http://www.legislation.gov.uk/id/ukpga/1981/55

Every enactment which refers to the armed forces or the naval, military or air forces of the Crown shall have effect as if the reference included a reference to the women’s services of those forces administered by the Defence Council and any enactment containing the words “men”, “soldiers”, “seamen”, “airmen” or other word importing a reference to persons of the male sex only as, or as having been, or as capable of being, members of the naval, military or air forces of the Crown shall have effect as if for such word there had been substituted therein words having a like meaning in other respects but importing a reference to persons of either sex.

(2)

Sub-paragraph (1) above applies for the interpretation of references to the reserve or auxiliary forces as it applies for the interpretation of references to the regular forces of the Crown.

(3)

Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the Royal Navy.

(4)

Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the naval, military or air forces of the Crown raised outside the United Kingdom; but nothing in this sub-paragraph affects the meaning of “visiting force” in the M1Visiting Forces (British Commonwealth) Act 1933 or Part I of the M2Visiting Forces Act 1952.

(5)

This paragraph has effect in place of subsection (1) of section 3 of the M3Army and Air Force (Women’s Service) Act 1948 (which makes corresponding provision in relation to the military and air forces) and of so much of any other enactment as explains, in relation to the women’s services, particular statutory references to the armed forces of the Crown; but the power to make Orders in Council under subsection (2) of that section shall include power to make the like provision in consequence of the preceding provisions of this paragraph so far as those provisions relate to the naval forces of the Crown.

Future enactments

F42

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Part II Specific

3

In section 2 of the Pensions Commutation Act 1871 M4, in the definition of “officer”, for the words “the Army and Navy” there shall be substituted the words “Her Majesty’s naval or land forces” and for the word “Navy” there shall be substituted the words “naval forces”.

4

In section 2(b) of the Colonial Prisoners Removal Act 1884 M5, for the words “the Royal Navy or to Her Majesty’s regular military forces” there shall be substituted the words “her Majesty’s regular military or naval forces”.

5

In the Uniforms Act 1894 M6, the following section shall be substituted for section 4:—

“4
In this Act— “Her Majesty’s Military Forces” has the same meaning as in the Army Act 1955 ; “Her Majesty’s Naval Forces” has the same meaning as in the Naval Discipline Act 1957.”.

6

In section 4 of the Air Force (Consititution) Act 1917 M7, for the words “His Majesty’s Navy or Army” there shall be substituted the words “the Royal Navy or His Majesty’s Army”.

7

In section 5(1) and in the definition of “British ship” insection 10 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 M8, for the words “His Majesty’s Navy” (in each place where those words occur) there shall be substituted the words “the Royal Navy”.

8

In section 68(2) of the Marriage Act 1949 M9, in paragraph (a), for the words following “is serving in” there shall be substituted the words “any of the regular armed forces of the Crown ; or” and in paragraph (b) for the word “mentioned” there shall be substituted the word “included”.

F59

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10

In section 21(5) of the Armed Forces Act 1976 M10, in the definition of “qualified officers”, for the word “Navy” (in each place where it occurs) there shall be substituted the words “Royal Navy”.

Part III Application to QARNNS and WRNS of Provisions of 1966 Act as to Discharge, Etc.

Preliminary

11 (1)

The provisions of the M11Armed Forces Act 1966 specified in paragraphs 12, 13 and 14 below shall apply to members of and persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service F6. . . in accordance with the provisions of those paragraphs.

(2)

In those paragraphs “rating”, in relation to Queen Alexandra’s Royal Naval Nursing Service F6. . ., means a member of that Service of or below the rate of warrant officer.

Postponement of discharge in event of war, etc.

