Army Act 1955 (repealed)

209 Application of Act to civilians.F24 U.K.

(1) Subject to the modifications hereinafter specified, where any body of the regular forces is on activeservice, Part II of this Act shall apply to any person who is employed in the service of that body of theforces or any part or member thereof, or accompanies the said body or any part thereof, and is not subjectto military law, [F1 the M1 Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M2 Air Force Act 1955, as the said Part II applies to persons subject to military law.

(2) Subject to the modifications hereinafter specified, Part II of this Act shall at all times apply to aperson of any description specified in the Fifth Schedule to this Act who is within the limits of thecommand of any officer commanding a body of the regular forces outside the United Kingdom, and is notsubject to military law, [F1 the M3 Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M4 Air Force Act 1955, as the said Part II applies to persons subject to military law:

Provided that none of the provisions contained in sections twenty-four to sixty-nine of this Act shallapply to a person by virtue only of this subsection [F2 except section 29, sections 35 and 36, sections 55 to 57, and section 68 so far asit relates to those sections.]

(3) The said modifications are the following:

[F3 (a) on a trial—

(i) a court-martial may award the punishments specified in paragraphs F4 . . . (b) and (h) of section 71(1)above, except that section 71(5)(a) above shall not apply to the amount of a fine;

(ii) a Standing Civilian Court established under the M5 Armed Forces Act 1976 may award anypunishment authorised for such courts by section 8 of that Act; and

(iii) a court-martial or Standing Civilian Court may make any order authorised by Schedule 5A below;

(aa) any such order shall be treated as a punishment for the purposes of this Act;

(ab) paragraph 15 of Schedule 5A below shall have effect in substitution for the words in section 71(1) abovefrom “and references in this Act" to the end;]

(b) the punishment which may be awarded where a charge is dealt with summarily shall, in the case of anyoffence, be a fine not exceeding [F5 £100], but no other punishment;

(c) the following provision shall have effect in substitution for subsections (2) to (4) of sectionseventy-four, that is to say that a person may be arrested by a provost officer, by any warrant officer ornon-commissioned officer legally exercising authority under a provost officer or on his behalf, or by orderof any officer of the regular forces;

[F6 (ca) section 75J(2)(b) above shall have effect with the omission of the words from the beginning to “of this Act";

F6 (cb) section 75K(6) above shall have effect with the omission of paragraph (a);]

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the provisions of this Act relating to the investigation of, and summary dealing with, offences shallsave as otherwise expressly provided apply as they apply to officers and warrant officers;

(f) for the purposes of [F7 Part 2 of this Act], the commandingofficer shall be such officer as may be determined by or under regulations of [F8 the Defence Council] made for the purposes of this section;

[F9 (fa) a court-martial for the trial of any such person as in mentioned in subsection (1) or (2) above mayinclude in place of the correspondiong number of [F10 officers or warrant officers]—

(i) if it is a general court-martial F11 . . ., not more than two persons who arein the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above, and

(ii) if it is a district court-martial F11 . . ., nor more than one person who isin the service of the Crown and is himself a person such as is mentioned in either of those subsections,

but a person who is a member of a court-martial by virtue of this paragraph shall not be appointed thepresident of the court-martial;]

[F12 (faa) references to the officers appointed members of a court-martial shall be construed as including references to persons who are members of a court-martial by virtue of paragraph (fa) above;]

[F13 (fab) where the summary appeal court hears an appeal brought by any such person as is mentioned in subsection (1) or (2) above and the court would otherwise include two officers qualified under section 83ZC of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above,

F13 (fac) references in Part II of this Act to the officers qualified under section 83ZC for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of paragraph (fab) above,]

(fb)

F14 (g) for references in sections one hundred and thirty-one and one hundred and thirty-two of this Act tobeing, continuing, or ceasing to be subject to military law there shall be substituted references to being,continuing to be or ceasing to be in such circumstances that the said Part II applies, and subsection (3)of the said section one hundred and thirty-one shall not apply.

[F15 (3A) For the purposes of paragraph (g) of subsection (3) of this section a person shall be deemed not to haveceased to be in such circumstances as are mentioned in that paragraph if he has so ceased by reason onlyof one or both of the following, namely—

(a) the fact that he has ceased to be within the limits of a command within whose limits he continues tohave his ordinary residence or to serve or to be employed;

(b) the fact that there has been an interruption of his residence with a family of persons whose place ofresidence continues to be his home.]

