Armed Forces Act 1966 (repealed)

Amendments applicable alike to M1 Army Act 1955 and M2 Air Force Act 1955 U.K.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

21, 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 8(2), 21, 22, 27(1), 32 repealed with savings by Armed Forces Act 1971 (c. 33), s. 78(4)(a), Sch. 4 Pt. I

23 Power of Defence Council to authorise further officers to deal summarily with charges against certain officers and warrant officers. U.K.

(1) For section 82(2) of the M3 Army Act 1955 (which makes provision as to the authority, therein referred to as the appropriate superior authority, who may deal summarily with charges against officers below the rank of lieutenant-colonel or against warrant officers), except the proviso thereto, there to shall be substituted the following words— “The following persons may act as appropriate superior authority in relation to a person charged with an offence, that is to say—

(a) any general officer, flag officer, air officer or brigadier having power to convene general courts-martial; or

(b) such other general officer, flag officer, air officer or brigadier, or, where the Defence Council in special circumstances so direct, colonel or naval or air force officer of corresponding rank, as may be specified by or under regulations of the Defence Council”

(2) In section 82(2) of the M4 Air Force Act 1955 (which includes, among the persons who may be specified by or under regulations of the Defence Council to act as appropriate superior authority for dealing summarily with charges against certain officers and against warrant officers, a group captain in a case in which the Defence Council in special circumstances direct) after the words “group captain” there shall be inserted the words “ or naval or military officer of corresponding rank ”.

Modifications etc. (not altering text)

C1 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1955 c.18.

M4 1955 c. 19

24 Qualification for membership of court martial. U.K.

(1) The requirement imposed by each of the following provisions of the M5 Army Act 1955, namely, sections 87(2) (qualification of officer for membership of general court-martial), 88(2) (qualification of officer for membership of district court-martial) and 90(3) (qualification of naval or air force officer in certain circumstances for membership of a court-martial) that, to be a member of a court-martial, an officer must have held a commission in any of the armed forces of the Crown for any period shall be construed as a requirement that he must have held a commission for that period in any of Her Majesty’s naval military or air forces within the meaning of the said Act, and the similar requirement imposed by each of the corresponding provisions of the M6 Air Force Act 1955 shall be similarly construed.

(2) Accordingly, sections 87(2), 88(2) and 90(3) of each of the said Acts shall have effect with the substitution, for the words “any of the armed forces of the Crown”, wherever they occur, of the words “any of Her Majesty’s naval, military or air forces”.

Modifications etc. (not altering text)

C2 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M5 1955 c. 18.

M6 1955 c. 19.

25 Jurisdiction of civil courts. U.K.

(1) M7 The Army Act 1955 shall have effect with the substitution, for section 133, of the following section:—

“133 (1) Where a person subject to military law—

(a) has been tried for an offence by a court-martial or has had an offence committed by him taken into consideration by a court-martial in sentencing him, or

(b) has been charged with an offence under this Act and has had the charge dealt with summarily by his commanding officer or the appropriate superior authority,

a civil court shall be debarred from trying him subsequently for an offence substantially the same as that offence; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdiction of any civil court to try a person subject to this Act for an offence.

(2) For the purposes of this section—

(a) a person shall not be deemed to have been tried by a court-martial if confirmation is withheld of a finding by the court-martial that he is guilty of the offence, or of a finding by the court-martial that he is not guilty of the offence by reason of insanity ;

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial in sentencing him if confirmation of the sentence is withheld or the sentence is quashed;

(c) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriate superior authority notwithstanding that the finding of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review thereof”

(2) The Air Force Act 1955 shall have effect with the substitution, for section 133 thereof, of a section in other respects similar to that set out in subsection (1) above but modified by the substitution, for the words “military law”, of the words “ air-force law ”.

Modifications etc. (not altering text)

C3 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M7 1955 c. 18

26 Amendments as to trial under Army Act 1955 and Air Force Act 1955 after trial by civil court. U.K.

(1) In section 134(1) of the M8 Army Act 1955—

(a) the provision whereby a person subject to military law who has been tried for an offence by a competent civil court shall not be liable in respect of that offence to be tried by court martial or to have the case dealt with summarily under that Act shall be extended so that the reference therein to a civil court shall have effect as a reference to such a court in any country;

(b) the provision whereby a person subject to military law who has had an offence committed by him taken into consideration by a civil court in sentencing him is not to be liable in respect of that offence to be tried or have the case dealt with as aforesaid shall be restricted so that the reference therein to a civil court shall not include a reference to such a court outside the United Kingdom.

