Proposed amendments
107 amendments across 19 provisions
Clause 1 3
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Clause 2 3
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“Ability to conduct a fair trial
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“Ability to conduct a fair trial
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 3 6
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the quality and duration of relevant investigations.”
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the extent to which the active investigation into the relevant offence and any relevant previous investigation were carried out by an investigating authority in accordance with standards demonstrating fairness, thoroughness, independence and accountability to a person independent of any military command within the services.”
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Clause 4 1
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Clause 5 7
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Where the consent of the Attorney General is sought under subsection (2) or (3), the Attorney General must prepare a report containing his or her reasons for granting or withholding consent, as the case may be, with reference to sections 1 to 3 of this Act, and must lay a copy of this report before each House of Parliament.”
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Where the consent of the Attorney General, or the Advocate General for Northern Ireland, is sought under subsection (2) or (3), the Attorney General, or the Advocate General for Northern Ireland as the case may be, must—
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Where the consent of the Attorney General, or the Advocate General for Northern Ireland, is sought under subsection (2) or (3), the Attorney General, or the Advocate General for Northern Ireland as the case may be, must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Clause 6 6
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An offence is not a “relevant offence” if it amounts to—
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An offence is not a relevant offence if it amounts to—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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Regulations under subsection (6) may not remove offences listed in Schedule 1.”
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“Compliance with the Belfast Agreement 1998
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 7 5
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“Investigation of allegations related to overseas operations
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Investigation of serious crime related to overseas operations
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Time limit for commencing proceedings for minor offences
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 8 2
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Clause 9 1
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Clause 10 1
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Clause 11 7
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The rule referred to in this section does not apply before the courts of Northern Ireland.”
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the importance of the proceedings in securing the rights of the claimant.”
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The court may disapply the rule in subsection (1)(b) where it appears to the court that it would be equitable to do so having regard to the reasons for the delay, in particular whether the delay resulted from—
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of the manifestation of the harm resulting from that act which is the subject of the claim, and
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The rule referred to in section 7A is not to be construed in any manner that is non-compliant with the Belfast Agreement 1998.”
Clause 12 13
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“Access to legal aid for service personnel in criminal proceedings
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Restrictions on time limits: actions brought against the Crown by service personnel
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty of care to service personnel
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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No order may be made by the Secretary of State under section 14 following consideration under this section unless a draft of the order has been laid before, and approved by, each House of Parliament.”
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Whether or not the Secretary of State makes a derogation under Article 15(1) of the Convention, no claim shall be brought in the courts of England and Wales under this Act in relation to, or arising out of, such overseas operations.”
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“Limitation on reinvestigation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Restrictions on time limits: actions brought against the Crown by service personnel
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Access to legal aid for service personnel in criminal proceedings
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty of care to service personnel
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Liability for using novel technologies: review
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Exceptions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 13 2
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In particular, regulations may amend the Armed Forces Act 2006 for the purpose of consolidating the provisions of Part 1 and this section in that Act.”
Clause 14 3
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“Channel Islands, Isle of Man and British overseas territories
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 15 2
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Regulations under subsection (2) may not be made until a Minister of the Crown has published a report on progress made towards equal treatment of veterans of operations in Northern Ireland since 1969 and those who served overseas in respect of the matters covered by this Act.”
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Schedule 1 20
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An offence under section 134 of the Criminal Justice Act 1988 (torture).”
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an act of genocide under article 6,”
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a crime against humanity within article 7.1(a)-(k), or”
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a war crime within article 8.2(a) (which relates to grave breaches of the Geneva Conventions).”
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an act of genocide under article 6,”
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a crime against humanity within article 7.1(a)-(k), or”
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a war crime within article 8.2(a) (which relates to grave breaches of the Geneva Conventions).”
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an act of genocide under article 6,”
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a crime against humanity within article 7.1(a)-(k), or”
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a war crime within article 8.2(a) (which relates to grave breaches of the Geneva Conventions).”
Schedule 2 11
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The court may disapply the rule in subsection (1ZA) where it appears to the court that it would be equitable to do so having regard to the reasons for the delay, in particular whether the delay resulted from—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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The court may, however, disapply any provision of section 11 in its application to an overseas armed forces action even though the action was brought after the expiration of the period of six years from the section 11 relevant date if it appears to the court that it would be equitable to do so because the incident or incidents to which the action relates could reasonably have occurred in the United Kingdom and, if it or they had done so, the limit of six years would not apply.”
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The court may disapply the rules in subsections (2A) and (2B) where it appears to the court that it would be equitable to do so having regard to the reasons for the delay, in particular whether the delay resulted from—
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the court must also have particular regard to the importance of the proceedings in securing the rights of the claimant.”
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““the date of knowledge” means the date on which the person bringing the proceedings first knew, or first ought to have known—
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Schedule 3 6
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the importance of the proceedings in securing the rights of the claimant.”
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The court may disapply the rules in subsections (5) to (7) where it appears to the court that it would be equitable to do so having regard to the reasons for the delay, in particular whether the delay resulted from—
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““the date of knowledge” means the date on which the person bringing the proceedings first knew, or first ought to have known—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Schedule 4 8
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The court may disapply the rule in paragraph (1A) where it appears to the court that it would be equitable to do so having regard to the reasons for the delay, in particular whether the delay resulted from—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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the court must also have particular regard to the importance of the proceedings in securing the rights of the claimant.”
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““the date of knowledge” means the date on which the person bringing the proceedings first knew, or first ought to have known—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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After paragraph (9) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.