Army Act 1955 (repealed)

Part VIF78 U.K. Application of Act and Supplemental Provisions

Textual Amendments applied to the whole legislation

F78 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

Persons subject to military lawF78 U.K.

205 Persons subject to military law: general provisions. U.K.

(1) The following persons are subject to military law:—

(a) every officer holding a land forces commission (within the meaning of any Order of Her Majesty for thetime being regulating the granting of commissions) and for the time being employed, or recalled foremployment, in Her Majesty’s service in any capacity in which he can be required to be employed as theholder of his commission;

(b) every officer holding a land forces commission (within the meaning aforesaid) who for the time beingis not employed, or not employed as mentioned in paragraph (a) of this subsection, but is liable (otherwisethan in specified circumstances only) to be recalled to military service under Her Majesty;

(c) every officer, not subject to military law under the foregoing provisions of this section, who beingthe holder of a land forces commission (within the meaning aforesaid) is employed in Her Majesty’s servicein employment of which it is an express condition that while employed therein he is to be subject tomilitary law;

(d) every officer, not subject to military law under the foregoing provisions of this section, who, withthe approval of [F1 the Defence Council] given subject to an express condition that while in that employment he is to be subject to militarylaw, is employed otherwise than in Her Majesty’s service;

(e) every officer holding a commission in the Territorial Army who is on the active list (as defined by theregulations for the Territorial Army) or on the permanent staff of the Territorial Army, [F2 or who is not on the said list but is called out on permanent service or is otherwiseserving (whether in pursuance of an obligation or not) with any body of troops for the time being subjectto military law;]

(f) every warrant officer, non-commissioned officer and soldier of the regular forces;

(g) every warrant officer, non-commissioned officer and man of the army reserve when called out on permanentservice or in aid of the civil power or when undergoing annual or other training (whether in pursuance ofan obligation or not), or when otherwise employed in Her Majesty’s service as mentioned in paragraph (c)of this subsection;

(h) every warrant officer, non-commissioned officer and man of the Territorial Army when embodied or calledout for home defence service, when undergoing training or attending drills or parades (whether in pursuanceof an obligation or not), or when serving on the permanent staff of the Territorial Army;

(i) every person in receipt of a pension in respect of service in the regular forces, or of such serviceand other service, who is employed in Her Majesty’s service as mentioned in paragraph (c) of thissubsection;

(j) every person not otherwise subject to military law who is serving in any force raised by order of HerMajesty outside the United Kingdom and is under the command of an officer holding a land forces commissionor a commission in the Territorial Army;

(k) every member of the Home Guard when on duty (as defined in the M1 Home Guard Act 1951) or during any period (as so defined) during which the platoon or otherpart of the Home Guard to which he belongs is mustered (as so defined).

(2) For the purposes of paragraph (d) of the last foregoing subsection a certificate of [F1 the Defence Council] that approval to a person’s employment was given subject to the condition mentioned in that paragraphshall be conclusive evidence of the facts stated in the certificate.

(3)F3

Textual Amendments

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

F2 Words substituted by Reserve Forces Act 1966 (c. 30), Sch. 1 para. 32; continued by Reserve Forces Act 1980 (c. 9), Sch. 8 para. 5(1)(a)

F3 S. 205(3) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

Marginal Citations

M1 1951 c. 8 (15 and 16 Geo. 6 &1 Eliz. 2).

206 Persons subject to military law: Commonwealth forces. U.K.

Members of a naval, military or air force being a Commonwealth force are subject to military law to suchextent, and subject to such adaptations and modifications, as may be provided by or under any enactmentrelating to the attachment of members of such forces.

207 Persons subject to military law: Colonial forces. U.K.

(1) Subject to the provisions of this section, where any military force is raised under the law of a colony,any such law—

(a) may make provision in relation to that force and the officers, warrant officers, non-commissionedofficers and soldiers thereof so as to have effect as well when they are outside as when they are withinthe limits of the colony;

(b) may apply in relation to the force and the officers, warrant officers, non-commissioned officers andsoldiers thereof all or any of the provisions of this Act, either with or without adaptations, modificationsor exceptions.

(2) Where any military force raised under the law of a colony is serving with part of the regular forces,the army reserve or the Territorial Army, then in so far as the law of the colony does not provide for thegovernment and discipline of the force and the members thereof this Act shall apply—

(a) to the officers thereof as it applies to officers holding land forces commissions, and

(b) to the warrant officers, non-commissioned officers and soldiers thereof as it applies to warrantofficers, non-commissioned officers and soldiers of the regular forces,

but subject to such adaptations, modifications or exceptions as may be specified in the general ordersof the officer, whether military, naval or air-force but not below the rank of colonel or correspondingrank, commanding the forces with which the force raised in the colony is serving.

(3) While any officer, warrant officer, non-commissioned officer or soldier belonging to a force raisedunder the law of a colony is attached to, doing duty with, or otherwise acting as part of or with anyportion of the regular forces, the army reserve or the Territorial Army [F4 outside that colony], the foregoing provisions of this section shall not apply in relation to him, but he shall be subjectto military law by virtue of this subsection and this Act shall apply to him as if he were a member of theregular forces.

Textual Amendments

F4 Words substituted by Army and Air Force Act 1961 (c. 52), s. 35

208 Persons subject to military law: attached members of naval and air forces. U.K.

Where a member of any of Her Majesty’s naval or air forces is attached to any part of the regularforces, the army reserve or the Territorial Army, he shall while so attached be subject to military law;and the provisions of the Sixth Schedule to this Act shall have effect as respects persons subject tomilitary law by virtue of this section.

[F5 208A Application of Act to passengers in H.M. ships and aircraft. U.K.

