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S. 1 repealed by Armed Forces Act 1976 (c. 52, SIF 7:1), ss. 1(5), 22(6), Sch. 10 Ss. 2-25 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059) S. 26 repealed (31.1.1997) by 1995 c. 38, s. 15(2), Sch. 2 (with ss. 6(4)(5), 14); S.I. 1996/3217, art. 2 Ss. 27-48 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059) S. 49(1)(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Ss. 50-68 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 69(1)(2) repealed by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 10 Pt. II Ss. 70-72 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 73(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 74 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 76 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 77(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 1 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 2 para. 1(2)-(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 2 para. 1(6) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 8 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h) Sch. 2 para. 1(8) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) Sch. 2 para. 2 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 2 para. 3 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 3 para. 4 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 3 para. 5 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 3 para. 6 repealed by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 10 Pt. II Sch. 3 para. 7 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1 The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 26, 33, 54, 67(3), 76, Schs. 1, 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1898 c. 36. 1968 c. 20. 1957 c. 53. 1957 c. 53. 1957 c. 53. 1968 c. 20. 1865 c. 73. 1865 c. 89. 1865 c. 111 An Act to continue the Army Act 1955 and the Air Force Act 1955, to limit the duration of the Naval Discipline Act 1957, and to amend those Acts and other enactments relating to the armed forces.
The Army Act 1955 and the Air Force Act 1955 shall, instead of expiring at the end of the year 1971, continue in force until the end of the year 1972, and shall then expire unless continued in force in accordance with the following provisions of this section.
The Naval Discipline Act 1957 shall also expire at the end of the year 1972 unless continued in force in accordance with those provisions.
Subject to subsection (4) below, Her Majesty may from time to time by Order in Council provide for any of the said Acts to continue in force for a period of twelve months beyond the day on which it would otherwise expire.
No Order in Council shall be made under subsection (3) above so as to continue any of the said Acts beyond the end of the year 1976.
No recommendation shall be made to Her Majesty in Council to make an order under subsection (3) above unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament.
Section 1 of the Armed Forces Act 1966 shall be repealed at the end of the year 1971.
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The following provisions shall be substituted for sections 24 to 28 of the Army Act 1955:—.
The provisions set out in subsection (1) above shall also be substituted for sections 24 to 28 of the Air Force Act 1955, but modified for that purpose by the substitution throughout of " air-force service " for " military service " and " air-force law " for " military law ".
The said provisions shall also be substituted for sections 2 to 5 of the Naval Discipline Act 1957, being numbered respectively as sections 2, 3 and 4 of that Act, and being modified for that purpose—
by the substitution throughout of " naval service " for " military service ", of " person subject to this Act ", for " person subject to military law ", and of " punishment authorised by this Act" for " punishment provided by this Act ", and
by the omission of subsection (4) of the first of those provisions, and the omission throughout of " on conviction by court-martial".
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The following provisions shall be inserted in the Army Act 1955 as sections 27 and 28:—.
The provisions set out in subsection (1) above shall also be inserted in the Air Force Act 1955 as sections 27 and 28, but modified for that purpose by the substitution throughout of " air-force law " for " military law ".
Sections 23 and 24 of the Naval Discipline Act 1957 (under which prize offences are punishable by dismissal with disgrace or any less authorised punishment) shall each be amended by substituting the words " imprisonment for a term not exceeding two years " for the words " dismissal with disgrace from Her Majesty's service ".
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The following provision shall be substituted for section 29 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 29 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
The said provision shall also be substituted for section 6 of the Naval Discipline Act 1957 (including the cross-heading preceding that section), being numbered as section 6 of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law " and of " punishment authorised by this Act " for " punishment provided by this Act", and by the omission of " on conviction by court-martial ".
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The following provision shall be inserted in the Army Act 1955 after section 29, and section 41 of that Act (failure to ' perform military duties) shall accordingly cease to have effect:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 29, but modified for that purpose by the substitution of " air-force law " for "military law "; and section 41 of that Act shall also cease to have effect.
The said provision shall also be substituted for section 7 of the Naval Discipline Act 1957 (neglect of duty), being numbered as section 7 of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law" and of " punishment authorised by this Act" for " punishment provided by this Act", and by the omission of " on conviction by court-martial ".
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Section 30 of the Army Act 1955 and section 30 of the Air Force Act 1955 (looting) shall each be amended as follows:—
in paragraph (a) (stealing etc. from the person of anyone killed or wounded in the course of warlike operations), for the words " killed or wounded in the course of warlike operations " there shall be substituted the words " killed, wounded or captured in the course of warlike operations, or killed, injured or detained in the course of operations undertaken by Her Majesty's forces for the preservation of law and order or otherwise in aid of the civil authorities " , and
in paragraph (b) (stealing property left exposed or unprotected in consequence of warlike operations), for the words " warlike operations " there shall be substituted the words " any such operations as are mentioned in paragraph (a) above ".
The following provision (being one corresponding to the provisions referred to in subsection (1) above as amended by that subsection) shall be inserted in the Naval Discipline Act 1957 as section 5:—
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in section 31(1)(a) of the Army Act 1955 and section 31(1)(a) of the Air Force Act 1955, the words " involving the use of violence or the threat of the use of violence, or " shall be omitted, and
section 9(1)(a) of the Naval Discipline Act 1957 shall cease to have effect.
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Provided that it shall be a defence for any person charged under this subsection to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was his superior officer.
The following provision shall be substituted for section 34 of the Army Act 1955 (disobedience to particular orders) and also, but with the substitution of " air-force law " for " military law ", for section 34 of the Air Force Act 1955:—
The following provisions shall be substituted for sections 11 and 12 of the Naval Discipline Act 1957 (striking a superior officer, and disobedience or threatening a superior officer):—
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Section 35 of the Army Act 1955 and section 35 of the Air Force Act 1955 (obstructing or refusing to assist any person known to be a provost officer, or to be a person exercising authority under or on behalf of a provost officer) shall each be amended by—
substituting for the words from " any person known " to " or to be a person " the words " any provost officer, or any person ", and
Provided that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a provost officer or, as the case may be, a person legally exercising authority under or on behalf of a provost officer.
Section 14 of the Naval Discipline Act 1957 (wilfully obstructing or wilfully refusing to assist any provost officer, or any person exercising authority under or on behalf of a provost officer) shall be amended by omitting the word " wilfully " in both places where it occurs, and by inserting at the end a proviso similar in all respects to that set out in subsection (1)(b) above.
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Section 36 of the Army Act 1955 (disobedience to standing orders or other routine orders of a continuing nature made for any formation, unit, body of troops etc.) shall be amended by substituting, in subsection (2), for the words " body of troops " the words " body of Her Majesty's forces ".
Section 36 of the Air Force Act 1955 (which is to the like effect) shall be amended by substituting, in subsection (2), for the words " body of the air force " the words " body of Her Majesty's forces ".
The following provision (being one corresponding to the provisions referred to in subsections (1) and (2) above as amended by those subsections) shall be inserted in the Naval Discipline Act 1957 as section 14A:—
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The following provision shall be substituted for section 37 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 37 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
The following provision shall be substituted for section 15 of the Naval Discipline Act 1957:—; and section 16 of that Act (subsections (1) and (2) of which penalise desertion by imprisonment or any less punishment authorised by that Act and by forfeiture) shall be amended by omitting subsection (3) (incitement to desert).
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The following provision shall be substituted for section 38 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 38 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 17 of the Naval Discipline Act 1957 shall be amended by omitting, in subsection (1), the words " without being guilty of desertion " immediately before paragraph (a) and the words " or place of duty " at the end of paragraph (b), and subsection (2) (so that the section corresponds with the provision set out in subsection (1) above except by continuing to provide for forfeiture as an additional punishment).
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The following provision shall be substituted for section 39 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 39 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 18 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by substituting for the words from " has deserted " to " place of duty" immediately before paragraph (a) the words " has committed an offence, or is attempting to commit an offence, under section 16(1) or section 17(1) of this Act ".
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in the said sections 42(1)(c), the words " service law " shall be substituted for the words " military law " or, as the case may be, " air-force law ", and
in the said section 27(1), after the words " with that intent" there shall be inserted the words " if he injures another person subject to service law at the instance of that other person and with intent thereby to render that other person unfit for service ".
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Section 43 of the Army Act 1955 and section 43 of the Air Force Act 1955 shall each be amended—
by omitting the proviso to subsection (1) (under which the maximum term of imprisonment for drunkenness is reduced from two years to six months in the case of an offence committed by a warrant officer, non-commissioned officer, soldier or airman who is neither on active service nor on duty), and
by substituting in subsection (2) (under which one test of drunkenness is whether a person is unfit to be entrusted with his duty or any duty he may be called upon to perform) for the words " he may be called upon to perform " the words " he might reasonably expect to be called upon to perform ".
Section 28 of the Naval Discipline Act 1957 shall be amended so as to correspond with the provisions referred to in subsection (1) above as amended by that subsection, that is to say, by inserting after the word " might " the words " reasonably expect to ".
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The following provision shall be inserted in the Army Act 1955 after section 43:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 43, but modified for that purpose by the substitution throughout of " air-force law " for " military law ".
Section 13 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by inserting the words " without reasonable excuse " at the end of the words preceding paragraph (a), and by omitting the words " or quarrels " after the word " fights " in that paragraph.
The following provisions shall be substituted for sections 44 to 46 of the Army Act 1955:—
The provisions set out in subsection (1) above shall also be substituted for sections 44 to 46 of the Air Force Act 1955, but modified for that purpose by the substitution throughout of “air-force law” for “military law” and, in the provision to become section 46 of that Act, of “air-force purposes” for “military purposes” and “air-force, military or naval decoration” for “military, air-force or naval decoration”.
The provisions set out in subsection (1) above and numbered there as sections 44, 44A and 45 shall also be substituted for sections 29 and 30 of the Naval Discipline Act 1957, being numbered as sections 29, 29A and 30 of that Act respectively, and being modified for that purpose by the substitution throughout of “person subject to this Act” for “person subject to military law” and of “punishment authorised by this Act” for “punishment provided by this Act”, by the substitution, in the provision to become section 29A, of “29” for “44”, and by the omission throughout of “on conviction by court-martial”.
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The following provision shall be inserted in the Army Act 1955 after the cross-heading following section 48 of that Act:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after the cross-heading following section 48 of that Act, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 19 of the Naval Discipline Act 1957 (loss or hazarding of ship or aircraft) shall be amended so as to correspond with the said provision, that is to say, by omitting paragraph (b) (loss or hazarding of aircraft) together with the word " or " immediately preceding that paragraph.
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The following provision (being one corresponding to section 25 of the Naval Discipline Act 1957) shall be substituted for section 50 of the Army Act 1955 (which relates to the inaccurate certification of aircraft and aircraft material only):—
The provision set out in subsection (1) above shall also be substituted for section 50 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
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Provided that where a pilot flies an aircraft in contravention of this section on the orders of some other person who is in command of the aircraft, that other person shall be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.
