Feuillet d'information de la L’Assemblée parlementaire de l’OSCE
The Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 shall, instead of expiring at the end of the year 1976, continue in force until 31st August 1977, and shall then expire unless continued in force in accordance with the following provisions of this section.
Subject to subsection (3) 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 not exceeding twelve months beyond the day on which it would otherwise expire.
No Order in Council shall be made under subsection (2) above so as to continue any of the said Acts beyond the end of the year 1981.
No recommendation shall be made to Her Majesty in Council to make an order under subsection (2) 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Section 1 of the Armed Forces Act 1971 shall be repealed at the end of the year 1976.
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The amendments specified in Part I of Schedule 1 to this Act shall have effect for the purpose of applying certain enactments to the Royal Marines.
The amendments specified in Part II of that Schedule shall have effect for the purpose of applying certain enactments to warrant officers of the Royal Marines.
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The maximum period of detention that may be awarded to a soldier or airman by his commanding officer under section 78 of the Army Act 1955 or section 78 of the Air Force Act 1955 shall be 60 days; and accordingly, in subsection (3)(a) of section 78 of each Act, for the word " twenty-eight" there shall be substituted the word " 60 ".
The maximum amount of a fine that may be awarded for an offence, whether or not committed on active service,— shall not exceed the amount of the offender's pay for 28 days.
by virtue of section 78 of the Army Act 1955 or section 78 of the Air Force Act 1955 (without prejudice to paragraph (b) of the second proviso to subsection (3) of each section (fines for civil offences)), or
to an officer (below the rank of lieutenant-colonel or wing-commander), or to a warrant officer, by virtue of section 79 of either Act (under which there is the same maximum),
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Courts may be established for the trial outside the United Kingdom of persons (in this section and section 7 below referred to as " civilians ") to whom Part II of the Army Act 1955 or Part II of the Air Force Act 1955 is applied by section 209 of either Act (including persons to whom Part II of either Act applies by virtue of section 131 (persons treated as continuing to be subject to Part II for purposes of trial and punishment of offences)).
Courts established under this section shall be known as Standing Civilian Courts.
The Secretary of State, with the approval of the Lord Chancellor, may by order direct that any area specified in the order shall be an area for which trials may be directed to be held before Standing Civilian Courts for offences committed in that area or elsewhere.
The Lord Chancellor shall appoint such number of the assistants to the Judge Advocate General appointed under section 30 of the Courts-Martial (Appeals) Act 1951 as he considers necessary to sit as magistrates in Standing Civilian Courts.
Subject to subsections (12) and (13) below, a trial held by virtue of this section shall be before such a magistrate.
The Secretary of State may direct such authority as appears to him to be appropriate in relation to an area for which trials may be directed to be held before Standing Civilian Courts to draw up and from time to time add to a panel of persons whom the authority considers suitable to act as assessors in trials before such courts under subsection (12) below.
If the Secretary of State is satisfied, after consultation with the Lord Chancellor, that there are in any area for which trials may be directed to be held before Standing Civilian Courts sufficient persons suitably qualified by training and experience to sit as members of Standing Civilian Courts, he may by order direct that subsection (13) below shall have effect in relation to trials before Standing Civilian Courts for that area.
If an order is made under subsection (7) above, the Secretary of State, with the approval of the Lord Chancellor, shall draw up and from time to time add to a panel of persons qualified as mentioned in that subsection to sit as members of Standing Civilian Courts for the area specified in the order.
Each member of a panel under subsection (6) or (8) above shall be—
a civilian, or
an officer of the Royal Navy, the regular forces or the regular air force as defined respectively in the Army Act 1955 and the Air Force Act 1955), Queen Alexandra's Royal Naval Nursing Service, or the Women's Royal Naval Service.
A person shall cease to be a member of such a panel if he ceases—
to be a person such as is mentioned in subsection (9) above, or
to reside in the area for which the panel is drawn up.
