Air Force Act 1955 (repealed)

1. Introductory Text

2. Part I Enlistment and Terms of Service

   1. Enlistment

      1. 1. Recruiting officers.

      2. 2. Enlistment.

   2. Enlistment for general or corps service

      1. 3. Enlistment for general service.

      2. 4—7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   3. Extension of service

      1. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 9. Postponement in certain cases of discharge or transfer to the reserve.

      3. 10. Continuation of air-force service in imminent national danger.

   4. Discharge and transfer to reserve

      1. 11. Discharge.

      2. 12. Transfer to the reserve.

      3. 13. Postponement of discharge or transfer pending proceedings for offences.

      4. 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 15. Right of warrant officer to discharge on reduction to ranks.

      6. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   5. Miscellaneous and supplementary provisions

      1. 17. Forfeiture of service for desertion and restoration of forfeited service.

      2. 18. Validity of attestation and enlistment.

      3. 19. False answers in attestation paper.

      4. 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 21. Service of aliens in regular air force.

      6. 22. Regulations as to enlistment.

      7. 23. Interpretation of Part I.

3. Part II Discipline and Trial and Punishment of Air-Force Offences

   1. Misconduct in action and other offences arising out of air-force service

      1. 24. Misconduct in action.

      2. 25. Assisting the enemy.

      3. 26. Obstructing operations, giving false air signals, etc.

      4. 27. Prize offences by commanding officers.

      5. 28. Other prize offences.

      6. 29. Offences by or in relation to sentries, persons on watch etc.

      7. 29A. Failure to attend for duty, neglect of duty etc.

      8. 30. Looting.

   2. Mutiny and insubordination

      1. 31. Mutiny.

      2. 32. Failure to suppress mutiny.

      3. 33. Insubordinate behaviour.

      4. 34. Disobedience to lawful commands.

      5. 34A. Failure to provide a sample for drug testing.

      6. 34B. Failure to provide sample after serious incident

      7. 35. Obstruction of provost officers.

      8. 36. Disobedience to standing orders.

   3. Desertion, absence without leave, etc.

      1. 37. Desertion.

      2. 38. Absence without leave.

      3. 39. Failure to report or apprehend deserters or absentees.

      4. 40, 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. Malingering and drunkenness

      1. 42. Malingering.

      2. 43. Drunkenness.

   5. Disorderly conduct

      1. 43A. Fighting, threatening words etc.

   6. Offences relating to property

      1. 44. Damage to, and loss of, public or service property etc.

      2. 44A. Damage to, and loss of, Her Majesty’s aircraft or aircraft material.

      3. 44B. Interference etc. with equipment, messages or signals.

      4. 45. Misapplication and waste of public or service property.

      5. 46. Offences relating to issues and decorations.

   7. Offences relating to billeting and requisitioning of vehicles

      1. 47. Billeting offences.

      2. 48. Offences in relation to requisitioning of vehicles.

   8. Flying etc. offences

      1. 48A. Loss or hazarding of ship.

      2. 49. Dangerous flying, etc.

      3. 50. Inaccurate certification.

      4. 51. Low flying.

      5. 52. Annoyance by flying.

   9. Offences relating to, and by, persons in custody

      1. 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 54. Permitting escape, and unlawful release of prisoners.

      3. 55. Resistance to arrest.

      4. 56. Escape from confinement.

   10. Offences in relation to courts-martial and civil authorities

       1. 57. Offences in relation to courts-martial.

       2. 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       3. 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   11. Miscellaneous offences

       1. 60. Unauthorised disclosure of information.

       2. 61. Making of false statements on enlistment.

       3. 62. Making of false documents.

       4. 63. Offences against civilian population.

       5. 63A. Offences against morale.

       6. 64. Scandalous conduct by officers.

       7. 65. Ill-treatment of officers or men of inferior rank.

       8. 66. Disgraceful conduct.

       9. 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       10. 68. Attempts to commit air-force offences.

       11. 68A. Aiding and abetting etc., and inciting.

       12. 69. Conduct to prejudice of air-force discipline.

   12. Civil offences

       1. 70. Civil offences.

   13. Punishments available to courts-martial

       1. 71. Scale of punishments, and supplementary provisions.

       2. 71A. Juveniles

       3. 71AA. Young service offenders: custodial orders.

       4. 71AB. Reasons to be given where custodial sentence awarded to young offender.

       5. 71B. Power to impose imprisonment for default in payment of fines.

   14. Arrest

       1. 74. Power to arrest offenders.

