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Army and Air Force Act 1961

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This is the original version (as it was originally enacted).

Section 38.

THIRD SCHEDULETransitional Provisions as to Punishments

1In relation to a sentence of a court-martial announced before the end of the year nineteen hundred and sixty-one, but falling to be dealt with under section one hundred and ten of the Army Act, 1955, or of the Air Force Act, 1955, after that time, subsection (3) of that section shall have effect as if the reference to any punishment or punishments which could have been awarded by the court referred to any punishment or punishments which could have been so awarded had sections eighteen to twenty-six of this Act been in operation when the sentence was announced, and in relation to a finding or sentence of a court-martial announced before that time but falling to be reviewed after that time under section one hundred and thirteen of the Army Act, 1955, or of the Air Force Act, 1955, paragraph (c) of subsection (5) of that section shall have effect as if the reference to power conferred by the said subsection (3) referred to power conferred by that subsection as amended by this paragraph.

2In relation to an award made before the time aforesaid in consequence of a charge's having been dealt with summarily but falling to be reviewed under section one hundred and fifteen of the Army Act, 1955, or of the Air Force Act, 1955, after that time, subsections (3A) and (4) of that section shall each have effect as if the reference to a punishment or punishments which could have been included in the original award referred to a punishment or punishments which could have been so included had sections eighteen to twenty-six of this Act been in operation when the award was made.

Table of Statutes referred to in this Act

Short TitleSession and Chapter
Act of Settlement12 & 13 Will. 3. c. 2.
British Nationality Act, 194811 & 12 Geo. 6. c. 56.
National Service Act, 194811 & 12 Geo. 6. c. 64.
Recall of Army and Air Force Pensioners Act, 194812, 13 & 14 Geo. 6. c. 8.
Adoption Act, 195014 Geo. 6. c. 26.
Army Reserve Act, 195014 Geo. 6. c. 32.
Air Force Reserve Act, 195014 Geo. 6. c. 33.
Courts-Martial (Appeals) Act, 195114 & 15 Geo. 6. c. 46.
Army Act, 19553 & 4 Eliz. 2. c. 18.
Air Force Act, 19553 & 4 Eliz. 2. c. 19.
Revision of the Army and Air Force Acts (Transitional Provisions) Act, 19553 & 4 Eliz. 2. c. 20.
Army (Conditions of Enlistment) Act, 19575 & 6 Eliz. 2. c. 50.
Naval Discipline Act, 19575 & 6 Eliz. 2. c. 53.
Adoption Act, 19587 & 8 Eliz. 2. c. 5.

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