Malawi - Third Structural Adjustment Operation Project

30 ноября 1985 г.

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Continuance of Services Acts

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Trial and Punishment of Offences

Young service offenders: custodial orders.

Power to stay further proceedings under one of the Services Acts with a view to other proceedings.

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Marines: forfeiture of service where desertion confessed.

Power on reveiw or confirmation to annul the taking into consideration of other offences.

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Trial of persons ceasing to be subject to service law and time limits for trials.

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Extent of accused’s right to copy of record of court-martial proceedings.

Right of penalised parent or guardian to copy of record of court-martial proceedings.

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Amendments relating to trial and punishment of civilians under the Services Acts.

Minor amendments and repeals relating to procedure and evidence.

Increase in fine for certain minor offences under the Reserve Forces Act 1980 .

Miscellaneous

New powers in relation to persons under incapacity

Temporary removal to and detention for treatment in service hospitals abroad of servicemen and others suffering from mental disorder.

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except where that person is a civilian, be exercisable, in the same circumstances and subject to the same limitations, by any officer under the command of the first-mentioned officer, being an officer of or above the following ranks, that is to say, captain, flight-lieutenant or lieutenant according as he serves in the military, air or naval forces of the Crown.

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In this section— and any reference to the United Kingdom includes a reference to the Channel Islands and the Isle of Man.

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Amendments of the Naval Discipline Act 1957 as to offences and punishments

Prize offence : minor amendment as to intent.

Power on summary trial to award stoppages.

Abolition of death penalty for spying in ships, etc. abroad.

Amendments of the Services Acts relating to evidence and proceedings thereunder

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Officers who can take affidavits and declarations abroad.

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Miscellaneous

Women’s services: statutory assimilation and application thereto of certain enactments.

Clarification of the meaning in the Naval Discipline Act 1957 of “marine forces” and “naval reserve forces”.

Members of the armed forces are “employees” for the purposes of the Patents Act 1977.

Inquiries : persons affected who must be given a opportunity to be present and represented.

Abolition of the office of Accountant General of the Navy.

Naval prize cash balance not to include percentage deduction.

Payment of military pensions.

Naval and marine pay and pensions: no further publication in London Gazette.

General

Minor and consequential amendments and repeals.

Commencement.

Short title.

SCHEDULES

Amendments Relating to Trial of Civilians, Etc.

Minor Amendments and Repeals Relating to Procedure and Evidence

Section 11.

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Women’s Services

Statutory Assimilation

Existing enactments

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Future enactments

Specific

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Application to QARNNS and WRNS of Provisions of 1966 Act as to Discharge, Etc.

Preliminary

Postponement of discharge in event of war, etc.

Discharge

False statements on entry

Minor and Consequential Amendments

Repeals

Section 28.

