Air Force Act 1955

SCHEDULES

Sections 2, 18, 23.

FIRST SCHEDULE Procedure for Attestation

1 The recruiting officer shall warn the person to be enlisted that if he makes any false answer to the questions to be read out to him he will be liable to be punished as provided by this Act.

2 He shall then read, or cause to be read, to that person the questions set out in the attestation paper and satisfy himself that he understands each of those questions and that his answers thereto have been duly recorded in the attestation paper.

3 He shall then ask that person to make and sign the declaration set out in the attestation paper as to the truth of the answers and shall administer to him the oath of allegiance as set out in the attestation paper.

4 Upon signing the declaration and taking the oath the said person shall become an airman of the regular air force.

5 The recruiting officer shall by signature attest, in the manner required by the attestation paper, that the requirements of this Act as to the attestation of the recruit have been carried out and shall deliver the attestation paper duly dated to such person as may be prescribed by regulations of the Air Council.

6 When in accordance with such regulations the recruit is finally approved for service, the officer by whom he is approved shall at his request furnish him with a certified copy of the attestation paper.

Sections 20, 213.

SECOND SCHEDULE Persons entitled to object to Enlistment of National Service men on Regular Engagement

An objection under subsection (3) of section twenty of this Act may be made, in any of the circumstances specified in the first column of the following table, by the person or either of the persons specified in relation thereto in the second column of that table.

TABLE

Circumstances	Person or persons entitled to object
1. Where the person enlisted is legitimate, and both his parents are living:
(a) if his parents are living together;	Both parents.
(b) if his parents are divorced or separated by order of any court or by agreement;	The parent to whom the custody of the person enlisted is committed by order of the court or by the agreement, or, if the custody of the person enlisted is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents.
(c) if one parent has been deserted by the other;	The parent who has been deserted.
(d) if both parents have been deprived of custody of the person enlisted by order of the court.	The person to whose custody the person enlisted is committed by order of the court.
2. Where the person enlisted is legitimate and one parent is dead:
(a) if there is no guardian;	The surviving parent.
(b) if a guardian has been appointed by the deceased parent.	The surviving parent and the guardian (if acting) jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of the person enlisted.
3. Where the person enlisted is legitimate, and both parents are dead.	The guardian or guardians appointed by the deceased parents or by the court under section four of the Guardianship of Infants Act, 1925.
4. Where the person enlisted is illegitimate, and his mother is alive.	The mother, or if she has by order of any court been deprived of the custody of the person enlisted, the person to whom the custody of the person enlisted has been committed by order of the court.
5. Where the person enlisted is illegitimate, and his mother is dead.	The guardian appointed by his mother or by the court under section four of the Guardianship of Infants Act, 1925.

Section 98.

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

Offence charged	Alternative offence
1. Communicating with or giving intelligence to the enemy, either with intent to assist the enemy or without authority.	1. Disclosing information without authority.
2. (a) Using violence to his superior officer otherwise than by striking him. (b) Offering violence to his superior officer.
3. Using violence to his superior officer otherwise than by striking him.	3. Offering violence to his superior officer.
4. Using threatening language to his superior officer.	4. Using insubordinate language to his superior officer.
5. Disobeying, in such a manner as to show wilful defiance of authority, a lawful command given or sent to him personally.	5. Disobeying a lawful command.
6. Desertion.	6. Absence without leave.
7. Attempting to desert.	7. Absence without leave.
8. Stealing any property.	8. Fraudulently misapplying the property.
9. Any offence against section forty-four or forty-five of this Act involving wilfulness.	9. The corresponding offence involving negligence.
10. Any offence against subsection (1) of section fifty-four of this Act.	10. Any offence against subsection (2) of section fifty-four of this Act.
11. Any offence against section fifty-five of this Act involving striking.	11. (a) The corresponding offence involving the use of violence other than striking. (b) The corresponding offence involving the offering of violence.
12. Any offence against section fifty-five of this Act involving the use of violence other than striking.	12. The corresponding offence involving the offering of violence.

Sections 168, 172.

FOURTH SCHEDULE Supplementary Provisions as to Payment for Requisitioned Vehicles

1 (1) Subject to the provisions of this Schedule, any payment under subsection (1) of section one hundred and sixty-eight of this Act shall (without prejudice to any agreement as to payment on account) become due on the expiration of the period for which possession of the vehicle in question is retained.

(2) Subject to the provisions of this Schedule, any payment under subsection (2) of section one hundred and sixty-eight of this Act shall become due on the furnishing of the vehicle.

