Army Act 1955 (repealed)

Part IF23 U.K. Enlistment, Service and Discharge

Textual Amendments applied to the whole legislation

F23 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

[F1 1 U.K. The provisions of the six following paragraphs shall have effect in substitution for sections 4 to . . . F2 13].

Textual Amendments

F1 Para. 1 substituted by Armed Forces Act 1966 (c. 45), s. 13(1), Sch. 3 para. 3

F2 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

2, 3. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 7 paras. 2, 3, 4(2)(3) repealed with saving by S.I. 1988/1395, reg. 13

[F4 4 (1) The provisions of this and the two next following paragraphs shall have effect as to the prolongationof service of a marine. U.K.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 ]

Textual Amendments

F4 Paras. 4—4B substituted for para. 4 by Armed Forces Act 1966 (c. 45), ss. 13,37(3), Sch. 3 para. 1

F5 Sch. 7 paras. 2, 3, 4(2)(3) repealed with saving by S.I. 1988/1395, reg. 13

4A [F6 (1) This paragraph applies to a marine serving in the Royal Marines if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve. U.K.

For the purposes of this paragraph, “the relevant date", in relation to a marine, means the date on which he would, apart from this paragraph, fall to be transferred to the Royal Fleet Reserve or he would be entitled to be discharged, as the case may be.

F6 (1A) A marine to whom this paragraph applies may be retained in service in the Royal Marines after the relevant date in accordance with this paragraph for such period as the competent authority may order, and his service may be prolonged accordingly.

F6 (1B) The period for which a marine may be retained in service after the relevant date by virtue of this paragraph shall be limited as follows, that is to say—

(a) a marine who would otherwise have fallen to be transferred to the Royal Fleet Reserve may not be retained for longer than the period for which, if the assumptions mentioned in sub-paragraph (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or

(b) a marine who would otherwise have been discharged may not be retained for longer than twelve months;

and a marine who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the Royal Fleet Reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.

F6 (1C) The assumptions to be made in relation to a marine for the purposes of sub-paragraph (1B)(a) above are that—

(a) he was transferred to the Royal Fleet Reserve in time to be called out for permanent service starting on the relevant date; and

(b) he was so called out on the authority of the call-out order which justified his retention in service.]

(5) If while a person is being retained in service in the Royal Marines by virtue of this paragraph itappears to the competent authority that his service can be dispensed with, he shall be entitled to bedischarged or transferred to the Royal Fleet Reserve as the case may require.

(6) Where, at the time at which under the foregoing provisions of this paragraph a person is entitled tobe discharged or transferred to the Royal Fleet Reserve, a state of war exists between Her Majesty and any foreign power, he may, by a declaration made before his commanding officer in a form prescribed byregulations of the Defence Council, agree to continue in service in the Royal Marines while such a stateof war exists; and, if the competent authority approve, he may continue accordingly as if the period forwhich his term of service could be prolonged under the foregoing provisions of this paragraph were a periodcontinuing so long as a state of war exists:

Provided that, if it is so specified in the declaration, he shall be entitled to be discharged ortransferred to the Royal Fleet Reserve, as the case may require, at the expiration of three months’ notice given by him to his commanding officer.

[F7 (6A) Where a marine is retained in service by virtue of this paragraph but would otherwise have fallen to be transferred to the Royal Fleet Reserve—

(a) any period for which he is liable to serve in the Royal Fleet Reserve after the completion of his service in the Royal Marines shall be reduced by the period for which he is so retained; and

(b) the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996.]

(7) In relation to marines serving outside the United Kingdom, references in this paragraph to beingentitled to be transferred to the Royal Fleet Reserve shall be construed as references to being entitledto be sent to the United Kingdom with all convenient speed for the purpose of being transferred to thatReserve.

[F8 (8) References in this paragraph to men of the Royal Fleet Reserve being called into actual service arereferences to their being called into actual or permanent service under the authority of an order of HerMajesty made on its appearing to Her that national danger is imminent or a great emergency has arisen, orinto actual service under [F9 section 16(1) of the M1 Reserve Forces Act 1980].]

Textual Amendments

F6 Sch. 7 para. 4A(1)(1A)-(1C) substituted (1.4.1997 subject to saving in para. 4 of amending Sch.) for Sch. 7 para. 4A(1)-(4) by 1996 c. 14, s. 126, Sch. 7 paras. 3(1)(2), 4 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F7 Sch. 7 para. 4A(6A) inserted (1.4.1997 subject to saving in para. 4 of amending Sch.) by 1996 c. 14, s. 126, Sch. 7 paras. 3(1)(3), 4 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F8 Sch. 7 para. 4A(8) ceased to have effect (1.4.1997 subject to saving in para. 4 of amending Sch.) by 1996 c. 14, s. 126, Sch. 7 paras. 3(1)(4), 4 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F9 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 4

Modifications etc. (not altering text)

C1 Sch. 7 para. 4A modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 4

Marginal Citations

M1 1980 c. 9.

4B (1) If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that marines serving in the Royal Marines who would otherwise fall to be transferred to the Royal Fleet Reserve shall continue in service inthe Royal Marines; and thereupon the last foregoing paragraph shall apply to such persons as it applieswhile [F10 a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the Royal Fleet Reserve is in force]. U.K.

