House of Lords - Explanatory Note
Armed Forces Bill - continued          House of Lords

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Clause 37: Orders and regulations under Part 2

170. The clause deals with orders or regulations made by the Secretary of State under provisions of the Bill. (It does not apply to new powers to make subordinate legislation which are added by the Bill to the SDAs or other Acts). The clause provides for orders and regulations to be made by statutory instrument. They may include incidental, consequential or transitional provisions. These instruments will, in most cases, be subject to the negative resolution procedure. The two exceptions are certain orders under the power to provide for release from custody pending an appeal and under the broad order-making power relating to criminal justice enactments (in clause 33 of the Bill). Orders under these powers which amend primary legislation will be subject to affirmative resolution procedure. The clause also provides that any orders made jointly under section 41(5) by the Secretary of State and Scottish Ministers will be statutory instruments.

Clause 38: Application to Channel Islands, Isle of Man, etc.

171. This clause provides for an order making power to apply the various provisions in the Bill which are not being incorporated into the SDAs to the Channel Islands and the Isle of Man. The amendments being made to the SDAs will automatically apply to the Islands by virtue of their inclusion in the SDAs.

Clause 39: Interpretation

172. This clause defines the terms " the 1955 Acts " and "the 1957 Act" for the purposes of the Bill.

Clause 40: Repeals

173. This clause introduces Schedule 8 which lists all the provisions to be repealed by this Bill. Schedule 8 includes a number of repeals which are consequential on the abolition of naval disciplinary courts (Clause 18) and on the abolition of the death penalty (Schedule 7, Part 4).

Clause 41: Short title and commencement

174. This clause provides that in general the provisions of the Bill (except clauses 1, 37-39, 41, Parts 4 and 5 of Schedule 7 and Parts 4 to 6 of Schedule 8, which will come into force on Royal Assent) are to come into force on a day or days to be appointed by a commencement order by the Secretary of State. This commencement order may contain any transitional provisions thought necessary. The clause also provides for the repeal of section 1 of the Armed Forces Act 1996, which contains the current continuation provisions, to come into force on 1st September 2001. Some of the provisions of the Bill which relate to the Ministry of Defence Police will come into force as respects Scotland on a date to be appointed jointly by the Scottish Ministers and the Secretary of State.

EFFECTS OF THE BILL ON PUBLIC SECTOR FINANCES

175. The largely procedural changes in the Bill (including placing the inspection of the Ministry of Defence Police by Her Majesty's Inspectors of Constabulary on a statutory basis) will generally have little impact on expenditure. The implementation of Part 2 of the Bill will require some initial training effort, at a cost of approximately £75,000, and the acquisition of about £120,000 worth of video conferencing equipment for the conduct of search warrant applications. These costs, all falling in 2001/02, will be found from existing resources.

EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER

176. The Bill is not expected to lead to any increase or reduction in public sector manpower.

REGULATORY IMPACT ASSESSMENT

177. There will be no regulatory impact on businesses.

COMMENCEMENT DATE

178. The continuation provisions of the Bill will come into force on Royal Assent as will those other provisions listed in Clause 41(3). The date for the commencement of the remaining provisions of the Bill has yet to be determined.

EUROPEAN CONVENTION ON HUMAN RIGHTS

179. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before second reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The Baroness Symons of Vernham Dean, The Minister of State for Defence Procurement has made the following statement:

In my view the provisions of the Armed Forces Bill are compatible with the Convention rights.

TABLE OF EQUIVALENT SERVICE RANKS

Royal Navy

Royal Marines

Army

Royal Air Force

Admiral of the Fleet

 

Field Marshal

Marshal of the Royal Air Force

Admiral

General

General

Air Chief Marshal

Vice-Admiral

Lieutenant General

Lieutenant General

Air Marshal

Rear-Admiral

Major General

Major General

Air Vice-Marshal

Commodore

Brigadier

Brigadier

Air Commodore

Captain

Colonel

Colonel

Group Captain

Commander

Lieutenant Colonel

Lieutenant Colonel

Wing Commander

Lieutenant-Commander

Major

Major

Squadron Leader

Lieutenant

Captain

Captain

Flight Lieutenant

Sub-Lieutenant (but junior in rank to Army and Air Force ranks)

Lieutenant

Lieutenant

Flying Officer

Midshipman (but junior in rank to Army and Air Force ranks)

Second Lieutenant

Second Lieutenant

Pilot Officer Acting Pilot Officer (but junior in rank to Second Lieutenant)

Warrant Officer

Warrant Officer Class I

Warrant Officer Class I

Warrant Officer

Warrant Officer Class II (but junior to Naval and Air Force Warrant Officer )

Warrant Officer Class II (but junior to Naval and Air Force Warrant Officer )

Chief Petty Officer

Colour Sergeant

Staff Sergeant

Flight Sergeant Chief Technician

Petty Officer

Sergeant

Sergeant

Sergeant

Leading Rating (but junior to Army rank of Corporal)

Corporal

Corporal

Corporal

Lance Corporal

Lance Corporal

Able Rating

Ordinary Rating

Marine

Private

Junior Technician Senior Aircraftman/woman Leading Aircraftman/woman Aircraftman/Woman

 
 
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Prepared: 4 April 2001