Repeals consequent on assimilation of Women’s Services

Acts of the Parliament of the United Kingdom

Chapter Short Title Extent of Repeal 5 & 6 Geo. 6. c. 8. The War Orphans Act 1942. In section 1(4), the words " Nursing Service or other " 6 & 7 Geo. 6. c. 39. The Pensions Appeal Tribunals Act 1943. In section 12(1), in the definition of " His Majesty's naval, military or air forces " the words " the nursing service and " and " other ". 7 & 8 Geo. 6. c. 10. The Disabled Persons (Employment) Act 1944. In section 7(1)(c) the words from " or in " to " this Act". In section 16 the words " of the following classes, that is to say (a) men " and paragraph (b) together with the word " and " at the end of paragraph (a). Schedule 1. 10 & 11 Geo. 6. c. 44. The Crown Proceedings Act 1947. In section 38, subsection (5). 11 & 12 Geo.6. c. 21. The Army and Air Force (b)omen's Service) Act 1948. Section 3(1), 12, 13 & 14 Geo. 6. c. 68. The Representation of the People Act 1949. In section 46, subsection (2). 12, 13 & 14 Geo. 6.c. 76. The Marriage Act 1949. In section 68, in subsection (2), paragraph (d) and subsections (4) and (5). Schedule 3. 14 & 15 Geo. 6. c. 10. The Reinstatement in Civil Employment Act 1950. In section 1, paragraph (e). In section 5(2), paragraph (iii) and the words " or paragraph (iii)". In section 8(1), the definition of " the competent naval, military or air force authority" and, in the definition of " service in the armed forces of the Crown", the words following " regular forces ". 14 & 15 Geo. 6. c. 65. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. In section 64, subsection (2). In Schedule 1, in paragraph 1, sub-paragraph (v). 3 & 4 Eliz. 2. c. 18. The Army Act 1955. In section 225(1), in the definition of " Her Majesty's naval forces", the words from " (which includes " to " those services) ". 3 & 4 Eliz. 2. c. 19. The Air Force Act 1955. In section 223(1), in the definition of "Her Majesty's naval forces", the words from " (which includes " to " those services) ". 1970 c. 10. The Income and Corporation Taxes Act 1970. In section 366(3) the following words, namely, " either ", " or women serving in any of the capacities mentioned at the end of this subsection ", " or women serving in any of the capacities so mentioned " and the list of capacities entitled " women's services ". In section 366(4), the words " (whether men or women)". 1970 c. 41. The Equal Pay Act 1970. In section 1(9), paragraph (b) and the word " or " immediately preceding it. In section 7(1) the words " or of any women's service administered by the Defence Council" and " or of any such service ". 1974 c. 23. The Juries Act 1974. In section 9(1), the words" and others ". In Schedule 1, in Part III, the words from " the Women's " to " Nursing Service ". 1974 c. 46. The Friendly Societies Act 1974. In section 108, the words from " (which expression" to " Act)". Schedule 8. 1974 c. 52. The Trade Union and Labour Relations Act 1974. In section 30(1), in the definition of " worker ", in paragraph (c), the words " or of any women's service administered by the Defence Council". 1975 c. 7. The Finance Act 1975. In Schedule 7, in paragraph 1, in sub-paragraph (2) the words " was employed as mentioned in sub-paragraph (3) below or " and the words " and not being so employed " and sub-paragraph (3). 1975 c. 65. The Sex Discrimination Act 1975. In section 85, in subsection (4), paragraph (b) and the word " or " immediately preceding it and, in subsection (6), the words " or service " and " (a) or (b)". 1975 c. 71. The Employment Protection Act 1975. In section 121(3) the words " or of any women's service administered by the Defence Council". 1976 c. 25. The Fair Employment (Northern Ireland) Act 1976. In section 50(4), paragraph (a)(ii) and the immediately preceding " and ". 1976 c. 52. The Armed Forces Act 1976. In section 4, the words after " effect". In Schedule 9, paragraph 9. 1976 c. 74. The Race Relations Act 1976. In section 75(10)(a) the words " (including any women's service administered by the Defence Council)". 1978 c. 44. The Employment Protection (Consolidation) Act 1978. In section 138(3), the words " or of any women's service administered by the Defence Council". In Schedule 13, in paragraph 19(3), the words " or of any women's service administered by the Defence Council". 1980 c. 9. The Reserve Forces Act 1980. In Schedule 8, paragraph 5(1)(b) and the immediately preceding " and ". Acts of the Parliament of Northern Ireland and instruments relating to Northern Ireland 1945 c. 6 (N.I.) The Disabled Persons (Employment) Act (Northern Ireland) 1945. In section 16, the words " of the following classes, that is to say: (a) men " and paragraph (b) together with the word " and " at the end of paragraph (a). Schedule 1. 1960 c. 4 (N.I.) The Disabled Persons (Employment) Act (Northern Ireland) 1960. Section 4. 1965 c. 19 (N.I.). The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965. In Schedule 1, in paragraph 11A(3), the words " or of any women's service administered by the Defence Council ". 1967 c. 32 (N.I.) The Marriage (Registration of Buildings) Act (Northern Ireland) 1967. In section 2, in subsection (1), paragraph (d) and subsections (2) and (3). Schedule 1. 1970 c. 32 (N.I.). The Equal Pay Act (Northern Ireland) 1970. In section 1(10) paragraph (b) and the word " or" immediately preceding it. S.I. 1974/2143 (N.I. 6). The Juries (Northern Ireland) Order 1974. In Schedule 2, in the entry relating to members of the forces the words from " including " to " Council". S.I. 1976/1042 (N.I. 15). The Sex Discrimination (Northern Ireland) Order 1976. In Article 82, in paragraph (5), sub-paragraph (b) and the word " or " immediately preceding that sub-paragraph and, in paragraph (7), the words " or service " and " (a) or (b)". S.I. 1976/1043 (N.I. 16). The Industrial Relations (Northern Ireland) Order 1976. In Article 2(2), in the definition of " worker", in sub-paragraph (c), the words " or of any women's service administered by the Defence Council". In Article 79(2) the words " or any women's service administered by the Defence Council". S.I. 1976/1213 (N.I. 22). The Pharmacy (Northern Ireland) Order 1976. In Article 5, paragraph 5(b) and the preceding " and ". S.I. 1976/2147 (N.I. 28). The Industrial Relations (No. 2) (Northern Ireland) Order 1976. In Article 62(3), the words " or of any women's service administered by the Defence Council". Nothing in the repeal of a reference in any enactment to any women's service (or its reserve) shall affect the accrual after the date of the repeal of a right arising under that enactment by virtue of service before that date in that service (or reserve) or the continued validity or the issue after that date of any certificate or other document required to establish a right so arising.

