Modifications etc. (not altering text)
C1Pt. V extended by Reserve Forces Act 1980 (c. 9), s. 142
Textual Amendments applied to the whole legislation
F9Act: 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
(1)A warrant officer or non-commissioned officer of the regular forces [F1(other than a lance-corporal or lance-bombardier)] shall not be reduced in rank except by sentence of a court-martial (whether under this Act, [F2the M1Naval Discipline Act 1957] or the M2Air Force Act 1955) or by order of [F3the Defence Council] or of an officer, not belowthe rank of [F4colonel, or captain in the Royal Navy or of group captain], authorised by [F3the Defence Council] to act for the purposes of this section.
(2)An authorisation under the last foregoing subsection may be given generally or subject to suchlimitations as may be specified by [F3the Defence Council].
(3)For the purposes of subsection (1) of this section reduction in rank does not include reversion fromacting rank.
Textual Amendments
F1Words inserted by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(c)
F2Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
F3Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F4Words substituted by Armed Forces Act 1971 (c. 33), s. 68
Modifications etc. (not altering text)
C2S. 201 excluded by Naval Discipline Act 1957 (c. 53), ss. 112(2), 113(2), Sch. 1 para.3, Sch. 2 para. 6
Marginal Citations
(1)Where a person is in military custody when charged with, or with a view to his being charged with, anoffence against Part II of this Act, it shall be the duty of the governor, superintendent or other personin charge of a prison (not being a military prison), or of the person having charge of any police stationor other place in which prisoners may be lawfully detained, upon delivery to him of a written orderpurporting to be signed by the commanding officer of the person in custody to receive him into his custodyfor a period not exceeding seven days.
(2)This section shall have effect in the United Kingdom and in any colony.
Valid from 01/08/1996
(1)Every assignment of or charge on, and every agreement to assign or charge, any pay, military award,grant, pension or allowance payable to any person in respect of his or any other person’s service in HerMajesty’s military forces shall be void.
(2)Save as expressly provided by this Act, no order shall be made by any court the effect of which wouldbe to restrain any person from receiving anything which by virtue of this section he is precluded fromassigning and to direct payment thereof to another person.
(3)Nothing in this section shall prejudice any enactment providing for the payment of any sum to abankrupt’s trustee in bankruptcy for distribution among creditors.
(4)This section shall have effect in the United Kingdom and in any colony.
Modifications etc. (not altering text)
C3S. 203(1)(2) excluded (1.8.1996 subject to arts. 4, 5 of the commencing S.I.) by 1995 c. 26, s. 166(5)(a) (with s. 167(4)); S.I. 1996/1675, arts. 3(b), 4, 5
S. 203(1)(2) excluded (1.8.1996 subject to arts. 4, 5 of the commencing S.R.) by 1995/3213(N.I. 22), art. 162(5)(a); S.R. 1996/284, arts. 3(1)(b), 4, 5
S. 203(1)(2) excluded (11.11.1999 for certain purposes otherwise 1.12.2000) by 1999 c. 30, s. 44(1)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
(1)An officer of the regular forces [F5who is of or above the rank of major or is of the rank of captain and is a member ofthe legal corps of those forces] (hereinafter referred to as an “authorised officer") may, at a place outside the United Kingdom,take affidavits and declarations from any of the following persons, that is to say, persons subject tomilitary law and persons not so subject who are of any description specified in the Fifth Schedule to thisAct.
(2)A document purporting to have subscribed thereto the signature of an authorised officer in testimonyof an affidavit or declaration being taken before him in pursuance of this section and containing in thejurat or attestation a statement of the date on which and the place at which the affidavit or declarationwas taken and of the full name and rank of that officer shall be admitted in evidence without proof of thesignature being the signature of that officer or of the facts so stated.
[F6(3)The power conferred by subsection (1) above may also be exercised by any officer empowered to takeaffidavits and declarations by section 204(1) of the M3Air Force Act 1955 or section 10(1)of the M4Emergency Laws (Miscellaneous Provisions) Act 1953.]
Textual Amendments
F5Words substituted by Armed Forces Act 1981 (c. 55), s. 19(3)
F6S. 204(3) added by Armed Forces Act 1971 (c. 33), s. 70(2)
Marginal Citations
With the exception of [F8 subsection (3A)] of section 132 of this Act, no enactment requiring thefiat or consent of the Attorney General or the Director of Public Prosecutions in connection with anyproceedings shall have effect in relation to proceedings under this Act.]
Textual Amendments
F7S. 204A inserted by Armed Forces Act 1971 (c. 33), s. 45(1)
F8Words in s. 204A substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para.6; S.I. 1991/2719, art. 2