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by Munro Research

Armed Forces Act 2016


Official Summary

A Bill to continue the Armed Forces Act 2006; to make provision about service discipline; to make provision about war pensions committees established under section 25 of the Social Security Act 1989; to make provision about Ministry of Defence fire-fighters; and for connected purposes.

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Overview

This bill amends the Armed Forces Bill by placing restrictions on the power of the government to make regulations concerning court martial appeals. It requires that certain regulations must be approved by both Houses of Parliament before they can take effect.

Description

The amendments affect Clauses 10 and 11 of the Armed Forces Bill. Specifically, it modifies the ability to create regulations mirroring powers found in sections 31A, 33, 33A, 46A, and 47 of the Court Martial Appeals Act 1968.

Key Changes:

  • Regulations under clauses 10 and 11 cannot replicate provisions from the specified sections of the Court Martial Appeals Act 1968.
  • If regulations do mirror powers from the Court Martial Appeals Act 1968, they must be subject to parliamentary approval via a resolution from both the House of Commons and the House of Lords before they can be enacted.

Government Spending

The bill itself does not directly specify changes to government spending. The impact on spending will depend on the nature of any future regulations made under the amended clauses.

Groups Affected

The bill primarily affects:

  • The Ministry of Defence (MoD): Their ability to create certain regulations concerning court martial appeals will be constrained.
  • Members of the Armed Forces: Any future regulations made under the amended clauses will directly or indirectly affect their rights and procedures regarding appeals of court martial decisions.
  • Parliament: Parliament gains greater oversight and control over the making of these regulations.
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