Part II of this Act shall, to such extent and subject to such modifications as may be prescribed byregulations made by the Defence Council, apply to persons embarked as passengers on board Her Majesty’sships or aircraft (not being persons who are subject to military law by virtue of any of the foregoingprovisions of this Act, or persons who are subject to air-force law or to the M2 NavalDisciplineAct 1957) as it applies to persons subject to military law.]

Textual Amendments

F5 S. 208A inserted by Armed Forces Act 1971 (c. 33), s. 72(1)

Marginal Citations

M2 1957 c. 53.

209 Application of Act to civilians. U.K.

(1) Subject to the modifications hereinafter specified, where any body of the regular forces is on activeservice, Part II of this Act shall apply to any person who is employed in the service of that body of theforces or any part or member thereof, or accompanies the said body or any part thereof, and is not subjectto military law, [F6 the M3 Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M4 Air Force Act 1955, as the said Part II applies to persons subject to military law.

(2) Subject to the modifications hereinafter specified, Part II of this Act shall at all times apply to aperson of any description specified in the Fifth Schedule to this Act who is within the limits of thecommand of any officer commanding a body of the regular forces outside the United Kingdom, and is notsubject to military law, [F6 the M5 Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M6 Air Force Act 1955, as the said Part II applies to persons subject to military law:

Provided that none of the provisions contained in sections twenty-four to sixty-nine of this Act shallapply to a person by virtue only of this subsection [F7 except section 29, sections 35 and 36, sections 55 to 57, and section 68 so far asit relates to those sections].

(3) The said modifications are the following:

[F8 (a) on a trial—

(i) a court-martial may award the punishments specified in paragraphs (a), (b) and (h) of section 71(1)above, except that section 71(5)(a) above shall not apply to the amount of a fine;

(ii) a Standing Civilian Court established under the M7 Armed Forces Act 1976 may award anypunishment authorised for such courts by section 8 of that Act; and

(iii) a court-martial or Standing Civilian Court may make any order authorised by Schedule 5A below;

(aa) any such order shall be treated as a punishment for the purposes of this Act;

(ab) paragraph 15 of Schedule 5A below shall have effect in substitution for the words in section 71(1) abovefrom “and references in this Act" to the end;]

(b) the punishment which may be awarded where a charge is dealt with summarily shall, in the case of anyoffence, be a fine not exceeding [F9 £100], but no other punishment;

(c) the following provision shall have effect in substitution for subsections (2) to (4) of sectionseventy-four, that is to say that a person may be arrested by a provost officer, by any warrant officer ornon-commissioned officer legally exercising authority under a provost officer or on his behalf, or by orderof any officer of the regular forces;

(d) where a charge is being dealt with summarily and it [F10 is considered] that the accused is guilty, a finding shall not be recorded until after the accused has been affordedan opportunity of electing to be tried by court-martial, and if the accused so elects a finding shall notbe recorded but such steps shall be taken with a view to the charge being tried by court-martial as may beprescribed by Rules of Procedure;

(e) the provisions of this Act relating to the investigation of, and summary dealing with, offences shallsave as otherwise expressly provided apply as they apply to officers and warrant officers;

(f) for the purposes of the provisions of this Act relating to the investigation of offences, the commandingofficer shall be such officer as may be determined by or under regulations of [F11 the Defence Council] made for the purposes of this section;

[F12 (fa) a court-martial for the trial of any such person as in mentioned in subsection (1) or (2) above mayinclude in place of the correspondiong number of officers—

(i) if it is a general court-martial constituted under section 87 above, not more than two persons who arein the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above, and

(ii) if it is a district court-martial constituted under section 88 above, nor more than one person who isin the service of the Crown and is himself a person such as is mentioned in either of those subsections,

but a person who is a member of a court-martial by virtue of this paragraph shall not be appointed thepresident of the court-martial;]

(fb)

F13 (g) for references in sections one hundred and thirty-one and one hundred and thirty-two of this Act tobeing, continuing, or ceasing to be subject to military law there shall be substituted references to being,continuing to be or ceasing to be in such circumstances that the said Part II applies, and subsection (3)of the said section one hundred and thirty-one shall not apply.

[F14 (3A) For the purposes of paragraph (g) of subsection (3) of this section a person shall be deemed not to haveceased to be in such circumstances as are mentioned in that paragraph if he has so ceased by reason onlyof one or both of the following, namely—

(a) the fact that he has ceased to be within the limits of a command within whose limits he continues tohave his ordinary residence or to serve or to be employed;

(b) the fact that there has been an interruption of his residence with a family of persons whose place ofresidence continues to be his home.]

[F15 (3B) In their application to any area for which Standing Civilian Courts are established under the M8 Armed Forces Act 1976—

(a) section 75(2) above shall have effect as if references to the assembling of a court-martial for aperson’s trial included references to his being brought before a Standing Civilian Court;

(b) section 103(1) above shall have effect—

(i) as if the words “with respect to the hearing by courts-martial of appeals pursuant to paragraph 18of Schedule 3 to the M9 Armed Forces Act 1976 against finding and sentences of StandingCivilian Courts established under that Act" were inserted after the word “authorities"; and

(ii) as if the words “and may prescribe modifications of sections 76, 77, 79 and 80 above in relation tocharges which may be tried by Standing Civilian Courts and which are brought against persons whom suchcourts may try" were added at the end; and

(c) subsection (3) above shall have effect in relation to charges which may be tried by Standing CivilianCourts and which are brought against persons whom such courts may try, but without prejudice to its effectin relation to other charges, as if the following paragraph were substituted for paragraph (e):—

“(e) sections 76, 77, 79 and 80 above shall apply as they apply to officers and warrant officers, subjectto such modifications consequential on the establishment of Standing Civilian Courts as may be prescribedby Rules of Procedure and by any order under paragraph 12 of Schedule 3 of the ArmedForces Act 1976;”]

[F16 (4) A fine awarded against any person by virtue of this section by a court-martial, a Standing CivilianCourt or the appropriate superior authority, and a sum which an order under paragraph 11 of Schedule 5Abelow requires any person to pay shall be recoverable, in the United Kingdom or any colony, as a debt dueto Her Majesty.

