Moved by
Lord Wolfson of Tredegar
115: Clause 63, page 41, line 20, after “conviction” insert “by or”
Member’s explanatory statement
This amendment makes a minor drafting change.
116: Clause 63, page 41, line 24, at end insert “, including—
(i) in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, and
(ii) in the case of any other service disciplinary proceedings, a finding of guilt in those proceedings;”
Member’s explanatory statement
This amendment provides that “conviction”, in relation to service disciplinary proceedings, includes a finding of guilt and a finding in summary proceedings before an officer that a charge has been proved.
117: Clause 63, page 41, line 32, leave out from “offence” to “(except” in line 33
Member’s explanatory statement
This amendment and the Minister’s amendment at page 41, line 41 expand the definition of “service disciplinary proceedings” to include proceedings in respect of offences under previous armed forces legislation.
118: Clause 63, page 41, line 34, leave out “that Act” and insert “the Armed Forces Act 2006”
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 41, line 32.
119: Clause 63, page 41, line 41, at end insert—
““service offence” means—
(a) a service offence within the meaning of the Armed Forces Act 2006, or
(b) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);”
Member’s explanatory statement
See the explanatory statement for the Minister’s amendment at page 41, line 32.
120: Clause 63, page 42, line 1, leave out “80” and insert “82”
Member’s explanatory statement
This amendment corrects an incorrect cross-reference.