[F16 (3B) In their application to any area for which Standing Civilian Courts are established under the M6 Armed Forces Act 1976—

F17 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 (aa) section 83 above shall have effect as if after subsection (1) there were inserted the following subsection—

(1A) Regulations under this section may provide for sections 76 to 76C of this Act to have effect subject to such modifications as may be specified in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try.]

[F19 (b) section 103(1) above shall have effect as if the following paragraph were inserted after paragraph (b)—]

[F19 (c) the hearing by courts-martial of appeals against findings and sentences of Standing Civilian Courts.]

(c) subsection (3) above shall have effect in relation to charges which may be tried by Standing CivilianCourts and which are brought against persons whom such courts may try, but without prejudice to its effectin relation to other charges, as if the following paragraph were substituted for paragraph (e):—

“(e) sections 76, [F20 to 76C] above shall apply as they apply to officers and warrant officers, subjectto such modifications [F20 as may be specified by regulations under section 83 of this Act] and by any order under paragraph 12 of Schedule 3 of the ArmedForces Act 1976;”]

F21 (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (4) A fine awarded against any person by virtue of this section by a court-martial, a Standing CivilianCourt or the appropriate superior authority, and a sum which an order under paragraph 11 of Schedule 5Abelow requires any person to pay shall be recoverable, in the United Kingdom or any colony, as a debt dueto Her Majesty.

(4A) The registration of a financial penalty enforcement order under section 133A above shall not affect thepower of recovery in a colony conferred by subsection (4) above.

(4B) Section 199 above shall apply to persons such as are mentioned in subsection (1) or (2) above, as itapplies to persons subject to military law.]

[F23 (5) This section does not apply to any person to whom section 208A above applies.]

Textual Amendments

F1 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F2 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(9)(a)

F3 S. 209(3)(a)(aa)(ab) substituted for s. 209(3)(a) by Armed Forces Act 1976 (c. 52), Sch. 9 para. 5

F4 Word in s. 209(3)(a)(i) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4

F5 Sum substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 1

F6 S. 209(3)(ca)(cb) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 4(2); S.I. 2000/2366, art. 2 (with Sch. para. 13)

F7 Words in s. 209(3)(f) substituted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 50(3); S.I. 2001/3234, art. 2 (subject to art. 3(2))

F8 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F9 S. 209(3)(fa) inserted by Armed Forces Act 1976 (c. 52), s. 9(1)

F10 Words in s. 209(3)(fa) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 7; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F11 Words in s. 209(3)(fa) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. IV para. 71(b), Sch. 7 Pt. I; S.I. 1997/304, arts. 2, 3 (with transitional provisons in Sch. 2)

F12 S. 209(3)(faa) inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 71(c); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F13 S. 209(3)(fab)(fac) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 17; S.I. 2000/2366, art. 2 (with Sch. para. 13)

F14 S. 209(3)(fb) repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

F15 S. 209(3A) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F16 S. 209(3A), which was inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 6,renumbered as subsection (3B) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F17 S. 209(3B)(a) repealed (2.10.2000) by 2000 c. 4, s. 27, Sch. 4; S.I. 2000/2366, art. 2 (with Sch. para. 13)

F18 S. 209(3B)(aa) inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 72(1)(2); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F19 S. 209(3B)(b)(c) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) for s. 209(3B)(b) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 72(1)(3); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F20 Words in s. 209(3B)(c) substituted (1.4.1997 subject to art. 3) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 72(1)(4); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F21 S. 209(3C) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 6 para. 50(4), Sch. 7 Pt. 7; S.I. 2001/3234, art. 2

F22 S. 209(4)-(4B) substituted for s. 209(4) by Armed Forces Act 1976 (c. 52), Sch. 9 para. 7

F23 S. 209(5) added by Armed Forces Act 1971 (c. 33), s. 72(2)

Marginal Citations

M1 1957 c. 53.

M2 1955 c. 19.

M3 1957 c. 53.

M4 1955 c. 19.

M5 1976 c. 52.

M6 1976 c. 52.

Textual Amendments applied to the whole legislation

F24 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