(4A) The registration of a financial penalty enforcement order under section 133A above shall not affect thepower of recovery in a colony conferred by subsection (4) above.

(4B) Section 199 above shall apply to persons such as are mentioned in subsection (1) or (2) above, as itapplies to persons subject to military law.]

[F17 (5) This section does not apply to any person to whom section 208A above applies.]

Textual Amendments

F6 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F7 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(9)(a)

F8 S. 209(3)(a)(aa)(ab) substituted for s. 209(3)(a) by Armed Forces Act 1976 (c. 52), Sch.9 para. 5

F9 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 1

F10 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 2

F11 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F12 S. 209(3)(fa) inserted by Armed Forces Act 1976 (c. 52), s. 9(1)

F13 S. 209(3)(fb) repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

F14 S. 209(3A) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F15 S. 209(3A), which was inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 6,renumbered as subsection (3B) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F16 S. 209(4)(4A)(4B) substituted for s. 209(4) by Armed Forces Act 1976 (c. 52), Sch. 9para. 7

F17 S. 209(5) added by Armed Forces Act 1971 (c. 33), s. 72(2)

Marginal Citations

M3 1957 c. 53.

M4 1955c. 19.

M5 1957 c. 53.

M6 1955c. 19.

M7 1976 c. 52.

M8 1976c. 52.

M9 1976 c. 52.

Application of Act to particular corps and forcesF78 U.K.

210 Provisions as to Royal Marines. U.K.

(1) The Royal Marines shall be a separate corps of the regular forces.

(2) In section two hundred and five of this Act—

(a) any reference to a land forces commission shall be construed as including a reference to a commissionin the Royal Marines;

(b) any reference to a [F18 warrant officer] non-commissioned officer or man of the army reserve called out on permanent service or undergoingannual or other training shall be construed as including a reference to a [F18 warrant officer] non-commissioned officer or marine of the [F19 Royal Marines Reserve or] the Royal Fleet Reserve F20 called into actual service or being trained or exercised.

(3) An officer, [F18 warrant officer] non-commissioned officer or marine of the Royal Marines, the [F19 Royal Marines Reserve or] the Royal Fleet Reserve, F20 shall continue subject to military law notwithstanding that he may for thetime being be subject to [F21 the M10 Naval Discipline Act 1957].

(4) In relation to the Royal Marines and the officer, officers, [F22 warrant officers] non-commissioned officers and marines thereof, and to officers, [F22 warrant officers] non-commissioned officers and marines of the [F19 Royal Marines Reserve or] the Royal Fleet Reserve, F20 this Act shall have effect subject to the modifications set out in Parts Iand II of the Seventh Schedule thereto.

(5) The provisions of Part III of the Seventh Schedule to this Act shall have effect as respects transfersbetween the Royal Marines and other corps of the regular forces in substitution for the provisions ofsubsections (3) and (4) of section three of this Act.

Textual Amendments

F18 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(1)(a)

F19 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 4 para. 1(1)

F20 Words repealed by Navy, Army and Air Force Reserves Act 1959 (c. 10), Sch.

F21 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F22 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(1)(b)

Modifications etc. (not altering text)

C1 S. 210(2)(b) extended by Reserve Forces Act 1980 (c. 9), Sch. 8 para.5(3)

Marginal Citations

M10 1957 c. 53.

211 Application of Act to reserve and auxiliary forces. U.K.

(1) Subject to the provisions of this section, references in Parts II to V of this Act to the regular forcesshall include references to the following persons, that is to say—

(a) officers of any reserve of officers while subject to military law, and officers who have retired (withinthe meaning of any Royal Warrant) but are for the time being subject to military law, and

(b) officers holding commissions in the Territorial Army while the part of the Territorial Army to whichthey belong is embodied or while they are called out for home defence service or are undergoing training,and

(c) warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army whilesubject to military law;

and references to officers, warrant officers, non-commissioned officers or soldiers, or to members ora body, of the regular forces or to illegal absence from those forces shall be construed accordingly.

(2) Subsections (1), (5) and (6) of section seventeen of this Act shall apply to warrant officers,non-commissioned officers and men of the army reserve and the Territorial Army as they apply to warrantofficers, non-commissioned officers and soldiers of the regular forces.

(3)

F23 (4) F24 , sections one hundred and fifty to one hundred and fifty-three of this Act and,except in so far as they may be applied by regulations made under [F25 the M11 Reserve Forces Act 1980], the provisions of Part II of this Act relating to the award of stoppages and the provisions ofsections one hundred and forty-four to one hundred and forty-nine of this Act, shall not apply—

(a) to officers of any reserve of officers who are not in actual service,

(b) to warrant officers, non-commissioned officers or men of the army reserve except when called out onpermanent service, or

(c) to officers, warrant officers, non-commissioned officers or men of the Territorial Army except when thepart of the Territorial Army to which they belong is embodied or they are called out for home defenceservice.