       2. 74A. Power of arrest in anticipation of commission of offence

   15. Custody

       1. 75. Limitations on custody without charge.

       2. 75A. Authorisation of custody without charge.

       3. 75B. Review of custody by commanding officer.

       4. 75C. Extension of custody without charge.

       5. 75D. Custody without charge: other cases.

       6. 75E. Custody without charge: supplementary.

       7. 75F. Custody after charge.

       8. 75G. Review of custody after charge.

       9. 75H. Custody during court-martial proceedings.

       10. 75J. Release from custody after charge or during proceedings.

       11. 75K. Arrest during proceedings.

       12. 75L. Judicial officers.

       13. 75M. Custody rules.

   16. Investigation of, and summary dealing with, charges

       1. 76. Investigation of charges by commanding officer

       2. 76A. Powers of higher authority.

       3. 76AA. Right to elect for court-martial trial.

       4. 76B. Summary dealings.

       5. 76C. Punishments available on summary dealings.

       6. 77. Charges to be dealt with summarily or by court-martial.

       7. 77A. Power to stay further proceedings.

       8. 78. Further proceedings on charges against N.C.O.s and airmen.

       9. 79. Further proceedings on charges against officers and warrant officers.

       10. 80. Directions by higher authority for dismissal of charges or stay of proceedings.

       11. 81. Confession of desertion by warrant officer, non-commissioned officer or airman.

       12. 82. Officers who are to act as commanding officers and appropriate superior authorities.

       13. 83. Regulations as to summary dealings etc.

   17. The summary appeal court

       1. 83ZA. The summary appeal court.

       2. 83ZB. Judge advocates.

       3. 83ZC. Officers qualified for membership of summary appeal court.

       4. 83ZD. Constitution of summary appeal court for appeals.

       5. 83ZE. Right of appeal.

       6. 83ZF. Hearing of appeals.

       7. 83ZG. Powers of summary appeal court.

       8. 83ZH. Making of, and appeals from, decisions of court.

       9. 83ZJ. Rules of summary appeal court.

       10. 83ZK. Administration of oaths to members of summary appeal court.

       11. 83ZL. Privileges of witnesses and others.

   18. The prosecuting authority

       1. 83A. The prosecuting authority.

       2. 83B. Functions of the prosecuting authority.

       3. 83BB. Referral of case to commanding officer.

       4. 83BC. Power of prosecuting authority to advise police forces

       5. 83C. Prosecuting officers.

   19. Courts-martial: general provisions

       1. 84. Trial to be by general court-martial, district court-martial or in certain cases field general court-martial.

       2. 84A. Court administration officers.

       3. 84B. Judge advocates.

       4. 84C. Convening of general and district courts-martial.

       5. 84D. Constitution of general and district courts-martial

       6. 85. Powers of different descriptions of court-martial.

       7. 85A. Powers of court-martial where accused elected court-martial trial.

       8. 86. Officers having power to convene courts-martial.

       9. 87. Constitution of general courts-martial.

       10. 88. Constitution of district courts-martial.

       11. 89. Constitution of field general courts-martial.

       12. 90. Supplementary provisions as to constitution of courts-martial.

       13. 91. Place for sitting of courts-martial and adjournment to other places.

   20. Preliminary hearings as to plea

       1. 91A. Preliminary hearings as to plea

   21. Courts-martial: provisions relating to trial

       1. 92. Challenges by accused.

       2. 93. Administration of oaths.

       3. 94. Courts-martial to sit in open court.

       4. 95. Dissolution of courts-martial.

       5. 96. Decisions of courts-martial.

       6. 97. Finding and sentence.

       7. 98. Power to convict of offence other than that charged.

       8. 99. Rules of evidence.

       9. 99A. Proof at courts-martial by written statement.

       10. 100. Privilege of witnesses and others at courts-martial.

       11. 101. Offences by civilians in relation to courts-martial.

       12. 101A. Powers to compel attendance of witnesses

       13. 102. Affirmations.

   22. Offences: procedure

       1. 103. Rules.

   23. Field General Courts-Martial

       1. 103A. Field general courts-martial.

       2. 103B. Constitution of field general courts-martial.

       3. 103C. Field General Court-Martial Rules.

       4. 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       5. 105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       6. 106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   24. Confirmation, Revision and Review of Proceedings of Courts-Martial

       1. 107. Confirmation of proceedings of courts-martial.

       2. 108. Petitions against finding or sentence.

       3. 109. Revision of findings of courts-martial.

       4. 110. Powers of confirming officers.