(2) Where an order is made under sub-paragraph (1) above, the occasion thereof shall forthwith becommunicated to Parliament.

(3) An order in force under sub-paragraph (1) above may be revoked by an order of Her Majesty signified astherein mentioned.

Textual Amendments

F10 Words in Sch. 7 para. 4B(1) substituted (1.4.1997 subject to saving in para. 4 of amending Sch.) by 1996 c. 14, s. 126, Sch. 7 paras. 3(1)(5), 4 (with s. 72(5)); S.I. 1997/305, art. 2(1)

Modifications etc. (not altering text)

C2 Sch. 7 para. 4B modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 4

5 (1) The following provisions shall have effect as to the discharge and transfer to the Royal Fleet Reserveof marines serving in the Royal Marines.

(2) Save as hereinafter provided, a marine, upon becoming entitled to be discharged or transferred, shallbe discharged or transferred with all convenient speed, but until discharged or transferred shall be treatedas if his period of service in the Royal Marines had not come to an end.

[F11 (2A) Where a marine enlisted in the United Kingdom is, when entitled to be discharged, serving out of theUnited Kingdom, then—

(a) if he requires to be discharged in the United Kingdom, he shall be sent there free of cost with allconvenient speed and shall be discharged on his arrival there or, if he consents to his discharge beingdelayed, within six months from his arrival; but

(b) if at his request he is discharged at the place where he is serving he shall have no claim to be sentto the United Kingdom or elsewhere.

(2B) A marine who is discharged in the United Kingdom shall be entitled to be conveyed free of cost from theplace where he is discharged to the place stated in his attestation paper to be the place where he wasattested or to any place at which he intends to reside and to which he can be conveyed with no greater cost.

(2C) Where a marine, when falling to be transferred to the Royal Fleet Reserve, is serving out of the UnitedKingdom, he shall be sent to the United Kingdom free of cost with all convenient speed and shall betransferred to the Reserve on his arrival there, or if he consents to his transfer being delayed, withinsix months from his arrival:

Provided that if he so requests he may be transferred to the Reserve without being required to returnto the United Kingdom.

(2D) A marine who is transferred to the Reserve in the United Kingdom shall be entitled to be conveyed freeof cost from the place where he is transferred to the place stated in his attestation paper to be the placewhere he was attested or to any place at which he intends to reside and to which he can be conveyed withno greater cost:

Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.]

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(5) Where a marine who has, or is reasonably suspected of having, committed an offence under [F13 the M2 Naval Discipline Act 1957] is entitled to be discharged or transferred at a time before he has been tried and punished for theoffence, section one hundred and thirty-one shall with the necessary modifications apply in relation to theoffence as if references therein to a court-martial and to military law included references to a navalcourt-martial and to [F13 the Naval Discipline Act 1957].

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(7) Every marine shall on his discharge be given a certificate of discharge containing such particulars asmay be prescribed [F15 by regulations of the Defence Council].

Textual Amendments

F11 Paras. 5 (2A)—(2D) inserted by Armed Forces Act 1976 (c. 52), s. 3(2), Sch. 1 Pt.II para. 3

F12 Sch. 7 para. 5(3)(4) repealed by Armed Forces Act 1966 (c. 45), ss. 13(1), 37(3), Sch.5

F13 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F14 Sch. 7 para. 5(6) repealed by Army and Air Force Act 1961 (c. 52), Sch. 1 para. 5(2)

F15 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Marginal Citations

M2 1957 c. 53

5A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16 Sch. 7 para. 5A repealed by Armed Forces Act 1976 (c. 52), Sch. 10

6 U.K. Subsections (1) and (2) of section three, . . . F17 , shall not apply to marines.

Textual Amendments

F17 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10 and Armed Forces Act 1981 (c.55), Sch. 5 Pt. II

7 U.K. Section eighteen shall have effect, in relation to men of the Royal Marines, as if references toenlistment included references to re-engagement, and in relation to re-engagement references to thedeclaration mentioned in that section and to attestation or an attestation paper included references to thedeclaration required by sub-paragraph (2) of paragraph 3 of this Schedule.

F18 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 7 para. 8 repealed (1.10.1996 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, arts. 2, 3, Sch.

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Sch. 7 para. 9 repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

10 U.K. In this Part of this Schedule references to a marine include references to [F20 a warrant officer and] a non-commissioned officer [F21 and the expression “competent authority” means the Defence Council or an officer authorised by regulationsof the Defence Council to act for the purposes of this Part of this Schedule].

Textual Amendments

F20 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(2)(a)

F21 Words added by S.I. 1964/488, Sch. 1 Pt. I

Valid from 01/05/2001

[F22 10A U.K. Subsection (2) of section 22 applies to the powers to make regulations conferred by this Part of this Schedule as it applies to other powers under Part I of this Act.]

Textual Amendments

F22 Sch. 7 Pt. I para. 10A inserted (1.5.2001) by 1996 c. 46, s. 4(2) (with s. 4(4)); S.I. 2001/1519, art. 2