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(3) Any claim in respect of the contravention of a term of service modified or included, in relation to a woman’s service in any of the armed forces, by a term corresponding to an equality clause in a contract of employment (including a claim for arrears of pay or damages in respect of the contravention) may be presented by way of complaint to an industrial tribunal.
Any such contravention shall be regarded for the purposes of a claim under this subsection as if it were a breach of contract.
(4) Subsections (5) to (10) apply in relation to any claim by a woman (“the claimant”) arising from a contravention of a term of service referred to in subsection (3).
(5) No complaint in respect of the claim shall be presented to an industrial tribunal unless—
(a) the claimant has made a complaint to an officer under the service redress procedures applicable to her and has submitted that complaint to the Defence Council under those procedures; and
(b) the Defence Council have made a determination with respect to the complaint.
(6) Regulations made by the Secretary of State may make provision enabling a complaint in respect of the claim to be presented to an industrial tribunal in such circumstances as may be specified by the regulations, notwithstanding that subsection (5) would otherwise preclude its presentation.
(7) Where a complaint is presented to an industrial tribunal by virtue of regulations under subsection (6), the service redress procedures may continue after the complaint is presented.
(8) No complaint in respect of the claim shall be presented to an industrial tribunal if the period of service during which the claim arose ended more than nine months before the date of the presentation of the complaint to the tribunal.
(9) A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of pay or damages in respect of a time earlier than two years before the date on which her complaint under the service redress procedures was made.
(10) Section 2A shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an industrial tribunal under section 2(1).
(11) Regulations under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.
(12) In this section—
“armed forces” means the naval, military or air forces of the Crown; and
“the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the [1955 c. 18.] Army Act 1955, section 180 of the [1955 c. 19.] Air Force Act 1955 and section 130 of the [1957 c. 53.] Naval Discipline Act 1957.”
(1) Section 192 of the [1996 c. 18.] Employment Rights Act 1996 (application of Act to armed forces) shall be amended as follows.
(2) In subsection (4), for the words from “the person” to the end there shall be substituted the following words “—
(a) the person aggrieved has made a complaint to an officer under the service procedures for the redress of complaints applicable to him and has submitted that complaint to the Defence Council under those procedures; and
(b) the Defence Council have made a determination with respect to the complaint.”
(3) For subsection (5) there shall be substituted the following subsection—
“(5) Where modifications made by an Order in Council under subsection (3) include provision such as is mentioned in subsection (4), the Order in Council shall also include provision—
(a) enabling a complaint or reference to be made to an industrial tribunal in such circumstances as may be specified in the Order, notwithstanding that provision such as is mentioned in subsection (4) would otherwise preclude the making of the complaint or reference; and
(b) where a complaint or reference is made to an industrial tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the service procedures for the redress of complaints to continue after the complaint or reference is made.”
(4) In subsection (6), for the words “sections 180 and 181” in both places where those words occur there shall be substituted the words “section 180”.
(1) Article 10 of the [S.I. 1993/2668 (N.I. 11).] Industrial Relations (Northern Ireland) Order 1993 (application of Industrial Relations Orders to armed forces) shall be amended as follows.
(2) In paragraph (3), for the words from “the person” to the end there shall be substituted the following words “—
(a) the person aggrieved has made a complaint to an officer under the service procedures for the redress of complaints applicable to him and has submitted that complaint to the Defence Council under those procedures; and
(b) the Defence Council have made a determination with respect to the complaint.”
(3) For paragraph (4) there shall be substituted the following paragraph—
“(4) Where modifications made by an order under paragraph (2) include provision such as is mentioned in paragraph (3), the order shall also include provision—
(a) enabling a complaint or reference to be made to an industrial tribunal in such circumstances as may be specified in the order, notwithstanding that provision such as is mentioned in paragraph (3) would otherwise preclude the making of the complaint or reference; and
(b) where a complaint or reference is made to an industrial tribunal by virtue of provision such as is mentioned in paragraph (a), enabling the service procedures for the redress of complaints to continue after the complaint or reference is made.”
(4) In paragraph (7), for the words “sections 180 and 181” in both places where those words occur there shall be substituted the words “section 180”.