(2) The foregoing subsection shall have effect in relation to section 134(1) of the M9 Air Force Act 1955 as it has effect in relation to section 134(1) of the M10 Army Act 1955 but with the substitution, for the words “military law”, of the words “ air-force law ”.

(3) Accordingly, in section 134(1) of the Army Act 1955, for paragraph (a) there shall be substituted the following paragraphs:—

“(a) has been tried for an offence by a competent civil court, wherever situated, or a court-martial (whether held under this Act, the Air Force Act 1955 or the Naval Discipline Act 1957), or

(aa) has had an offence committed by him taken into consideration when being sentenced by a competent civil court in the United Kingdom or any such court-martial as is referred to in the foregoing paragraph; or”

and in section 134(1) of the Air Force Act 1955, for paragraph (a), there shall be substituted paragraphs similar to those set out above but modified by the substitution, for the words “the Air Force Act 1955”, of the words “ the Army Act 1955 ”.

Modifications etc. (not altering text)

C4 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M8 1955 c. 18.

M9 1955 c. 19.

M10 1955 c. 18.

27 Amendments relating to Her Majesty’s aircraft, aircraft materials and ships. U.K.

(1) . . . F2

(2) In section 225 of the Army Act 1955 (interpretation), after subsection (1) and in section 223 of the Air Force Act 1955 (interpretation), after subsection (1), there shall be inserted the following subsections:—

“(1A) Any reference in this Act to Her Majesty’s aircraft is a reference to aircraft in the service of Her Majesty, whether belonging to Her Majesty or not, but does not include a reference to aircraft of a Commonwealth force other than aircraft placed at the disposal of Her Majesty for service with any of Her Majesty’s forces, and any reference to aircraft material shall be construed accordingly.

(1B) Any reference in this Act to Her Majesty’s ships is a reference to ships in the service of Her Majesty, whether belonging to Her Majesty or not, but does not include a reference to ships of any Commonwealth force other than ships placed at the disposal of Her Majesty for service with any of Her Majesty’s forces”

Textual Amendments

F2 Ss. 8(2), 21, 22, 27(1), 32 repealed with savings by Armed Forces Act 1971 (c. 33), s. 78(4)(a), Sch. 4 Pt. I

Modifications etc. (not altering text)

C5 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

28 Construction of references to Her Majesty’s forces, and amendment of definitions of “desertion” and “enemy”. U.K.

(1) Any reference in the M11 Army Act 1955 to Her Majesty’s forces shall, except in sections . . . F3 177 (power of Her Majesty to vest command in members of Her Majesty’s forces), be construed in accordance with the definition in section 225(1) of that Act of Her Majesty’s air forces, military forces, and naval forces, that is to say, except where otherwise provided, as not including a reference to a Commonwealth force as defined in that section.

(2) In the M12 Army Act 1955, the expression “enemy” shall be extended to include, as well as persons engaged in armed operations against any of Her Majesty’s forces, as provided by the said section 225(1), persons so engaged against any forces co-operating with Her Majesty’s forces.

(3) Any reference in the foregoing provisions of this section to the M13 Army Act 1955 shall include a reference to the M14 Air Force Act 1955, but those provisions shall, in their application to the last mentioned Act, have effect with the substitution, for the references to section 225(1), of references to section 223(1), and, for the reference to a soldier, of a reference to an airman.

(4) Accordingly, in section 225(1) of the Army Act 1955 and section 223(1) of the Air Force Act 1955, in the definition of “enemy”, after the words “any of Her Majesty’s forces” there shall be inserted the words “ or any forces co-operating therewith ”, and at the end of the paragraph beginning with the words “Her Majesty’s air forces” there shall be added the words “ and references to “Her Majesty’s forces”, except in sections 37 and 177, shall be construed accordingly ”.

Textual Amendments

F3 Words repealed with savings by Armed Forces Act 1971 (c. 33), s. 78(4)(a), Sch. 4 Pt. I

Modifications etc. (not altering text)

C6 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11 1955 c. 18.

M12 1955 c. 18.

M13 1955 c. 18.

M14 1955 c. 19.

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 29 repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2