Acts of Parliament of the United Kingdom

Chapter Short Title Extent of repeal 5 & 6 Geo. 6. c. 8. The War Orphans Act 1942. In section 1(4), the words “Nursing Service or other” 6 & 7 Geo. 6. c. 39. The Pensions Appeal Tribunals Act 1943. In section 12(1), in the definition of “His Majesty’s naval, military or air forces” the words “the nursing service and” and “other”. 7 & 8 Geo. 6. c. 10. The Disabled Persons (Employment) Act 1944. In section 7(1)(c) the words from “or in” to “this Act”. In section 16 the words “of the following classes, that is to say (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a). 10 & 11 Geo. 6. c. 44. The Crown Proceedings Act 1947. In section 38, subsection (5). 11 & 12 Geo. 6. c. 21. The Army and Air Force (Women’s Service) Act 1948. Section 3(1). 12, 13 & 14 Geo. 6. c. 68. The Representation of the People Act 1949. In section 46, subsection (2). 12, 13 & 14 Geo. 6. c. 76. The Marriage Act 1949. In section 68, in subsection (2), paragraph (d) and subsections (4) and (5). Schedule 3. 14 & 15 Geo. 6. c. 10. The Reinstatement in Civil Employment Act 1950. In section 1, paragraph (e). In section 5(2), paragraph (iii) and the words “or paragraph (iii)”. In section 8(1), the definition of “the competent naval, military or air force authority” and, in the definition of “service in the armed forces of the Crown”, the words following “regular forces”. 14 & 15 Geo. 6. c. 65. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. In section 64, subsection (2). In Schedule 1, in paragraph 1, sub-paragraph (v). 3 & 4 Eliz. 2. c. 18. The Army Act 1955. In section 225(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”. 3 & 4 Eliz. 2. c. 19. The Air Force Act 1955. In section 223(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”. 1970 c. 10. The Income and Corporation Taxes Act 1970. In section 366(3) the following words, namely, “either”, or women serving in any of the capacities mentioned at the end of this subsection, “or women serving in any of the capacities so mentioned” and the list of capacities entitled “women’s services”. In section 366(4), the words “(whether men or women)”. 1970 c. 41. The Equal Pay Act 1970. In section 1(9), paragraph (b) and the word “or” immediately preceding it. In section 7(1) the words “or of any women’s service administered by the Defence Council” and “or of any such service”. 1974 c. 23. The Juries Act 1974. In section 9(1), the words “and others”. In Schedule 1, in Part III, the words from “the women’s” to “Nursing Service”. 1974 c. 46. The Friendly Societies Act 1974. In section 108, the words from “(which expression” to “Act)”. Schedule 8. 1974 c. 52. The Trade Union and Labour Relations Act 1974. In section 30(1), in the definition of “worker”, in paragraph (c), the words “or of any women’s service administered by the Defence Council”. 1975 c. 7. The Finance Act 1975. In Schedule 7, in paragraph 1, in sub-paragraph (2) the words “was employed as mentioned in sub-paragraph (3) below or” and the words “and not being so employed” and sub-paragraph (3). 1975 c. 65. The Sex Discrimination Act 1975. In section 85, in subsection (4), paragraph (b) and the word “or” immediately preceding it and, in subsection (6), the words “or service” and “(a) or (b)”. 1975 c. 71. The Employment Protection Act 1975. In section 121(3) the words “or of any women’s service administered by the Defence Council”. 1976 c. 25. The Fair Employment (Northern Ireland) Act 1976. In section 50(4), paragraph (a)(ii) and the immediately preceding “and”. 1976 c. 52. The Armed Forces Act 1976. In section 4, the words after “effect”. In Schedule 9, paragraph 9. 1976 c. 74. The Race Relations Act 1976. In section 75(10)(a) the words “(including any women’s service administered by the Defence Council)”. 1978 c. 44. The Employment Protection (Consolidation) Act 1978. In section 138(3), the words “or of any women’s service administered by the Defence Council”. In Schedule 13, in paragraph 19(3), the words “or of any women’s service administered by the Defence Council”. 1980 c. 9. The Reserve Forces Act 1980. In Schedule 8, paragraph 5(1)(b) and the immediately preceding “and”. Acts of the Parliament of Northern Ireland and instruments relating to Northern Ireland 1945 c. 6. (N.I.) The Disabled Persons (Employment) Act (Northern Ireland) 1945. In section 16, the words “of the following classes, that is to say : (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a). Schedule 1. 1960 c. 4. (N.I.) The Disabled Persons (Employment) Act (Northern Ireland) 1960. Section 4. 1965 c. 19. (N.I.) The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965. In Schedule 1, in paragraph 11A(3), the words “or of any women’s service administered by the Defence Council”. 1967 c. 32. (N.I.) The Marriage (Registration of Buildings) Act (Northern Ireland) 1967. In section 2, in subsection (1), paragraph (d) and subsections (2) and (3). Schedule 1. 1970 c. 32. (N.I.) The Equal Pay Act (Northern Ireland) 1970. In section 1(10) paragraph (b) and the word “or” immediately preceding it. S.I. 1974/2143 (N.I. 6). The Juries (Northern Ireland) Order 1974. In Schedule 2, in the entry relating to members of the forces the words from “including” to “Council”. S.I. 1976/1042 (N.I. 15). The Sex Discrimination (Northern Ireland) Order 1976. In Article 82, in paragraph (5), sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph and, in paragraph (7), the words “or service” and “(a) or (b)”. S.I. 1976/1043 (N.I. 16). The Industrial Relations (Northern Ireland) Order 1976. In Article 2(2), in the definition of “worker”, in sub-paragraph (c), the words “or of any women’s service administered by the Defence Council”. In Article 79(2) the words “or any women’s service administered by the Defence Council”. S.I. 1976/1213 (N.I. 22). The Pharmacy (Northern Ireland) Order 1976. In Article 5, paragraph 5(b) and the preceding “and”. S.I. 1976/2147 (N.I. 28). The Industrial Relations (No. 2) (Northern Ireland) Order 1976. In Article 62(3), the words “or of any women’s service administered by the Defence Council”. Nothing in the repeal of a reference in any enactment to any women’s service (or its reserve) shall affect the accrual after the date of the repeal of a right arising under that enactment by virtue of service before that date in that service (or reserve) or the continued validity or the issue after that date of any certificate or other document required to establish a right so arising.

