- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/02/1991)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/1997
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There are currently no known outstanding effects for the Army Act 1955 (repealed), Section 205.
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(1)The following persons are subject to military law:—
(a)every officer holding a land forces commission (within the meaning of any Order of Her Majesty for thetime being regulating the granting of commissions) and for the time being employed, or recalled foremployment, in Her Majesty’s service in any capacity in which he can be required to be employed as theholder of his commission;
(b)every officer holding a land forces commission (within the meaning aforesaid) who for the time beingis not employed, or not employed as mentioned in paragraph (a) of this subsection, but is liable (otherwisethan in specified circumstances only) to be recalled to military service under Her Majesty;
(c)every officer, not subject to military law under the foregoing provisions of this section, who beingthe holder of a land forces commission (within the meaning aforesaid) is employed in Her Majesty’s servicein employment of which it is an express condition that while employed therein he is to be subject tomilitary law;
(d)every officer, not subject to military law under the foregoing provisions of this section, who, withthe approval of [F1the Defence Council] given subject to an express condition that while in that employment he is to be subject to militarylaw, is employed otherwise than in Her Majesty’s service;
(e)every officer holding a commission in the Territorial Army who is on the active list (as defined by theregulations for the Territorial Army) or on the permanent staff of the Territorial Army, [F2or who is not on the said list but is called out on permanent service or is otherwiseserving (whether in pursuance of an obligation or not) with any body of troops for the time being subjectto military law;]
(f)every warrant officer, non-commissioned officer and soldier of the regular forces;
(g)every warrant officer, non-commissioned officer and man of the army reserve when called out on permanentservice or in aid of the civil power or when undergoing annual or other training (whether in pursuance ofan obligation or not), or when otherwise employed in Her Majesty’s service as mentioned in paragraph (c)of this subsection;
(h)every warrant officer, non-commissioned officer and man of the Territorial Army when embodied or calledout for home defence service, when undergoing training or attending drills or parades (whether in pursuanceof an obligation or not), or when serving on the permanent staff of the Territorial Army;
(i)every person in receipt of a pension in respect of service in the regular forces, or of such serviceand other service, who is employed in Her Majesty’s service as mentioned in paragraph (c) of thissubsection;
(j)every person not otherwise subject to military law who is serving in any force raised by order of HerMajesty outside the United Kingdom and is under the command of an officer holding a land forces commissionor a commission in the Territorial Army;
(k)every member of the Home Guard when on duty (as defined in the M1Home Guard Act 1951) or during any period (as so defined) during which the platoon or otherpart of the Home Guard to which he belongs is mustered (as so defined).
(2)For the purposes of paragraph (d) of the last foregoing subsection a certificate of [F1the Defence Council] that approval to a person’s employment was given subject to the condition mentioned in that paragraphshall be conclusive evidence of the facts stated in the certificate.
(3)F3
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2Words substituted by Reserve Forces Act 1966 (c. 30), Sch. 1 para. 32; continued by Reserve Forces Act 1980 (c. 9), Sch. 8 para. 5(1)(a)
F3S. 205(3) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2
Marginal Citations
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
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