The Secretary of State may, if he thinks fit, remove a member of a panel under subsection (6) or (8) above from that panel on the ground of incapacity or misbehaviour, but shall not exercise the power conferred by this subsection in relation to a member of a panel under subsection (8) above without the approval of the Lord Chancellor.
For a trial where the person, or every person to be tried was under 17 years of age at the date of the alleged commission of the offence for which he is to be tried, and in relation to which subsection (13) below does not have effect, not more than two members of the appropriate panel under subsection (6) above may sit with the magistrate as assessors.
If this subsection applies, the court for such a trial shall consist of a magistrate and not more than two members of the appropriate panel under subsection (8) above.
The magistrate for any sitting or succession of sittings of a Standing Civilian Court shall be specified by or on behalf of the Judge Advocate General.
The persons to sit as assessors or members of the court under subsection (12) or (13) above shall be specified for a trial or succession of trials by the authority who directs the trial or trials to be held.
Any power to make an order under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 3 to this Act shall have effect.
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The offences for which a civilian may be tried by a Standing Civilian Court are offences committed outside the United Kingdom for which a court-martial may try a civilian, other than—
any offence under section 57 of the Army Act 1955 or the Air Force Act 1955 (offences in relation to courts), and
any offence under section 70 of either of those Acts constituted by the commission of an offence which, if the person charged were alleged to have committed it in England or Wales, a magistrates' court would be unable to try.
No person may be tried by a Standing Civilian Court if he or any person jointly charged with him elects to be tried by court-martial in accordance with the provisions of this Act or of any order made under this Act.
Subject to subsection (4) below, no person shall be tried by a Standing Civilian Court unless the trial is begun within three years after the alleged commission of the offence with which he is charged.
No person shall be tried for an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 in any case where proceedings for the corresponding civil offence must be brought within a limited time, unless the trial is begun within that time.
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Subject to subsection (3) below and to section 71A of the Army Act 1955 and section 71A of the Air Force Act 1955, the punishments which may be awarded by sentence of a Standing Civilian Court are—
imprisonment for a term not exceeding six months ; and
a fine not exceeding £400.
Such a court may award consecutive terms of imprisonment, provided that their aggregate does not exceed 12 months.
Where a person is found guilty by a Standing Civilian Court of an offence under section 70 of the Army Act 1955 or of the Air Force Act 1955 (civil offences) the court may not award a term of imprisonment or impose a fine which a magistrates' court in England or Wales could not award or impose for the corresponding civil offence.
Without prejudice to any of the other powers of a court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or of a Standing Civilian Court under this section—
on the trial of a person to whom the Schedule inserted in the Army Act 1955 and the Air Force Act 1955 by Schedule 4 below applies, a court-martial or Standing Civilian Court shall have the powers specified in the Schedule so inserted ; and
on the trial of a person to whom that Schedule as inserted in the Naval Discipline Act 1957 by Schedule 4 below applies, a court-martial shall have the powers specified in the Schedule as so inserted.
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After paragraph (f) of section 209(3) of the Army Act 1955 and section 209(3) of the Air Force Act 1955 (modifications of Acts in relation to civilians) there shall be inserted the following paragraphs:—.
After section 118(3) of the Naval Discipline Act 1957 there shall be inserted the following subsection:—.
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The following section shall be inserted after section 71 of the Army Act 1955 and section 71 of the Air Force Act 1955:—.
The said section shall also be inserted after section 43 of the Naval Discipline Act 1957, and shall have effect as section 43A of that Act but with substitution in subsection (5)—
of the word " authorised " for the word " provided ", and
of the words " 43(3) and (4) " for the words " 71(3) and (4)".