(5) In the last foregoing subsection the expression “actual service”, in relation to an officer of any reserve of officers, means that he isserving (otherwise than when undergoing training) with a body of the regular forces, or of the army reservewhen called out on permanent service, or with [F26 members of the territorial and army volunteer reserve who are serving in pursuanceof [F27 section 10(1) or section 11(1) of the M12 Reserve Forces Act 1980]] or called out for home defence service.

(6) The provisions of sections one hundred and eighty-two and one hundred and eighty-three of this Act shallnot apply at any time to officers holding commissions in the Territorial Army or to warrant officers,non-commissioned officers or men of the Territorial Army; and the provisions of the said section one hundredand eighty-three shall not apply to a warrant officer, non-commissioned officer or man of the army reserveexcept when he is called out on permanent service.

(7) In the case of a non-commissioned officer or man of the Territorial Army found guilty of an offence bya court-martial or his commanding officer, Part II of this Act shall apply as if in the scale set out in [F28 section 71(1) there were inserted immediately before paragraph (h)] the following paragraph—

[F28 “(gg)”] dismissal from the Territorial Army,

and as if the punishments specified in subsection (3) of section seventy-eight of this Act includeddismissal from the Territorial Army:

Provided that if the commanding officer awards such dismissal he shall not award any other punishment.

(8) An officer of any reserve of officers, an officer holding a commission in the Territorial Army, or awarrant officer, non-commissioned officer or man of the army reserve or the Territorial Army may be attachedtemporarily to any of Her Majesty’s naval or air forces whether or not he is subject to military law, butif not subject thereto shall not be so attached except with his consent.

Textual Amendments

F23 S. 211(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F24 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F25 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 2(a)

F26 Words substituted by Reserve Forces Act 1966 (c. 30), Sch. 1 para. 34

F27 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 2(b) 2

F28 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(10)

Modifications etc. (not altering text)

C2 Reference to territorial and army volunteer reserve in s. 211(5) to be construed asreference to Territorial Army: Reserve Forces Act 1982 (c. 14), s. 1(2)(b)

Marginal Citations

M11 1980 c. 9.

M12 1980 c. 9.

212 Provisions as to Home Guard. U.K.

(1) Subject to the provisions of this section references in Parts II to V of this Act to the regular forcesshall include references to members of the Home Guard while subject to military law.

(2) A person shall not be charged with an offence against section seventy of this Act if he is subject tomilitary law by reason only of being a member of the Home Guard.

(3) The provisions of Part II of this Act relating to the award of stoppages, of Part III of this Act, andof sections one hundred and eighty-two and one hundred and eighty-three of this Act shall not apply tomembers of the Home Guard at any time.

(4) Section one hundred and eighty of this Act shall not apply to a person by reason only that he is servingon a commission in the Home Guard.(15 and 16 Geo. 6 & 1 Eliz. 2).

(5) Notwithstanding anything in regulations under section eighty-two of this Act, where by or under suchregulations the functions of a commanding officer are conferred on an officer serving on a commission inthe Home Guard, he shall not have power to deal with a charge summarily except during a period during whichthe platoon or other part of the Home Guard to which the accused belongs is mustered (as defined in the M13 Home Guard Act 1951).

(6) For the purposes of subsection (2) of section eighty-seven and subsection (2) of section eighty-eightof this Act, and of the proviso to subsection (3) of section ninety thereof, any period of service on acommission in the Home Guard shall be disregarded.

Marginal Citations

M13 1951 c. 8

213 Modification of certain provisions in relation to women. U.K.

In relation to women members of the regular forces this Act shall have effect subject to the followingmodifications:—

(a)

F29 (b)

F30 (c) references in sections one hundred and fifty and one hundred and fifty-one to a wife shall be construedas references to a husband.

Textual Amendments

F29 S. 213(a) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 14, 16(2),Sch. 2

F30 S. 213(b) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Application to different countriesF78 U.K.

214 Application to Scotland. U.K.

(1) The provisions of this section shall have effect for the purpose of the application of this Act toScotland.

(2) For any reference to a county court there shall be substituted a reference to the sheriff; and thepowers and duties conferred or imposed on a justice of the peace may be exercised or performed either bysuch justice or by the sheriff.

(3) References in subsection (2) of section one hundred and twenty-five and in subsection (1) of sectionone hundred and twenty-eight to the M14 Capital Punishment Amendment Act 1868, or to anyprovision of that Act shall respectively be construed as references to that Act as it applies to Scotlandor to the corresponding provision of that Act applying to Scotland, and references in the said subsection(2) and subsection (1) to the sheriff shall be construed as references to the lord provost or provost, ormagistrate or magistrates, charged with seeing the sentence of death carried into effect.

(4) In subsection (2) of section one hundred and twenty-eight for the reference to [F31 the Coroners Acts 1887 to 1926][F31 the Coroners Act 1988]there shall be substituted a reference to section twenty-five of the M15 Prisons(Scotland) Act 1952, and that section as applied in relation to any such premises as are mentioned in thesaid subsection (2) shall have effect subject to the necessary modifications.

[F32 (4A) In section 150, at the end of subsection (5), there shall be added the words “and to any sum awardedas inlying expenses in a decree of affiliation and aliment"].

(5) For any reference to the Minister of Housing and Local Government there shall be substituted a referenceto the Secretary of State; and the local authority for the purposes of Part IV of this Act shall be a [F33 regional, islands or district] council.

(6) Section one hundred and eighty-seven shall have effect as if subsection (4) were omitted.

(7) Section one hundred and ninety-five shall have effect as if for the obligation imposed by subsection(4) on the officer therein mentioned to bring a person before a court of summary jurisdiction there weresubstituted an obligation to report to the procurator fiscal.

(8) F34 the expression “chattel” means corporeal moveable.

