Armed Forces Act 1971

Section 43.

SCHEDULE 1 Amendments Arising from Part II of this Act

The Army Act 1955 and the Air Force Act 1955

1 (1) The amendments to be made in the [1955 c. 18.] Army Act 1955 and the [1955 c. 19.] Air Force Act 1955 are as follows.

(2) In section 17 of each Act the following subsection shall be substituted for subsection (3):—

“(3) In subsection (2) above ' the appropriate date' means in relation to any person a date earlier than the date of his conviction for desertion by the length of his service which is not forfeited.”.

(3) In section 79(6) of each Act, for the words " forfeiture of seniority, fine or stoppages " there shall be substituted the words " any punishment other than severe reprimand or reprimand ".

(4) In section 118(1) of each Act, for the words "provisions of this section and of " there shall be substituted the words " following provisions of this Part of this Act and to ".

(5) In section 119(1) of each Act, for the words "in pursuance of the next following section " there shall be substituted the words " in pursuance of section 120 of this Act ", and for the words " the provisions of the next following section " there shall be substituted the words " the provisions of the said section 120 ".

(6) In section 120(5) of each Act, for the words " subsection (10) of section seventy-two" there shall be substituted the words " section 119A(3) ".

(7) In section 145(1)(b) of each Act, for the words " detention or field punishment" there shall be substituted the words " or detention ".

(8) In section 198(8) of each Act, for the words "body of troops " or, as the case may be, " body of the air force" there shall be substituted the words " body of Her Majesty's forces ".

(9) In section 209 of each Act—

(a) in the proviso to subsection (2), for all the words from " except" to the end there shall be substituted the words " except section 29, sections 35 and 36, sections 55 to 57, and section 68 so far as it relates to those sections "; and

(b) at the end of paragraph (a) of subsection (3) there shall be added the words " (to the amount of which section 71(5)(a) of this Act shall not apply) ".

(10) In section 211(7) of the Army Act 1955 and section 210(7) of the Air Force Act 1955, for the words from " subsection (2)" to " inserted " there shall be substituted the words " section 71(1) there were inserted immediately before paragraph (h) " , and for " (eee)" there shall be substituted " (gg) ".

(11) The following definition shall be inserted after that of " service " in section 225(1) of the [1955 c. 18.] Army Act 1955, and also (but modified for that purpose by the substitution of " air-force law, military law " for " military law, air-force law ") after the definition of "service" in section 223(1) of the [1955 c. 19.] Air Force Act 1955:—

• “' service law ' means military law, air-force law or the Naval Discipline Act 1957 ;”.

(12) In Schedule 3 to each Act, in paragraph 1A, for the words " on guard duty " (in both columns) there shall be substituted the words " within section 29(b) of this Act ".

(13) In Schedule 3 to each Act, the following shall be inserted after the paragraphs numbered 4:—

“4A. Striking a person who is on board a ship or aircraft when taken as prize.

4A. Ill-treating that person otherwise than by striking him.”

(14) In Schedule 3 to each Act, the following shall be inserted after the paragraphs numbered 7:—

“7A. Using threatening, abusive, insulting or provocative words likely to cause a disturbance.	7A. Using threatening, abusive, insulting or provocative behaviour likely to cause a disturbance.
7B. Using threatening, abusive, insulting or provocative behaviour likely to cause a disturbance.	7B. Using threatening, abusive, insulting or provocative words likely to cause a disturbance.”

(15) In Schedule 3 to each Act, the following shall be inserted immediately before the paragraphs numbered 10:—

“9A. Misapplying public or service property.	9A. Wastefully expending public or service property.
9B. Wastefully expending public or service property.	9B. Misapplying public or service property.”

(16) In Schedule 7 to the Army Act 1955, paragraphs 12 and 12A shall be omitted.

The Naval Discipline Act 1957

2 (1) The amendments to be made in the [1957 c. 53.] Naval Discipline Act 1957 are as follows.

(2) In section 50(2), the following paragraph shall be substituted for paragraph (a):—

“(a) sections 2 to 4, 6, 9, 10, 23 and 24, section 29(1) so far as relating to public or service property, section 29A, and sections 34 to 37 and 42 ;”.

(3) In section 118(2)(a), after the word "fourteen" there shall be inserted " 14A ".

(4) In section 133(3), for the words " petty officer " there shall be substituted the words " leading seaman ".

(5) In section 135(1)—

(a) the following definitions shall be inserted after that of " air craft papers " :—

• “' air signal ' means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft;

• ' before the enemy ', in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy ;”; and

(b) the following definition shall be inserted after that of " court-martial " :—

• “' damage ' includes destruction, and references to damaging shall be construed accordingly ;”;

(6) In Schedule 1, the following paragraphs shall be substituted for paragraphs 1 and 2:—

“1 The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act:—

‘(h) reduction to the ranks or any less reduction in rank.’

2 For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply.”

(7) In Schedule 2, the following paragraphs shall be substituted for paragraphs 3 and 5:—

“3 The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act:—

‘(h) reduction to the ranks or any less reduction in rank.’

5 For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply.”

(8) In Schedule 4, in paragraph 1, for " (f)" there shall be substituted " (e) ".