Accordingly—
in section 70(3) of the Army Act 1955 and section 70(3) of the Air Force Act 1955 (civil offences), there shall be inserted at the beginning the words " Subject to section 71A below, ";
in section 71(1) of each of those Acts (punishments available to courts-martial) after the word " section " there shall be inserted the words " and section 71A below ";
in section 42(1) of the Naval Discipline Act 1957 (civil offences), after the word " shall " there shall be inserted the words " subject to section 43A below "; and
in section 43(1) of that Act (punishments which may be awarded) after the word " section" there shall be inserted the words " and section 43A below ".
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In section 93(1) of the Army Act 1955 and section 93(1) of the Air Force Act 1955 (administration of oaths):—
after the word " person " there shall be inserted the words " , other than an exempted person, "; and
the words " shorthand writer " shall cease to have effect.
The following subsection shall be added after each of those subsections:—.
In section 60(1) of the Naval Discipline Act 1957 (administration of oaths) the words " for the purpose of reporting or transcribing the proceedings or " shall cease to have effect.
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In sections 93 and 94 of the Naval Discipline Act 1957 (offences by civilians of spying and seduction from duty in ships or naval establishments outside Her Majesty's Dominions) for the words " Her Majesty's Dominions " there shall be substituted the words " the United Kingdom and Colonies ".
In sections 96, 97(1) and 98(1) of that Act (offences relating to desertion etc. and to purchase of naval property) for the words " Her Majesty's Dominions " there shall be substituted the words " the United Kingdom ".
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In the application of section 2 of the Rehabilitation of Offenders Act 1974 (by virtue of which that Act extends to persons found guilty in Service disciplinary proceedings) to persons to whom Part II of the Army Act 1955 or the Air Force Act 1955 is applied by section 209 of either of those Acts, or to whom Parts I and II of the Naval Discipline Act 1957 are applied by section 118 of that Act, subsections (2) to (4) shall be omitted.
Subject to subsection (1) above, the said section shall have effect in relation to persons found guilty in proceedings before Standing Civilian Courts and in relation to orders made under Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or under Schedule 4A to the Naval Discipline Act 1957.
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In subsections (1) and (5) of section 151 of the Army Act 1955 and in subsections (1) and (5) of section 151 of the Air Force Act 1955 (power to order deductions from pay for maintenance of wife or child, qualified, in relation to children, by reference to the age of sixteeen) for the word " sixteen " wherever it occurs, there shall be substituted the word " seventeen ".
In subsection (1) of each of those sections after the word " seventeen " inserted by subsection (1) above there shall be inserted the words " or that such a child of his is in care ".
The following subsection shall be added after each of those subsections:—.
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In section 1 of the House of Commons Disqualification Act 1975 and section 1 of the Northern Ireland Assembly Disqualification Act 1975 (each of which disqualifies holders of certain offices and places)—
the words “or the Ulster Defence Regiment" shall be added at the end of subsection (1)(c), and
the following definition shall be substituted for the definition of “regular armed forces of the Crown" in subsection (3) of the former section and subsection (3) of the former section and subsection (2) of the latter, namely— “ “regular armed forces of the Crown” means the Royal Navy, the regular forces as defined by section 225 of the Army Act 1955, the regular air force as defined by section 223 of the Air Force Act 1955, Queen Alexandra’s Royal Naval Nursing Service and the Women’s Royal Naval Service. ”
The Secretary of State shall continue to apply the income of the Travers Foundation property, after deducting the necessary and proper expenses of management, in granting such pensions to qualified officers, and under such conditions, as Her Majesty may from time to time by Order in Council direct; and all such pensions shall continue to be distinguished as Travers pensions.
Subject to subsection (1) above, the Secretary of State shall apply the income of the Travers Foundation property for the general purposes of the Greenwich Hospital Acts 1865 to 1967.
The Greenwich Hospital Acts 1865 to 1967 shall have effect as if the said property were property which vested in the Admiralty by virtue of the Greenwich Hospital Act 1865, and the capital and revenue of the property were capital and revenue of Greenwich Hospital, except that the accounts of the property shall be kept distinct from the general accounts of Greenwich Hospital, and be shown separately in any statement rendered to Parliament under the Greenwich Hospital Acts 1865 to 1967.