[F35 (9) Where by virtue of this Act a document is admissible in evidence or is evidence of any matter statedin it in proceedings before a civil court in England, it shall be sufficient evidence of the matter sostated in such proceedings in Scotland.]

Textual Amendments

F31 Words “the Coroners Act 1988" substituted (E.W.) for words “the Coroners Acts 1887to 1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 7

F32 S. 214(4A) inserted by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 4

F33 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para.118

F34 Words repealed by Army and Air Force Act 1961 (c. 52), s. 29(2)(b)

F35 S. 214(9) inserted by Armed Forces Act 1971 (c. 33), s. 76

Marginal Citations

M14 1868 c. 24.

M15 1952 c. 61.

215 Application to Northern Ireland. U.K.

(1) The provisions of this section shall have effect for the purpose of the application of this Act toNorthern Ireland.

(2) F36 all fines imposed in proceedings taken before a court of summary jurisdictionin Northern Ireland shall be dealt with in the manner provided by section twenty of the M16 Administration of Justice Act (Northern Ireland) 1954.

(3)

F37 (4) References in subsection (2) of section one hundred and twenty-five and in subsection (1) of sectionone hundred and twenty-eight to the M17 Capital Punishment Amendment Act 1868, or to anyprovision of that Act F38 shall F38 be construed as references to that Act or provision as in force from time totime in Northern Ireland F38 , and, accordingly, references in the said subsections to the sheriff shallbe construed as references to the under-sheriff.

(5) References in subsection (2) of section one hundred and twenty-eight to [F39 the Coroners Acts 1887 to 1926][F39 the Coroners Act 1988], shall be construed as references to section thirty-nine of the M18 Prison Act(Northern Ireland) 1953; and that section as applied in relation to any such premises as are mentioned inthe said subsection (2) shall have effect subject to the necessary modifications.

[F40 (5A) Where a financial penalty enforcement order has been registered under section 133A above by a court ofsummary jurisdiction in Northern Ireland in respect of any person, a justice of the peace may issue asummons to that person requiring him to appear before the court which registered that penalty or a warrantfor the arrest of that person.

(5B) Where a person appears before a court of summary jurisdiction in Northern Ireland in pursuance of asummons or warrant issued under subsection (5A) above, the court may exercise the like powers as areconferred on it by [F41 Part IX of the M19 Magistrates’ Courts (Northern Ireland)Order 1981] (satisfaction and enforcement of orders).

(5C) A financial penalty enforcement order shall be registered in Northern Ireland under section 133A abovein accordance with Magistrates’ Courts Rules.]

(6) For the reference in subsection (5) of section one hundred and fifty to [F42 section four of the M20 Affiliation Proceedings Act 1957], there shall be substituted a reference to section one of the M21 IllegitimateChildren (Affiliation Orders) Act (Northern Ireland) 1924.

[F43 (6A) The reference in section 151A(1) to any judgment or order enforceable by a court in the United Kingdomshall include a reference to a judgment enforceable by the Enforcement of Judgments Office.]

(7) In Part IV of this Act references to a local authority shall be construed as references to a [F44 Health and Social Services Board established under the M22 Health and Personal Social Services (Northern Ireland) Order 1972] references to the Minister of Housing and Local Government shall be construed as references to the [F45 Department of Health and Social Services] for Northern Ireland, and references to a chief officer of police shall be construed as referencesto a [F45 chief superintendent of the Royal Ulster Constabulary or any other officer having arank equivalent to chief superintendent].

(8) For the reference in section one hundred and seventy-three to section thirty-five of the M23 Road Traffic Act 1930, there shall be substituted a reference to section [F45 75 of the M24 Road Traffic Act (Northern Ireland) 1970 or anycorresponding enactment for the time being in force in Northern Ireland].

(9) For the reference in subsection (4) of section one hundred and eighty-seven to [F46 the M25 Magistrates’ Courts Act 1980], there shall be substituted a reference to the Summary Jurisdiction Acts (Northern Ireland) and therules made thereunder.

(10) For the reference in subsection (3) of section two hundred and three to a bankrupt’s trustee inbankruptcy there shall be substituted a reference to an assignee in bankruptcy.

(11)F47

Textual Amendments

F36 Words repealed by Northern Ireland Act 1962 (c. 30), Sch. 4 Pt. IV

F37 S. 215(3) repealed by S.I. 1973/2163, Sch. 6

F38 Words repealed by Northern Ireland (Emergency Provisions) Act 1973 (c. 53), Sch. 5

F39 Words “the Coroners Act 1988" substituted (E.W.) for words “the Coroners Acts 1887to 1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 8

F40 S. 215(5A)—(5C) inserted by Armed Forces Act 1976 (c. 52), s. 16, Sch. 8 para. 4(1)

F41 Words substituted by S.I. 1981/1675 (N.I.26), Sch. 6 para. 8

F42 Words substituted by virtue of Affiliation Proceedings Act 1957 (c. 55), s. 12(3)

F43 S. 215(6A) inserted by S.I. 1979/298, art. 2

F44 Words substituted by S.R. & O. (N.I.) 1973/256, Sch. 2

F45 Words substituted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 8

F46 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 12

F47 S. 215(11) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

Marginal Citations

M16 1954 c. 9(N.I.)

M17 1868 c. 24.

M18 1953 c. 18 (N.I.)

M19 S.I. 1981/1675 (N.I. 26)

M20 1957 c. 55.

M21 1924 c. 27 (N.I.)

M22 S.I. 1972/1265 (N.I.14)

M23 1930 c.43.

M24 1970 c. 2 (N.I.)

M25 1980 c. 43.