F712

Section 4 (postponement of discharge or transfer to the reserve) shall have effect in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service as if it provided–

“4Postponement of discharge–QARNNS.
(1)
This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.
For the purposes of this section, “the relevant date”, in relation to a rating, means the date on which he would, apart from this section, be entitled to be discharged.
(2)
A rating to whom this section applies may be retained in service in Queen Alexandra’s Royal Naval Nursing Service after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly.
(3)
A rating may not be retained in Queen Alexandra’s Royal Naval Nursing Service after the relevant date for longer than twelve months.
(4)
A rating who is so retained is (if not discharged sooner) entitled to be discharged at the end of those twelve months.
(5)
If, while a person is being retained in service in Queen Alexandra’s Royal Naval Nursing Service by virtue of this section, it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged.
(6)
Where, at the time at which under subsections (1) to (5) above a person is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–
(a)
he may, by declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in Queen Alexandra’s Royal Naval Nursing Service while such a state of war exists, and
(b)
if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (5) above were a period continuing so long as a state of war exists;
but this is subject to subsection (7) below.
(7)
If it is so specified in the declaration, he shall be entitled to be discharged at the end of three months’ notice given by him to his commanding officer.”

Discharge

13

Section 6 (except subsection (5)) shall apply to ratings of Queen Alexandra’s Royal Naval Nursing Service F8. . . as it applies to ratings of the Royal Navy.

False statements on entry

14

Section 8 shall apply to persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service F9. . . as it applies to persons offering themselves for service in the Royal Navy.

SCHEDULE 4 Minor and Consequential Amendments

Section 28.

The Army Act 1955

F101

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The Rehabilitation of Offenders Act 1974

2 F11(1)

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F12(2)

~~The following entries shall be made in Table B in section 5(2) of the Rehabilitation of Offenders Act 1974~~ M12 ~~(rehabilitation period for particular sentences)—~~

(a)

~~after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—~~

“A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.
~~Seven years.”~~


“A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.	~~Seven years.”~~

(b)

~~after the second entry relating to such a custodial order—~~

~~“A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.~~
~~Three years.”~~


~~“A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.~~	~~Three years.”~~

The Rehabilitation of Offenders (Northern Ireland) Order 1978

3 F13(1)

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(2)

The following entries shall be made in Table B in Article 6(2) of the rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation period for particular sentences)—

(a)

after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—

“A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.
Seven years.”


“A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.	Seven years.”

(b)

after the second entry relaitng to a custodial order—

“A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.
Three years.”

SCHEDULE 5 Repeals

Section 28.