The rents and profits of the lands which vested in the Admiralty by virtue of the Greenwich Hospital Act 1865 and the Naval Knights of Windsor (Dissolution) Act 1892 shall continue to be paid, either with or without deductions of the necessary and proper expenses of management of those lands, and of other necessary and proper outgoings in respect of them, into the Bank of England to the cash account of Her Majesty’s Paymaster General, who shall carry them to the Greenwich Hospital Income Account and to the account mentioned in subsection (3) above respectively.
In this section—
“the Travers Foundation property” means the property which was transferred to the Admiralty by the Naval Knights of Windsor (Dissolution) Act 1892 and from them to the Secretary of State by the Defence (Transfer of Functions) Act 1964.
“qualified officers” means retired officers of the rank of lieutenant in the Royal Navy, or officers of the Royal Navy who have retired from the active list of lieutenants with the rank of commander in the Royal Navy; and
" the Travers Foundation property " means the property which was transferred to the Admiralty by the Naval Knights of Windsor (Dissolution) Act 1892 and from them to the Secretary of State by the Defence (Transfer of Functions) Act 1964.
This Act may be cited as the Armed Forces Act 1976.
Section 21 above may be cited together with the Greenwich Hospital Acts 1865 to 1967 as the Greenwich Hospital Acts 1865 to 1976.
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.
Any power to make an order conferred by any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.
The minor and consequential amendments specified in Schedule 9 to this Act shall have effect.
The enactments specified in Schedule 10 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.
The following provisions of this Act shall come into force on the day this Act is passed, namely— section 1; section 10; section 17(1); section 20(a); section 21; subsections (1) to (4) and (7) to (9) of this section; subsection (5) of this section so far as it relates to paragraphs 4, 11 and 20(2), (4) and (5) of Schedule 9; and subsection (6) of this section so far as it relates to the repeal of the following, namely— the Naval Knights of Windsor (Dissolution) Act 1892, section 1 of the Armed Forces Act 1971, section 10(4) of the House of Commons Disqualification Act 1975, and section 5(3) of the Northern Ireland Assembly Disqualification Act 1975.
Subject to subsection (7) above, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (8) above—
may appoint different days for different provisions and for different purposes; and
may make savings from the effect of any provision which it brings into force.
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the reference to a court-martial in subsection (1) included a reference to a Standing Civilian Court; and
the following subsection were substituted for subsection (9):.
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in section 99(1) of the Army Act 1955 and section 99(1) of the Air Force Act 1955 (rules of evidence) after the word " shall", in the first place where it occurs, there shall be inserted the words " , subject to section 99A below, "; and
in section 12 of the Criminal Justice Act 1967 (application of provisions about evidence to courts-martial) for the words " the three last foregoing sections shall apply to such proceedings " there shall be substituted the following paragraphs :—.
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in subsection (4) of the words " such manner as may be prescribed by regulations of the Defence Council" for the words " the prescribed manner " ; and
in subsection (6) of " IV " for " III" in both places where it occurs.
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Section 22.
In section 6(1) of the Criminal Evidence Act 1898 after the words “1957" there shall be inserted the words “and in Standing Civilian Courts established under the Armed Forces Act 1976".
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in subsection (7), for the words " Minister of Home Affairs " there shall be substituted the words " Department of Health and Social Services " and for the words from " county inspector" onwards there shall be substituted the words " chief superintendent of the Royal Ulster Constabulary or any other officer having a rank equivalent to chief superintendent "; and
in subsection (8) for the words from " six" onwards there shall be substituted the words " 75 of the Road Traffic Act (Northern Ireland) 1970 or any corresponding enactment for the time being in force in Northern Ireland ".