The said sections 52 (under which the maximum penalty for flying so as to cause annoyance is imprisonment for a term not exceeding two years) shall each be further amended so as to impose the same maximum penalty as that imposed by the said section 22, that is to say, by substituting for the words " imprisonment for a term not exceeding two years " the words " dismissal from Her Majesty's service ".
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Section 57(2) of the Army Act 1955, section 57(2) of the Air Force Act 1955 and section 38(3) of the Naval Discipline Act 1957 (power of courts-martial to deal summarily with offences committed in relation there(a) shall have effect subject to the amendments specified in subsections (2) and (3) below (being amendments enabling a court-martial held in pursuance of either of the said Acts of 1955 so to deal, as can a court-martial held in pursuance of the said Act of 1957, with all such offences, and amendments giving uniform powers of punishment to courts-martial so dealing).
In the said provisions of the Army Act 1955 and the Air Force Act 1955, the words " paragraph (e) or (f) of " shall be omitted; and, for all the words from " order the offender " to the end there shall be substituted the words " sentence the offender—
if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day's pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made),
in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid."
In the said provision in the Naval Discipline Act 1957, for all the words after " sentence " there shall be substituted the words " the offender—
if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day's pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made),
in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid."
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The following provision (being one corresponding to section 34 of the Naval Discipline Act 1957) shall be substituted for section 60 of the Army Act 1955 (injurious disclosures) :—
The provision set out in subsection (1) above shall also be substituted for section 60 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
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Section 62 of the Army Act 1955 and section 62 of the Air Force Act 1955 (falsification etc. of any service report, return, pay list or certificate or other service document) shall each be amended as follows—
the word " service " shall be omitted in each place where it occurs before the word " report " , and shall be replaced by the word " official" in each place where it occurs before the word " document ",
in paragraph (c) (with intent to defraud, failing to make any entry), for the word " defraud" there shall be substituted the word " deceive " , and
paragraph (d) (aiding and abetting etc.) shall be omitted, together with the word " or "immediately preceding that paragraph.
The following provision (being one corresponding to the provisions referred to in subsection (1) above as amended by that subsection) shall be substituted for section 35 of the Naval Discipline Act 1957 :—
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The following provision shall be inserted in the Army Act 1955 after section 63:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 63, but modified for that purpose by the substitution of " air-force law " for " military law ".
The said provision shall also be inserted in the Naval Discipline Act 1957 after that inserted in that Act by section 27 above, being numbered as section 35B of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law" and of " punishment authorised by this Act " for " punishment provided by this Act", and by the omission of " on conviction by court-martial ".
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The following provision shall be substituted for section 64 of the Army Act 1955 (under which an officer who behaves in a scandalous manner unbecoming the character of an officer and a gentleman is to be cashiered):—
The provision set out in subsection (1) above shall also be substituted for section 64 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 36 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by substituting for the words " is guilty of cruelty or of any scandalous, fraudulent or other conduct " the words " behaves in a scandalous manner ".
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Section 68 of the Army Act 1955 (which penalises attempts to commit offences, but does not extend to the offence under section 69 of that Act of conduct etc. to the prejudice of good order and military discipline) and section 68 of the Air Force Act 1955 (which is to the like effect) shall each be amended by inserting, after the words " offence against any of the foregoing provisions of this Part of this Act " , the words " or against section 69 below ".
The following provision shall be inserted in the Army Act 1955 after the said section 68:—
The provision set out in subsection (2) above shall also be inserted in the Air Force Act 1955 after section 68, but modified for that purpose by the substitution of " air-force law " for " military law ".
The said provision shall also be substituted for section 41 of the Naval Discipline Act 1957 (which relates to aiding, abetting, counselling and procuring, but not to incitement), being numbered as section 41 of that Act, and being modified for that purpose—
in subsection (1), by the substitution of " person subject to this Act " for " person subject to military law " and the omission of " this Part of " and " or against section 69 below ", and
in subsection (2), by the substitution of " section 35 "for " section 62 ".
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Section 70 of the Army Act 1955 (trial by court-martial for civil offence) shall be amended—
by omitting the proviso to subsection (3) (under which, for an offence for which a civil court could not award imprisonment, a court-martial may impose certain service penalties greater than a fine), and
by adding after subsection (5) the following subsection (which corresponds to section 42(2) of the Naval Discipline Act 1957):—
Section 70 of the Air Force Act 1955 shall have effect subject to the like amendments, save that, in the subsection to be added thereto, " air-force law " shall be substituted for " military law ".
Section 42(1) of the Naval Discipline Act 1957 (which enables a court-martial under that Act to punish certain civil offences more severely than could a civil court) shall be amended so as to correspond with section 70(3) of the Army Act 1955 and section 70(3) of the Air Force Act 1955 as above amended, that is to say, by substituting the following for paragraph (c):—
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in the Army Act 1955 and the Air Force Act 1955, sections 40 (falsely obtaining or prolonging leave), 53 (irregular arrest and confinement), 58 (false evidence) and 67 (false accusations etc.), and
in the Naval Discipline Act 1957, section 26 (improper carriage of goods).
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The following subsection shall be substituted for subsection (3) of section 78 of the Army Act 1955 (punishments on summary dealings with offences against military law by non-commissioned officers and soldiers), and also (but modified for that purpose by the substitution of " an airman " for " a soldier " in the first paragraph (a)) for subsection (3) of section 78 of the Air Force Act 1955 (corresponding provision for offences against air-force law by non-commissioned officers and airmen):—
The following subsection shall be substituted for subsection (5) of section 79. of the Army Act 1955 (punishments on summary dealings with offences against military law by officers and warrant officers), and also for subsection (5) of section 79 of the Air Force Act 1955 (corresponding provision for offences against air-force law):—
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The following provision shall be inserted in the Army Act 1955 after section 118:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 118, but modified for that purpose—
by the substitution throughout subsections (1) and (2) of that provision of " an air-force sentence of imprisonment " for " a military sentence of imprisonment " and " an air-force sentence of detention " for " a military sentence of detention ". and
by the substitution in the said subsection (2) of " the Army Act 1955 " for " the Air Force Act 1955 ".
The following subsection shall be added at the end of section 86 of the Naval Discipline Act 1957 (subsections (1) and (2) of which make provision corresponding to subsections (1) and (2) of the provision set out in subsection (1) above):—
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Section 103 of the Naval Discipline Act 1957 (arrest under warrants of naval authorities) shall be amended by adding the following subsection at the end:—
The following provisions (being provisions corresponding to section 103 of the Naval Discipline Act 1957 (as amended by subsection (1) above) and section 104 of that Act) shall be inserted in the Army Act 1955 after section 190, and also (but modified for that purpose by the substitution of " air-force custody " for " military custody " and " air forces " for " military forces" throughout subsection (3) of the provision numbered 190A) in the Air Force Act 1955 after section 190:—
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The following provision shall be inserted in the Army Act 1955, and also in the Air Force Act 1955, in each case after section 204:—
The following provision shall be inserted in the Naval Discipline Act 1957 after section 129:—
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at the end of subsection (2) (which authorises summary trial by commanding officers for any offence triable by court-martial other than an offence punishable by sentence of death) there shall be added the words " or an offence of murder ", and
in the proviso to subsection (5) (under which an officer to whom the power of summary trial is delegated may not award any punishment other than the minor punishments referred to in section 43(1)(m) of that Act) after the words " other than " there shall be inserted the words " a fine or ".
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Section 86(1) of the Army Act 1955 (under which a general court-martial may be convened by any qualified officer (meaning one not below field rank and exercising command) who is authorised in that behalf by royal warrant, or by any qualified officer under the command of a qualified officer so authorised to whom the latter has delegated his power in accordance with the warrant) shall be amended by substituting, for the words from " or by any qualified officer "to the end, the words " or by any officer to whom a qualified officer so authorised has delegated his power under the warrant, being an officer under the command of the qualified officer and not below the rank of colonel."
Section 86(1) of the Air Force Act 1955 (which is to the like effect) shall have effect subject to the like amendment, but with the substitution at the end of " group captain " for " colonel ".
In section 53 of the Naval Discipline Act 1957 (under subsections (1) and (2) of which a court-martial may be ordered by the Defence Council, by any officer of the Royal Navy authorised in that behalf by commission of the Defence Council, or by any officer on whom the command of an officer so authorised has devolved) the following subsection shall be substituted for subsection (3) (which gives limited powers of delegation to authorised officers):—; and subsection (4) of the said section 53 (as between two officers empowered to order a court-martial, power of officer of superior rank to prevail) shall cease to have effect.
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in section 103(2) of each Act (specific matters for which Rules may make provision), the following paragraph shall be inserted after paragraph (k):—;
in section 104(2)(b) of each Act (under which Rules as to the functions of a judge advocate may provide for him to determine questions of law in the absence of the members of a court-martial), after the words " questions of law " there shall be inserted the words " or of law and fact mixed ".
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in subsection (2) (specific matters for which General Orders may provide), the following paragraph shall be inserted after paragraph (a):—;
the following subsection shall be substituted for subsection (4) (under which General Orders are to have effect only if approved by Her Majesty in Council in pursuance of a report of the Judicial Committee of the Privy Council, and every Order in Council made for the purposes of that subsection is to be laid before Parliament):—
Section 6(1) of the Criminal Evidence Act 1898 (which applies that Act to all criminal proceedings, including proceedings in courts-martial) shall be amended by inserting after the words “courts-martial” the words “under the Army Act 1955 and the Air Force Act 1955, and proceedings in courts-martial and disciplinary courts under the Naval Discipline Act 1957”.
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Section 109 of the Army Act 1955 and section 109 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (5) (under which a court-martial directed by a confirming officer to revise a finding of guilty may substitute a different sentence, not being one of greater severity than the original sentence, if the court either adheres to the finding or substitutes therefor a different finding of guilty):—
Section 110 of the Army Act 1955 and section 110 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (2) (under which, where a confirming officer does not propose to confirm a finding of guilty and the court-martial could on the charge in question have validly made some other such finding, the confirming officer may, instead of withholding confirmation of the finding, substitute that other finding for it):—
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The following provision (being one corresponding to section 127 of the Army Act 1955 and section 127 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after section 82:—
Section 125(2) of the Naval Discipline Act 1957 (under which, except in the provisions there specified, references in that Act to the United Kingdom include references to the Channel Islands and the Isle of Man) shall be amended by substituting for the words " section eighty " the words " sections 80 and 82A", and by adding at the end the words " and in the said section 82A, the reference to a colony shall be construed as including a reference to the Channel Islands and the Isle of Man ".