(1) In section 54 of the [1968 c. 27.] Firearms Act 1968 (application of Parts I and II to Crown servants), after subsection (3) there shall be added the following subsections—
“(4) For the purposes of this section and any rule of law whereby any provision of this Act does not bind the Crown, the persons specified in subsection (5) of this section shall be deemed to be in the naval, military or air service of Her Majesty, insofar as they are not otherwise in, or treated as being in, any such service.
(5) The persons referred to in subsection (4) of this section are the following—
(a) members of any foreign force when they are serving with any of the naval, military or air forces of Her Majesty;
(b) members of any cadet corps approved by the Secretary of State when—
(i) they are engaged as members of the corps in, or in connection with, drill or target practice; and
(ii) in the case of possession of prohibited weapons or prohibited ammunition when engaged in target practice, they are on service premises; and
(c) persons providing instruction to any members of a cadet corps who fall within paragraph (b).
(6) In subsection (5) of this section—
“foreign force” means any of the naval, military or air forces of a country other than the United Kingdom; and
“service premises” means premises, including any ship or aircraft, used for any purpose of any of the naval, military or air forces of Her Majesty.”
(2) After section 16 of the [1988 c. 45.] Firearms (Amendment) Act 1988 there shall be inserted the following section—
(1) A person under the supervision of a member of the armed forces may, without holding a certificate or obtaining the authority of the Secretary of State under section 5 of the principal Act, have in his possession a firearm and ammunition on service premises.
(2) Subsection (1) above does not apply to a person while engaged in providing security protection on service premises.
(3) In this section—
“armed forces” means any of the naval, military or air forces of Her Majesty; and
“service premises” means premises, including any ship or aircraft, used for any purpose of the armed forces.”
(1) In Article 57 of the [S.I. 1981/155 (N.I. 2).] Firearms (Northern Ireland) Order 1981 (application of Parts II and III to Crown servants), after paragraph (2) there shall be added the following paragraphs—
“(3) For the purposes of this Article, the persons specified in paragraph (4) shall be deemed to be in the naval, military or air service of the Crown, in so far as they are not otherwise in, or treated as being in, any such service.
(4) The persons referred to in paragraph (3) are the following—
(a) members of any foreign force when they are serving with any of the naval, military or air forces of the Crown;
(b) members of any cadet corps approved by the Secretary of State when—
(i) they are engaged as members of the corps in, or in connection with, drill or target practice; and
(ii) in the case of possession of prohibited weapons or prohibited ammunition when engaged in target practice, they are on service premises; and
(c) persons providing instruction to any members of a cadet corps who fall within sub-paragraph (b).
(5) In paragraph (4)—
“foreign force” means any of the naval, military or air forces of a country other than the United Kingdom; and
“service premises” means premises, including any ship or aircraft, used for any purpose of any of the naval, military or air forces of the Crown.”
(2) After Article 12 of that Order there shall be inserted the following Article—
(1) A person under the supervision of a member of the armed forces may, without holding a firearm certificate or obtaining the authority of the Secretary of State under Article 6, have in his possession a firearm and ammunition on service premises.
(2) Paragraph (1) does not apply to a person while engaged in providing security protection on service premises.
(3) In this Article—
“armed forces” means any of the naval, military or air forces of the Crown; and
“service premises” means premises, including any ship or aircraft, used for any purpose of the armed forces.”.
(1) This section applies to the following land vested in the Secretary of State and held by him in trust for Her Majesty for the exclusive benefit of Greenwich Hospital, that is to say—
(a) the site known as the Royal Naval College, including the premises known as the Trident Hall and the Trafalgar Quarters;
(b) the premises known as the Dreadnought Seamen’s Hospital;
(c) the premises known as the Devonport Nurses' Home.
(2) In the exercise of his functions under the Greenwich Hospital Acts 1865 to 1996 in relation to the land to which this section applies, the Secretary of State shall have regard to—
(a) the importance of preserving for the benefit of the nation the historic buildings and monuments on the land and of maintaining the architectural integrity of the Royal Naval College site;
(b) the desirability of securing reasonable public access to the land (and in particular to the historic buildings and monuments on the land); and
(c) the desirability of preventing any use of the land appearing to him to be out of keeping with its unique character and history.
