Office of Public Sector Information
SCHEDULE 16 continued
(3) In subsection (7), for “the service redress procedures” substitute “the service complaint procedures”.
(4) In subsection (12), for the definition of “the service redress procedures” substitute—
““service complaint” means a complaint under section 334 of the Armed Forces Act 2006;
“the service complaint procedures” means the procedures prescribed by regulations under that section.”
55 In section 7AB of that Act (“arrears date” for purposes of section 7A(9)(a) (proceedings in England and Wales))—
(a) in subsection (2), in paragraph (b) of the definitions of “concealment case” and “disability case”, for “complaint under the service redress procedures” substitute “service complaint”;
(b) in subsection (3) for “complaint under the service redress procedures” substitute “service complaint”;
(c) in subsection (5) for the words from “complaint” to the end substitute “service complaint having been made.”;
(d) in subsection (6) for “complaint under the service redress procedures” substitute “service complaint”.
56 In section 7AC of that Act (determination of “period” for purposes of section 7A(9)(b) (proceedings in Scotland))—
(a) in subsection (2) for “complaint under the service redress procedures” substitute “service complaint”;
(b) in subsection (4) for the words from “complaint” to the end substitute “service complaint having been made.”;
(c) in subsection (5) for “complaint under the service redress procedures” substitute “service complaint”.
57 (1) Section 6A of the Equal Pay Act (Northern Ireland) 1970 (service pay and conditions) is amended as follows.
(2) In subsection (5)—
(a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “a service complaint in respect of the claim”;
(b) in paragraph (b) for “complaint” substitute “service complaint”.
(3) In subsection (7), for “the service redress procedures” substitute “the service complaint procedures”.
(4) In subsection (12), for the definition of “the service redress procedures” substitute—
““service complaint” means a complaint under section 334 of the Armed Forces Act 2006;
“the service complaint procedures” means the procedures prescribed by regulations under that section.”
58 In section 6AB of that Act (“arrears date” in proceedings under section 6A(9))—
(a) in subsection (2), in paragraph (b) of the definitions of “concealment case” and “disability case”, for “complaint under the service redress procedures” substitute “service complaint”;
(b) in subsection (3) for “complaint under the service redress procedures” substitute “service complaint”;
(c) in subsection (5) for the words from “complaint” to the end substitute “service complaint having been made.”;
(d) in subsection (6) for “complaint under the service redress procedures” substitute “service complaint”.
59 (1) Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as evidence in civil proceedings) is amended as follows.
(2) In subsection (1) for “by a court-martial there or elsewhere” substitute “of a service offence (anywhere)”.
(3) In subsection (2) for “by a court-martial there or elsewhere” substitute “of a service offence”.
(4) In subsection (5) after paragraph (b) insert—
“(bb) section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);”.
(5) For subsection (6) substitute—
“(7) In this section—
“service offence” has the same meaning as in the Armed Forces Act 2006;
“conviction” includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction, and “convicted” is to be read accordingly.”
60 In section 9 of that Act (conclusiveness of convictions for purposes of defamation actions)—
(a) in subsection (3) for “by a court-martial there or elsewhere” substitute “(in the case of a service offence) a conviction (anywhere) of that service offence”;
(b) in subsection (4) for “(6)” substitute “(7)”.
61 In section 14 of that Act (general interpretation etc)—
(a) in subsection (2), in the definition of “court” for “court-martial” substitute “service court”;
(b) after that subsection insert—
“(2A) In subsection (2) “service court” means the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.”
62 In Schedule 1 to the Juries Act 1974 (persons disqualified from jury service, etc)—
(a) in paragraph 7(c) after “Channel Islands” insert “or a service community order or overseas community order under the Armed Forces Act 2006”;
(b) in paragraph 8(a) for “by a court-martial” substitute “(anywhere) in respect of a service offence within the meaning of the Armed Forces Act 2006”.
63 In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), in subsection (4) after “2000” insert “or section 187 of the Armed Forces Act 2006”.
64 In section 2 of that Act (rehabilitation of persons dealt with in service disciplinary proceedings)—
(a) in subsection (5) after “any of the following—” insert—
“(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);”;
(b) after that subsection add—
“(6) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and “sentence” in relation to summary hearings and the SAC) apply for the purposes of this Act as they apply for the purposes of that Act.”
