Army Act 1955 (repealed)

18 Validity of attestation and enlistment.F3 U.K.

(1) Where a person has signed the declaration required by the First Schedule to this Act, and has thereafterreceived pay as a soldier of the regular forces,—

(a) the validity of his enlistment shall not be called in question on the ground of any error or omissionin his attestation paper;

(b) if within three months from the date on which he signed the said declaration he claims that hisenlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistmentor attestation, or any other ground whatsoever (not being an error or omission in his attestation paper)on which apart from this subsection the validity of his enlistment could have been called in question, theclaim shall be submitted as soon as may be to [F1 the Defence Council], and if the claim is well founded [F1 the Defence Council] shall cause him to be discharged with all convenient speed;

(c) subject to the provisions of the last foregoing paragraph, he shall be deemed as from the expirationof the said three months to have been validly enlisted notwithstanding any such non-compliance or othergrounds as aforesaid;

(d) notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim inpursuance of paragraph (b) of this subsection, he shall be deemed to be a soldier of the regular forcesuntil his discharge.

In the case of a person who when he signed the said declaration had not attained the [F2 appropriate minimum age], paragraph (b) of this subsection shall have effect as if for the words “he claims" there weresubstituted the words “he, or any person whose consent to the enlistment was required under subsection(3) of section two of this Act but who did not duly consent, claims".

(2) Where a person has received pay as a soldier of the regular forces without having previously signed thedeclaration required by the First Schedule to this Act, then—

(a) he shall be deemed to be a soldier of the regular forces until discharged;

(b) he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as maybe to [F1 the Defence Council], who shall cause him to be discharged with all convenient speed.

(3) Nothing in the foregoing provisions of this section shall be construed as prejudicing the determinationof any question as to the term for which a person was enlisted or as preventing the discharge of a personwho has not claimed his discharge.

Textual Amendments

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

F2 Words substituted by Armed Forces Act 1966 (c. 45), Sch. 4

Textual Amendments applied to the whole legislation

F3 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