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Section 114 of the Army Act 1955 and section 114 of the Air Force Act 1955 shall each be amended as follows—
in subsection (1) (reconsideration of sentences of imprisonment and detention by officers authorised by Defence Council: power to remit, but only for good conduct), for all the words after " Defence Council" there shall be substituted the words " ; and an officer reconsidering any sentence by virtue of this subsection may by order remit the sentence in whole or in part. ", and
subsection (2) (duty to reconsider periodically) shall be omitted.
Section 120 of the Army Act 1955 and section 120 of the Air Force Act 1955 (suspension of sentences of imprisonment and detention) shall each be amended by adding at the end of subsection (7) (person whose sentence suspended to be released from custody) the words " and a sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this subsection at the expiry of one year from the date on which the suspension took effect " ; and the following subsection shall be added to section 92 of the Naval Discipline Act 1957 after subsection (2) (under which suspended sentences are to be reconsidered periodically, and may on reconsideration be remitted for good conduct):—
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in subsection (1) (under which, where a person is acquitted or convicted of an offence by a court-martial or disciplinary court or on summary trial, a civil court is debarred from trying him for the same, or substantially the same, offence), immediately before the words " a civil court" there shall be inserted the words " or has had an offence committed by him taken into consideration by a court-martial or disciplinary court in sentencing him ", and
in subsection (2) (under which, where a person is acquitted or convicted of an offence by a civil court, wherever situated, he cannot be tried under the Act for the same, or substantially the same, offence, and a person so convicted is not to lose any seniority, privilege etc. by reason of the conviction or the offence), after the words " wherever situated " there shall be inserted the words " or has had an offence committed by him taken into consideration when being sentenced by a civil court in the United Kingdom ", and for the words " so convicted " there shall be substituted the words " who has been so convicted or has had an offence committed by him so taken into consideration ".
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Section 186 of the Army Act 1955 and section 186 of the Air Force Act 1955 (which confer special powers of arrest in respect of persons suspected of desertion or absence without leave, and, by subsection (4), require any person arrested under those powers to be brought before a court of summary jurisdiction) shall each be amended by inserting the following subsection after the said subsection (4):—
The following subsection shall be inserted after subsection (4) of section 187 of the Army Act 1955 (proceedings where person brought before court of summary jurisdiction as illegally absent), and also (but modified for that purpose by the substitution of " regular air force " for " regular forces ") after subsection (4) of section 187 of the Air Force Act 1955:—
Section 189(3) of the Army Act 1955 and section 189(3) of the Air Force Act 1955 (certain certificates of arrest or surrender of deserters and absentees to be evidence of matters therein stated in proceedings for offences under sections 37 and 38) shall each be amended by inserting the following paragraph after paragraph (a):—.
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The following provisions (being provisions corresponding to sections 199 and 200 of the Army Act 1955 and the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after the provision inserted therein as section 129A by section 45(2) of this Act:—
Paragraph 1 of Schedule 1 to the Courts-Martial (Appeals) Act 1968 (under which, where the record of any evidence given before a naval court-martial may be read as evidence on a retrial, it may be so read without further proof if it is produced from the custody of the Defence Council) shall be amended by substituting for the words " if it is produced from the custody of the Defence Council " the words " if it forms part of the original proceedings of the original court-martial or a copy thereof and those proceedings are, or that copy is, admissible as evidence under section 129C of the Naval Discipline Act ".
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Section 150(1) of the Army Act 1955 and section 150(1) of the Air Force Act 1955 (deductions from pay in respect of maintenance orders and legal aid contribution orders) shall each be amended by omitting paragraph (d) (legal aid contribution orders), and the following provision shall be inserted in each Act after section 151 (but, in the case of the Air Force Act 1955, modified by the substitution throughout of " regular air force " for " regular forces "):—
The following subsection shall be substituted for subsection (1) of section 152 of the Army Act 1955 and subsection (1) of section 152 of the Air Force Act 1955 (under which deductions under sections 150 and 151 of those Acts must not together exceed a specified proportion of pay):—; and section 152(2) of each Act (effect of deductions under sections 150 and 151 on forfeitures) shall be amended by, substituting, for the words " under either of the two last foregoing sections the words "under section 150, 151 or 151A above. "
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The following provisions (which correspond respectively to the following sections of the Army Act 1955 and the Air Force Act 1955, that is to say, section 144, section 146, section 147, section 149 and the new section 151A set out in section 59(1) above) shall be inserted in the Naval Discipline Act 1957 after section 128:—
In consequence of the provision set out in subsection (1) above as section 128E, section 1(1) of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 shall be amended by omitting paragraph (c) (deductions in respect of legal aid contribution orders) and the proviso to that subsection (limit on deductions).
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Section 153 of the Army Act 1955 and section 153 of the Air Force Act 1955 (rules for service of process in maintenance proceedings where the defendant is a member of the regular forces or, as the case may be, of the regular air force) shall each be amended as follows—
subsection (2) (service of process for a hearing more than twenty miles away to be of no effect unless travelling expenses are paid) shall be omitted, and
at the end there shall be added the following subsection:—.
Section 101 of the Naval Discipline Act 1957 (rules for service of process in maintenance proceedings where the defendant is subject to that Act) shall be amended by omitting subsection (3) (service of process for a hearing more than twenty miles away to be of no effect unless travelling expenses are paid).
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The following subsection shall be substituted for subsection (5) of section 2 of the Army Act 1955 and also for subsection (5) of section 2 of the Air Force Act 1955 (under which the " appropriate minimum age " , being the age below which a person may not be enlisted without certain consents, means the age of seventeen years and six months or, in such classes of case as may be prescribed, the age of seventeen years):—.
Section 9(3) of the Armed Forces Act 1966 (which defines " appropriate minimum age " similarly for the purposes of entry into the Royal Navy) shall be amended so as to correspond with the provision set out in subsection (1) above, that is to say, by substituting for the words from " the age of seventeen years and six months " to the end the words " the age of eighteen or, in a case falling within any class for which a lower age is for the time being prescribed by regulations of the Defence Council, that lower age ".
Paragraph 9 of Schedule 7 to the Army Act 1955 (which substitutes references to the age of 17 for references to the appropriate minimum age in Part I of that Act as it applies to marines) shall cease to have effect.
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Regulations made under section 2 of the Armed Forces Act 1966 and conferring, subject to any conditions and restrictions specified in the regulations, a right on persons enlisted in the regular army to claim their discharge within a specified time after attestation may repeal section 14 of the Army Act 1955 (which also confers such a right) together with the enactments amending that section; and regulations under the said section 2 making the like provision with respect to persons enlisted in the regular air force may repeal section 14 of the Air Force Act 1955 and the enactments amending that section.
In section 2 of the Navy, Army and Air Force Reserves Act 1964 (liability of certain former soldiers to recall for service), in subsection (1)(b) (no liability in the case of persons discharged under section 14 of the Army Act 1955), the reference to section 14 of the Army Act 1955 shall include a reference to regulations under section 2 of the Armed Forces Act 1966 conferring a right to discharge by purchase.
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The following provision shall be substituted for section 130 of the Naval Discipline Act 1957 (under which a Person subject to that Act may complain of oppression, injustice or other ill-treatment to the authority specified for that purpose by Queen's Regulations, and, if dissatisfied, may carry the complaint to the next superior authority, and so on):—.
Section 181 of the Army Act 1955 and section 181 of the Air Force Act 1955 (complaints by warrant officers and below) shall each be amended as follows—
in subsection (2) (under which a person who has complained to his commanding officer and has not received satisfactory redress, or who thinks himself wronged by his commanding officer for any other reason, may complain to a superior officer under whom he is serving), for all the words from " he may make a complaint with respect thereto " to the end there shall be substituted the words " he may, in accordance with the procedure laid down in Queen's Regulations, make a complaint with respect thereto to the Defence Council ", and
in subsection (3) (duty of a commanding or other officer to have any complaint received by him investigated, and to give any redress appearing to him to be necessary), for the words " a commanding or other officer " there shall be substituted the words " a commanding officer or, as the case may be, the Defence Council ", and the words " or them " shall be inserted after the words " by him " and after the words " to him ".
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At any time when section 154 of the Army Act 1955 (issue of billeting requisitions by military officers having a command in the United Kingdom) is in operation by virtue of an order of the Secretary of State under section 174 of that Act, a billeting requisition may be issued under this subsection by any flag officer having a command in the United Kingdom; and at any time when section 165 of that Act (issue of requisitioning orders by military officers having a command as aforesaid) is so in operation, any such flag officer as aforesaid may issue a requisitioning order under this subsection.
For the purposes of Part IV of the said Act of 1955, a billeting requisition or requisitioning order issued under subsection (1) above shall have effect as if issued under the said section 154 or, as the case may be, the said section 165 ; but, in relation to any such requisition or order, the said Part IV and Schedule 4 to that Act shall have effect subject to such adaptations as the Defence Council may by regulations prescribe, being adaptations appearing to the Defence Council necessary for adapting the said Part IV and Schedule to the naval forces.
The Naval Billeting &c. Act 1914 (under which the issue of a billeting requisition or requisitioning order by naval officers depends upon the existence of a proclamation calling out the naval reserves) shall cease to have effect; and in sections 32(a), 33(1)(a) and 33(2)(a) of the Naval Discipline Act 1957 (which relate to billeting and requisitioning offences) for the words "issued by virtue of subsection (1) of section 1 of the Naval Billeting &c. Act 1914" there shall be substituted the words " issued under section 67(1) of the Armed Forces Act 1971 ".
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Section 15(1) of the Army Reserve Act 1950 and section 15(1) of the Air Force Reserve Act 1950 (which relate to deserters from the army reserve and the air force reserve respectively) shall each be amended so as to correspond with section 192(1) of the Army Act 1955 and section 192(1) of the Air Force Act 1955 (which relate to deserters from the regular forces), that is to say, by substituting the following paragraph for paragraph (c) (offence of concealing, employing, or assisting in the rescue of, a known deserter):—.
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Section 27(2) of the Auxiliary Forces Act 1953 (which relates to deserters from the Territorial Army and the Royal Auxiliary Air Force) shall also be amended so as to correspond with the provisions of the Acts of 1955 above referred to, that is to say, by substituting the following paragraph for paragraph (c):—
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Section 204 of the Army Act 1955, section 204 of the Air Force Act 1955 and section 10 of the Emergency Laws (Miscellaneous Provisions) Act 1953 (under which certain military, air-force and naval officers may take affidavits and declarations abroad, but only from persons belonging to or connected with the same .service) shall have effect subject to the amendments specified in subsections (2) to (4) below (being amendments extending those sections, so that an officer of one service may take affidavits and declarations from persons belonging to or connected with another service).
The following subsection shall be added at the end of the said section 204 of the Army Act 1955:—.
The following subsection shall be added at the end of the said section 204 of the Air Force Act 1955:—.
The following subsection shall be added at the end of the said section 10 of the Emergency Laws (Miscellaneous Provisions) Act 1953 :—.