216 Application to Channel Islands and Isle of Man. U.K.

(1) This Act shall apply to the Channel Islands and the Isle of Man in accordance with the followingprovisions of this section.

(2) Subject as hereinafter provided, references except in Part IV of this Act to the United Kingdom shallbe construed as including references to the Channel Islands and the Isle of Man.

(3) References in sections one hundred and nineteen, one hundred and twenty-six, one hundred andtwenty-seven and one hundred and forty-three to the United Kingdom shall not include references to theChannel Islands or the Isle of Man, and references in the said section one hundred and twenty-seven to acolony shall include references to the Channel Islands and the Isle of Man.

(4) In relation to an order made by a court in the Isle of Man subsection (5) of section one hundred andfifty of this Act shall have effect with the substitution, for the reference to the M26 Maintenance Orders (Facilities for Enforcement) Act 1920, of a reference to an Act of Tynwaldentitled the Maintenance Orders (Facilities for Enforcement) Act 1921, and for the reference to [F48 section four of the M27 Affiliation Proceedings Act 1957], of a reference to section three of an Act of Tynwald entitled the M28 Bastardy Act Amendment Act 1924.

Textual Amendments

F48 Words substituted by virtue of Affiliation Proceedings Act 1957 (c. 55), s. 12(3)

Marginal Citations

M26 1920 c.33.

M27 1957 c. 55.

M28 1924 c. 65.

217 Application to certain overseas territories. U.K.

(1) This Act shall apply in relation to any territory under Her Majesty’s protection, and any territory forthe time being administered by Her Majesty’s Government in the United Kingdom under the trusteeship systemof the United Nations, as it applies in relation to a colony; and accordingly references in this Act to HerMajesty’s dominions shall be construed as including references to any such territory.

(2) References in this Act to the law of a colony shall include, in relation to two or more colonies undera central legislature, references to law made by that legislature.

218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49 U.K.

Textual Amendments

F49 S. 218 repealed by Federation of Malaya Independence Act 1957 (c. 60), Sch. 2

219 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50 U.K.

Textual Amendments

F50 S. 219 repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5

Supplemental provisionsF78 U.K.

220 Jurisdiction of courts. U.K.

(1) In the United Kingdom or any colony, a civil court of any description having jurisdiction in the placewhere an offender is for the time being shall have jurisdiction to try him for any offence to which thissection applies which is triable by a court of that description notwithstanding that the offence wascommitted outside the jurisdiction of the court:

Provided that such an offence committed in any part of the United Kingdom shall not be triable outsidethat part of the United Kingdom.

(2) The offences to which this section applies are offences against any of the following sections of thisAct, that is to say, section nineteen, section one hundred and sixty-one, section one hundred andseventy-one, and sections one hundred and ninety-one to one hundred and ninety-seven; and references in thissection to a part of the United Kingdom are references to England and Wales, Scotland or Northern Ireland.

221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51 U.K.

Textual Amendments

F51 S. 221 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

222 Provisions as to summary fines in Colonies. U.K.

In the application of this Act to any colony, there shall, if the law of the colony so provides, besubstituted for the amount of any fine specified in this Act, being a fine which may be imposed on summaryconviction, such amount as may be provided by that law; and it shall be competent for the law of any colonyto declare what amount of the local currency is to be treated for the purposes of this Act as equivalentto any amount of money specified in this Act.

223 Execution of orders, instruments, etc. U.K.

Save as expressly provided by any rules or regulations under this Act, any order or determinationrequired or authorised to be made under this Act by any military, naval or air-force officer or authoritymay be signified under the hand of any officer authorised in that behalf; and any instrument signifying suchan order or determination and purporting to be signed by an officer stated therein to be so authorised shallunless the contrary is proved be deemed to be signed by an officer so authorised.

224 Provisions as to active service. U.K.

(1) In this Act the expression “on active service”, in relation to a force, means that itis engaged in operations against an enemy or [F52 is engaged elsewhere than in the United Kingdom in operations for the protection oflife or property] or (subject to the provisions of this section) is in military occupation of a foreign country, andin relation to a person means that he is serving in or with a force which is on active service.

(2) Where any of Her Majesty’s military forces is serving outside the United Kingdom, and it appears to theappropriate authority that, by reason of the imminence of active service or of the recent existence ofactive service, it is necessary for the public service that the force should be deemed to be on activeservice, the appropriate authority may declare that for such period, not exceeding three months, beginningwith the coming into force of the declaration as may be specified therein that force shall be deemed to beon active service.

(3) Where it appears to the appropriate authority that it is necessary for the public service that theperiod specified in a declaration under the last foregoing subsection should be prolonged or, if previouslyprolonged under this subsection, should be further prolonged, the appropriate authority may declare thatthe said period shall be prolonged by such time, not exceeding three months, as may be specified in thedeclaration under this subsection.

(4) If at any time while any force—

(a) is on active service by reason only of being in military occupation of a foreign country; or

(b) is deemed to be on active service by virtue of the foregoing provisions of this section,

it appears to the appropriate authority that there is no necessity for the force to continue to betreated as being on active service, the appropriate authority may declare that as from the coming intooperation of the declaration the force shall cease to be, or to be deemed to be, on active service.

(5) Before any declaration is made under this section, the appropriate authority shall, unless satisfiedthat it is not possible to communicate with sufficient speed with the Secretary of State, obtain the consentof the Secretary of State to the declaration; and in any case where that consent has not been obtainedbefore the making of a declaration under this section the appropriate authority shall report the makingthereof to the Secretary of State with the utmost practicable speed.

(6) The Secretary of State may, if he thinks fit, direct that any declaration whereby any force is deemedto be, or to continue, on active service shall cease to have effect as from the coming into force of thedirection; but any direction under this subsection shall be without prejudice to anything done by virtueof the declaration before the coming into force of the direction.

