Army Act 1955 (repealed)

Requisitioning of vehiclesF5 U.K.

Textual Amendments applied to the whole legislation

F5 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

165 Requisitioning orders. U.K.

(1) At any time when this section is in operation any general or field officer commanding any part of theregular forces in the United Kingdom may issue a requisitioning order authorising the requisitioning, fromamong vehicles in any area in the United Kingdom specified in the order, of such vehicles, or such numberof vehicles of such description, as may be specified in the order.

(2) The purposes for which an order under this section may authorise vehicles to be requisitioned shall besuch purposes for meeting the needs of any of Her Majesty’s forces as may be specified in the order.

Modifications etc. (not altering text)

C1 S. 165 extended by Armed Forces Act 1971 (c. 33), s. 67(1)(2)

166 Provision of vehicles. U.K.

(1) A requisitioning order may be issued to the officer commanding any portion of the regular forces, andthat officer, or any officer or soldier authorised by him in writing, may give directions for theprovision—

(a) in so far as the requisitioning order authorises the requisitioning of particular vehicles, of all orany of those vehicles,

(b) in so far as the order authorises the requisitioning of vehicles of a specified description, of thenumber of vehicles of that description specified in the order or any lesser number of such vehicles.

(2) A direction under the last foregoing subsection given as respects any vehicle shall be either—

(a) a direction given to the person having possession thereof to furnish it immediately at the place whereit is, or

(b) a direction given to the said person to furnish it at such place within one hundred miles from thepremises of the said person and at such time as may be specified by the officer or soldier by whom thedirection is given:

Provided that no direction shall be given under paragraph (b) of this subsection as respects a vehiclewhich is neither mechanically propelled nor a trailer normally drawn by a mechanically-propelled vehicle.

(3) If the officer to whom the requisitioning order was issued, or any officer or soldier authorised by himin writing, is satisfied that the said person has refused or neglected to furnish a vehicle in accordancewith a direction under any of the provisions of the last foregoing subsection, or has reasonable ground forbelieving that it is not practicable without undue delay to give a direction to the said person, he maytake, or authorise any officer or soldier to take, possession of the vehicle; and where possession is takenof a vehicle in pursuance of this subsection this Part of this Act shall with the necessary modificationsapply as if the vehicle had been furnished by the person having possession of the vehicle in accordance witha direction to furnish it immediately at the place where it is, and, in particular, payment shall be madetherefor as if it had been so furnished.

(4) The chief officer of police for any area specified in a requisitioning order shall, on a request to thateffect made by or on behalf of the officer to whom the order is issued, give instructions for securing thatso far as practicable constables will be available, if required, for accompanying officers or soldiersrequisitioning vehicles in pursuance of the order.

167 Period for which vehicles to be furnished. U.K.

(1) Subject to the provisions of this section, where a vehicle has been furnished in pursuance of arequisitioning order it may be retained, so long as section one hundred and sixty-five of this Act is inoperation, for any period for which it is required for the purpose specified in the order or for any otherpurpose connected with the needs of any of Her Majesty’s forces.

(2) While men of the army reserve are called out on permanent service, then in so far as a requisitioningorder so provides the person by whom any vehicle is to be furnished may be required to furnish it for thepurpose of its being purchased on behalf of the Crown.

168 Payment for vehicles furnished. U.K.

(1) The person by whom a vehicle is furnished in pursuance of a requisitioning order, and is so furnishedotherwise than for the purpose of being purchased, shall be entitled to be paid—

(a) a sum for the use of the vehicle calculated, by reference to the period for which possession of thevehicle is retained, at the rate of payment commonly recognised or generally prevailing in the district atthe time at which the vehicle is furnished, or, in default of such a rate, at such rate as may be just,

(b) a sum equal to the cost of making good any damage to the vehicle, not being damage resulting in a totalloss thereof or damage attributable to fair wear and tear, which may have occurred during the period forwhich possession of the vehicle is retained and which has not been made good during that period by a personacting on behalf of Her Majesty,

(c) if, during the said period, a total loss of the vehicle occurs, a sum equal to the value of the vehicleimmediately before the occurrence of the damage which caused the loss.

In paragraph (b) of this subsection and in the Fourth Schedule to this Act references to fair wear andtear shall be construed as references to such fair wear and tear as might have been expected to occur butfor the fact that the vehicle was requisitioned.

(2) The person by whom a vehicle is furnished in pursuance of a requisitioning order for the purpose ofbeing purchased shall be entitled to be paid the value of the vehicle at the time at which it is furnished.

(3) Where a vehicle is furnished in pursuance of a direction under paragraph (b) of subsection (2) ofsection one hundred and sixty-six of this Act, then—

(a) for the purposes of paragraphs (a) and (b) of subsection (1) of this section (if that subsectionapplies) the period for which possession of the vehicle is retained shall be deemed to begin at the timewhen the direction is given, and for the purposes of subsection (2) of this section (if that subsectionapplies) the vehicle shall be deemed to have been furnished at that time;

(b) in addition to the payments provided for by subsection (1) or (2) of this section, the person by whomthe vehicle is furnished shall be entitled to be paid the amount of any expenditure reasonably incurred byhim in complying with the direction.

(4) Where a direction to furnish a vehicle is given under the said paragraph (b),and after the giving ofthe direction any damage occurs to the vehicle (whether or not resulting in a total loss thereof), then ifthe damage prevents the furnishing of the vehicle in pursuance of the requisitioning order the foregoingprovisions of this section shall apply as if the vehicle had been furnished, and (notwithstanding that itmay have been required to be furnished for the purpose of being purchased) had been furnished otherwise thanfor that purpose, subject however to the following modifications, that is to say—

(a) paragraphs (a), (b) and (c) of subsection (1) of this section shall have effect as if for the periodtherein mentioned there were substituted the period beginning with the giving of the direction and endingimmediately after the occurrence of the damage,

(b) paragraph (b) of the last foregoing subsection shall have effect as if for the words “in complyingwith" there were substituted the words “by reason of anything done for the purpose of complyingwith".