       5. 111. Confirming officers.

   25. Review of proceedings of courts-martial

       1. 112. Approval as well as confirmation required for certain death sentences.

       2. 113. Review of findings and sentences of courts-martial.

       3. 113AA. Powers of the reviewing authority.

       4. 113A. Power of reviewing authority to authorise retrial.

       5. 113B. Scope of section 113C

       6. 113C. Review of sentences by Courts-Martial Appeal Court

       7. 114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   26. Review of summary findings and awards

       1. 115. Review of summary findings and awards

   27. Findings of unfitness to stand trial and insanity

       1. 115A. Fitness to stand trial

       2. 115B. Finding that the accused did the act or made the omission charged

       3. 116. Findings of insanity

       4. 116A. Powers to deal with person unfit to stand trial or not guilty by reason of insanity

       5. 116B. Orders under the Mental Health Act

       6. 116C. Supervision orders

       7. 116D. Provisions supplementary to sections 115A to 116C

   28. Saving for functions of Judge Advocate General

       1. 117. Saving for functions of Judge Advocate General.

   29. Commencement, suspension and duration of sentences

       1. 118. Commencement of sentences.

       2. 118ZA. Commencement of sentence of detention awarded by commanding officer.

       3. 118A. Consecutive terms of imprisonment and detention.

       4. 119. Duration of sentences of imprisonment and detention.

       5. 119A. Limitation of total period of sentences of detention.

       6. 120. Suspension of sentences.

       7. 120ZA. Activation of suspended sentence: appeals

       8. 120A. Postponement of sentences.

   30. Execution of sentences of death, imprisonment and detention

       1. 121. Execution of sentences of death.

       2. 122. Imprisonment and detention rules.

       3. 123. Supplementary provisions relating to regulations and rules under ss. 121 & 122.

       4. 124. Restrictions on serving of sentences of detention in prisons.

       5. 125. Special provisions as to civil prisons in the United Kingdom.

       6. 126. Special provisions as to carrying out or serving of sentences outside the United Kingdom otherwise than in air-force establishments.

       7. 127. Country in which sentence of imprisonment or detention to be served.

       8. 128. Application of enactments relating to coroners.

       9. 129. Duties of governors of prisons and others to receive prisoners.

       10. 130. Application to military establishments and custody.

   31. Trial of persons ceasing to be subject to air-force law and time limits for trials

       1. 131. Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject to this Act.

       2. 132. Limitation of time for trial of offences under this Act.

   32. Relations between air-force law and civil courts and finality of trials

       1. 133. Jurisdiction of civil courts.

       2. 133A. Financial penalty enforcement orders.

       3. 134. Persons not to be tried under this Act for offences already disposed of.

   33. Inquiries

       1. 135. Boards of inquiry.

       2. 136. Inquiries into absence.

       3. 137. Unit inquiries.

   34. Miscellaneous provisions

       1. 138. Restitution or compensation for theft, etc.

       2. 139. Appointment of judge advocates.

       3. 140. Promulgation.

       4. 141. Custody of proceedings of courts-martial and right of accused to a copy thereof.

       5. 141A. Right of penalised parent or guardian to copy of record of court-martial proceedings.

       6. 142. Indemnity for prison officers, etc.

   35. Interpretation

       1. 143. Interpretation of Part II.

4. Part III Forfeitures and Deductions and Enforcement of Maintenance Liabilities

   1. 144. Forfeitures and deductions: general provisions.

   2. 145. Forfeiture of pay for absence from duty.

   3. 146. Deduction for payment of civil penalties.

   4. 147. Compensation for loss occasioned by wrongful act or negligence.

   5. 148. Deductions for barrack damage.

   6. 149. Remission of forfeitures and deductions.

   7. 150. Enforcement of maintenance and affiliation orders by deduction from pay.

   8. 150A. Enforcement of maintenance assessment by deductions from pay.

   9. 150AA. Enforcement of maintenance assessment by deductions from pay.

   10. 151. Deductions from pay for maintenance of wife or child.

   11. 151A. Deductions from pay in respect of judgment debts etc.

   12. 152. Limit of deductions under ss. 150 and 151 and effect on forfeiture.

   13. 153. Service of process in maintenance proceedings.

5. Part IV Billeting and Requisitioning of Vehicles

   1. Billeting

      1. 154. Billeting requisitions.

      2. 155. Premises in which billets may be provided.

      3. 156. Provision of billets.

      4. 157. Billeting schemes.

      5. 158. Accommodation to be provided and payment therefor.