65 (1) Section 5 of that Act (rehabilitation periods for particular sentences) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (d)—
(i) after “Powers of Criminal Courts (Sentencing) Act 2000,” insert “or under section 209 or 218 of the Armed Forces Act 2006,”;
(ii) after “said Act of 2000” insert “or section 209 of the said Act of 2006”;
(iii) omit “or a corresponding court-martial punishment”;
(b) in paragraph (f), at the end insert “(including any sentence within this paragraph passed as a result of any of sections 219 to 222 of the Armed Forces Act 2006)”.
(3) For subsection (1A) substitute—
“(1A) In subsection (1)(d)—
(a) references to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;
(b) the reference to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.”
(4) In subsection (2)—
(a) in Table A, in the fifth entry for “Any sentence of detention” substitute “Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence,”;
(b) in Table B—
(i) in the fourth entry, after “2000” insert “or under section 209 of the Armed Forces Act 2006”;
(ii) in the fifth entry, for “either of those provisions” substitute “any provision mentioned in the fourth entry in this Table”.
(5) Before subsection (3) insert—
“(2A) Table B applies in relation to a sentence under section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 as it applies in relation to one under section 209 of the Armed Forces Act 2006.”
(6) In subsection (4A) after “2003” insert “or a service community order or overseas community order under the Armed Forces Act 2006”.
(7) In subsection (6A) after “2000” insert “, or an order under section 211 of the Armed Forces Act 2006 was made”.
(8) In subsection (9)(b) after “2000” insert “or section 209 of the Armed Forces Act 2006”.
66 In the Schedule to that Act (service disciplinary convictions referred to in section 6(6)(bb)), after paragraph 6 add—
7 Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.”
67 In section 1 of the House of Commons Disqualification Act 1975 (disqualification of holders of certain offices)—
(a) in subsection (1)(c) omit “or the Ulster Defence Regiment”;
(b) in subsection (3), in the definition of “regular armed forces of the Crown”, for the words from “the regular forces” to the end substitute “the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.”
68 In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for “Judge of the Courts-Martial Appeal Court.” substitute “Judge of the Court Martial Appeal Court.”
69 In section 1 of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders of certain offices)—
(a) in subsection (1)(c) omit the words from “or” to the end;
(b) in subsection (2), in the definition of “regular armed forces of the Crown”, for the words from “the regular forces” to the end substitute “the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.”
70 In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for “Judge of the Courts-Martial Appeal Court.” substitute “Judge of the Court Martial Appeal Court.”
71 (1) Section 85 of the Sex Discrimination Act 1975 (application to Crown etc) is amended as follows.
(2) In subsection (9B)—
(a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “a service complaint in respect of the act complained of”;
(b) in paragraph (b) for “complaint” substitute “service complaint”.
(3) In subsection (9D) for “the service redress procedures” substitute “the service complaint procedures”.
(4) In subsection (10) for the definition of “the service redress procedures” substitute—
““service complaint” means a complaint under section 334 of the Armed Forces Act 2006;
“the service complaint procedures” means the procedures prescribed by regulations under that section;”.
72 In section 1(4) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (investigation of death and application for public inquiry)—
(a) after paragraph (b) insert—
“(ba) he is detained in, or is subject to detention in, service custody premises (within the meaning of section 300 of the Armed Forces Act 2006);”;
(b) in paragraph (c)(i) for “and (b)” substitute “, (b) and (ba)”.
73 In section 2(2) of the Bail Act 1976 (definitions), for the definition of “Courts-Martial Appeal rules” substitute—
“Court Martial Appeal Rules” means rules made under section 49 of the Court Martial Appeals Act 1968,”.
74 In section 5(10) of that Act (meaning of “prescribed” for purposes of section 5), for “Courts-Martial Appeal rules” substitute “Court Martial Appeal Rules”.
75 In section 6(9)(c)(v) of that Act (meaning of the “appropriate officer” of the court), for “Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”.
76 In section 8(4) of that Act (persons before whom recognizance may be entered into)—
(a) in paragraph (d)—
(i) for “Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”;
(ii) for “Courts-Martial Appeal rules” substitute “Court Martial Appeal Rules”;
(b) in the words after paragraph (d) for “Courts-Martial Appeal rules” substitute “Court Martial Appeal Rules”.
77 In section 13(3) of that Act (application of Act), for “Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”.
78 In Schedule 1 to that Act (persons entitled to bail: supplementary provisions)—
(a) in paragraph 4 of each of Parts 1 and 2, for the words from “the sentence” to the end substitute “a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.”; and
(b) in paragraph 4 of Part 3 omit the definition of “the Services Acts”.
