Army Act 1955 (repealed)

145 Forfeiture of pay for absence from duty. F8 U.K.

(1) The pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces maybe forfeited:—

(a) for any day of absence in such circumstances as to constitute an offence under section thirty-seven orthirty-eight of this Act or, if [F1 the Defence Council] or an officer authorised by them so direct, of other absence without leave;

(b) for any day of imprisonment [F2 or detention] awarded under this Act, [F3 the M1 Naval Discipline Act 1957] or the M2 Air Force Act 1955, by a court-martial or commanding officer, or ofimprisonment, F4 . . ., detention in a [F5 youth custody centre] or detention of any other description to which he is liable in consequence of

[F6 (i) an order or sentence of a civil court;

(ii) a revocation of a licence under section 62 of the Criminal Justice Act 1967; or

(iii) an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.]

(c) where he is found guilty (whether by court-martial, the appropriate superior authority or his commandingofficer) of an offence under this Act, [F3 the M3 Naval Discipline Act 1957] or the M4 Air Force Act 1955 for any day (whether before or after he is found guilty)on which he is in hospital on account of sickness or injury certified by the proper medical officer to havebeen occasioned by the offence.

(2) The pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces maybe forfeited for any day of absence by reason of his having been made a prisoner of war if [F1 the Defence Council] or an officer authorised by them are satisfied—

(a) that he was made a prisoner of war through F7 wilful neglect of his duty; or

(b) that having been made a prisoner of war he failed to take any reasonable steps available to him torejoin Her Majesty’s service; or

(c) that having been made a prisoner of war he served with or aided the enemy in the prosecution ofhostilities or measures calculated to influence morale or in any other manner whatsoever not authorised byinternational usage,

and nothing in paragraph (a) of the last foregoing subsection shall apply to absence by reason ofhaving been made a prisoner of war.

(3) Regulations or orders of [F1 the Defence Council] may make provision as to the computation of time for the purposes of this section and in particularas to the counting or disregarding of parts of days.

Textual Amendments

F1 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F2 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(7)

F3 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F4 Words in s. 145(1)(b) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1)(2), Sch. 2 para. 11(2)(a), Sch.3; S.I. 1991/2719, art. 2,Sch.

F5 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.6

F6 Words in s. 145(1)(b) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 11(2)(b); S.I. 1991/2719, art. 2

F7 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Modifications etc. (not altering text)

C1 Certain functions of Ministry of Home Affairs for Northern Ireland now exercisable byDepartment of Finance for Northern Ireland: S.R. & O.(N.I.) 1973/504, art. 5(d)

Marginal Citations

M1 1957 c. 53.

M2 1955 c. 19.

M3 1957 c. 53.

M4 1955 c. 19.

Textual Amendments applied to the whole legislation

F8 Act: 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