Speeches by Carns.

““(1) The Rehabilitation of Offenders Act 1974 is amended as follows.””

“This amendment is consequential on Amendment 37.”

“Amendment 36, page 49, line 10, leave out”

““to the Rehabilitation of Offenders Act 1974”.”

“This amendment is consequential on Amendment 37.”

“Amendment 37, page 50, line 2, at end insert—”

““(3) In Schedule 3 (protection for spent alternatives to prosecution: Scotland), after paragraph 7 insert—”

“7A “(1) Paragraph 4 does not apply in relation to any question asked by or on behalf of a person, in the course of their duties as a superior officer in relation to a member of His Majesty’s forces (“A”), where—”

“(a) the question is asked in connection with the taking of administrative action in relation to A, and”

“(b) A is informed at the time the question is asked that, by virtue of this paragraph, alternatives to prosecution that have become spent and ancillary circumstances are to be disclosed.”

“(2) Paragraph 5(1) does not apply in relation to any obligation to disclose an alternative to prosecution that has become spent, or any ancillary circumstances, imposed for purposes related to the taking of administrative action.”

“(3) Paragraph 5(2) does not apply in relation to the taking of administrative action in connection with an alternative to prosecution that has become spent or any ancillary circumstances.”

“(4) Sub-paragraphs (1) to (3) do not apply in relation to an alternative to prosecution given to a person at a time when they were not a member of His Majesty’s forces.”

“”

“(5) In this paragraph—”

“(a) “superior officer” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act, read together with section 377(3) of that Act);”

“(b) “administrative action” means action (other than service disciplinary proceedings) that—”

“(i) is taken by a superior officer acting under their powers of command in accordance with King’s Regulations, and”

“(ii) is taken for the purpose of rehabilitating, censoring or sanctioning another member of His Majesty’s forces of inferior rank in order to safeguard or restore the operational effectiveness and efficiency of those forces;”

“”