Air Force Act 1955 (repealed)

SIXTH SCHEDULEF16 F17 U.K. Application of Act to attached Members of Naval and Military Forces

Textual Amendments applied to the whole legislation

F16 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

F17 Act repealed (1.1.2008 for the repeal of s. 180 only, 1.10.2008 for the repeal of ss. 135-137 and 28.3.2009 for further specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2)); S.I. 2008/1650, art. 2(e) (with art. 3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

1 (1) As respects the punishment of a person subject to air-force law by virtue of section two hundred and eight of this Act, the following provisions of this paragraph shall have effect. U.K.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If he is a member of any of Her Majesty’s naval forces F2 . . . , references to reduction to the ranks or any less reduction in rank shall be construed as references to disrating to an extent not greater than that which would have been authorised on conviction by a court-martial under [F3 the M1 Naval Discipline Act 1957]

Textual Amendments

F1 Ss. 40, 41, 53, 58, 67, 75(3), 81(3), 210(3), Sch. 3 paras. 5, 8, Sch. 6 para. 1(2) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F2 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

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

Marginal Citations

M1 1957 c. 53.

2 U.K. For the purposes of the provisions of this Act relating to the constitution of courts-martial an officer subject to air-force law as aforesaid shall be treated as an officer belonging to Her Majesty’s air forces of corresponding rank.

F4 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 179(3), Sch. 6 paras. 3, 4 repealed by S.I. 1964/488, Sch. 1 Pt. I

[F5 3A U.K. Notwithstanding anything in section two hundred and one of this Act, a commanding officer dealing summarily, under section seventy-eight of this Act, with a lance-corporal or lance-bombardier subject to air-force law as aforesaid may, if he finds him guilty and awards no other punishment or no other punishment except stoppages, order him to be reduced to the ranks.]

Textual Amendments

F5 Para. 3A inserted by Army and Air Force Act 1961 (c. 52), s. 37(1)(3)

[F6 3B U.K. In relation to a person subject to air-force law as aforesaid, section 78(4) of this Act shall have effect with the addition, after the words added by section 22 of the M2 Army and Air Force Act 1961, of the words “or, where his permanent rank is that of lance-corporal or lance-bombardier, to forfeit his acting rank and be reduced to the ranks”.]

Textual Amendments

F6 Para. 3B inserted by Armed Forces Act 1966 (c. 45), s. 30

Marginal Citations

M2 1961 c. 52.

F7 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 179(3), Sch. 6 paras. 3, 4 repealed by S.I. 1964/488, Sch. 1 Pt. I

5 U.K. In proceedings under this Act against a person subject to air-force law as aforesaid any document which would have been evidence in the like proceedings under his own service law shall be evidence in like manner, subject to the like conditions and for the like purposes as in the first-mentioned proceedings.

6 U.K. In the application of this Act to a person subject to air-force law as aforesaid references to the regular air force shall include references to his own service, and references to any rank shall include references to the corresponding rank of his own service.

7 U.K. In relation to a person subject to air-force law as aforesaid subsection (3) of section one hundred and thirty-two of this Act shall have effect with the [F8 substitution for references to air-force law of references to service law.]

Textual Amendments

F8 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 6(2)

8 U.K. In the application of sections one hundred and forty-four and one hundred and forty-nine of this Act to a person subject to air-force law as aforesaid references to an order under section two of the M3 Air Force (Constitution) Act 1917, shall include references to an Order in Council (if he is a member of any of Her Majesty’s naval forces or of the Royal Marines) or to a Royal Warrant (if he is a member of any of Her Majesty’s military forces other than the Royal Marines).

Marginal Citations

M3 1917 c. 51.

9 U.K. Sections one hundred and fifty to one hundred and fifty-two F9 . . .of this Act shall not apply to a person subject to air-force law as aforesaid.

Textual Amendments

F9 Words in Sch. 6 para. 9 repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 6 para. 43, Sch. 7 Pt. 7; S.I. 2001/3234, art. 2

10 U.K. In this Schedule—

(a) references to a person’s own service shall be construed as references to the naval or miltary force to which he belongs,

(b) references to a person’s own service law shall be construed as references to [F10 the M4 Naval Discipline Act 1957] or to military law, and

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

according as he is a member of Her Majesty’s naval forces or Her Majesty’s military forces.

Textual Amendments

F10 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F11 Para. 10(c) repealed by S.I. 1964/488, Sch. 1 Pt. I

Marginal Citations

M4 1957 c. 53.

11 U.K. In relation to officers, [F12 warrant officers] non-commissioned officers and marines of the Royal Marines who are subject to air-force law as aforesaid, the foregoing provisions of F13 . . . this Schedule shall have effect F14 . . . as if references to a person’s own service law included references to [F15 the M5 Naval Discipline Act 1957].

Textual Amendments

F12 Words inserted by Armed Forces Act 1976 (c. 52), s. 3(2), Sch. 1 para. 4

F13 Words repealed by Army and Air Force Act 1961 (c. 52), Sch. 2

F14 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

F15 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Marginal Citations

M5 1957 c. 53.