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The following provision (which corresponds to section 117 of the Naval Discipline Act 1957) shall be inserted in the Army Act 1955 after section 208, and also (but modified for that purpose by the substitution of " air-force law " for " military law " and " military law " for " air-force law ") in the Air Force Act 1955 after section 208 :—.
Section 209 of the Army Act 1955 and section 209 of the Air Force Act 1955 (application of those Acts to civilians) shall each be amended by adding the following subsection at the end:—.
The Courts-Martial (Appeals) Act 1968 (under which appeals to the Courts-Martial Appeal Court are confined to appeals against conviction) shall be amended in accordance with subsections (2) and (3) below.
In section 8—
at the end of subsection (1) (which confers the right of appeal) there shall be added the words “and, if he was a civilian (as defined in subsection (5) below) both at the time of his conviction and when the offence was committed, may also with the leave of the Court appeal against his sentence, unless it is one fixed by law”, and
the following subsection shall be added after subsection (4)—
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The provisions of Schedule 2 to this Act shall have effect, being provisions making in the said Act of 1968 and the other enactments there specified amendments consequential on, or otherwise connected with, the preceding provisions of this section.
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The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments connected with the introduction of the naval rate, and the marine rank, of warrant officer.
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The enactments specified in Schedule 4 to this Act (Part II of which includes certain enactments which are spent) are hereby repealed to the extent specified in column 3 of that Schedule.
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This Act may be cited as the Armed Forces Act 1971.
Except so far as the context otherwise requires, any reference in this Act to any other enactment is a reference to that enactment as amended by or under any subsequent enactment, including an enactment contained in this Act.
This Act, except section 1 and this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, but subject to the qualifications specified in subsection (4) below.
The said qualifications are as follows:—
the following provisions of this Act, that is to say, Part II, section 69, Schedule 1 and Part I of Schedule 4, shall not have effect in relation to any act or omission occurring before the date appointed under subsection (3) above, and, in particular, shall not affect the operation of any enactment in force immediately before that date in relation to any offence against any such enactment committed, or partly committed, before that date;
the provisions to become sections 128B and 128C of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act shall apply only to sums payable under sentences and orders awarded or made in respect of offences committed on or after the date appointed under subsection (3) above, or, as the case may be, to loss or damage occasioned by acts and omissions occurring on or after that date;
the provision to become section 129D of the Naval Discipline Act 1957 by virtue of section 65 of this Act shall apply only to desertions beginning on or after the date appointed under subsection (3) above, and the amendment of section 75(1) of that Act effected by section 60 of this Act and Part II of Schedule 4 shall have effect only in relation to absences so beginning.
Section 59 of this Act, the provision to become section 128E of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act, and section 61(2) of this Act, shall each apply to liabilities arising before, as well as after, the date appointed under subsection (3) above.
Section 43.
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Section 73.
The Courts-Martial (Appeals) Act 1968 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 34, the words “under subsection (1) above” shall be substituted for the words “this section” in subsection (2), and the following subsection shall be added after subsection (3):—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 75.
Section 2 of the Naval and Marine Pay and Pensions Act 1865 shall be amended by inserting, in the definition of “seaman or marine” the words “warrant officer” immediately before the words “petty officer”, and the words “warrant or” immediately before the words “non-commissioned officer”.
In section 5 of the Greenwich Hospital Act 1865, immediately before the words “non-commissioned officers”, in both places where they occur, there shall be inserted the words “warrant officers”.
Section 2 of the Navy and Marines (Property of Deceased) Act 1865 shall be amended by inserting, in the definition of “seaman or marine”, the words “warrant officer” immediately before the words “petty officer” in both places where they occur, and the words “warrant or” immediately before the words “non-commissioned officer”.
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Section 77(1)
Chapter Short Title Extent of Repeal 3 & 4 Eliz. 2. c. 18. The Army Act 1955. In section 31(1)(a), the words " involving the use of violence or the threat of the use of violence, or"; and in section 31(3), the words from " and in this section " to the end. Sections 40 and 41. In section 43(1), the proviso. Section 53. In section 57(2), the words " paragraph (e) or (f) of". Section 58. In section 62, in paragraphs (a) and (b), the word " service" in each place where it occurs before the word " report", paragraph (d), and the word " or" immediately preceding that paragraph. Section 67. In section 69, the word " act". In section 70(3), the proviso. Section 75(3). In section 81, subsection (3) and paragraph (a) of subsection (4). In section 118(1), the words " or a sentence of field punishment ". In section 120(5), the proviso. In section 135(5), the words " for an offence against section fifty-eight of this Act or ". In section 138(1), the words " fraudulently misapplying it ". In section 145(2)(a), the words " disobedience to orders or ". In section 152(2), the words " by or". In section 211, subsection (3) and, in subsection (4), the words " Paragraph (b) of subsection (2) of section thirty-seven ". In section 213, paragraph (b). In Schedule 3, in paragraph 1, the words "either with intent to assist the enemy or without authority "; and paragraphs 5 and 8. In Schedule 6, paragraph 1(2); and, in paragraph 1(3), the words from " references to cashiering " to " Her Majesty's service " and all the words after " Naval Discipline Act ". In Schedule 7, paragraphs 12 and 12A. 3 & 4 Eliz. 2. c. 19. The Air Force Act 1955. In section 31(1)(a), the words " involving the use of violence or the threat of the use of violence, or "; and in section 31(3), the words from " and in this section " to the end. Sections 40 and 41. In section 43(1), the proviso. Section 53. In section 57(2), the words " paragraph (e) or (f) of". Section 58. In section 62, in paragraphs (a) and (b), the word " service" in each place where it occurs before the word " report", paragraph (d), and the word " or " immediately preceding that paragraph. Section 67. In section 69, the word " act". In section 70(3), the proviso. Section 75(3). In section 81, subsection (3) and paragraph (a) of subsection (4). In section 118(1), the words " or a sentence of field punishment". In section 120(5), the proviso. In section 135(5), the words " for an offence against section fifty-eight of this Act or ". In section 138(1), the words " fraudulently misapplying it ". In section 145(2)(a), the words " disobedience to orders or ". In section 152(2), the words " by or ". In section 210, subsection (3) and, in subsection (4), the words " Paragraph (b) of subsection (2) of section thirty-seven ". In section 211, paragraph (b). In Schedule 3, in paragraph 1, the words " either with intent to assist the enemy or without authority"; and paragraphs 5 and 8. In Schedule 6, paragraph 1(2); and, in paragraph 1(3), the words from "references to cashiering " to " Her Majesty's service " and all the words after " Naval Discipline Act ". 5 & 6 Eliz. 2. c. 53. The Naval Discipline Act 1957. Section 9(1)(a), and, in section 9(2), the words " for any term ". In section 10, the words " for any term ". In section 13(a), the words " or quarrels ". In section 14, the word " wilfully " (twice). In section 16(1), the words "for any term ", and subsection (3). In section 17, in subsection (1), the words " without being guilty of desertion" and the words " or place of duty"; and subsection (2). In section 19, paragraph (b) and the word " or " immediately preceding that paragraph, and the words " for any term ". In section 20(a), the words " for any term ". Section 26. In section 39, the words " not described in the foregoing provisions of this Act". In section 47(2), the words "or place of duty ". In section 76(1), the words " fraudulently misapplying it". In section 97(1), in paragraphs (a) and (c), the words "or place of duty ". In section 109(3)(a), the words " or place of duty ". In section 122(2), the words " paragraph (b) of section twelve ". In Schedule 2, paragraphs 1 and 2. In Schedule 4, paragraph 2. In Schedule 5, the entry relating to Schedule7 to the Army Act 1955. 9 & 10 Eliz. 2. c. 52. The Army and Air Force Act 1961. In section 13(1), the words from " or that subsection " to " of that Act". Sections 18 to 20. Sections 31 to 34. In Schedule 2, the entries relating to section 37(3) of the Army Act 1955 and section 37(3) of the Air Force Act 1955. 1966 c. 45. The Armed Forces Act 1966. Section 8(2). In section 15(7), the words " 53 and " (twice). Sections 21 and 22. Section 27(1). In section 28(1), the words from " 37(2)(b) " to " engagement) and ". Section 32. 1968 c. 60. The Theft Act 1968. In Part II of Schedule 2, the entries relating to sections 44(1)(b) and 45(b) of the Army Act 1955; in the entry relating to the Air Force Act 1955 the words " 44, 45 " and the words from "except" to the end; and the entry relating to section 29(b) of the Naval Discipline Act 1957.
Chapter Short Title Extent of Repeal 28 & 29 Vict. c. 73. The Naval and Marine Pay and Pensions Act 1865. In section 2, in the definition of " officer ", the words " warrant, or subordinate " and the words " or assistant engineer ". 28 & 29 Vict. c. 111. The Naval and Marines (Property of Deceased) Act 1865. In section 2, in the definition of " officer ", the words " warrant, or subordinate " and the words " or assistant engineer ". 4 & 5 Geo. 5. c. 70. The Naval Billeting &c. Act 1914. The whole Act. 10 & 11 Geo. 6. c. 24. The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947. In section 1, paragraph (c) and the proviso. 14 Geo. 6. c. 32. The Army Reserve Act 1950. Section 15(3). 14 Geo. 6. c. 33. The Air Force Reserve Act 1950. Section 15(3). 1 & 2 Eliz. 2. c. 50. The Auxiliary Forces Act 1953. Section 27(4). 3 & 4 Eliz. 2. c. 18. The Army Act 1955. In section 113(5)(c), the words " valid for invalid ". Section 114(2). Section 120(8). Section 150(1)(d). Section 152(3). Section 153(2). In Schedule 7, paragraph 9. 3 & 4 Eliz. 2. c. 19. The Air Force Act 1955. In section 113(5)(c), the words " valid for invalid ". Section 114(2). Section 120(8). Section 150(1)(d). Section 152(3). Section 153(2). 3 & 4 Eliz. 2. c. 20. The Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955. In Schedule 2, paragraph 6, paragraph 13(8), paragraph 14 (8), and, in paragraph 18(4), the words from " in subsection (4) " to the end. 5 & 6 Eliz. 2. c. 53. The Naval Discipline Act 1957. In section 53, subsection (4); and, in subsection (5), the words " notwithstanding anything in subsection (4) of this section and ". Section 72(2). In section 75(1), the words from " and has " to " one month ". Section 85(3). Section 101(3). 9 & 10 Eliz. 2. c. 52. The Army and Air Force Act 1961. Section 23. 1966 c. 30. The Reserve Forces Act 1966 In section 21(1), in the definition of "man", the words "(except in relation to the marine forces) ". 1970 c. 31. The Administration of Justice Act 1970. In section 43(5), the words " by the Courts-Martial Appeal Court" and the words from " in pursuance " to " subsection (6) below "; and subsection (6).