Part I Repeals consequent on assimilation of Women’s Services

Acts of Parliament of the United Kingdom

Chapter	Short Title	Extent of repeal
5 & 6 Geo. 6. c. 8.	The War Orphans Act 1942.	In section 1(4), the words “Nursing Service or other”
6 & 7 Geo. 6. c. 39.	The Pensions Appeal Tribunals Act 1943.	In section 12(1), in the definition of “His Majesty’s naval, military or air forces” the words “the nursing service and” and “other”.
7 & 8 Geo. 6. c. 10.	The Disabled Persons (Employment) Act 1944.	In section 7(1)(c) the words from “or in” to “this Act”.
		In section 16 the words “of the following classes, that is to say (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a).
10 & 11 Geo. 6. c. 44.	The Crown Proceedings Act 1947.	In section 38, subsection (5).
11 & 12 Geo. 6. c. 21.	The Army and Air Force (Women’s Service) Act 1948.	Section 3(1).
12, 13 & 14 Geo. 6. c. 68.	The Representation of the People Act 1949.	In section 46, subsection (2).
12, 13 & 14 Geo. 6. c. 76.	The Marriage Act 1949.	In section 68, in subsection (2), paragraph (d) and subsections (4) and (5).
		Schedule 3.
14 & 15 Geo. 6. c. 10.	The Reinstatement in Civil Employment Act 1950.	In section 1, paragraph (e).
		In section 5(2), paragraph (iii) and the words “or paragraph (iii)”.
		In section 8(1), the definition of “the competent naval, military or air force authority” and, in the definition of “service in the armed forces of the Crown”, the words following “regular forces”.
14 & 15 Geo. 6. c. 65.	The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.	In section 64, subsection (2).
		In Schedule 1, in paragraph 1, sub-paragraph (v).
3 & 4 Eliz. 2. c. 18.	The Army Act 1955.	In section 225(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”.
3 & 4 Eliz. 2. c. 19.	The Air Force Act 1955.	In section 223(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”.
1970 c. 10.	The Income and Corporation Taxes Act 1970.	In section 366(3) the following words, namely, “either”, or women serving in any of the capacities mentioned at the end of this subsection, “or women serving in any of the capacities so mentioned” and the list of capacities entitled “women’s services”.
		In section 366(4), the words “(whether men or women)”.
1970 c. 41.	The Equal Pay Act 1970.	In section 1(9), paragraph (b) and the word “or” immediately preceding it.
		In section 7(1) the words “or of any women’s service administered by the Defence Council” and “or of any such service”.
1974 c. 23.	The Juries Act 1974.	In section 9(1), the words “and others”.
		In Schedule 1, in Part III, the words from “the women’s” to “Nursing Service”.
1974 c. 46.	The Friendly Societies Act 1974.	In section 108, the words from “(which expression” to “Act)”.
		Schedule 8.
1974 c. 52.	The Trade Union and Labour Relations Act 1974.	In section 30(1), in the definition of “worker”, in paragraph (c), the words “or of any women’s service administered by the Defence Council”.
1975 c. 7.	The Finance Act 1975.	In Schedule 7, in paragraph 1, in sub-paragraph (2) the words “was employed as mentioned in sub-paragraph (3) below or” and the words “and not being so employed” and sub-paragraph (3).
1975 c. 65.	The Sex Discrimination Act 1975.	In section 85, in subsection (4), paragraph (b) and the word “or” immediately preceding it and, in subsection (6), the words “or service” and “(a) or (b)”.
1975 c. 71.	The Employment Protection Act 1975.	In section 121(3) the words “or of any women’s service administered by the Defence Council”.
1976 c. 25.	The Fair Employment (Northern Ireland) Act 1976.	In section 50(4), paragraph (a)(ii) and the immediately preceding “and”.
1976 c. 52.	The Armed Forces Act 1976.	In section 4, the words after “effect”. In Schedule 9, paragraph 9.
1976 c. 74.	The Race Relations Act 1976.	In section 75(10)(a) the words “(including any women’s service administered by the Defence Council)”.
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In section 138(3), the words “or of any women’s service administered by the Defence Council”.
		In Schedule 13, in paragraph 19(3), the words “or of any women’s service administered by the Defence Council”.
1980 c. 9.	The Reserve Forces Act 1980.	In Schedule 8, paragraph 5(1)(b) and the immediately preceding “and”.

Acts of the Parliament of Northern Ireland and instruments relating to Northern Ireland
1945 c. 6. (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1945.	In section 16, the words “of the following classes, that is to say : (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a).
		Schedule 1.
1960 c. 4. (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1960.	Section 4.
1965 c. 19. (N.I.)	The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965.	In Schedule 1, in paragraph 11A(3), the words “or of any women’s service administered by the Defence Council”.
1967 c. 32. (N.I.)	The Marriage (Registration of Buildings) Act (Northern Ireland) 1967.	In section 2, in subsection (1), paragraph (d) and subsections (2) and (3). Schedule 1.
1970 c. 32. (N.I.)	The Equal Pay Act (Northern Ireland) 1970.	In section 1(10) paragraph (b) and the word “or” immediately preceding it.
S.I. 1974/2143 (N.I. 6).	The Juries (Northern Ireland) Order 1974.	In Schedule 2, in the entry relating to members of the forces the words from “including” to “Council”.
S.I. 1976/1042 (N.I. 15).	The Sex Discrimination (Northern Ireland) Order 1976.	In Article 82, in paragraph (5), sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph and, in paragraph (7), the words “or service” and “(a) or (b)”.
S.I. 1976/1043 (N.I. 16).	The Industrial Relations (Northern Ireland) Order 1976.	In Article 2(2), in the definition of “worker”, in sub-paragraph (c), the words “or of any women’s service administered by the Defence Council”.
		In Article 79(2) the words “or any women’s service administered by the Defence Council”.
S.I. 1976/1213 (N.I. 22).	The Pharmacy (Northern Ireland) Order 1976.	In Article 5, paragraph 5(b) and the preceding “and”.
S.I. 1976/2147 (N.I. 28).	The Industrial Relations (No. 2) (Northern Ireland) Order 1976.	In Article 62(3), the words “or of any women’s service administered by the Defence Council”.

