Air Force Act 1955 (repealed)

144 Forfeitures and deductions: general provisions.F4 U.K.

(1) No forfeiture of the pay of an officer, warrant officer, non-commissioned officer or airman of the regular air force shall be imposed unless authorised by this or some other Act, and no deduction from such pay shall be made unless so authorised or authorised by an order under section two of the M1 Air Force (Constitution) Act 1917.

(2) An order under section two of the M2 Air Force (Constitution) Act 1917, shall not authorise the making of any penal deduction [F1 from such pay], that is to say a deduction to be made by reason of the commission of any offence or other wrongful act or in consequence of any negligence.

(3) The foregoing provisions of this section shall not prevent the making, by such an order or by any regulation, order or instruction of [F2 the Defence Council] of provision for the imposition of any forfeiture authorised by Act or the making of any deduction so authorised, or for the time at which and manner in which sums may be deducted from pay to give effect to authorised deductions or in which amounts may be so deducted in order to recover any fine imposed in pursuance of this Act, or as to the appropriation of any such sum or amount when deducted, or of provision for the determination of questions relating to forfeitures or deductions.

(4) Subsection (2) of this section shall not prevent the making by an order under section two of the M3 Air Force (Constitution) Act 1917, of provision for the deduction from a person’s pay as an officer, warrant officer, non-commissioned officer or airman of the regular air force of any sum which has become recoverable from him (whether by deduction from pay or otherwise) under the enactments relating to any of the reserve or auxiliary forces.

(5) Notwithstanding any deduction from the pay of an officer, warrant officer, non-commissioned officer or airman of the regular air force he shall (subject to any forfeiture) remain in receipt of pay at not less than such minimum rate as may be prescribed by order of [F2 the Defence Council].

(6) Notwithstanding that forfeiture of a person’s pay for any period has been ordered in pursuance of this Act, he may remain in receipt of pay at such minimum rate as aforesaid; but the amount received for that period may be recovered from him by deduction from pay.

(7) Any amount authorised to be deducted from the pay of an officer, warrant officer, non-commissioned officer or airman of the regular air force may be deducted from any balance (whether or not representing pay) which may be due to him, and references in this Act to the making of deductions from pay shall be construed accordingly . . . F3

Textual Amendments

F1 Words inserted by Armed Forces Act 1976 (c. 52), s. 19

F2 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F3 Words repealed by Armed Forces Act 1966 c. 45, Sch. 5

Modifications etc. (not altering text)

C1 S. 144(2) excluded by Armed Forces Act 1976 (c. 52). s. 19

Marginal Citations

M1 1917 c. 51.

M2 1917 c. 51.

M3 1917 c. 51.

Textual Amendments applied to the whole legislation

F4 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