(5) Where any person (hereinafter referred to as a person interested) other than the person by whom avehicle is required to be furnished has an interest in the vehicle,—

(a) the person by whom the vehicle is required to be furnished shall notify any person known to him to bea person interested that the vehicle has been requisitioned,

(b) any person interested shall be entitled to recover from the person by whom the vehicle was required tobe furnished such part (if any) of the payment received by him for the vehicle as may be just.

(6) The Fourth Schedule to this Act shall have effect as to the time for the making of payments under thissection and as to the determination of disputes arising thereunder.

(7) Where, during the period for which possession of a vehicle is retained, a total loss of the vehicleoccurs, then—

(a) for the purposes of paragraphs (a) and (b) of subsection (1) of this section and of the Fourth Scheduleto this Act the said period shall be deemed to have come to an end immediately after the occurrence of theloss, and

(b) no claim shall be made for the return of the vehicle (if it still exists) or for payment in respectthereof other than such as is provided for by subsection (1) of this section.

169 Avoidance of hardship in requisitioning of vehicles. U.K.

In deciding which, of alternative vehicles, is to be specified in an order under section one hundredand sixty-five of this Act, or is to be the subject of a direction under paragraph (b) of subsection (1)of section one hundred and sixty-six thereof, the officer or soldier by whom the order is issued ordirection given shall act in such manner as in his opinion will cause least hardship.

170 Record and inspection of mechanically-propelled vehicles. U.K.

[F1 The Defence Council] may by regulations require persons having in their possession in the United Kingdommechanically-propelled vehicles, or trailers normally drawn by mechanically-propelled vehicles, if requiredso to do by such authority or person as may be specified in the regulations,—

(a) to furnish to such authority or person as may be so specified a return containing such particulars asto the vehicles as may be required by or under the regulations, and

(b) to afford all reasonable facilities for enabling any such vehicles in his possession to be inspectedand examined, at such times as may be specified by or under the regulations, by such authority or personas may be so specified.

Textual Amendments

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

171 Enforcement of provisions as to requisitioning. U.K.

(1) If any person—

(a) fails to furnish any vehicle which he is directed to furnish in pursuance of a requisitioning order,or fails to furnish any such vehicle at the time and place at which he is directed to furnish it, or

(b) fails to comply with any regulations of [F2 the Defence Council] under the last foregoing section, or

(c) obstructs any officer or other person in the exercise of his functions under this Part of this Act inrelation to the inspection or requisitioning of vehicles,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F3 level 3 on the standard scale], or to imprisonment for a term not exceeding three months, or to both such a fine and suchimprisonment.

(2) Without prejudice to any penalty under the last foregoing subsection, if any person is obstructed inthe exercise of powers of inspection conferred on him by regulations under the last foregoing section, ajustice of the peace may, if satisfied by information on oath that the person has been so obstructed, issuea search warrant authorising a constable named therein, accompanied by the said person, to enter thepremises in respect of which the obstruction took place at any time between six o’clock in the morning andnine o’clock in the evening and to inspect any vehicles which may be found therein.

Textual Amendments

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

F3 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

172 Application to horses, food, forage and stores. U.K.

(1) Subject to the provisions of this section, the foregoing provisions of this Part of this Act and theprovisions of the Fourth Schedule thereto, except such of those provisions as relate only tomechanically-propelled vehicles and trailers normally drawn thereby, shall apply to horses and mules, food,forage and stores as they apply to vehicles.

(2) Where stores are required for, and can be conveyed with, a vehicle with respect to which a directionis given under paragraph (b) of subsection (2) of section one hundred and sixty-six of this Act, such adirection may be given as well in relation to the stores as in relation to the vehicle, and the saidforegoing provisions and Schedule shall apply accordingly:

Provided that subsection (4) of section one hundred and sixty-eight of this Act shall not apply, butif after the giving of the direction the furnishing of the stores is prevented by damage to them or to thevehicle such payment (if any) shall be made in respect of the stores as may be just in all thecircumstances.

(3) Notwithstanding anything in section one hundred and sixty-seven of this Act, food, forage or stores tobe furnished in pursuance of a requisitioning order at any time may be required to be furnished for purchaseon behalf of the Crown.

(4) Section one hundred and seventy of this Act shall apply in relation to horses and mules as it appliesin relation to mechanically-propelled vehicles.

(5) In this section the expression “stores” means any chattel, other than a horse or mule, a vehicle, food or forage, beinga chattel required for, or for use in connection with,—

(a) persons or vehicles billeted or to be billeted in pursuance of a billeting requisition or otherwisetemporarily accommodated or to be so accommodated, or

(b) vehicles, horses or mules furnished or to be furnished in pursuance of a requisitioning order.

173 Liability of Crown for damage by vehicles being delivered for requisitioning. U.K.

The person using a vehicle for the purpose of its being furnished in pursuance of a direction underparagraph (b) of subsection (2) of section one hundred and sixty-six of this Act shall be deemed, asrespects any claim in respect of injury or damage to any other person or property, to be so using thevehicle as a servant of the Crown, [F4 and section thirty-five of the M1 Road Traffic Act 1930 (whichrelates to insurance against third-party risks) shall not apply to the use of a vehicle for the saidpurpose.]

Textual Amendments

F4 Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

Marginal Citations

M1 1930 c. 43.