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Page 57, line 42, leave out from ("under") to ("committed") in line 43 and insert ("service law (other than an offence of desertion or absence without leave)").

The noble Earl said: With leave of the Committee I shall speak to this amendment on its own. It is a small technical change to avoid any overlap between Clause 106 and Clause 99 as amended. I beg to move.

On Question, amendment agreed to.

Clause 106, as amended, agreed to.

Clause 107 [Offences triable by court-martial or civil court]:

Earl Howe moved Amendment No. 236:


Page 58, line 3, after ("court-martial") insert ("(or by an officer having power to deal summarily with the case)").

The noble Earl said: I shall also speak to Amendment No. 237. Amendment No. 236 is a minor drafting amendment, as is the other. It draws the effect of subsection (2) into subsection (1) and clarifies the implications at the same time. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 237 and 238:


Page 58, line 4, leave out subsection (2).
Page 58, line 6, at end insert--
("( ) It is immaterial, for the purposes of any provision of this Part making an offence triable by court-martial, whether the person concerned is otherwise subject to service law.").

On Question, amendments agreed to.

Clause 107, as amended, agreed to.

Clause 108 [Time for institution of proceedings]:

Earl Howe moved Amendment No. 239:


Page 58, line 11, leave out ("punishable under this Part") and insert ("under this Act or under service law").

The noble Earl said: This is a minor technical change which allows for two points. First, there are offences not just in Part X but also, for example, in Part VIII, to which Clause 108 should apply. Secondly, it makes explicit the previous implication that Clause 108 applies to offences under service law. I beg to move.

On Question, amendment agreed to.

Clause 108, as amended, agreed to.

Clause 109 [Evidence]:

Earl Howe moved Amendment No. 240:


Page 58, line 26, leave out ("Part") and insert ("Act").

The noble Earl said: This amendment extends the proposition about evidence in Clause 109(3) to documents covered by all of the Bill instead of just Part X of the Bill. I beg to move.

24 Jan 1996 : Column 38

On Question, amendment agreed to.

Clause 109, as amended, agreed to.

Clauses 110 to 112 agreed to.

Clause 113 [General duties of associations]:

Earl Howe moved Amendment No. 241:


Page 59, line 31, leave out ("military") and insert ("land").

The noble Earl said: This is a minor drafting amendment. The associations provide no real support to the Royal Navy and Royal Marines, hence the need to refer to land and air forces. Some support is provided to the reserve naval and marine forces and paragraph (b) provides for this. I beg to move.

On Question, amendment agreed to.

Clause 113, as amended, agreed to.

Clause 114 [Powers and duties assignable to associations]:

Earl Howe moved Amendment No. 242:


Page 60, line 22, after ("or") insert ("on duty or when").

The noble Earl said: Clause 114(2) describes the powers and duties which may be transferred to the TAVRAs and goes on to list these. This amendment revises the ambit of paragraph (a) which provides for the organisation of units of the Territorial Army and Royal Auxiliary Air Force. The amendment revises paragraph (a) so that it provides that the associations shall not be responsible for the organisation of units when on duty as well as when training or in permanent service, which is already provided under paragraph (a). I beg to move.

On Question, amendment agreed to.

Clause 114, as amended, agreed to.

Clauses 115 to 117 agreed to.

Clause 118 [Regulations as to associations]:

[Amendments No. 243 and 244 not moved.]

Clause 118 agreed to.

Clause 119 agreed to.

Clauses 120, 121 and 122 agreed to.

Clause 123 [Safeguard of employment for members of reserve forces]:

[Amendment No. 245 not moved.]

Clause 123 agreed to.

Clauses 124 and 125 agreed to.

Clause 126 [Absence for voting]:

[Amendment No. 246 not moved.]

Clause 126 agreed to.

Clause 127 agreed to.

Clause 128 [Interpretation]:

Earl Howe moved Amendments Nos. 247 and 248:


Page 65, line 16, after (""man"") insert ("(except in Part VII)").
Page 65, line 18, after ("means") insert ("(except in Part VII)").

The noble Earl said: I have already spoken to Amendments Nos. 247 and 248. I beg to move.

On Question, amendments agreed to.

Earl Howe moved Amendment No. 249:

24 Jan 1996 : Column 39


Page 65, line 22, at end insert ("(but does not include the Royal Marines)").

The noble Earl said: This minor amendment corrects the definition of "regular army". The Army Act deals with the regular forces, which are the regular army and the Royal Marines. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 250:


Page 65, line 30, at end insert--
(""special member" means a member of a reserve force who is, by virtue of Part V, a special member of that force;").

The noble Earl said: Amendment No. 250 adds a definition of a term used in the Bill. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 251:


Page 65, line 30, at end insert--
(""term of compulsory service" has the meaning given by section 14(5);").

The noble Earl said: I spoke to this with Amendment No. 32. I beg to move.

On Question, amendment agreed to.

Clause 128, as amended, agreed to.

Clause 129 agreed to.

On Question, Whether Clause 130 shall stand part of the Bill?

Earl Howe: The Committee will recall the remarks which accompanied my coverage of Clause 21 and will realise that this Clause is now unnecessary.

Clause 130 negatived.

Clauses 131 to 133 agreed to.

Schedule 1[Enlistment]:

Earl Howe moved Amendment No. 252:


Page 68, leave out lines 16 to 25 and insert ("by a person with--
(a) parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for the person offering to enlist; or
(b) parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to that person.").

The noble Earl said: This amendment replaces a long description of the person who should give consent to the enlistment of a person under the specified minimum age, with something much shorter. The new words rest on the Children Act 1989, and the equivalent provisions in Scotland and Northern Ireland. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 253:


Page 69, line 10, leave out from ("3") to the end of line 11.

The noble Earl said: In moving this amendment I shall speak also to Amendment No. 258. These two amendments remove references to the receipt of pay by certain reservists, affecting their enlistment status. They were carried forward from the 1980 Act, but on reflection that seems anomalous. I beg to move.

On Question, amendment agreed to.

24 Jan 1996 : Column 40

[Amendment No. 254 not moved.]

Earl Howe moved Amendment No. 255:


Page 69, line 36, leave out from beginning to second ("the") and insert ("If no claim under sub-paragraph (3) or (4) is made within 3 months from the date on which he signed the declaration,").

The noble Earl said: With the leave of the Committee I shall also speak to Amendments Nos. 256 and 257. These amendments improve the slightly archaic wording of Schedule 1(4)(6), which was derived from the Reserve Forces Act 1980. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendments Nos. 256, 257 and 258:


Page 69, line 37, leave out from ("deemed") to ("to").
Page 69, line 40, leave out ("in pursuance of") and insert ("under").
Page 69, leave out lines 42 to 47.

On Question, amendments agreed to.

Earl Howe moved Amendment No. 259:


Page 70, line 3, after ("knowingly") insert ("or recklessly").

The noble Earl said: This small amendment makes the Schedule 5 offence consistent with others in the Bill and with usual practice. I beg to move.

On Question, amendment agreed to.

Earl Howe moved Amendment No. 260:


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