(7) A declaration under this section shall have effect not only as respects the members of the force towhich it relates but also as respects other persons the application to whom of any provisions of this Actdepends on whether that force is on active service.

(8) In this section the expression “the appropriate authority” means—

(a)

F53 (b) in relation to any force F54 , the general officer or brigadier commanding the force, so however that wherethe force is under the command of a flag officer or air officer that officer shall be the appropriateauthority.

(9)

F55 (10) Any declaration or direction under this section shall come into operation on being published in generalorders.

Textual Amendments

F52 Words substituted by Armed Forces Act 1966 (c. 45), s. 20

F53 S. 224(8)(a) repealed by Armed Forces Act 1966 (c. 45), s. 20, Sch. 5

F54 Words repealed by Armed Forces Act 1966 (c. 45), ss. 20, 37(3), Sch. 5

F55 S. 224(9) repealed by Armed Forces Act 1966 (c. 45), ss. 20, 37(3), Sch. 5

225 General provisions as to interpretation. U.K.

(1) In this Act:—

• “acting rank” means rank of any description (however called) such that under Queen’sRegulations a commanding officer has power to order the holder to revert from that rank, “actingwarrant officer” and “acting non-commissioned officer” shall be construedaccordingly, F56 ;

• “active service” shall be construed in accordance with the last foregoing section;

• “aircraft” means any machine for flying, whether propelled by mechanical means or not, andincludes any description of balloon;

• “aircraft material” includes—

(a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in,aircraft;

(c) any other gear, apparatus or instruments in, or for use in, aircraft;

(d) any apparatus used in connection with the taking-off or landing of aircraft or for detecting themovement of aircraft; and

(e) any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft oraircraft material;

• [F57 “air signal” means any message, signal or indication given, by any means whatsoever, forthe guidance of aircraft or a particular aircraft];

• “appropriate superior authority” has the meaning assigned to it by subsection (1) ofsection seventy-seven and subsection (2) of section eighty-two of this Act;

• “arrest” includes open arrest;

• “before the enemy”, in relation to a person, means that he is in action against the enemyor about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;

• “civil court” means a court of ordinary criminal jurisdiction but does not, except whereotherwise expressly provided, include any such court outside Her Majesty’s dominions;

• “civil offence” has the meaning assigned to it by subsection (2) of section seventy of thisAct;

• “commanding officer” has the meaning assigned to it by subsection (1) of section eighty-twoof this Act;

• [F58 “Commonwealth force” means any of the naval, military or air forces of Canada, theCommonwealth of Australia, New Zealand, India, [F59 Pakistan,] Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidadand Tobago, Uganda, Kenya, Zanzibar, Malawi, Zambia, Malta, The Gambia, Guyana, Botswana, Lesotho,Singapore, Barbados, Mauritius, Swaziland, Tonga, Fiji, the Bahamas, Bangladesh, Grenada, Seychelles,Solomon Islands, Tuvalu, Dominica, Saint Lucia, Kiribati, Saint Vincent and the Grenadines, Papua NewGuinea, Western Samoa, Nauru, the New Hebrides, Zimbabwe, Belize or Antigua and Barbuda [F60 or Saint Christopher and Nevis][F61 or Brunei or Maldives][F62 or Namibia]];

• “constable” includes any person (whether within or outside the United Kingdom) havingpowers corresponding with those of a constable;

• “corps” means any such body of [F63 Her Majesty’s military forces] as may from time to time be declared by warrant of Her Majesty to be a corps for the purposes of thisAct;

• “corresponding civil offence” has the meaning assigned to it by subsection (2) of sectionseventy of this Act;

• “corresponding rank,” in relation to any rank or rating of any of Her Majesty’s naval,military or air forces, means such rank or rating of any other of those forces as may be declared by Queen’sRegulations to correspond therewith;

• “court-martial,” except where it is otherwise expressly provided, means a court-martialunder this Act;

• “damage” includes destruction, and references to damaging shall be construed accordingly;

• “decoration” includes medal, medal ribbon, clasp and good-conduct badge;

• “desertion” shall be construed in accordance with subsection (2) of section thirty-sevenof this Act;

• “enemy” includes all persons engaged in armed operations against any of Her Majesty’sforces, [F64 or any forces co-operating therewith] and also includes all armed mutineers, armed rebels, armed rioters and pirates;

• “Governor” means, in relation to any colony, the officer, however styled, who is for thetime being administering the government of the colony F65 , but where two or more colonies or the parts of any colony are under localgovernments and also under a central government, references to the Governor shall be construed as referencesto the officer, however styled, who is for the time being administering the central government;

• [F66 “handles” has the same meaning as in the M29 Theft Act 1968];

• “Her Majesty’s air forces", “Her Majesty’s military forces" or “Her Majesty’s navalforces"F67 , except where otherwise expressly provided, does not include any Commonwealthforce [F68 and references to “Her Majesty’s forces”, except in sections F69 177, shall be construed accordingly];

• except where the context otherwise requires “oath” includes affirmation, and referencesto swearing shall be construed accordingly;

• “property” includes real property in England or Wales or Northern Ireland, heritableproperty in Scotland, and property outside the United Kingdom of the nature of real property;

• “provost officer” means a provost marshal or officer appointed to exercise the functionsconferred by or under this Act on provost officers and includes a naval provost marshal, an assistant toa naval provost marshal, and an officer appointed to exercise functions conferred by or under the M30 Air Force Act 1955, and corresponding with those of a provost officer under this Act;