79 In section 57(4B) of the Race Relations Act 1976 (claims under Part 3), in the words after the definition of “public investigator functions”, for the words from “any offence” to “1957” substitute “any service offence within the meaning of the Armed Forces Act 2006”.
80 (1) Section 75 of that Act (application to Crown etc) is amended as follows.
(2) In subsection (9)—
(a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “a service complaint in respect of the act complained of”;
(b) in paragraph (b) for “complaint” substitute “service complaint”.
(3) In subsection (9B) for “the service redress procedures” substitute “the service complaint procedures”.
(4) In subsection (10), for paragraph (ab) substitute—
“(ac) “service complaint” means a complaint under section 334 of the Armed Forces Act 2006;
(ad) “the service complaint procedures” means the procedures prescribed by regulations under that section;”.
81 In section 78(1) of that Act (general interpretation provisions), for the definition of “criminal proceedings” substitute—
““criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);”.
82 (1) Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (application to Crown etc) is amended as follows.
(2) In paragraph (9B)—
(a) in sub-paragraph (a) for the words from “a complaint” to “those procedures” substitute “a service complaint in respect of the act complained of”;
(b) in sub-paragraph (b) for “complaint” substitute “service complaint”.
(3) In paragraph (9D) for “the service redress procedures” substitute “the service complaint procedures”.
(4) In paragraph (10) for the definition of “the service redress procedures” substitute—
““service complaint” means a complaint under section 334 of the Armed Forces Act 2006;
“the service complaint procedures” means the procedures prescribed by regulations under that section;”.
83 In section 44 of the Judicature (Northern Ireland) Act 1978 (appeals in cases of contempt of court)—
(a) in subsection (2)(b) for “Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”;
(b) in subsection (5) after paragraph (c) insert—
“(d) to an order or decision of the Court Martial or the Summary Appeal Court under section 309 of the Armed Forces Act 2006;”.
84 In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (interpretation), in paragraph (2), in the definition of “service disciplinary proceedings”, after “any of the following—” insert—
“(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);”.
85 In Article 4 of that Order (rehabilitation of persons dealt with in service disciplinary proceedings), after paragraph (1) insert—
“(1A) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and “sentence” in relation to summary hearings and the SAC) apply for the purposes of this Order as they apply for the purposes of that Act.”
86 (1) Article 6 of that Order (rehabilitation periods for particular sentences) is amended as follows.
(2) In paragraph (1)—
(a) in sub-paragraph (c) omit the “and” at the end;
(b) in sub-paragraph (d) omit “or a corresponding court-martial punishment”;
(c) after that sub-paragraph insert—
“(e) a sentence of detention for life, or for a term exceeding thirty months, passed under section 209 of the Armed Forces Act 2006;
(f) a sentence of detention during Her Majesty’s pleasure under section 218 of that Act; and
(g) any of the following passed as a result of any of sections 219 to 222 of that Act—
(i) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003;
(ii) a sentence of detention for public protection under section 226 of that Act;
(iii) an extended sentence under section 227 or 228 of that Act;”.
(3) In paragraph (2)—
(a) in Table A, in the fifth entry for “Any sentence of detention” substitute “Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence,”;
(b) in Table B—
(i) in the fourth entry, after “1998” insert “or under section 209 of the Armed Forces Act 2006”;
(ii) in the fifth entry, after “Article 45” insert “or that section 209”.
(4) After paragraph (4) insert—
“(4A) Where in respect of a conviction an order under section 211 of the Armed Forces Act 2006 (detention and training order) was made, the rehabilitation period applicable to the sentence shall be—
(a) in the case of a person aged 15 or over on conviction, five years if the order was for a term exceeding six months, or three and a half years if it was for six months or less;
(b) in the case of a person aged under 15 on conviction, a period beginning with the date of conviction and ending one year after the date on which the order ceases to have effect.
(4B) Where in respect of a conviction a service community order under the Armed Forces Act 2006 or an overseas community order under that Act was made, the rehabilitation period applicable to the sentence shall be—
(a) in the case of a person aged 18 or over on conviction, 5 years from the date of conviction;
(b) in the case of a person aged under 18 on conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the order ceases to have effect, whichever is the longer.”
(5) In paragraph (9)—
(a) omit sub-paragraph (a);
(b) in sub-paragraph (c) after “1998” insert “or section 209 of the Armed Forces Act 2006”.
(6) After paragraph (9) insert—
“(9A) In this Article—
(a) references in paragraphs (1) and (2) to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;
(b) the reference in paragraph (1) to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.”