Nothing in the repeal of a reference in any enactment to any women’s service (or its reserve) shall affect the accrual after the date of the repeal of a right arising under that enactment by virtue of service before that date in that service (or reserve) or the continued validity or the issue after that date of any certificate or other document required to establish a right so arising.

Part II Other Repeals

Chapter	Short title	Extent of repeal
27 & 28 Vict. c. 24.	The Naval Agency and Distribution Act 1864.	In section 17, the words from “and a percentage” to “by law deducted”.
28 & 29 Vict. c. 73.	The Naval and Marine Pay and Pensions Act 1865.	In section 12, the words “shall be published in the London Gazette and”.
48 & 49 Vict. c. 42.	The Greenwich Hospital Act 1885.	Section 4.
4 & 5 Geo. 5. c. 83.	The Army Pensions Act 1914.	The whole Act (except as mentioned in section 26 of this Act).
21 & 22 Geo. 5. c. 9.	The Colonial Naval Defence Act 1931.	In section 2(1), in paragraph (c), the words from “or of the Royal Naval Reserve” to the end and, in the proviso, the words “and the Royal Naval Volunteer Reserve”.
12 & 13 Geo. 6. c. 18.	The Colonial Naval Defence Act 1949.	In section 1(4), the words “or of the Royal Naval Volunteer Reserve” and the words from “(and in particular” to the end.
3 & 4 Eliz. 2. c. 18.	The Army Act 1955.	In section 82(2)(b), the words “in special circumstances”.
		In section 131(2), the words “and the provisions thereof as to the summary dealing with charges”.
		In section 153(3), the words from “the service of the process” to the end.
		In section 209(3), paragraph (fb).
		In Schedule 7, in paragraph 6, the words “and so much of Part II as relates to forfeiture of service”.
3 & 4 Eliz. c. 19.	The Air Force Act 1955.	In section 82(2)(b), the words “in special circumstances”.
		Section 99(2).
		In section 131(2), the words “and the provisions thereof as to the summary dealing with charges.”
		In section 153(3), the words from “the service of the process” to the end.
		In section 209(3), paragraph (fb).
5 & 6 Eliz. 2. c. 53.	The Naval Discipline Act 1957.	In section 51, in subsection (1) the words “this and” and subsection (2).
		In section 93, the words “death or to”.
		In section 101, subsection (2).
9 & 10 Eliz. 2. c. 52.	The Army and Air Force Act 1961.	Section 24.
		In section 26, subsection (3).
1963 c. 39.	The Criminal Justice (Scotland) Act 1963.	In section 9, subsections (3) and (4).
1976 c. 52.	The Armed Forces Act 1976.	Section 1.
		In Schedule 9, paragraph 12.

1

The following repeals shall come into force on the day this Act is passed—

(a)

the repeals contained in Part I of this Schedule;

(b)

the repeals contained in Part II of this Schedule which relate to the Naval Agency and Distribution Act 1864, the Naval and Marine Pay and Pensions Act 1865, the Army Pensions Act 1914, section 93 of the Naval Discipline Act 1957, and Schedule 9 to the Armed Forces Act 1976.

2

The repeal of section 1 of the Armed Forces Act 1976 shall come into force on 1st September 1981 (in accordance with section 1(5) of this Act).

3

Subject to paragraphs 1 and 2 above, the repeals contained in this Schedule shall come into force in accordance with section 29(1) to (3) of this Act.