Army Act 1955 (repealed)

Application of Act to particular corps and forcesF14 U.K.

Textual Amendments applied to the whole legislation

F14 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

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 [F1 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 [F1 warrant officer] non-commissioned officer or marine of the [F2 Royal Marines Reserve or] the Royal Fleet Reserve F3 called into actual service or being trained or exercised.

(3) An officer, [F1 warrant officer] non-commissioned officer or marine of the Royal Marines, the [F2 Royal Marines Reserve or] the Royal Fleet Reserve, F3 shall continue subject to military law notwithstanding that he may for thetime being be subject to [F4 the M1 Naval Discipline Act 1957].

(4) In relation to the Royal Marines and the officer, officers, [F5 warrant officers] non-commissioned officers and marines thereof, and to officers, [F5 warrant officers] non-commissioned officers and marines of the [F2 Royal Marines Reserve or] the Royal Fleet Reserve, F3 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

F1 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(1)(a)

F2 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 4 para. 1(1)

F3 Words repealed by Navy, Army and Air Force Reserves Act 1959 (c. 10), Sch.

F4 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F5 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

M1 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)

F6 (4) F7 , 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 [F8 the M2 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 [F9 members of the territorial and army volunteer reserve who are serving in pursuanceof [F10 section 10(1) or section 11(1) of the M3 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 [F11 section 71(1) there were inserted immediately before paragraph (h)] the following paragraph—

[F11 “(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

F6 S. 211(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F7 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F8 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 2(a)

F9 Words substituted by Reserve Forces Act 1966 (c. 30), Sch. 1 para. 34

F10 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 2(b) 2

F11 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

M2 1980 c. 9.

M3 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 M4 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

M4 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)

F12 (b)

F13 (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

F12 S. 213(a) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 14, 16(2),Sch. 2

F13 S. 213(b) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I