      6. 159. Appeals against billeting.

      7. 160. Compensation for damage.

      8. 161. Refusal to receive persons billeted, etc.

      9. 162. Application to civilians employed with air force.

      10. 163. Local authority.

      11. 164. Suspension of laws against billeting.

   2. Requisitioning of vehicles

      1. 165. Requisitioning orders.

      2. 166. Provision of vehicles.

      3. 167. Period for which vehicles to be furnished.

      4. 168. Payment for vehicles furnished.

      5. 169. Avoidance of hardship in requisitioning of vehicles.

      6. 170. Record and inspection of mechanically propelled vehicles.

      7. 171. Enforcement of provisions as to requisitioning.

      8. 172. Application to aircraft and stores.

      9. 173. Liability of Crown for damage by vehicles being delivered for requisitioning.

   3. General

      1. 174. Bringing into operation of ss. 154 and 165.

      2. 175. Regulations and orders.

      3. 176. Interpretation of Part IV.

6. Part V General Provisions

   1. Powers of command

      1. 177. Powers of command.

      2. 178. Powers of command of members of co-operating naval or military forces.

   2. Attachment to naval or military forces

      1. 179. Attachment of members of air forces to naval or military forces.

   3. Redress of complaints

      1. 180. Redress of complaints.

      2. 181. Complaints by warrant officers, non-commissioned officers and airmen.

   4. Exemptions for members of regular air force

      1. 182. Officers on active list not to be sheriffs.

      2. 183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 184. Exemptions from tolls, etc.

      4. 185. Exemption from taking in execution of property used for air-force purposes.

   5. Provisions relating to deserters and absentees without leave

      1. 186. Arrest of deserters and absentees without leave.

      2. 187. Proceedings before a civil court where persons suspected of illegal absence.

      3. 188. Deserters and absentees without leave surrendering to police.

      4. 189. Certificates of arrest or surrender of deserters and absentees.

      5. 190. Duties of governors of prisons and others to receive deserters and absentees.

   6. Further powers of arrest of civil authorities

      1. 190A. Arrest under warrants of commanding officers.

      2. 190B. Arrest of persons unlawfully at large.

   7. Offences relating to air-force matters punishable by civil courts

      1. 191. Punishment for pretending to be a deserter.

      2. 192. Punishment for procuring and assisting desertion.

      3. 193. Punishment for obstructing members of regular air force in execution of duty.

      4. 194. Punishment for aiding malingering.

      5. 195. Unlawful purchase, etc., of air-force stores.

      6. 196. Illegal dealings in documents relating to pay, pensions, mobilisation, etc.

      7. 197. Unauthorised use of and dealing in decorations, etc.

   8. Provisions as to evidence

      1. 198. General provisions as to evidence.

      2. 198A, 198B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 198C. Provision as to age.

      4. 199. Proof of outcome of civil trial.

      5. 200. Evidence of proceedings of courts martial.

      6. 200A. False statements in computer record certificates.

   9. Miscellaneous provisions

      1. 201. Restrictions on reduction in rank of warrant officers and non-commissioned officers.

      2. 202. Temporary reception in civil custody of persons under escort.

      3. 203. Avoidance of assignment of or charge on air-force pay, pensions, etc.

      4. 204. Power of certain officers to take affidavits and declarations.

      5. 204A. Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings.

7. Part VI Application of Act and Supplemental Provisions

   1. Persons subject to air-force law

      1. 205. Persons subject to air-force law: general provisions.

      2. 206. Persons subject to air-force law: Commonwealth forces.

      3. 207. Persons subject to air-force law: Colonial forces.

      4. 208. Persons subject to air-force law: attached members of naval and military forces.

      5. 208A. Application of Act to passengers in H.M. ships and aircraft.

      6. 209. Application of Act to civilians.

   2. Application of Act to particular forces

      1. 210. Application of Act to reserve and auxiliary forces.

      2. 211. Modification of certain provisions in relation to women.

   3. Application to different countries

      1. 212. Application to Scotland.

      2. 213. Application to Northern Ireland.

      3. 214. Application to Channel Islands and Isle of Man.

      4. 215. Application to certain overseas territories.

      5. 216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. Supplemental provisions

      1. 218. Jurisdiction of courts.

      2. 219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 220. Provisions as to summary fines in Colonies.

      4. 221. Execution of orders, instruments, etc.

      5. 222. Provisions as to active service.

      6. 223. General provisions as to interpretation.

      7. 224. Short title, commencement and duration.

