Armed Forces Act 1981

SCHEDULE 3 U.K. Women’s Services

Part I U.K. Statutory Assimilation

Existing enactments U.K.

1 (1) Every enactment which refers to the armed forces or the naval, military or air forces of the Crown shall have effect as if the reference included a reference to the women’s services of those forces administered by the Defence Council and any enactment containing the words “men”, “soldiers”, “seamen”, “airmen” or other word importing a reference to persons of the male sex only as, or as having been, or as capable of being, members of the naval, military or air forces of the Crown shall have effect as if for such word there had been substituted therein words having a like meaning in other respects but importing a reference to persons of either sex. U.K.

(2) Sub-paragraph (1) above applies for the interpretation of references to the reserve or auxiliary forces as it applies for the interpretation of references to the regular forces of the Crown.

(3) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the Royal Navy.

(4) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the naval, military or air forces of the Crown raised outside the United Kingdom; but nothing in this sub-paragraph affects the meaning of “visiting force” in the M1 Visiting Forces (British Commonwealth) Act 1933 or Part I of the M2 Visiting Forces Act 1952.

(5) This paragraph has effect in place of subsection (1) of section 3 of the M3 Army and Air Force (Women’s Service) Act 1948 (which makes corresponding provision in relation to the military and air forces) and of so much of any other enactment as explains, in relation to the women’s services, particular statutory references to the armed forces of the Crown; but the power to make Orders in Council under subsection (2) of that section shall include power to make the like provision in consequence of the preceding provisions of this paragraph so far as those provisions relate to the naval forces of the Crown.

Marginal Citations

M1 1933 c. 6.

M2 1952 c. 67.

M3 1948 c. 21.

Future enactments U.K.

F1 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 para. 2 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art.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

Part II U.K. Specific

3 U.K. In section 2 of the Pensions Commutation Act 1871 M4 , in the definition of “officer”, for the words “the Army and Navy” there shall be substituted the words “Her Majesty’s naval or land forces” and for the word “Navy” there shall be substituted the words “naval forces”.

Modifications etc. (not altering text)

C1 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) 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.

Marginal Citations

M4 1871 c. 36.

4 U.K. In section 2(b) of the Colonial Prisoners Removal Act 1884 M5 , for the words “the Royal Navy or to Her Majesty’s regular military forces” there shall be substituted the words “her Majesty’s regular military or naval forces”.

Modifications etc. (not altering text)

C2 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) 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.

Marginal Citations

M5 1884 c. 31.

5 U.K. In the Uniforms Act 1894 M6 , the following section shall be substituted for section 4:—

“4 In this Act— “Her Majesty’s Military Forces” has the same meaning as in the Army Act 1955 ; “Her Majesty’s Naval Forces” has the same meaning as in the Naval Discipline Act 1957.”.

Modifications etc. (not altering text)

C3 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) 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.

Marginal Citations

M6 1894 c. 45.

6 U.K. In section 4 of the Air Force (Consititution) Act 1917 M7 , for the words “His Majesty’s Navy or Army” there shall be substituted the words “the Royal Navy or His Majesty’s Army”.

Modifications etc. (not altering text)

C4 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) 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.

Marginal Citations

M7 1917 c. 51.

7 U.K. In section 5(1) and in the definition of “British ship” insection 10 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 M8 , for the words “His Majesty’s Navy” (in each place where those words occur) there shall be substituted the words “the Royal Navy”.

Modifications etc. (not altering text)

C5 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) 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.

Marginal Citations

M8 1939 c. 83.

8 U.K. In section 68(2) of the Marriage Act 1949 M9 , in paragraph (a), for the words following “is serving in” there shall be substituted the words “any of the regular armed forces of the Crown ; or” and in paragraph (b) for the word “mentioned” there shall be substituted the word “included”.

Modifications etc. (not altering text)

C6 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) 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.

Marginal Citations

M9 1949 c. 76.

F2 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 para. 9 repealed (N.I.) (1.1.2004) by The Marriage (Northern Ireland) Order 2003 (S.I. 2003/413), art. 1(2), Sch.; S.R. 2003/466, art. 2(b)

10 U.K. In section 21(5) of the Armed Forces Act 1976 M10 , in the definition of “qualified officers”, for the word “Navy” (in each place where it occurs) there shall be substituted the words “Royal Navy”.

Modifications etc. (not altering text)

C7 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) 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.

Marginal Citations

M10 1976 c. 52.

Part III U.K. Application to QARNNS and WRNS of Provisions of 1966 Act as to Discharge, Etc.

Preliminary U.K.

11 (1) The provisions of the M11 Armed Forces Act 1966 specified in paragraphs 12, 13 and 14 below shall apply to members of and persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service F3 . . . in accordance with the provisions of those paragraphs. U.K.

(2) In those paragraphs “rating”, in relation to Queen Alexandra’s Royal Naval Nursing Service F3 . . ., means a member of that Service of or below the rate of warrant officer.

Textual Amendments

F3 Words in Sch. 3 para. 11(1) and (2) repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

Marginal Citations

M11 1966 c. 45.

Postponement of discharge in event of war, etc. U.K.

[F4 12 U.K. Section 4 (postponement of discharge or transfer to the reserve) shall have effect in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service as if it provided–

4 “Postponement of discharge–QARNNS.

(1) This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.

For the purposes of this section, “the relevant date”, in relation to a rating, means the date on which he would, apart from this section, be entitled to be discharged.

(2) A rating to whom this section applies may be retained in service in Queen Alexandra’s Royal Naval Nursing Service after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly.

(3) A rating may not be retained in Queen Alexandra’s Royal Naval Nursing Service after the relevant date for longer than twelve months.

(4) A rating who is so retained is (if not discharged sooner) entitled to be discharged at the end of those twelve months.

(5) If, while a person is being retained in service in Queen Alexandra’s Royal Naval Nursing Service by virtue of this section, it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged.

(6) Where, at the time at which under subsections (1) to (5) above a person is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–

(a) he may, by declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in Queen Alexandra’s Royal Naval Nursing Service while such a state of war exists, and

(b) if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (5) above were a period continuing so long as a state of war exists;

but this is subject to subsection (7) below.

(7) If it is so specified in the declaration, he shall be entitled to be discharged at the end of three months’ notice given by him to his commanding officer.”]

Textual Amendments

F4 Sch. 3 para. 12 substituted (1.1.1999) by S.I. 1998/3086, reg. 8(1) (with reg. 8(2))

Modifications etc. (not altering text)

C8 Sch. 3 para. 12 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 5

Discharge U.K.

13 U.K. Section 6 (except subsection (5)) shall apply to ratings of Queen Alexandra’s Royal Naval Nursing Service F5 . . . as it applies to ratings of the Royal Navy.

Textual Amendments

F5 Words in Sch. 3 para. 13 repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

False statements on entry U.K.

14 U.K. Section 8 shall apply to persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service F6 . . . as it applies to persons offering themselves for service in the Royal Navy.

Textual Amendments

F6 Words in Sch. 3 para. 14 repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.