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Army Act 1955 (repealed)
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Changes over time for: Section 212
Version Superseded: 01/04/1997
Alternative versions:
- 01/02/1991- Amendment
- 01/10/1993
Point in time - 01/04/1997- Amendment
- 31/10/2009- Amendment
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Point in time view as at 01/10/1993. This version of this provision has been superseded.
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212 Provisions as to Home Guard.F1U.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 M1Home 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.
Textual Amendments applied to the whole legislation
F1Act: 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
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