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Amendments to the Armed Forces Discipline Bill [H.L.]

Armed Forces Discipline Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Armed Forces Discipline Bill [H.L.] to be moved in Committee in the House of Lords.

 The amendments have been marshalled in accordance with the instruction to be moved on 15th December 1999, as follows-- 
 Clauses 1 to 10
Schedule 1
Clauses 11 to 13
Schedule 2
Clauses 14 to 25
Schedule 3
Clauses 26 and 27
Schedule 4
Clause 28
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE LORD PEYTON OF YEOVIL
 
1     Insert the following new Clause-- 
 ("Consolidated text of Acts 
     . On the day on which this Act comes into force, the Secretary of State shall lay before Parliament a copy of the consolidated text of the following Acts--
    (a)  Army Act 1955,
    (b)  Air Force Act 1955, and
    (c)  Naval Discipline Act 1957.")
Consolidated text of Acts.
  
BY THE LORD BURNHAM
THE EARL ATTLEE
 
2     Insert the following new Clause-- 
 ("Active service exclusion 
     . Engagement under active service conditions on the part of a person to whom the provisions of this Act would otherwise apply shall constitute for the purposes of Article 15 of the European Convention on Human Rights 1951 and the Human Rights Act 1998 a state of public emergency in relation to that person.")Persons engaged under active service conditions.
  
Clause 1
 
  
BY THE LORD BURNHAM
THE EARL ATTLEE
 
3     Page 1, line 11, after ("except") insert--
    ("(a)  under active service conditions; or
    (b)")
 
4     Page 2, line 38, at end insert ("or
    (c)  that active service conditions preclude for the time being the conduct of the investigation,")
 
5     Page 2, line 42, leave out from beginning to end of line 9 on page 3 and insert--
    ("(a)  if given under paragraph (a) or (b) of that subsection shall expire 48 hours after it is given;
    (b)  if given under paragraph (c) of that subsection shall expire 48 hours after active service conditions cease to apply.")
 
6     Page 3, line 9, at end insert--
 
    ("(8)  In this Act "under active service conditions" means when the unit in which a person arrested under section 74 of this Act is serving is engaged in active operational duties.")
 
7     Page 6, line 15, after ("except") insert--
    ("(a)  under active service conditions; or
    (b)")
 
8     Page 7, line 19, at end insert ("or
    (c) that active service conditions preclude for the time being the conduct of the investigation,")
 
9     Page 7, leave out lines 23 to 37 and insert--
    ("(a)  if given under paragraph (a) or (b) of that subsection, shall expire 48 hours after it is given;
    (b)  if given under paragraph (c) of that subsection, shall expire 48 hours after active service conditions cease to apply.")
 
10     Page 7, line 37, at end insert--
 
    ("(8)  In this Act "under active service conditions" means when the unit in which a person arrested under section 74 of this Act is serving is engaged in active operational duties.")
 
11     Page 10, line 44, after ("except") insert--
    ("(a)  under active service conditions; or
    (b)")
 
12     Page 11, line 47, at end insert ("or
    (c) that active service conditions preclude for the time being the conduct of the investigation,")
 
13     Page 12, leave out lines 2 to 16 and insert--
    ("(a)  if given under paragraph (a) or (b) of that subsection, shall expire 48 hours after it is given;
    (b)  if given under paragraph (c) of that subsection, shall expire 48 hours after active service conditions cease to apply.")
 
14     Page 12, line 16, at end insert--
 
    ("(8)  In this Act "under active service conditions" means when the unit in which a person arrested under section 45 of this Act is serving is engaged in active operational duties.")
 
  
Clause 4
 
  
BY THE BARONESS SYMONS OF VERNHAM DEAN
 
15     Page 22, line 16, leave out from ("Act") to first ("section") in line 18 and insert ("at any time after the commencement of his trial by court-martial,") 
16     Page 22, line 21, leave out from beginning to ("in") in line 22 
17     Page 22, line 24, after ("accused,") insert ("references to a judicial officer") 
18     Page 22, leave out lines 26 and 27 
19     Page 22, line 32, leave out ("court-martial") and insert ("judicial officer") 
20     Page 22, leave out lines 44 and 45 
21     Page 23, line 4, leave out from ("Act") to first ("section") in line 6 and insert ("at any time after the commencement of his trial by court-martial,") 
22     Page 23, line 9, leave out from beginning to ("in") in line 10 
23     Page 23, line 12, after ("accused,") insert ("references to a judicial officer") 
24     Page 23, leave out lines 14 and 15 
25     Page 23, line 20, leave out ("court-martial") and insert ("judicial officer") 
26     Page 23, leave out lines 32 and 33 
27     Page 23, line 37, leave out from ("Act") to first ("section") in line 39 and insert ("at any time after the commencement of his trial by court-martial,") 
28     Page 23, line 42, leave out from beginning to ("in") in line 43 
29     Page 23, line 45, after ("accused,") insert ("references to a judicial officer") 
30     Page 24, leave out lines 1 and 2 
31     Page 24, line 7, leave out ("court-martial") and insert ("judicial officer") 
32     Page 24, leave out lines 19 and 20 
  