• “public property” means any property belonging to any department of Her Majesty’sGovernment in the United Kingdom or the Government of Northern Ireland or held for the purposes of any suchdepartment;

• “Queen’s Regulations” means the Queen’s Regulations for the Army;

• “regular forces” means any of Her Majesty’s military forces other than the army reserve,the Territorial Army and the Home Guard, and other than forces raised under the law of a colony, so howeverthat an officer of any reserve of officers, or an officer who is retired within the meaning of any RoyalWarrant, shall not be treated for the purposes of this Act as a member of the regular forces save in so faras is expressly provided by this Act;

• “Royal Warrant” means the warrant or warrants of Her Majesty for the time being in forcefor regulating the pay and promotion of the army;

• “Rules of Procedure” has the meaning assigned to it by section one hundred and three ofthis Act;

• “service”, when used adjectivally, means belonging to or connected with Her Majesty’smilitary forces or any part of Her Majesty’s military forces;

• [F70 “service law” means military law, air-force law or the M31 Naval DisciplineAct 1957;]

• “service property” includes property belonging to any joint association or territorial armyassociation within the meaning of [F71 the M32 Reserve Forces Act 1980], or to the Navy, Army and Air Force Institutes;

• “ship” includes any description of vessel;

• [F72 “steals” has the same meaning as in the M33 Theft Act 1968, and referencesto “stolen goods” shall be construed as if contained in that Act];

• “stoppages” means the recovery, by deductions from the pay of the offender, of a specifiedsum by way of compensation for any expense, loss or damage occasioned by the offence.

[F73 (1A) Any reference in this Act to Her Majesty’s aircraft is a reference to aircraft in the service of HerMajesty, whether belonging to Her Majesty or not, but does not include a reference to aircraft of aCommonwealth force other than aircraft placed at the disposal of Her Majesty for service with any of HerMajesty’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 Commonwealthforce other than ships placed at the disposal of Her Majesty for service with any of Her Majesty’s forces].

[F74 (1C) References in this Act, in relation to any of Her Majesty’s forces, to an officer holding acommission include references to a person to whom a commission is required to be issued; and for thepurposes of this Act, where a commission issued to any person takes effect from a date earlier than the dateof its issue, that earlier date shall be conclusively presumed to be the date on which the requirement toissue the commission arose.]

(2) References in this Act to warrant officers, non-commissioned officers or men of the army reserve beingcalled out on permanent service are references to their being so called out whether in pursuance of [F75 section 10 of the M34 Reserve Forces Act 1980] or not, but in Part I of this Act and subsection (2) of section one hundred and sixty-seven thereofdo not include references to their being called out [F76 in pursuance of section 11 of or paragraph 16(1) or (2) or (3) of Schedule 8 to the M35 Reserve Forces Act 1980].

(3) Any power conferred by this Act to make provision by regulations, rules or other instrument shallinclude power to make that provision for specified cases or classes of cases, and to make differentprovision for different classes of cases, and for the purposes of any such instrument classes of cases maybe defined by reference to any circumstances specified in the instrument.

(4) Any power conferred by the foregoing provisions of this Act to make an order shall be construed asincluding power, exercisable in the like manner and subject to the like provisions, to vary or revoke theorder.

Textual Amendments

F56 Words repealed by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(d)

F57 Definition inserted by Army and Air Force Act 1961 (c. 52), Sch. 2

F58 Definition of “Commonwealth force" printed as amended by enactments listed in Chronological Table of the Statutes, Belize Act 1981 (c. 52), Sch. 2 para. 1 and S.I. 1981/1105, Sch. para.2(b) S 2

F59 Word inserted (retrospectively 1.10.1989) by Pakistan Act 1990 (c. 14, SIF26:30), s. 1, Sch. para. 3

F60 Words added by S.I. 1983/882, art. 5, Sch. para. 1

F61 Words added by Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 1, Sch. para. 4

F62 Words in s. 225(1) added (retrospective to 21.3.1990) by Namibia Act 1991 (c. 4, SIF 26:25A), s. 1, Sch. para. 2 (with s. 2(2))

F63 Words substituted by Army and Air Force Act 1961 (c. 52), Sch. 2

F64 Words inserted by Armed Forces Act 1966 (c. 45), s. 28(4)

F65 Words repealed by Zanzibar Act 1963 (c. 55), Sch. 3

F66 Definition inserted by Theft Act 1968 (c. 60), Sch. 2 Pt. II

F67 Words repealed with saving by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. I

F68 Words added by Armed Forces Act 1966 (c. 45), s. 28(1)(4)

F69 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F70 Definition inserted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(11)

F71 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F72 Definition substituted by Theft Act 1968 (c. 60), s. 33(2), Sch. 2 Pt. II

F73 S. 225(1A)(1B) inserted by Armed Forces Act 1966 (c. 45), s. 27(2)

F74 S. 225(1C) inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF7:1), s. 16(1), Sch. 1 para. 10(1)

F75 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(a)

F76 Words substituted by virtue of Reserve Forces Act 1966 (c. 30), Sch. 1 para. 35 andReserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(b)

Modifications etc. (not altering text)

C3 S. 225(2) excluded by Reserve Forces Act 1980 (c. 9), s. 83

Marginal Citations

M29 1968 c. 60.

M30 1955c. 19.

M31 1957 c. 53.

M32 1980 c. 9.

M33 1968 c. 60.

M34 1980 c. 9.

M35 1980 c. 9.

226 Short title, commencement and duration. U.K.

(1) This Act may be cited as the Army Act 1955.

(2)—(5)F77

Textual Amendments

F77 S. 226(2)–(5) repealed by Army and Air Force Act 1961 (c. 52), s. 1(5)