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Army Act 1955 (repealed)

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Changes over time for: Cross Heading: Enlistment

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Version Superseded: 31/10/2009

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Point in time view as at 31/03/2007.

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EnlistmentF4U.K.

Textual Amendments applied to the whole legislation

F4Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

1 Recruiting officers.U.K.

The following persons may enlist recruits in the regular forces and are in this Act referred to asrecruiting officers, that is to say,—

(a)whether within or without Her Majesty’s dominions, any officer authorised under regulations of [F1the Defence Council],

(b)in a colony, any person authorised by the Governor of the colony,

(c)outside Her Majesty’s dominions, any British consul-general, consul or vice-consul, and any person dulyexercising the authority of a British consul.

Textual Amendments

F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I

2 Enlistment.U.K.

(1)A person offering to enlist in the regular forces shall be given a notice in the prescribed form settingout the questions to be answered on attestation and stating the general conditions of the engagement to beentered into by him; and a recruiting officer shall not enlist any person in the regular forces unlesssatisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.

(2)The procedure for enlisting a person in the regular forces shall be that set out in the First Scheduleto this Act.

(3)A recruiting officer shall not enlist a person under the [F2appropriate minimum age] unless consent to the enlistment has been given in writing—

(a)if the person offering to enlist is living with both or one of his parents, by the parents or parent;

(b)if he is not living with both or one of his parents, but any person (whether a parent or not) whosewhereabouts are known or can after reasonable enquiry be ascertained has parental rights and powers inrespect of him, by that person;

(c)if there is no such person as is mentioned in paragraph (b) of this subsection or if after reasonableenquiry it cannot be ascertained whether there is any such person, by any person in whose care (whether inlaw or in fact) the person offering to enlist may be.

(4)Where the recruiting officer is satisfied, by the production of a certified copy of an entry in theregister of births or by any other evidence appearing to him to be sufficient, that a person offering toenlist has or has not attained the [F2appropriate minimum age], that person shall be deemed for the purposes of this Act to have attained, or as the case may be,not to have attained, that age.

A document purporting to be a certificate signed by the recruiting officer, stating that he is satisfiedas aforesaid, shall be sufficient evidence, until the contrary is proved, that he is so satisfied.

[F3(5)In this Part of this Act the expression “appropriate minimum age” means the age of eighteen or, in a case falling within any classfor which a lower age is for the time being prescribed, that lower age.]

Textual Amendments

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