Clause 5
 
  
BY THE BARONESS SYMONS OF VERNHAM DEAN
 
33     Page 24, line 25, leave out (", judge advocate or court-martial") and insert ("or judge advocate") 
34     Page 24, line 35, leave out (", judge advocate or court-martial") and insert ("or judge advocate") 
35     Page 25, line 4, leave out (", judge advocate or court-martial") and insert ("or judge advocate") 
36     Page 25, line 14, leave out ("judge advocate or court-martial") and insert ("or judge advocate") 
37     Page 25, line 29, leave out (", judge advocate or court-martial") and insert ("or judge advocate") 
38     Page 25, line 39, leave out (", judge advocate or court-martial") and insert ("or judge advocate") 
  
Clause 6
 
  
BY THE BARONESS SYMONS OF VERNHAM DEAN
 
39     Page 26, line 10, after ("with") insert (", or is awaiting sentence for,") 
40     Page 26, leave out lines 15 to 20 and insert--
        ("(2)  Subject to subsection (3A) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial's finding on the charge or every charge against the accused.")
 
41     Page 26, leave out lines 22 to 24 and insert (", the judge advocate,") 
42     Page 26, line 26, leave out from ("direct") to end of line 27 and insert ("the arrest of the accused; and any person with power to arrest the accused for an offence against a provision of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection.") 
43     Page 26, line 27, at end insert--
        ("(3A)  Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved.")
 
44     Page 27, line 12, leave out ("or court-martial") 
45     Page 27, line 13, leave out ("ordered") and insert ("made") 
46     Page 27, line 13, leave out from ("before") to ("and") in line 14 and insert ("him),") 
47     Page 27, line 15, after ("with") insert ("by him") 
48     Page 27, line 21, after ("with") insert (", or is awaiting sentence for,") 
49     Page 27, leave out lines 26 to 31 and insert--
        ("(2)  Subject to subsection (3A) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial's finding on the charge or every charge against the accused.")
 
50     Page 27, leave out lines 33 to 35 and insert (", the judge advocate,") 
51     Page 27, line 37, leave out from ("direct") to end of line 38 and insert ("the arrest of the accused; and any person with power to arrest the accused for an offence against a provision of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection.") 
52     Page 27, line 38, at end insert--
        ("(3A)  Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved.")
 
53     Page 28, line 21, leave out ("or court-martial") 
54     Page 28, line 22, leave out ("ordered") and insert ("made") 
55     Page 28, line 22, leave out from ("before") to ("and") in line 23 and insert ("him),") 
56     Page 28, line 24, after ("with") insert ("by him") 
57     Page 28, line 30, after ("with") insert (", or is awaiting sentence for,") 
58     Page 28, leave out lines 35 to 40 and insert--
        ("(2)  Subject to subsection (3A) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial's finding on the charge or every charge against the accused.")
 
59     Page 28, leave out lines 42 to 44 and insert (", the judge advocate,") 
60     Page 28, line 46, leave out from ("direct") to end of line 47 and insert ("the arrest of the accused; and any person with power to arrest the accused for an offence under Part I of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection.") 
61     Page 28, line 47, at end insert--
        ("(3A)  Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved.")
 
62     Page 29, line 29, leave out ("or court-martial") 
63     Page 29, line 30, leave out ("ordered") and insert ("made") 
64     Page 29, line 30, leave out from ("before") to ("and") in line 31 and insert ("him),") 
65     Page 29, line 32, after ("with") insert ("by him") 
  
Clause 7
 
  
BY THE LORD BURNHAM
THE EARL ATTLEE
 
66     Page 29, line 36, leave out ("Judge Advocate General") and insert ("Lord Chancellor") 
  
BY THE LORD RENTON
 
67*     Page 29, line 42, leave out ("five") and insert ("ten") 
  
BY THE LORD BURNHAM
THE EARL ATTLEE
 
68     Page 30, line 3, leave out ("Chief Naval Judge Advocate") and insert ("Lord Chancellor") 
 
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Prepared 15 December 1999