C1Part III Forfeitures and Deductions and Enforcement of Maintenance Liabilities
147 Compensation for loss occasioned by wrongful act or negligence.
1
Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, thefollowing provisions shall have effect where, after such investigation as may be prescribed by regulationsof F2the Defence Council, it appears to F2the Defence Council or an officer authorised by them that any loss of, or damage to, public or service property has beenoccasioned by any wrongful act or negligence of an officer, warrant officer, non-commissioned officer orsoldier of the regular forces (hereinafter referred to as “the person responsible”).
2
F2The Defence Council or authorised officer, as the case may be, may order the person responsible F3(whether or not he is a member of the regular forces at the time when the order ismade) to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order;and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.
3
No order shall be made under the last foregoing subsection if, in proceedings (whether under this Act, F4the M1Naval Discipline Act 1957 or the M2Air Force Act 1955) before a court-martial, the appropriate superiorauthority or the commanding officer of the person responsible, that person—
a
has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act ornegligence in question, or
b
has been awarded stoppages in respect of the same loss or damage;
but save as aforesaid, the fact that any such proceedings have been brought in respect of the wrongfulact or negligence in question shall not prevent the making of an order or deductions under the lastforegoing subsection.
Part III extended by Reserve Forces Act 1980 (c. 9), s. 142