(3) It shall be lawful for the Secretary of State to grant a lease of any of the land to which this section applies, with its appurtenances, to any person appearing to him to be suitable for a term not exceeding 150 years.
(4) Where any land to which this section applies is the subject of a lease granted under subsection (3), no sub-lease of any of the land may be granted, and no interest in the land may be assigned, except in accordance with subsection (5).
(5) Where any land to which this section applies is the subject of a lease granted under subsection (3), the Secretary of State may, for the purpose of enabling all or any of the land (with its appurtenances) to be occupied by a person appearing to him to be suitable—
(a) authorise the lessee to grant a sub-lease, or to assign the lease, to that person; or
(b) authorise a person to whom the lease has been assigned under this subsection to grant a sub-lease, or to assign the lease, to that person.
(6) Any lease or sub-lease under this section shall be granted, at a rent or rent-free, on such terms (including terms as to the granting of licences to occupy or otherwise use all or any of the land) as the Secretary of State thinks fit.
(7) Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (security of tenure for business tenants) shall not apply to any lease or sub-lease granted under this section.
(8) It shall be lawful for the Secretary of State to permit any of the land to which this section applies which is not the subject of a lease under subsection (3), with its appurtenances, to be occupied and used for the purposes of any government department or for any other purpose, at a rent or rent-free, and on such terms as the Secretary of State thinks fit.
(9) Any proceeds of, or income arising from, a lease granted by the Secretary of State under this section shall be held and applied for the benefit of Greenwich Hospital in accordance with the Greenwich Hospital Acts 1865 to 1996.
(10) Section 7 of the [1869 c. 44.] Greenwich Hospital Act 1869 shall cease to have effect.
(11) Nothing in this section shall be construed as preventing any of the land to which this section applies being used for any of the purposes of Greenwich Hospital.
(12) This section and the Greenwich Hospital Acts 1865 to 1990 may be cited together as the Greenwich Hospital Acts 1865 to 1996.
After section 31 of the [1983 c. 47.] National Heritage Act 1983 there shall be inserted the following section—
(1) The Secretary of State may out of money provided by Parliament make grants towards expenditure in connection with the repair or maintenance of—
(a) the land and buildings on the site known as the Royal Naval College; or
(b) any object of historical interest situated on that land or in those buildings.
(2) Grants under this section may be paid to such persons and on such conditions as the Secretary of State considers appropriate.”.
(1) After section 34 of the [1955 c. 18.] Army Act 1955 there shall be inserted the following section—
(1) Any person subject to military law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
(2) For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.”
(2) After section 34 of the [1955 c. 19.] Air Force Act 1955 there shall be inserted the following section—
(1) Any person subject to air-force law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
(2) For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.”
(3) After section 12 of the [1957 c. 53.] Naval Discipline Act 1957 there shall be inserted the following section—
(1) Any person subject to this Act who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
(2) For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.”
In section 1(2) of the [1952. c. 67.] Visiting Forces Act 1952 (countries which may be designated as countries to which the Act applies)—
(a) after the word “to” in the second place it appears there shall be inserted “(a)”; and
(b) for the word “to” in the third place it appears there shall be substituted the words “; or
(b) any other arrangements for defence co-operation,
to”.
In this Act—
“the 1955 Acts” means the [1955 c. 18.] Army Act 1955 and the Air Force Act 1955: and
“the 1957 Act” means the Naval Discipline Act 1957.
(1) The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the provisions of this Act).
(2) The enactments mentioned in Schedule 7 to this Act (which include some that are spent) are repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Armed Forces Act 1996.
(2) Subject to subsections (3) and (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
(3) Sections 1 and 34 shall come into force on the passing of this Act.
(4) The repeal by this Act of section 1 of the [1991 c. 62.] Armed Forces Act 1991 shall come into force on 1st September 1996.
(5) An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
(6) Section 216 of the [1955 c. 18.] Army Act 1955, section 214 of the [1955 c. 19.] Air Force Act 1955 and section 125 of the 1957 Act (application of those Acts to Channel Islands and Isle of Man) shall each apply in relation to the provisions of sections 6 and 11 of this Act as if those provisions were contained in the Army Act 1955, the Air Force Act 1955 or the 1957 Act, as the case may require.
Armed Forces Act 1996