S. 1 repealed by Armed Forces Act 1976 (c. 52, SIF 7:1), ss. 1(5), 22(6), Sch. 10 Ss. 2-25 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059) S. 26 repealed (31.1.1997) by 1995 c. 38, s. 15(2), Sch. 2 (with ss. 6(4)(5), 14); S.I. 1996/3217, art. 2 Ss. 27-48 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059) S. 49(1)(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Ss. 50-68 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 69(1)(2) repealed by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 10 Pt. II Ss. 70-72 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 73(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 74 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 76 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 S. 77(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 1 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 2 para. 1(2)-(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 2 para. 1(6) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 8 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h) Sch. 2 para. 1(8) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) Sch. 2 para. 2 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 2 para. 3 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 3 para. 4 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 3 para. 5 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Sch. 3 para. 6 repealed by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 10 Pt. II Sch. 3 para. 7 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1 The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 26, 33, 54, 67(3), 76, Schs. 1, 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1898 c. 36. 1968 c. 20. 1957 c. 53. 1957 c. 53. 1957 c. 53. 1968 c. 20. 1865 c. 73. 1865 c. 89. 1865 c. 111 An Act to continue the Army Act 1955 and the Air Force Act 1955, to limit the duration of the Naval Discipline Act 1957, and to amend those Acts and other enactments relating to the armed forces.
The Army Act 1955 and the Air Force Act 1955 shall, instead of expiring at the end of the year 1971, continue in force until the end of the year 1972, and shall then expire unless continued in force in accordance with the following provisions of this section.
The Naval Discipline Act 1957 shall also expire at the end of the year 1972 unless continued in force in accordance with those provisions.
Subject to subsection (4) below, Her Majesty may from time to time by Order in Council provide for any of the said Acts to continue in force for a period of twelve months beyond the day on which it would otherwise expire.
No Order in Council shall be made under subsection (3) above so as to continue any of the said Acts beyond the end of the year 1976.
No recommendation shall be made to Her Majesty in Council to make an order under subsection (3) above unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament.
Section 1 of the Armed Forces Act 1966 shall be repealed at the end of the year 1971.
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The following provisions shall be substituted for sections 24 to 28 of the Army Act 1955:—.
The provisions set out in subsection (1) above shall also be substituted for sections 24 to 28 of the Air Force Act 1955, but modified for that purpose by the substitution throughout of " air-force service " for " military service " and " air-force law " for " military law ".
The said provisions shall also be substituted for sections 2 to 5 of the Naval Discipline Act 1957, being numbered respectively as sections 2, 3 and 4 of that Act, and being modified for that purpose—
by the substitution throughout of " naval service " for " military service ", of " person subject to this Act ", for " person subject to military law ", and of " punishment authorised by this Act" for " punishment provided by this Act ", and
by the omission of subsection (4) of the first of those provisions, and the omission throughout of " on conviction by court-martial".
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The following provisions shall be inserted in the Army Act 1955 as sections 27 and 28:—.
The provisions set out in subsection (1) above shall also be inserted in the Air Force Act 1955 as sections 27 and 28, but modified for that purpose by the substitution throughout of " air-force law " for " military law ".
Sections 23 and 24 of the Naval Discipline Act 1957 (under which prize offences are punishable by dismissal with disgrace or any less authorised punishment) shall each be amended by substituting the words " imprisonment for a term not exceeding two years " for the words " dismissal with disgrace from Her Majesty's service ".
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The following provision shall be substituted for section 29 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 29 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
The said provision shall also be substituted for section 6 of the Naval Discipline Act 1957 (including the cross-heading preceding that section), being numbered as section 6 of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law " and of " punishment authorised by this Act " for " punishment provided by this Act", and by the omission of " on conviction by court-martial ".
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The following provision shall be inserted in the Army Act 1955 after section 29, and section 41 of that Act (failure to ' perform military duties) shall accordingly cease to have effect:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 29, but modified for that purpose by the substitution of " air-force law " for "military law "; and section 41 of that Act shall also cease to have effect.
The said provision shall also be substituted for section 7 of the Naval Discipline Act 1957 (neglect of duty), being numbered as section 7 of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law" and of " punishment authorised by this Act" for " punishment provided by this Act", and by the omission of " on conviction by court-martial ".
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Section 30 of the Army Act 1955 and section 30 of the Air Force Act 1955 (looting) shall each be amended as follows:—
in paragraph (a) (stealing etc. from the person of anyone killed or wounded in the course of warlike operations), for the words " killed or wounded in the course of warlike operations " there shall be substituted the words " killed, wounded or captured in the course of warlike operations, or killed, injured or detained in the course of operations undertaken by Her Majesty's forces for the preservation of law and order or otherwise in aid of the civil authorities " , and
in paragraph (b) (stealing property left exposed or unprotected in consequence of warlike operations), for the words " warlike operations " there shall be substituted the words " any such operations as are mentioned in paragraph (a) above ".
The following provision (being one corresponding to the provisions referred to in subsection (1) above as amended by that subsection) shall be inserted in the Naval Discipline Act 1957 as section 5:—
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in section 31(1)(a) of the Army Act 1955 and section 31(1)(a) of the Air Force Act 1955, the words " involving the use of violence or the threat of the use of violence, or " shall be omitted, and
section 9(1)(a) of the Naval Discipline Act 1957 shall cease to have effect.
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Provided that it shall be a defence for any person charged under this subsection to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was his superior officer.
The following provision shall be substituted for section 34 of the Army Act 1955 (disobedience to particular orders) and also, but with the substitution of " air-force law " for " military law ", for section 34 of the Air Force Act 1955:—
The following provisions shall be substituted for sections 11 and 12 of the Naval Discipline Act 1957 (striking a superior officer, and disobedience or threatening a superior officer):—
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Section 35 of the Army Act 1955 and section 35 of the Air Force Act 1955 (obstructing or refusing to assist any person known to be a provost officer, or to be a person exercising authority under or on behalf of a provost officer) shall each be amended by—
substituting for the words from " any person known " to " or to be a person " the words " any provost officer, or any person ", and
Provided that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a provost officer or, as the case may be, a person legally exercising authority under or on behalf of a provost officer.
Section 14 of the Naval Discipline Act 1957 (wilfully obstructing or wilfully refusing to assist any provost officer, or any person exercising authority under or on behalf of a provost officer) shall be amended by omitting the word " wilfully " in both places where it occurs, and by inserting at the end a proviso similar in all respects to that set out in subsection (1)(b) above.
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Section 36 of the Army Act 1955 (disobedience to standing orders or other routine orders of a continuing nature made for any formation, unit, body of troops etc.) shall be amended by substituting, in subsection (2), for the words " body of troops " the words " body of Her Majesty's forces ".
Section 36 of the Air Force Act 1955 (which is to the like effect) shall be amended by substituting, in subsection (2), for the words " body of the air force " the words " body of Her Majesty's forces ".
The following provision (being one corresponding to the provisions referred to in subsections (1) and (2) above as amended by those subsections) shall be inserted in the Naval Discipline Act 1957 as section 14A:—
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The following provision shall be substituted for section 37 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 37 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
The following provision shall be substituted for section 15 of the Naval Discipline Act 1957:—; and section 16 of that Act (subsections (1) and (2) of which penalise desertion by imprisonment or any less punishment authorised by that Act and by forfeiture) shall be amended by omitting subsection (3) (incitement to desert).
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The following provision shall be substituted for section 38 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 38 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 17 of the Naval Discipline Act 1957 shall be amended by omitting, in subsection (1), the words " without being guilty of desertion " immediately before paragraph (a) and the words " or place of duty " at the end of paragraph (b), and subsection (2) (so that the section corresponds with the provision set out in subsection (1) above except by continuing to provide for forfeiture as an additional punishment).
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The following provision shall be substituted for section 39 of the Army Act 1955:—
The provision set out in subsection (1) above shall also be substituted for section 39 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 18 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by substituting for the words from " has deserted " to " place of duty" immediately before paragraph (a) the words " has committed an offence, or is attempting to commit an offence, under section 16(1) or section 17(1) of this Act ".
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in the said sections 42(1)(c), the words " service law " shall be substituted for the words " military law " or, as the case may be, " air-force law ", and
in the said section 27(1), after the words " with that intent" there shall be inserted the words " if he injures another person subject to service law at the instance of that other person and with intent thereby to render that other person unfit for service ".
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Section 43 of the Army Act 1955 and section 43 of the Air Force Act 1955 shall each be amended—
by omitting the proviso to subsection (1) (under which the maximum term of imprisonment for drunkenness is reduced from two years to six months in the case of an offence committed by a warrant officer, non-commissioned officer, soldier or airman who is neither on active service nor on duty), and
by substituting in subsection (2) (under which one test of drunkenness is whether a person is unfit to be entrusted with his duty or any duty he may be called upon to perform) for the words " he may be called upon to perform " the words " he might reasonably expect to be called upon to perform ".
Section 28 of the Naval Discipline Act 1957 shall be amended so as to correspond with the provisions referred to in subsection (1) above as amended by that subsection, that is to say, by inserting after the word " might " the words " reasonably expect to ".
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The following provision shall be inserted in the Army Act 1955 after section 43:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 43, but modified for that purpose by the substitution throughout of " air-force law " for " military law ".
Section 13 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by inserting the words " without reasonable excuse " at the end of the words preceding paragraph (a), and by omitting the words " or quarrels " after the word " fights " in that paragraph.
The following provisions shall be substituted for sections 44 to 46 of the Army Act 1955:—
The provisions set out in subsection (1) above shall also be substituted for sections 44 to 46 of the Air Force Act 1955, but modified for that purpose by the substitution throughout of “air-force law” for “military law” and, in the provision to become section 46 of that Act, of “air-force purposes” for “military purposes” and “air-force, military or naval decoration” for “military, air-force or naval decoration”.
The provisions set out in subsection (1) above and numbered there as sections 44, 44A and 45 shall also be substituted for sections 29 and 30 of the Naval Discipline Act 1957, being numbered as sections 29, 29A and 30 of that Act respectively, and being modified for that purpose by the substitution throughout of “person subject to this Act” for “person subject to military law” and of “punishment authorised by this Act” for “punishment provided by this Act”, by the substitution, in the provision to become section 29A, of “29” for “44”, and by the omission throughout of “on conviction by court-martial”.
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The following provision shall be inserted in the Army Act 1955 after the cross-heading following section 48 of that Act:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after the cross-heading following section 48 of that Act, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 19 of the Naval Discipline Act 1957 (loss or hazarding of ship or aircraft) shall be amended so as to correspond with the said provision, that is to say, by omitting paragraph (b) (loss or hazarding of aircraft) together with the word " or " immediately preceding that paragraph.
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The following provision (being one corresponding to section 25 of the Naval Discipline Act 1957) shall be substituted for section 50 of the Army Act 1955 (which relates to the inaccurate certification of aircraft and aircraft material only):—
The provision set out in subsection (1) above shall also be substituted for section 50 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
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Provided that where a pilot flies an aircraft in contravention of this section on the orders of some other person who is in command of the aircraft, that other person shall be treated for the purposes of this section as having been the pilot of, and flying, the aircraft at the material time.