8. SCHEDULES

   1. FIRST SCHEDULE

      Procedure for Attestation

      1. 1. The recruiting officer shall warn the person to be enlisted...

      2. 2. He shall then read, or cause to be read, to...

      3. 3. He shall then ask that person to make and sign...

      4. 4. Upon signing the declaration and taking the oath the said...

      5. 5. The recruiting officer shall by signature attest, in the manner...

      6. 6. When in accordance with such regulations the recruit is finally...

   2. SECOND SCHEDULE

   3. THIRD SCHEDULE

      Alternative offences of which accused may be convicted by court-martial

   4. FOURTH SCHEDULE

      Supplementary Provisions as to Payment for Requisitioned Vehicles

      1. 1. (1) Subject to the provisions of this Schedule, any payment...

      2. 2. (1) As soon as may be after the furnishing of...

      3. 3. (1) A person to whom a receipt or notice under...

      4. 4. (1) Subject to the provisions of the last foregoing paragraph...

      5. 5. The instructions of the Defence Council referred to in paragraph...

      6. 6. In the foregoing provisions of this Schedule, the expression “damage”...

      7. 7. Nothing in the foregoing provisions of this Schedule shall apply...

      8. 8. A county court shall have jurisdiction to deal with any...

   5. FIFTH SCHEDULE

      Civilians outside the United Kingdom subject to Part II when not on Active Service

      1. 1. Persons serving Her Majesty, or otherwise employed, in such capacities...

      2. 2. Persons who are employed by, or in the service of,...

      3. 3. Persons belonging to or employed by any other organisation so...

      4. 4. Persons who, for the purposes of their profession , business...

      5. 5. Persons forming part of the family of members of any...

      6. 6. Persons forming part of the family of persons falling within...

      7. 7. Persons employed by members of any of Her Majesty’s naval,...

      8. 8. Persons employed by persons falling within paragraphs 1 to 6...

      9. 9. Persons forming part of the family of persons falling within...

   6. SCHEDULE 5A

      Powers of Court on Trial of Civilian

      1. General

         1. 1. The powers conferred by this Schedule shall be exercisable on...

         2. 2. (1) In this Schedule— “community supervision order” has the meaning...

      2. Deferment of award of sentence

         1. 2A. (1) Subject to the provisions of this paragraph, where a...

      3. Absolute and conditional discharge

         1. 3. (1) The court by which a civilian is found guilty...

      4. Community supervision orders

         1. 4. (1) Subject to sub-paragraph (4) below, where a civilian is...

      5. Absolute and conditional discharge and community supervision orders—supplementary

         1. 5. (1) If upon finding a person guilty of an offence...

      6. Reception orders and committal into care—general

         1. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. Committal into care—England and Wales

         1. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. Committal into care—transfer to Scotland

         1. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. Committal into care—transfer to Northern Ireland

         1. 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. Custodial orders

          1. 10. (1) Where a civilian who has attained the minimum age...

      11. Compensation orders

          1. 11. (1) The court, on finding a civilian guilty of an...

          2. 12. (1) The operation of a compensation order made by a...

      12. Imposition of fines on and making of compensation orders against parents and guardians

          1. 13. (1) Where— (a) a civilian under 17 years of age...

      13. Orders requiring parents or guardians to enter into recognisance

          1. 14. (1) Subject to sub-paragraph (2) below, where a civilian under...

      14. Scale of punishments and orders

          1. 15. (1) In their application to civilians, references in this Act...

      15. Indemnity for persons carrying out orders under Schedule

          1. 16. No action shall lie in respect of anything done by...

      16. Regulations

          1. 17. (1) The Secretary of State may by regulations make provision...

   7. SIXTH SCHEDULE

      Application of Act to attached Members of Naval and Military Forces

      1. 1. (1) As respects the punishment of a person subject to...

      2. 2. For the purposes of the provisions of this Act relating...

      3. 3. . . . . . . . . . ....

      4. 3A. Notwithstanding anything in section two hundred and one of this...

      5. 3B. In relation to a person subject to air-force law as...

      6. 4. . . . . . . . . . ....

      7. 5. In proceedings under this Act against a person subject to...

      8. 6. In the application of this Act to a person subject...

      9. 7. In relation to a person subject to air-force law as...

      10. 8. In the application of sections one hundred and forty-four and...

      11. 9. Sections one hundred and fifty to one hundred and fifty-two...

      12. 10. In this Schedule— (a) references to a person’s own service...

      13. 11. In relation to officers, warrant officers non-commissioned officers and marines...