(3) Any payment under paragraph (b) of subsection (3) of the said section one hundred and sixty-eight shall become due on the furnishing of the vehicle.

2 (1) As soon as may be after the furnishing of a vehicle there shall be given or sent to the person by whom it was furnished, by such person and in such form and manner as may be specified by instructions of the Air Council, a receipt for the vehicle specifying what payment, at what rate or of what amount, is offered in respect of the furnishing thereof under paragraph (a) of subsection (1), or as the case may be under subsection (2), of section one hundred arid sixty-eight of this Act.

(2) As soon as may be after the end of the period for which possession of a vehicle is retained, there shall be given or sent to the person by whom the vehicle was furnished, by such person and in such form and manner as aforesaid, a notice stating whether any, and if so what, damage to the vehicle has occurred during the period for which possession of the vehicle was retained, other than damage which has been made good by a person acting on behalf of Her Majesty, or that the total loss of the vehicle has occurred, and specifying what payment is offered in respect of the damage or loss under paragraph (b) or (c) of subsection (1) of section one hundred and sixty-eight of this Act.

3 (1) A person to whom a receipt or notice under the last foregoing paragraph has been given or sent (hereinafter referred to as " the claimant") shall be deemed to have accepted the offer contained therein unless within three weeks from the time at which he received the receipt or notice he gives notice to the person by whom the receipt or notice was given or sent that he claims some specified greater amount or rate.

(2) Where a notice under the last foregoing paragraph has been given or sent stating that no damage has occurred to a vehicle during the period for which possession of the vehicle is retained, the claimant shall be deemed to have agreed that no damage has so occurred unless within three weeks from the time at which he received the notice he gives notice to the person by whom the notice was given or sent claiming that damage has so occurred and stating what payment he claims under subsection (1) of section one hundred and sixty-eight of this Act in respect of the damage.

(3) On the making of a claim under either of the two last foregoing sub-paragraphs the Air Council may notify the claimant either that they do not propose to make any further offer or that they make a specified further offer.

4 (1) Subject to the provisions of the last foregoing paragraph and to the following provisions of this paragraph, a county court shall have jurisdiction to determine any dispute—

(a) as to the amount of any payment due under subsection (1) or (2) of section one hundred and sixty-eight of this Act, or whether any payment is due under any provision of the said subsection (1), or

(b) as to the amount of any payment due under paragraph (b) of subsection (3) of that section,

irrespective of the amount in dispute.

(2) An application to the county court for the determination of any such dispute as is mentioned in head (a) of the last foregoing sub-paragraph shall not be made before the expiration of three weeks from the making of the claim under sub-paragraph (1) or (2) of the last foregoing paragraph unless a notification has been given to the applicant under sub-paragraph (3) of the last foregoing paragraph; and where such a notification contains a further offer by the Air Council, the person to whom it is given shall be deemed to have accepted the offer unless he makes such an application within three weeks from receipt of the notification.

5 The instructions of the Air Council referred to in paragraph 2 of this Schedule shall secure that any receipt or notice under that paragraph, or any notification under sub-paragraph (2) of the last foregoing paragraph, contains a statement of the effect of paragraph 3 of this Schedule or, as the case may be, of sub-paragraph (2) of the last foregoing paragraph.

6 In the foregoing provisions of this Schedule, the expression " damage " does not include damage resulting in a total loss, or damage attributable to fair wear and tear.

7 Nothing in the foregoing provisions of this Schedule shall apply to a case falling within subsection (4) of section one hundred and sixty-eight or the proviso to subsection (2) of section one hundred and seventy-two of this Act, and any sum payable by virtue of that subsection or proviso shall become due on the making, by the person by whom the vehicle is required to be furnished, of a claim therefor to such authority as may have been specified in that behalf in the direction requiring the furnishing of the vehicle (or if no such authority was specified, to the Air Council):

Provided that before making any such payment the said authority or the Air Council, as the case may be, may require reasonable particulars of the damage in question and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by them to inspect the vehicle in question.

8 A county court shall have jurisdiction to deal with any claim arising under subsection (4) or subsection (5) of section one hundred and sixty-eight of this Act, or under the proviso to subsection (2) of section one hundred and seventy-two thereof, irrespective of the amount of the claim.

Sections 204, 209.

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

1 Persons serving Her Majesty, or otherwise employed, in such capacities connected with Her Majesty's naval, military or air forces as may be specified for the purposes of this Schedule by regulations of the Air Council, being persons serving or employed under Her Majesty's Government in the United Kingdom.