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in paragraph 1 for the words from " and paragraphs " to the end there shall be substituted the words " and in relation to such persons—
paragraphs (e) to (m) of section 43(1) above shall be omitted; and
paragraph 15 of Schedule 4A below shall have effect in substitution for the words in that subsection from " and references in this Act " to the end." ; and
the following paragraph shall be added after paragraph 4:—.
In section 89(1) of the Criminal Justice Act 1967 (false written statements tendered in evidence) after the word “Act" there shall be inserted the words “or in proceedings before a court-martial by virtue of the said section 9 as extended by section 12 above or by section 99A of the Army Act 1955 or section 99A of the Air Force Act 1955".
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In section 33(4)(b) of the Treatment of Offenders Act (Northern Ireland) 1968 after the words “court-martial" there shall be inserted the words “or a Standing Civilian Court established under the Armed Forces Act 1976".
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In subsection (1) of section 2 of the Rehabilitation of Offenders Act 1974 after the word “awarded" there shall be inserted the words “or order made by virtue of Schedule 5A to the Army Act 1955 or to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The following paragraph shall be inserted after subsection (5)(b) of that section:—. In paragraph (d) of section 5(1) of that Act (sentences excluded from rehabilitation) at the end of the paragraph there shall be inserted the words “or a corresponding court-martial punishment". The following subsection shall be inserted after that subsection:—.
The following entries shall be made in Table B in subsection (2) of section 5 of that Act (rehabilitation periods for particular sentences):— The following paragraphs shall be added after subsection (5)(f) of that section:—. The following subsection shall be inserted after subsection (10) of that section:—
In Article 2(2) of the Treatment of Offenders Ireland) Order 1976, in the definition of “court" after the words “court-martial" there shall be inserted the words “ or a Standing Civilian Court established under the Armed Forces Act 1976".
Section 22. Chapter Short Title Extent of Repeal 55 & 56 Vict. c. 34. Naval Knights of Windsor (Dissolution) Act 1892. The whole Act. 4 Eliz. 2. c. 18. The Army Act 1955. In section 17(2), the words “except those relating to discharge by purchase)". In section 78(3), in the second proviso, in paragraph (a), the words “fourteen days or, where the offence was committed on active service," and in paragraph (b)(i), the words “fourteen days or, where the civil offence constituting the offence against that section was committed on active service,". Section 86(4). In section 93(1), the words “shorthand writer". In section 225(1), in the definition of “Her Majesty’s forces", the words “37 and". In Schedule 7, in paragraph 1, the words from “10" to “and", in the second place where it occurs, paragraph 5A, and in paragraph 6, the words “sections fourteen and seventeen". 3 & 4 Eliz. 2. c. 19. The Air Force Act 1955. In section 17(2), the words “(except those relating to discharge by purchase)" . In section 78(3), in the second proviso, in paragraph (a), the words “fourteen days or, where the offence was committed on active service," and in paragraph (b)(i), the words “fourteen days or, where the civil offence constituting the offence against that section was committed on active service,". Section 86(4). In section 93(1), the words “shorthand writer". In section 223(1), in the definition of “Her Majesty’s forces", the words “37 and". 5 & 6 Eliz. 2. c. 53. The Naval Discipline Act 1957. In section 60(1), the words “for the purpose of reporting or transcribing the proceedings or". Section 76(5). Section 111(5)(a) and (b). Section 113(3). 1966 c. 45. The Armed Forces Act 1966. In section 13(1), the words from “and in place" to the end of the subsection. In Schedule 3, paragraph 2. 1971 c. 33. The Armed Forces Act 1971. Section 1. In section 67(3), the words from the beginning of the subsection to “have effect and". In Schedule 1, paragraph 2(8). In Schedule 3, in paragraph 5(3), the words “and (8)". 1974 c. 23. The Juries Act 1974. In Part III of Schedule 1 the words “or any Voluntary Aid Detachment serving with the Royal Navy". 1975 c. 24. The House of Commons Disqualification Act 1975. Section 10(4). 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. Section 5(3).