Army Act 1955 (repealed)

InquiriesF9 U.K.

Textual Amendments applied to the whole legislation

F9 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

135 Boards of inquiry. U.K.

(1) Subject to and in accordance with the provisions of rules made under this section (hereinafter referredto as “board of inquiry rules”), [F1 the Defence Council] or any military, naval or air-force officer empowered by or under such rules so to do may convene aboard of inquiry to investigate and report on the facts relating to—

(a) the absence of any person subject to military law;

(b) the capture of any such person by the enemy;

(c) the death of any person in a military establishment, being an establishment in any country or territoryoutside the United Kingdom where an inquiry into the death is not required to be held by any civilauthority;

(d) any other matter of a class specified in such rules or referred to such a board by [F1 the Defence Council] or any such officer as aforesaid;

and a board of inquiry shall, if directed so to do, express their opinion on any question arising outof any matter referred to the board.

[F2 (2) A board of inquiry shall consist of a president, who shall be an officer not below the rank of captainor corresponding rank and be subject to military law, the M1 Naval Discipline Act 1957,or air-force law, and not less than two other members each of whom shall either be a person so subject orto be a person not so subject who is in the service of the Crown.]

(3) Subject to the provisions of this section, board of inquiry rules may make provision with respect tothe convening, constitution and procedure of boards of inquiry and, without prejudice to the generality ofthe foregoing, may make provision with respect to all or any of the following matters, that is tosay:—

(a) the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards,so however that the rules shall provide for the taking of evidence on oath or affirmation except incircumstances such that if the evidence were being taken at a court-martial an oath could be dispensed with;

(b) without prejudice to the provisions of the next following section, the making in service books ofrecords of findings of boards of inquiry in such cases as may be provided by the rules;

(c) such incidental and supplementary matters as appear requisite for the purposes of the rules.

(4) Board of inquiry rules shall contain provision for securing that any witness or other person [F3 to whom this subsection applies] who may be affected by the findings of a board of inquiry shall have an opportunity of being present,and represented, at the sittings of the board or such part thereof as may be specified by or under therules.

[F4 This subsection, so far as it applies to persons other than witnesses who may beaffected by the findings, applies to persons of the following descriptions only, that is to say—

(a) persons who are subject to military law, air-force law or the M2 Naval Discipline Act1957;

(b) persons who, though not so subject, are in the service of the Crown and may be so affected in characteror professional reputation; and

(c) persons who, though not so subject, are emloyed by the Civil Aviation Authority in or in connection withthe provision by the Authority of air navigation services and may be so affected in character orprofessional reputation.]

(5) Evidence given before a board of inquiry shall not be admissible against any person in proceedingsbefore a court-martial, commanding officer or appropriate superior authority, other than proceedings F5 for an offence against section seventy of this Act where the correspondingcivil offence is perjury.

(6) The power to make board of inquiry rules shall be exercisable by the Secretary of State by statutoryinstrument which shall be laid before Parliament.

Textual Amendments

F1 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F2 S. 135(2) substituted by Army and Air Force Act 1961 (c. 52), s. 26(1)

F3 Words inserted by Armed Forces Act 1981 (c. 55), s. 23(1)

F4 Para. added by Armed Forces Act 1981 (c. 55), s. 23(1)

F5 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Modifications etc. (not altering text)

C1 S. 135 modified (1.4.1997) by 1996 c. 14, s. 102(1)(a); S.I. 1997/305, art. 2(1)(a)

Marginal Citations

M1 1957 c. 53.

M2 1957 c. 53.

136 Inquiries into absence. U.K.

(1) Where a board of inquiry enquiring into the absence of an officer, warrant officer, non-commissionedofficer or soldier reports that he has been absent without leave or other sufficient cause for a periodspecified in the report, not being less than twenty-one days, a record of the report shall in accordancewith Queen’s Regulations be entered in the service books.

(2) A record entered in pursuance of the last foregoing subsection shall, unless the absentee subsequentlysurrenders or is arrested, or the report of the board of inquiry is annulled by [F6 the Defence Council] or a subsequent board of inquiry, have the like effect as a conviction by court-martial for desertion.

Textual Amendments

F6 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C2 S. 136 modified (1.4.1997) by 1996 c. 14, s. 102(1)(b); S.I. 1997/305, art. 2(1)

137 Regimental inquiries. U.K.

(1) An officer of any of Her Majesty’s military forces authorised in that behalf by or under regulationsof [F7 the Defence Council] may cause an inquiry to be held, in such manner and [F8 by such person or persons as may be specified by or determined under such regulations(being, as the case may be, a person who is subject to military law, the M3 NavalDiscipline Act 1957, or air-force law or, not being so subject, is in the service of the Crown, or personseach of whom is so subject or, not being so subject, is in that service)], into any matter so specified or determined:

Provided that an inquiry shall not be held in pursuance of this section into—

(a) the absence of a person subject to military law, or

(b) the capture of any such person by the enemy.

(2) Regulations of [F7 the Defence Council] made for the purposes of this section may make provision as to the rules of evidence to be observedat inquiries held in pursuance of this section and the taking of evidence at such inquiries, and mayauthorise the taking of evidence on oath or affirmation, and the administration of oaths, in such cases asmay be specified by or under the regulations.

(3) Subsections (4) and (5) of section one hundred and thirty-five of this Act shall apply in relation toinquiries held in pursuance of this section with the substitution of references to regulations of [F7 the Defence Council] for references to board of inquiry rules and of references to an inquiry held in pursuance of thissection for references to a board of inquiry.

Textual Amendments

F7 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F8 Words substituted by Army and Air Force Act 1961 (c. 52), s. 26(2)

Marginal Citations

M3 1957 c. 53.