The said sections 52 (under which the maximum penalty for flying so as to cause annoyance is imprisonment for a term not exceeding two years) shall each be further amended so as to impose the same maximum penalty as that imposed by the said section 22, that is to say, by substituting for the words " imprisonment for a term not exceeding two years " the words " dismissal from Her Majesty's service ".
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Section 57(2) of the Army Act 1955, section 57(2) of the Air Force Act 1955 and section 38(3) of the Naval Discipline Act 1957 (power of courts-martial to deal summarily with offences committed in relation there(a) shall have effect subject to the amendments specified in subsections (2) and (3) below (being amendments enabling a court-martial held in pursuance of either of the said Acts of 1955 so to deal, as can a court-martial held in pursuance of the said Act of 1957, with all such offences, and amendments giving uniform powers of punishment to courts-martial so dealing).
In the said provisions of the Army Act 1955 and the Air Force Act 1955, the words " paragraph (e) or (f) of " shall be omitted; and, for all the words from " order the offender " to the end there shall be substituted the words " sentence the offender—
if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day's pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made),
in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid."
In the said provision in the Naval Discipline Act 1957, for all the words after " sentence " there shall be substituted the words " the offender—
if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day's pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made),
in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid."
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The following provision (being one corresponding to section 34 of the Naval Discipline Act 1957) shall be substituted for section 60 of the Army Act 1955 (injurious disclosures) :—
The provision set out in subsection (1) above shall also be substituted for section 60 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
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Section 62 of the Army Act 1955 and section 62 of the Air Force Act 1955 (falsification etc. of any service report, return, pay list or certificate or other service document) shall each be amended as follows—
the word " service " shall be omitted in each place where it occurs before the word " report " , and shall be replaced by the word " official" in each place where it occurs before the word " document ",
in paragraph (c) (with intent to defraud, failing to make any entry), for the word " defraud" there shall be substituted the word " deceive " , and
paragraph (d) (aiding and abetting etc.) shall be omitted, together with the word " or "immediately preceding that paragraph.
The following provision (being one corresponding to the provisions referred to in subsection (1) above as amended by that subsection) shall be substituted for section 35 of the Naval Discipline Act 1957 :—
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The following provision shall be inserted in the Army Act 1955 after section 63:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 63, but modified for that purpose by the substitution of " air-force law " for " military law ".
The said provision shall also be inserted in the Naval Discipline Act 1957 after that inserted in that Act by section 27 above, being numbered as section 35B of that Act, and being modified for that purpose by the substitution of " person subject to this Act " for " person subject to military law" and of " punishment authorised by this Act " for " punishment provided by this Act", and by the omission of " on conviction by court-martial ".
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The following provision shall be substituted for section 64 of the Army Act 1955 (under which an officer who behaves in a scandalous manner unbecoming the character of an officer and a gentleman is to be cashiered):—
The provision set out in subsection (1) above shall also be substituted for section 64 of the Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".
Section 36 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by substituting for the words " is guilty of cruelty or of any scandalous, fraudulent or other conduct " the words " behaves in a scandalous manner ".
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Section 68 of the Army Act 1955 (which penalises attempts to commit offences, but does not extend to the offence under section 69 of that Act of conduct etc. to the prejudice of good order and military discipline) and section 68 of the Air Force Act 1955 (which is to the like effect) shall each be amended by inserting, after the words " offence against any of the foregoing provisions of this Part of this Act " , the words " or against section 69 below ".
The following provision shall be inserted in the Army Act 1955 after the said section 68:—
The provision set out in subsection (2) above shall also be inserted in the Air Force Act 1955 after section 68, but modified for that purpose by the substitution of " air-force law " for " military law ".
The said provision shall also be substituted for section 41 of the Naval Discipline Act 1957 (which relates to aiding, abetting, counselling and procuring, but not to incitement), being numbered as section 41 of that Act, and being modified for that purpose—
in subsection (1), by the substitution of " person subject to this Act " for " person subject to military law " and the omission of " this Part of " and " or against section 69 below ", and
in subsection (2), by the substitution of " section 35 "for " section 62 ".
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Section 70 of the Army Act 1955 (trial by court-martial for civil offence) shall be amended—
by omitting the proviso to subsection (3) (under which, for an offence for which a civil court could not award imprisonment, a court-martial may impose certain service penalties greater than a fine), and
by adding after subsection (5) the following subsection (which corresponds to section 42(2) of the Naval Discipline Act 1957):—
Section 70 of the Air Force Act 1955 shall have effect subject to the like amendments, save that, in the subsection to be added thereto, " air-force law " shall be substituted for " military law ".
Section 42(1) of the Naval Discipline Act 1957 (which enables a court-martial under that Act to punish certain civil offences more severely than could a civil court) shall be amended so as to correspond with section 70(3) of the Army Act 1955 and section 70(3) of the Air Force Act 1955 as above amended, that is to say, by substituting the following for paragraph (c):—
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in the Army Act 1955 and the Air Force Act 1955, sections 40 (falsely obtaining or prolonging leave), 53 (irregular arrest and confinement), 58 (false evidence) and 67 (false accusations etc.), and
in the Naval Discipline Act 1957, section 26 (improper carriage of goods).
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The following subsection shall be substituted for subsection (3) of section 78 of the Army Act 1955 (punishments on summary dealings with offences against military law by non-commissioned officers and soldiers), and also (but modified for that purpose by the substitution of " an airman " for " a soldier " in the first paragraph (a)) for subsection (3) of section 78 of the Air Force Act 1955 (corresponding provision for offences against air-force law by non-commissioned officers and airmen):—
The following subsection shall be substituted for subsection (5) of section 79. of the Army Act 1955 (punishments on summary dealings with offences against military law by officers and warrant officers), and also for subsection (5) of section 79 of the Air Force Act 1955 (corresponding provision for offences against air-force law):—
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The following provision shall be inserted in the Army Act 1955 after section 118:—
The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 118, but modified for that purpose—
by the substitution throughout subsections (1) and (2) of that provision of " an air-force sentence of imprisonment " for " a military sentence of imprisonment " and " an air-force sentence of detention " for " a military sentence of detention ". and
by the substitution in the said subsection (2) of " the Army Act 1955 " for " the Air Force Act 1955 ".
The following subsection shall be added at the end of section 86 of the Naval Discipline Act 1957 (subsections (1) and (2) of which make provision corresponding to subsections (1) and (2) of the provision set out in subsection (1) above):—
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Section 103 of the Naval Discipline Act 1957 (arrest under warrants of naval authorities) shall be amended by adding the following subsection at the end:—
The following provisions (being provisions corresponding to section 103 of the Naval Discipline Act 1957 (as amended by subsection (1) above) and section 104 of that Act) shall be inserted in the Army Act 1955 after section 190, and also (but modified for that purpose by the substitution of " air-force custody " for " military custody " and " air forces " for " military forces" throughout subsection (3) of the provision numbered 190A) in the Air Force Act 1955 after section 190:—
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The following provision shall be inserted in the Army Act 1955, and also in the Air Force Act 1955, in each case after section 204:—
The following provision shall be inserted in the Naval Discipline Act 1957 after section 129:—
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at the end of subsection (2) (which authorises summary trial by commanding officers for any offence triable by court-martial other than an offence punishable by sentence of death) there shall be added the words " or an offence of murder ", and
in the proviso to subsection (5) (under which an officer to whom the power of summary trial is delegated may not award any punishment other than the minor punishments referred to in section 43(1)(m) of that Act) after the words " other than " there shall be inserted the words " a fine or ".
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Section 86(1) of the Army Act 1955 (under which a general court-martial may be convened by any qualified officer (meaning one not below field rank and exercising command) who is authorised in that behalf by royal warrant, or by any qualified officer under the command of a qualified officer so authorised to whom the latter has delegated his power in accordance with the warrant) shall be amended by substituting, for the words from " or by any qualified officer "to the end, the words " or by any officer to whom a qualified officer so authorised has delegated his power under the warrant, being an officer under the command of the qualified officer and not below the rank of colonel."
Section 86(1) of the Air Force Act 1955 (which is to the like effect) shall have effect subject to the like amendment, but with the substitution at the end of " group captain " for " colonel ".
In section 53 of the Naval Discipline Act 1957 (under subsections (1) and (2) of which a court-martial may be ordered by the Defence Council, by any officer of the Royal Navy authorised in that behalf by commission of the Defence Council, or by any officer on whom the command of an officer so authorised has devolved) the following subsection shall be substituted for subsection (3) (which gives limited powers of delegation to authorised officers):—; and subsection (4) of the said section 53 (as between two officers empowered to order a court-martial, power of officer of superior rank to prevail) shall cease to have effect.
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in section 103(2) of each Act (specific matters for which Rules may make provision), the following paragraph shall be inserted after paragraph (k):—;
in section 104(2)(b) of each Act (under which Rules as to the functions of a judge advocate may provide for him to determine questions of law in the absence of the members of a court-martial), after the words " questions of law " there shall be inserted the words " or of law and fact mixed ".
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in subsection (2) (specific matters for which General Orders may provide), the following paragraph shall be inserted after paragraph (a):—;
the following subsection shall be substituted for subsection (4) (under which General Orders are to have effect only if approved by Her Majesty in Council in pursuance of a report of the Judicial Committee of the Privy Council, and every Order in Council made for the purposes of that subsection is to be laid before Parliament):—
Section 6(1) of the Criminal Evidence Act 1898 (which applies that Act to all criminal proceedings, including proceedings in courts-martial) shall be amended by inserting after the words “courts-martial” the words “under the Army Act 1955 and the Air Force Act 1955, and proceedings in courts-martial and disciplinary courts under the Naval Discipline Act 1957”.
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Section 109 of the Army Act 1955 and section 109 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (5) (under which a court-martial directed by a confirming officer to revise a finding of guilty may substitute a different sentence, not being one of greater severity than the original sentence, if the court either adheres to the finding or substitutes therefor a different finding of guilty):—
Section 110 of the Army Act 1955 and section 110 of the Air Force Act 1955 shall each be amended by inserting the following subsection after subsection (2) (under which, where a confirming officer does not propose to confirm a finding of guilty and the court-martial could on the charge in question have validly made some other such finding, the confirming officer may, instead of withholding confirmation of the finding, substitute that other finding for it):—
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The following provision (being one corresponding to section 127 of the Army Act 1955 and section 127 of the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after section 82:—
Section 125(2) of the Naval Discipline Act 1957 (under which, except in the provisions there specified, references in that Act to the United Kingdom include references to the Channel Islands and the Isle of Man) shall be amended by substituting for the words " section eighty " the words " sections 80 and 82A", and by adding at the end the words " and in the said section 82A, the reference to a colony shall be construed as including a reference to the Channel Islands and the Isle of Man ".