Other Repeals

Chapter Short title Extent of repeal 27 & 28 Vict. c. 24. The Naval Agency and Distribution Act 1864. In section 17, the words from “and a percentage” to “by law deducted”. 28 & 29 Vict. c. 73. The Naval and Marine Pay and Pensions Act 1865. In section 12, the words “shall be published in the London Gazette and”. 48 & 49 Vict. c. 42. The Greenwich Hospital Act 1885. Section 4. 4 & 5 Geo. 5. c. 83. The Army Pensions Act 1914. The whole Act (except as mentioned in section 26 of this Act). 21 & 22 Geo. 5. c. 9. The Colonial Naval Defence Act 1931. In section 2(1), in paragraph (c), the words from “or of the Royal Naval Reserve” to the end and, in the proviso, the words “and the Royal Naval Volunteer Reserve”. 12 & 13 Geo. 6. c. 18. The Colonial Naval Defence Act 1949. In section 1(4), the words “or of the Royal Naval Volunteer Reserve” and the words from “(and in particular” to the end. 3 & 4 Eliz. 2. c. 18. The Army Act 1955. In section 82(2)(b), the words “in special circumstances”. In section 131(2), the words “and the provisions thereof as to the summary dealing with charges”. In section 153(3), the words from “the service of the process” to the end. In section 209(3), paragraph (fb). In Schedule 7, in paragraph 6, the words “and so much of Part II as relates to forfeiture of service”. 3 & 4 Eliz. c. 19. The Air Force Act 1955. In section 82(2)(b), the words “in special circumstances”. Section 99(2). In section 131(2), the words “and the provisions thereof as to the summary dealing with charges.” In section 153(3), the words from “the service of the process” to the end. In section 209(3), paragraph (fb). 5 & 6 Eliz. 2. c. 53. The Naval Discipline Act 1957. In section 51, in subsection (1) the words “this and” and subsection (2). In section 93, the words “death or to”. In section 101, subsection (2). 9 & 10 Eliz. 2. c. 52. The Army and Air Force Act 1961. Section 24. In section 26, subsection (3). 1963 c. 39. The Criminal Justice (Scotland) Act 1963. In section 9, subsections (3) and (4). 1976 c. 52. The Armed Forces Act 1976. Section 1. In Schedule 9, paragraph 12.

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SCHEDULES