2 Persons who are employed by, or in the service of, any naval, military or air-force organisation so specified to which Her Majesty's Government in the United Kingdom is a party and are employed by or in the service of that organisation by reason of that Government being a party thereto.

3 Persons belonging to or employed by any other organisation so specified which operates in connection with Her Majesty's naval, military or air forces.

4 Persons who, for the purposes of their profession or employment, are attached to or accompany any of Her Majesty's naval, military or air forces in pursuance of an authorisation granted by or on behalf of the Admiralty, the Army Council or the Air Council.

5 Persons forming part of the family of members of any of Her Majesty's naval, military or air forces and residing with them or about to reside or departing after residing with them.

6 Persons forming part of the family of persons falling within paragraphs 1 to 4 of this Schedule and residing with them or about to reside or departing after residing with them.

7 Persons employed by members of any of Her Majesty's naval military or air forces.

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

9 Persons forming part of the family of persons falling within either of the last two foregoing paragraphs and residing with them or about to reside or departing after residing with them.

Section 208.

SIXTH SCHEDULE Application of Act to attached Members of Naval and Military Forces

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.

(2) If he is a member of any of Her Majesty's military forces, references to forfeiture in the prescribed manner of seniority of rank shall be construed as references to forfeiture of seniority in the army or the corps to which he belongs in such manner as may be prescribed by Rules of Procedure.

(3) If he is a member of any of Her Majesty's naval forces references to cashiering or discharge with ignominy shall be construed as references to dismissal with disgrace from Her Majesty's service, 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 the Naval Discipline Act, and paragraph (g) of subsection (2) of section seventy-two of this Act shall not apply.

2 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.

3 As respects the reconsideration of any sentence of a court-martial under this Act passed on a person subject to air-force law as aforesaid, the reference to the Air Council shall include a reference to his own Service Authority, and the functions of the authority required by those provisions to reconsider a sentence may be exercised by his own Service Authority.

4 As respects the review of a finding or award made on the summary disposal of a charge against a person subject to air-force law as aforesaid, references to the Air Council in the provisions of this Act relating to such reviews shall include references to his own Service Authority.

5 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 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 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 substitution for the period of three months therein mentioned of the period of three months next after the earliest date on which he is no longer subject either to air-force law or to his own service law.

8 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 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).

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

10 In this Schedule—

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

(b) references to a person's own service law shall be construed as references to the Naval Discipline Act or to military law, and

(c) references to a person's own Service Authority shall be construed as references to the Admiralty or to the Army Council,

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

11 In relation to officers, non-commissioned officers and marines of the Royal Marines who are subject to air-force law as aforesaid, the foregoing provisions of this Part of this Schedule shall have effect as if for the references to the Army Council there were substituted references to the Admiralty and as if references to a person's own service law included references to the Naval Discipline Act.

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Lunacy (Scotland) Act, 1862	25 & 26 Vict. c. 54.
Naval Discipline Act	29 & 30 Vict. c. 109.
Capital Punishment Amendment Act, 1868	31 & 32 Vict. c. 24.
Bastardy Laws Amendment Act, 1872	35 & 36 Vict. c. 65.
Lunacy Act, 1890	53 & 54 Vict. c. 5.
Larceny Act, 1916	6 & 7 Geo. 5. c. 50.
Air Force (Constitution) Act, 1917	7 & 8 Geo. 5. c. 51.
Maintenance Orders (Facilities for Enforcement) Act, 1920	10 & 11 Geo. 5. c. 33.
Guardianship of Infants Act, 1925	15 & 16 Geo. 5. c. 45.
Road Traffic Act, 1930	20 & 21 Geo. 5. c. 43.
National Service Act, 1948	11 & 12 Geo. 6. c. 64.
Ireland Act, 1949	12, 13 & 14 Geo. 6. c. 41.
Justices of the Peace Act, 1949	12, 13 & 14 Geo. 6. c. 101.
Air Force Reserve Act, 1950	14 Geo. 6. c. 33.
Courts-Martial (Appeals) Act, 1951	14 & 15 Geo. 6. c. 46.
Prisons Act, 1952	15 & 16 Geo. 6. & 1 Eliz. 2. c. 52.
Magistrates' Courts Act, 1952	15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.
Prisons (Scotland) Act, 1952	15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.
Auxiliary Forces Act, 1953	1 & 2 Eliz. 2. c. 50.
Army Act, 1955	3 & 4 Eliz. 2. c. 18.