Clause 78 agreed to.

Clause 79 [Interpretation of Part VII]:

Earl Howe moved Amendments Nos. 181 to 183:


Page 44, line 31, at end insert--
(""man" means a person of either sex who is of or below the rank or rate of warrant officer;").
Page 44, line 31, at end insert--
(""prescribed" means prescribed in regulations made by the Defence Council;").
Page 44, line 36, at end insert--
("(2) Regulations made by the Defence Council under this Part may include incidental or supplementary provision and shall be laid before Parliament after being made.").

On Question, amendments agreed to.

Clause 79, as amended, agreed to.

Clause 80 [Individual exemptions etc. from call out]:

Earl Howe moved Amendment No. 184:


Page 45, line 20, leave out ("any other provision") and insert ("any provision of Part VI;
(f) if the original notice was served under Part VI and the person concerned has entered into a special agreement, an exemption from liability to be called out under Part IV.").

The noble Earl said: In moving this amendment, I should like to speak also to Amendments. Nos. 185 and 186. All these amendments ensure that the provision for regulations enabling individuals to seek deferral of or exemption from call-out before acceptance into service is provided for under the required parts of the Bill. These are technical amendments which ensure that the regulations may cover all the possible combinations of call-out and exemptions. Those added here are exemptions under Part IV if exempted or released from call-out under Part VI. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 185 and 186:


Page 45, line 32, leave out from ("the") to end of line 33 and insert ("same provision of Part VI as the order under which he is currently serving,").
Page 45, line 34, leave out from ("under") to end of line 35 and insert ("any provision of Part VI;
(e) if a determination is given that he is entitled to be released from service under Part VI and provision such as is mentioned in section 82(2)(db) applies in his case, an exemption from liability to be called out under Part IV.").

On Question, amendments agreed to.

Earl Howe moved Amendment No. 187:


Page 45, line 36, leave out subsection (5).

The noble Earl said: I spoke to this amendment with Amendment No. 54. I beg to move.

On Question, amendment agreed to.

Clause 80, as amended, agreed to.

24 Jan 1996 : Column 29

Clause 81 [Individual exemptions etc. from recall]:

Earl Howe moved Amendments Nos. 188 and 189:


Page 45, line 44, after ("to") insert ("release or").
Page 46, line 15, leave out from ("be") to end of line 16 and insert ("released from service or discharged").

The noble Earl said: I spoke to these amendments with Amendment No. 147. I beg to move.

On Question, amendments agreed to.

Clause 81, as amended, agreed to.

Clause 82 [Effect of exemptions etc.]:

5.15 p.m.

Earl Howe moved Amendment No. 190:


Page 46, line 41, leave out ("in relation to any") and insert ("for").

The noble Earl said: In moving this amendment I should like to speak also to Amendment No. 191.

Clause 82 defines the main scope of the exemption regulations. I believe that Amendments Nos. 190 and 191 to the clause are straightforward and should not present any difficulties.

Amendment No. 190 is a minor drafting amendment. Amendment No. 191 is more complicated, but again has been made to improve the clause. Its main effect is to permit an individual who is released or discharged after making an application under Clauses 80 or 81 to be treated for the purposes of Clause 31 as if he had never been accepted into the service. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 191:


Page 46, leave out lines 43 to 47 and insert ("to lapse as mentioned in paragraph (c);
(da) for persons released from service under Part IV in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(3) as if they had not been in that service and released;
(db) for persons released from service under Part VI in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(1)(d) as if they had not been in that service;").

On Question, amendment agreed to.

Clause 82, as amended, agreed to.

Clause 83 [Regulations under sections 80 and 81: supplementary]:

Earl Howe moved Amendment No. 192:


Page 47, line 38, leave out ("58(10)") and insert ("58(11)").

The noble Earl said: The amendment is a minor one and ensures that Clause 83 (3)(b)(i) has the correct cross-reference in order that its provisions can operate correctly. I beg to move.

On Question, amendment agreed to.

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.

24 Jan 1996 : Column 30

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.]:


Next Section Back to Table of Contents Lords Hansard Home Page