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Section 114 of the Army Act 1955 and section 114 of the Air Force Act 1955 shall each be amended as follows—
in subsection (1) (reconsideration of sentences of imprisonment and detention by officers authorised by Defence Council: power to remit, but only for good conduct), for all the words after " Defence Council" there shall be substituted the words " ; and an officer reconsidering any sentence by virtue of this subsection may by order remit the sentence in whole or in part. ", and
subsection (2) (duty to reconsider periodically) shall be omitted.
Section 120 of the Army Act 1955 and section 120 of the Air Force Act 1955 (suspension of sentences of imprisonment and detention) shall each be amended by adding at the end of subsection (7) (person whose sentence suspended to be released from custody) the words " and a sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this subsection at the expiry of one year from the date on which the suspension took effect " ; and the following subsection shall be added to section 92 of the Naval Discipline Act 1957 after subsection (2) (under which suspended sentences are to be reconsidered periodically, and may on reconsideration be remitted for good conduct):—
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in subsection (1) (under which, where a person is acquitted or convicted of an offence by a court-martial or disciplinary court or on summary trial, a civil court is debarred from trying him for the same, or substantially the same, offence), immediately before the words " a civil court" there shall be inserted the words " or has had an offence committed by him taken into consideration by a court-martial or disciplinary court in sentencing him ", and
in subsection (2) (under which, where a person is acquitted or convicted of an offence by a civil court, wherever situated, he cannot be tried under the Act for the same, or substantially the same, offence, and a person so convicted is not to lose any seniority, privilege etc. by reason of the conviction or the offence), after the words " wherever situated " there shall be inserted the words " or has had an offence committed by him taken into consideration when being sentenced by a civil court in the United Kingdom ", and for the words " so convicted " there shall be substituted the words " who has been so convicted or has had an offence committed by him so taken into consideration ".
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Section 186 of the Army Act 1955 and section 186 of the Air Force Act 1955 (which confer special powers of arrest in respect of persons suspected of desertion or absence without leave, and, by subsection (4), require any person arrested under those powers to be brought before a court of summary jurisdiction) shall each be amended by inserting the following subsection after the said subsection (4):—
The following subsection shall be inserted after subsection (4) of section 187 of the Army Act 1955 (proceedings where person brought before court of summary jurisdiction as illegally absent), and also (but modified for that purpose by the substitution of " regular air force " for " regular forces ") after subsection (4) of section 187 of the Air Force Act 1955:—
Section 189(3) of the Army Act 1955 and section 189(3) of the Air Force Act 1955 (certain certificates of arrest or surrender of deserters and absentees to be evidence of matters therein stated in proceedings for offences under sections 37 and 38) shall each be amended by inserting the following paragraph after paragraph (a):—.
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The following provisions (being provisions corresponding to sections 199 and 200 of the Army Act 1955 and the Air Force Act 1955) shall be inserted in the Naval Discipline Act 1957 after the provision inserted therein as section 129A by section 45(2) of this Act:—
Paragraph 1 of Schedule 1 to the Courts-Martial (Appeals) Act 1968 (under which, where the record of any evidence given before a naval court-martial may be read as evidence on a retrial, it may be so read without further proof if it is produced from the custody of the Defence Council) shall be amended by substituting for the words " if it is produced from the custody of the Defence Council " the words " if it forms part of the original proceedings of the original court-martial or a copy thereof and those proceedings are, or that copy is, admissible as evidence under section 129C of the Naval Discipline Act ".
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Section 150(1) of the Army Act 1955 and section 150(1) of the Air Force Act 1955 (deductions from pay in respect of maintenance orders and legal aid contribution orders) shall each be amended by omitting paragraph (d) (legal aid contribution orders), and the following provision shall be inserted in each Act after section 151 (but, in the case of the Air Force Act 1955, modified by the substitution throughout of " regular air force " for " regular forces "):—
The following subsection shall be substituted for subsection (1) of section 152 of the Army Act 1955 and subsection (1) of section 152 of the Air Force Act 1955 (under which deductions under sections 150 and 151 of those Acts must not together exceed a specified proportion of pay):—; and section 152(2) of each Act (effect of deductions under sections 150 and 151 on forfeitures) shall be amended by, substituting, for the words " under either of the two last foregoing sections the words "under section 150, 151 or 151A above. "
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The following provisions (which correspond respectively to the following sections of the Army Act 1955 and the Air Force Act 1955, that is to say, section 144, section 146, section 147, section 149 and the new section 151A set out in section 59(1) above) shall be inserted in the Naval Discipline Act 1957 after section 128:—
In consequence of the provision set out in subsection (1) above as section 128E, section 1(1) of the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 shall be amended by omitting paragraph (c) (deductions in respect of legal aid contribution orders) and the proviso to that subsection (limit on deductions).
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Section 153 of the Army Act 1955 and section 153 of the Air Force Act 1955 (rules for service of process in maintenance proceedings where the defendant is a member of the regular forces or, as the case may be, of the regular air force) shall each be amended as follows—
subsection (2) (service of process for a hearing more than twenty miles away to be of no effect unless travelling expenses are paid) shall be omitted, and
at the end there shall be added the following subsection:—.
Section 101 of the Naval Discipline Act 1957 (rules for service of process in maintenance proceedings where the defendant is subject to that Act) shall be amended by omitting subsection (3) (service of process for a hearing more than twenty miles away to be of no effect unless travelling expenses are paid).
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The following subsection shall be substituted for subsection (5) of section 2 of the Army Act 1955 and also for subsection (5) of section 2 of the Air Force Act 1955 (under which the " appropriate minimum age " , being the age below which a person may not be enlisted without certain consents, means the age of seventeen years and six months or, in such classes of case as may be prescribed, the age of seventeen years):—.
Section 9(3) of the Armed Forces Act 1966 (which defines " appropriate minimum age " similarly for the purposes of entry into the Royal Navy) shall be amended so as to correspond with the provision set out in subsection (1) above, that is to say, by substituting for the words from " the age of seventeen years and six months " to the end the words " the age of eighteen or, in a case falling within any class for which a lower age is for the time being prescribed by regulations of the Defence Council, that lower age ".
Paragraph 9 of Schedule 7 to the Army Act 1955 (which substitutes references to the age of 17 for references to the appropriate minimum age in Part I of that Act as it applies to marines) shall cease to have effect.
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Regulations made under section 2 of the Armed Forces Act 1966 and conferring, subject to any conditions and restrictions specified in the regulations, a right on persons enlisted in the regular army to claim their discharge within a specified time after attestation may repeal section 14 of the Army Act 1955 (which also confers such a right) together with the enactments amending that section; and regulations under the said section 2 making the like provision with respect to persons enlisted in the regular air force may repeal section 14 of the Air Force Act 1955 and the enactments amending that section.
In section 2 of the Navy, Army and Air Force Reserves Act 1964 (liability of certain former soldiers to recall for service), in subsection (1)(b) (no liability in the case of persons discharged under section 14 of the Army Act 1955), the reference to section 14 of the Army Act 1955 shall include a reference to regulations under section 2 of the Armed Forces Act 1966 conferring a right to discharge by purchase.
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The following provision shall be substituted for section 130 of the Naval Discipline Act 1957 (under which a Person subject to that Act may complain of oppression, injustice or other ill-treatment to the authority specified for that purpose by Queen's Regulations, and, if dissatisfied, may carry the complaint to the next superior authority, and so on):—.
Section 181 of the Army Act 1955 and section 181 of the Air Force Act 1955 (complaints by warrant officers and below) shall each be amended as follows—
in subsection (2) (under which a person who has complained to his commanding officer and has not received satisfactory redress, or who thinks himself wronged by his commanding officer for any other reason, may complain to a superior officer under whom he is serving), for all the words from " he may make a complaint with respect thereto " to the end there shall be substituted the words " he may, in accordance with the procedure laid down in Queen's Regulations, make a complaint with respect thereto to the Defence Council ", and
in subsection (3) (duty of a commanding or other officer to have any complaint received by him investigated, and to give any redress appearing to him to be necessary), for the words " a commanding or other officer " there shall be substituted the words " a commanding officer or, as the case may be, the Defence Council ", and the words " or them " shall be inserted after the words " by him " and after the words " to him ".
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At any time when section 154 of the Army Act 1955 (issue of billeting requisitions by military officers having a command in the United Kingdom) is in operation by virtue of an order of the Secretary of State under section 174 of that Act, a billeting requisition may be issued under this subsection by any flag officer having a command in the United Kingdom; and at any time when section 165 of that Act (issue of requisitioning orders by military officers having a command as aforesaid) is so in operation, any such flag officer as aforesaid may issue a requisitioning order under this subsection.
For the purposes of Part IV of the said Act of 1955, a billeting requisition or requisitioning order issued under subsection (1) above shall have effect as if issued under the said section 154 or, as the case may be, the said section 165 ; but, in relation to any such requisition or order, the said Part IV and Schedule 4 to that Act shall have effect subject to such adaptations as the Defence Council may by regulations prescribe, being adaptations appearing to the Defence Council necessary for adapting the said Part IV and Schedule to the naval forces.
The Naval Billeting &c. Act 1914 (under which the issue of a billeting requisition or requisitioning order by naval officers depends upon the existence of a proclamation calling out the naval reserves) shall cease to have effect; and in sections 32(a), 33(1)(a) and 33(2)(a) of the Naval Discipline Act 1957 (which relate to billeting and requisitioning offences) for the words "issued by virtue of subsection (1) of section 1 of the Naval Billeting &c. Act 1914" there shall be substituted the words " issued under section 67(1) of the Armed Forces Act 1971 ".
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Section 15(1) of the Army Reserve Act 1950 and section 15(1) of the Air Force Reserve Act 1950 (which relate to deserters from the army reserve and the air force reserve respectively) shall each be amended so as to correspond with section 192(1) of the Army Act 1955 and section 192(1) of the Air Force Act 1955 (which relate to deserters from the regular forces), that is to say, by substituting the following paragraph for paragraph (c) (offence of concealing, employing, or assisting in the rescue of, a known deserter):—.
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Section 27(2) of the Auxiliary Forces Act 1953 (which relates to deserters from the Territorial Army and the Royal Auxiliary Air Force) shall also be amended so as to correspond with the provisions of the Acts of 1955 above referred to, that is to say, by substituting the following paragraph for paragraph (c):—
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Section 204 of the Army Act 1955, section 204 of the Air Force Act 1955 and section 10 of the Emergency Laws (Miscellaneous Provisions) Act 1953 (under which certain military, air-force and naval officers may take affidavits and declarations abroad, but only from persons belonging to or connected with the same .service) shall have effect subject to the amendments specified in subsections (2) to (4) below (being amendments extending those sections, so that an officer of one service may take affidavits and declarations from persons belonging to or connected with another service).
The following subsection shall be added at the end of the said section 204 of the Army Act 1955:—.
The following subsection shall be added at the end of the said section 204 of the Air Force Act 1955:—.