87 In the Schedule to that Order (service disciplinary convictions referred to in Article 7(6)(bb)), after paragraph 6 add—
7 Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.”
88 In section 19(5) of the Magistrates' Courts Act 1980 (decision as to allocation), for paragraph (b) substitute—
“(b) a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).”
89 In section 125D(3) of that Act (execution by person not in possession of warrant), for paragraph (b) substitute—
“(b) a warrant under section 313, 314 or 317 of the Armed Forces Act 2006;”.
90 In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to qualifications for PSV operator’s licence), in paragraph 1—
(a) in sub-paragraph (6) after “1978” insert “or a service community order or overseas community order under the Armed Forces Act 2006”;
(b) in sub-paragraph (7) for the words from “a civil offence” to the end substitute “an offence under section 42 of the Armed Forces Act 2006.”
91 In section 19 of the Contempt of Court Act 1981 (interpretation), for “Courts-Martial Appeal Court”, in both places, substitute “Court Martial Appeal Court”.
92 In Schedule 1 to that Act (times when proceedings are active for purposes of section 2), after paragraph 1 insert—
“1A In paragraph 1 the reference to an offence includes a service offence within the meaning of the Armed Forces Act 2006.”
93 In section 29 of the Senior Courts Act 1981 (mandatory, prohibiting and quashing orders), for subsection (3A) substitute—
“(3A) The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing orders in relation to the jurisdiction of the Court Martial in matters relating to—
(a) trial by the Court Martial for an offence; or
(b) appeals from the Service Civilian Court.”
94 (1) Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is amended as follows.
(2) In subsection (1) at the end of paragraph (b) add “or
(c) imprisonment to which they were sentenced for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is—
(i) an excluded offence;
(ii) an attempt to commit an excluded offence;
(iii) conspiracy to commit an excluded offence; or
(iv) aiding or abetting, counselling, procuring or inciting the commission of an excluded offence,”.
(3) After that subsection insert—
“(1A) The reference in subsection (1)(a) to sentences of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 and to extended sentences under 227 of that Act includes such sentences passed as a result of section 219 or 220 of the Armed Forces Act 2006.”
(4) After subsection (2) insert—
“(2A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (1)(c)(ii) to (iv).”.
(5) In subsection (3)(b) after “(iv)” insert “or (1)(c)”.
95 In section 3(2)(a) of the Representation of the People Act 1983 (disenfranchisement of offenders in prison etc), for the words from “court-martial” to “1976” substitute “court of a service offence within the meaning of the Armed Forces Act 2006”.
96 In section 3A of that Act (disenfranchisement of offenders detained in mental hospitals), for subsection (5) substitute—
“(5) The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).”
97 (1) Section 47 of the Mental Health Act 1983 (removal to hospital of prisoners etc) is amended as follows.
(2) In subsection (5)(a)—
(a) after “proceedings” insert “or service disciplinary proceedings”;
(b) after “trial” insert “or a sentence of service detention within the meaning of the Armed Forces Act 2006”.
(3) After subsection (5) add—
“(6) In subsection (5)(a) “service disciplinary proceedings” means proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006.”
98 In section 1 of the Repatriation of Prisoners Act 1984 (warrants for transfer of prisoners etc into or out of UK), after subsection (7) insert—
“(7A) In subsection (7)(a) the reference to an order made by a court or tribunal in the United Kingdom in the course of the exercise of its criminal jurisdiction includes an order made (anywhere) by—
(a) the Court Martial;
(b) the Service Civilian Court;
(c) the Court Martial Appeal Court; or
(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.”
99 In section 154(2) of the Inheritance Tax Act 1984 (death on active service etc), for the words from “(not being a member” to “any body of those forces” substitute “a civilian subject to service discipline within the meaning of the Armed Forces Act 2006”.
100 In section 63A(1B) of the Police and Criminal Evidence Act 1984 (fingerprints and samples: supplementary provisions)—
(a) in paragraph (h) for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;
(b) omit paragraph (k).
101 In section 67 of that Act (codes of practice: supplementary), for subsection (12) substitute—
“(12) In subsection (11) “criminal proceedings” includes service proceedings.
(13) In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”
102 (1) Section 72 of that Act (provision supplementary to Part 7 (documentary evidence in criminal proceedings)) is amended as follows.
(2) In subsection (1), in the definition of “proceedings”, for paragraphs (a) to (c) substitute “service proceedings.”
(3) After that subsection insert—
Armed Forces Act 2006