Army and Air Force Act 1961 (repealed)

SCHEDULES

Section 16.

FIRST SCHEDULE U.K. Amendments of Part I of M1 Seventh Schedule to Army Act, 1955

Marginal Citations

M1 1955 c. 18.

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 1 paras. 1, 3, 6 repealed by S.I. 1964/488

2 U.K. In sub-paragraph (4) of paragraph 2 of the principal Schedule, after the words “Royal Marines” where secondly occurring, there shall be inserted the words “with the consent of the competent authority”.

Modifications etc. (not altering text)

C1 The text of ss. 22, 25, 26(1)(2), 27, 29(1)(2)(a), 35, 37(2)(3), Sch. 1 para. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not except as specified reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 1 paras. 1, 3, 6 repealed by S.I. 1964/488

4, 5. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 1 paras. 4, 5, 7(2) repealed by Armed Forces Act 1966 (c. 45), Sch. 5

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 1 paras. 1, 3, 6 repealed by S.I. 1964/488

7 (1) Paragraph 2 of this Schedule shall not apply to a marine serving in the Royal Marines at the relevant time . . . F5 U.K.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3) Any approval given under sub-paragraph (1) of paragraph 3 of the principal Schedule before the relevant time shall have effect as if it were approval given under the sub-paragraph substituted therefor by paragraph 3 of this Schedule, . . . F5

(4) In this paragraph “the relevant time” means the time at which this Schedule comes into operation.

Textual Amendments

F5 Words repealed by Armed Forces Act 1966 (c. 45), Sch.5

F6 Sch. 1 paras. 4, 5, 7(2) repealed by Armed Forces Act 1966 (c. 45), Sch. 5

Modifications etc. (not altering text)

C2 Power to repeal Sch. 1 para. 7(1)(3)(4) given by Armed Forces Act 1966 (c. 45), s. 2(2), Sch. 1

C3 “the principal Schedule” means Sch. 7 to Army Act 1955 (c. 18)

Sections 38 & 39.

SECOND SCHEDULE U.K. Minor and consequential Amendments of Enactments

Enactment	Amendment
. . . F7	. . . F7
. . . F7	. . . F7
. . . F7	. . . F7
. . . F8	. . . F8
The Army Act, 1955 (3 & 4 Eliz. 2. c. 18).	Subsection (3) of section thirty-seven shall not apply to a person who deserts at a time when he is continued in service under section eight of the Army Act, 1955, or section six of this Act.
	At the end of subsection (7) of section one hundred and forty-four ther shall be added the words “and the whole or any part of any sum forfeited from an offender’s pay may be recovered by deduction from any such balance”.
	In section one hnudred and ninety-eight, in subsection (5), for the words “one of the said service books” there shall be substituted the words “any such book or other document as aforesaid”, and after the words “custody of the book” there shall be substituted the words “or other document”.
	In section two hundred and twenty-five, in subsection (1), after the definition of “aircraft material” there shall be inserted the following definition:— “ “air signal” means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft”, and in the definition of “corps”, for the words “the regular forces”there shall be substituted the words “ Her Majesty’s Military forces”.
	In the Third Schedule, of paragraph 9 of the first column and paragraph 9 of the second column shall be omitted.
The Air Force Act, 1955 (3 & 4 Eliz. 2. c. 19).	Section seventeen shall not apply to a person who deserts at a time when he is continued in service under section eight of the Air Force Act, 1955, or section twelve of this Act.
	Subsection (3) of section thirty-seven shall not apply to a person who deserts at a time when he is continued in service under section eight of the Air Force Act, 1955, or section twelve of this Act
	In paragraph (e) of section one hundred and one, after the words “acting as a member thereof” there shall be inserted the words “or is so attending”, and the words “is so attending or” shall be omitted.
	At the end of subsection (7)of section one hundred and forty-four there shall be added the words “and the whole or any part of any sum forfeited from an offender’s pay may be recovered by deduction from any such balance”.
	In section one hundred and ninety-eight, in subsection (5), for the words “one of the said service books” there shall be substituted the words “any such book or other document as aforesaid”, and after the words “custody of the book” there shall be inserted the words “or other document”.
	In the Third Schedule, paragraph 9 of the first column and paragraph 9 of the second column shall be omitted.
	In the Sixth Schedule, in paragraph 11, the words “this Part of” shall be omitted.

Textual Amendments

F7 Sch. 2: entries relating to Recall of Army and Air Force Pensioners Act 1948, Army Reserve Act 1950 and Air Force Reserve Act 1950 repealed by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 10 Pt. II

F8 Entry repealed by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 6

Section 38.

THIRD SCHEDULE U.K. Transitional Provisions as to Punishments

1 U.K. In relation to a sentence of a court-martial announced before the end of the year nineteen hundred and sixty-one, but falling to be dealt with under section one hundred and ten of the M2 Army Act, 1955, or of the M3 Air Force Act, 1955, after that time, subsection (3) of that section shall have effect as if the reference to any punishment or punishments which could have been awarded by the court referred to any punishment or punishments which could have been so awarded had sections eighteen to twenty-six of this Act been in operation when the sentence was announced, and in relation to a finding or sentence of a court-martial announced before that time but falling to be reviewed after that time under section one hundred and thirteen of the M4 Army Act, 1955, or of the M5 Air Force Act, 1955, paragraph (c) of subsection (5) of that section shall have effect as if the reference to power conferred by the said subsection (3) referred to power conferred by that subsection as amended by this paragraph.

Marginal Citations

M2 1955 c. 18.

M3 1955 c. 19.

M4 1955 c. 18.

M5 1955 c. 19.

2 U.K. In relation to an award made before the time aforesaid in consequence of a charge’s having been dealt with summarily but falling to be reviewed under section one hundred and fifteen of the M6 Army Act, 1955, or of the M7 Air Force Act, 1955, after that time, subsections (3a) and (4) of that section shall each have effect as if the reference to a punishment or punishments which could have been included in the original award referred to a punishment or punishments which could have been so included had sections eighteen to twenty-six of this Act been in operation when the award was made.

Marginal Citations

M6 1955 c. 18.

M7 1955 c. 19.