The following subsection shall be added at the end of the said section 10 of the Emergency Laws (Miscellaneous Provisions) Act 1953 :—.
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The following provision (which corresponds to section 117 of the Naval Discipline Act 1957) shall be inserted in the Army Act 1955 after section 208, and also (but modified for that purpose by the substitution of " air-force law " for " military law " and " military law " for " air-force law ") in the Air Force Act 1955 after section 208 :—.
Section 209 of the Army Act 1955 and section 209 of the Air Force Act 1955 (application of those Acts to civilians) shall each be amended by adding the following subsection at the end:—.
The Courts-Martial (Appeals) Act 1968 (under which appeals to the Courts-Martial Appeal Court are confined to appeals against conviction) shall be amended in accordance with subsections (2) and (3) below.
In section 8—
at the end of subsection (1) (which confers the right of appeal) there shall be added the words “and, if he was a civilian (as defined in subsection (5) below) both at the time of his conviction and when the offence was committed, may also with the leave of the Court appeal against his sentence, unless it is one fixed by law”, and
the following subsection shall be added after subsection (4)—
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The provisions of Schedule 2 to this Act shall have effect, being provisions making in the said Act of 1968 and the other enactments there specified amendments consequential on, or otherwise connected with, the preceding provisions of this section.
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The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments connected with the introduction of the naval rate, and the marine rank, of warrant officer.
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The enactments specified in Schedule 4 to this Act (Part II of which includes certain enactments which are spent) are hereby repealed to the extent specified in column 3 of that Schedule.
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This Act may be cited as the Armed Forces Act 1971.
Except so far as the context otherwise requires, any reference in this Act to any other enactment is a reference to that enactment as amended by or under any subsequent enactment, including an enactment contained in this Act.
This Act, except section 1 and this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, but subject to the qualifications specified in subsection (4) below.
The said qualifications are as follows:—
the following provisions of this Act, that is to say, Part II, section 69, Schedule 1 and Part I of Schedule 4, shall not have effect in relation to any act or omission occurring before the date appointed under subsection (3) above, and, in particular, shall not affect the operation of any enactment in force immediately before that date in relation to any offence against any such enactment committed, or partly committed, before that date;
the provisions to become sections 128B and 128C of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act shall apply only to sums payable under sentences and orders awarded or made in respect of offences committed on or after the date appointed under subsection (3) above, or, as the case may be, to loss or damage occasioned by acts and omissions occurring on or after that date;
the provision to become section 129D of the Naval Discipline Act 1957 by virtue of section 65 of this Act shall apply only to desertions beginning on or after the date appointed under subsection (3) above, and the amendment of section 75(1) of that Act effected by section 60 of this Act and Part II of Schedule 4 shall have effect only in relation to absences so beginning.
Section 59 of this Act, the provision to become section 128E of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act, and section 61(2) of this Act, shall each apply to liabilities arising before, as well as after, the date appointed under subsection (3) above.
Section 43.
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Section 73.
The Courts-Martial (Appeals) Act 1968 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 34, the words “under subsection (1) above” shall be substituted for the words “this section” in subsection (2), and the following subsection shall be added after subsection (3):—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 75.
Section 2 of the Naval and Marine Pay and Pensions Act 1865 shall be amended by inserting, in the definition of “seaman or marine” the words “warrant officer” immediately before the words “petty officer”, and the words “warrant or” immediately before the words “non-commissioned officer”.
In section 5 of the Greenwich Hospital Act 1865, immediately before the words “non-commissioned officers”, in both places where they occur, there shall be inserted the words “warrant officers”.
Section 2 of the Navy and Marines (Property of Deceased) Act 1865 shall be amended by inserting, in the definition of “seaman or marine”, the words “warrant officer” immediately before the words “petty officer” in both places where they occur, and the words “warrant or” immediately before the words “non-commissioned officer”.
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Section 77(1)
Chapter Short Title Extent of Repeal 3 & 4 Eliz. 2. c. 18. The Army Act 1955. In section 31(1)(a), the words " involving the use of violence or the threat of the use of violence, or"; and in section 31(3), the words from " and in this section " to the end. Sections 40 and 41. In section 43(1), the proviso. Section 53. In section 57(2), the words " paragraph (e) or (f) of". Section 58. In section 62, in paragraphs (a) and (b), the word " service" in each place where it occurs before the word " report", paragraph (d), and the word " or" immediately preceding that paragraph. Section 67. In section 69, the word " act". In section 70(3), the proviso. Section 75(3). In section 81, subsection (3) and paragraph (a) of subsection (4). In section 118(1), the words " or a sentence of field punishment ". In section 120(5), the proviso. In section 135(5), the words " for an offence against section fifty-eight of this Act or ". In section 138(1), the words " fraudulently misapplying it ". In section 145(2)(a), the words " disobedience to orders or ". In section 152(2), the words " by or". In section 211, subsection (3) and, in subsection (4), the words " Paragraph (b) of subsection (2) of section thirty-seven ". In section 213, paragraph (b). In Schedule 3, in paragraph 1, the words "either with intent to assist the enemy or without authority "; and paragraphs 5 and 8. In Schedule 6, paragraph 1(2); and, in paragraph 1(3), the words from " references to cashiering " to " Her Majesty's service " and all the words after " Naval Discipline Act ". In Schedule 7, paragraphs 12 and 12A. 3 & 4 Eliz. 2. c. 19. The Air Force Act 1955. In section 31(1)(a), the words " involving the use of violence or the threat of the use of violence, or "; and in section 31(3), the words from " and in this section " to the end. Sections 40 and 41. In section 43(1), the proviso. Section 53. In section 57(2), the words " paragraph (e) or (f) of". Section 58. In section 62, in paragraphs (a) and (b), the word " service" in each place where it occurs before the word " report", paragraph (d), and the word " or " immediately preceding that paragraph. Section 67. In section 69, the word " act". In section 70(3), the proviso. Section 75(3). In section 81, subsection (3) and paragraph (a) of subsection (4). In section 118(1), the words " or a sentence of field punishment". In section 120(5), the proviso. In section 135(5), the words " for an offence against section fifty-eight of this Act or ". In section 138(1), the words " fraudulently misapplying it ". In section 145(2)(a), the words " disobedience to orders or ". In section 152(2), the words " by or ". In section 210, subsection (3) and, in subsection (4), the words " Paragraph (b) of subsection (2) of section thirty-seven ". In section 211, paragraph (b). In Schedule 3, in paragraph 1, the words " either with intent to assist the enemy or without authority"; and paragraphs 5 and 8. In Schedule 6, paragraph 1(2); and, in paragraph 1(3), the words from "references to cashiering " to " Her Majesty's service " and all the words after " Naval Discipline Act ". 5 & 6 Eliz. 2. c. 53. The Naval Discipline Act 1957. Section 9(1)(a), and, in section 9(2), the words " for any term ". In section 10, the words " for any term ". In section 13(a), the words " or quarrels ". In section 14, the word " wilfully " (twice). In section 16(1), the words "for any term ", and subsection (3). In section 17, in subsection (1), the words " without being guilty of desertion" and the words " or place of duty"; and subsection (2). In section 19, paragraph (b) and the word " or " immediately preceding that paragraph, and the words " for any term ". In section 20(a), the words " for any term ". Section 26. In section 39, the words " not described in the foregoing provisions of this Act". In section 47(2), the words "or place of duty ". In section 76(1), the words " fraudulently misapplying it". In section 97(1), in paragraphs (a) and (c), the words "or place of duty ". In section 109(3)(a), the words " or place of duty ". In section 122(2), the words " paragraph (b) of section twelve ". In Schedule 2, paragraphs 1 and 2. In Schedule 4, paragraph 2. In Schedule 5, the entry relating to Schedule7 to the Army Act 1955. 9 & 10 Eliz. 2. c. 52. The Army and Air Force Act 1961. In section 13(1), the words from " or that subsection " to " of that Act". Sections 18 to 20. Sections 31 to 34. In Schedule 2, the entries relating to section 37(3) of the Army Act 1955 and section 37(3) of the Air Force Act 1955. 1966 c. 45. The Armed Forces Act 1966. Section 8(2). In section 15(7), the words " 53 and " (twice). Sections 21 and 22. Section 27(1). In section 28(1), the words from " 37(2)(b) " to " engagement) and ". Section 32. 1968 c. 60. The Theft Act 1968. In Part II of Schedule 2, the entries relating to sections 44(1)(b) and 45(b) of the Army Act 1955; in the entry relating to the Air Force Act 1955 the words " 44, 45 " and the words from "except" to the end; and the entry relating to section 29(b) of the Naval Discipline Act 1957.
Chapter Short Title Extent of Repeal 28 & 29 Vict. c. 73. The Naval and Marine Pay and Pensions Act 1865. In section 2, in the definition of " officer ", the words " warrant, or subordinate " and the words " or assistant engineer ". 28 & 29 Vict. c. 111. The Naval and Marines (Property of Deceased) Act 1865. In section 2, in the definition of " officer ", the words " warrant, or subordinate " and the words " or assistant engineer ". 4 & 5 Geo. 5. c. 70. The Naval Billeting &c. Act 1914. The whole Act. 10 & 11 Geo. 6. c. 24. The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947. In section 1, paragraph (c) and the proviso. 14 Geo. 6. c. 32. The Army Reserve Act 1950. Section 15(3). 14 Geo. 6. c. 33. The Air Force Reserve Act 1950. Section 15(3). 1 & 2 Eliz. 2. c. 50. The Auxiliary Forces Act 1953. Section 27(4). 3 & 4 Eliz. 2. c. 18. The Army Act 1955. In section 113(5)(c), the words " valid for invalid ". Section 114(2). Section 120(8). Section 150(1)(d). Section 152(3). Section 153(2). In Schedule 7, paragraph 9. 3 & 4 Eliz. 2. c. 19. The Air Force Act 1955. In section 113(5)(c), the words " valid for invalid ". Section 114(2). Section 120(8). Section 150(1)(d). Section 152(3). Section 153(2). 3 & 4 Eliz. 2. c. 20. The Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955. In Schedule 2, paragraph 6, paragraph 13(8), paragraph 14 (8), and, in paragraph 18(4), the words from " in subsection (4) " to the end. 5 & 6 Eliz. 2. c. 53. The Naval Discipline Act 1957. In section 53, subsection (4); and, in subsection (5), the words " notwithstanding anything in subsection (4) of this section and ". Section 72(2). In section 75(1), the words from " and has " to " one month ". Section 85(3). Section 101(3). 9 & 10 Eliz. 2. c. 52. The Army and Air Force Act 1961. Section 23. 1966 c. 30. The Reserve Forces Act 1966 In section 21(1), in the definition of "man", the words "(except in relation to the marine forces) ". 1970 c. 31. The Administration of Justice Act 1970. In section 43(5), the words " by the Courts-Martial Appeal Court" and the words from " in pursuance " to " subsection (6) below "; and subsection (6).