Army Act 1955 (repealed)

225 General provisions as to interpretation.F35 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, F1 ;

• “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;

• [F2 “air signal” means any message, signal or indication given, by any means whatsoever, forthe guidance of aircraft or a particular aircraft];

• “appropriate superior authority” [F3 means a person who may act as an appropriate superior authority by virtue of]subsection (2) of section eighty-two of this Act;

• F4 . . .

• “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;

• [F5 “Commonwealth force” means any of the naval, military or air forces of Canada, theCommonwealth of Australia, New Zealand, [F6 South Africa]India, [F7 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 [F8 or Saint Christopher and Nevis][F9 or Brunei or Maldives][F10 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 [F11 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;

• [F12 “court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;]

• “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, [F13 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 F14 , 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;

• [F15 “handles” has the same meaning as in the M1 Theft Act 1968];

• “Her Majesty’s air forces", “Her Majesty’s military forces" or “Her Majesty’s navalforces"F16 , except where otherwise expressly provided, does not include any Commonwealthforce [F17 and references to “Her Majesty’s forces”, except in sections F18 177, shall be construed accordingly];

• [F19 “the judge advocate” has the meaning assigned to it by section 84B(1) of this Act;]

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

• [F20 “judicial officer” means a person appointed under section 75L of this Act;]

• “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;

• [F21 “the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;]

• “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 M2 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 F22 . . ., 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;

• [F23 “the relevant time” in relation to a person arrested under section 74 of this Act, means the time of the arrest;]

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

• F24 . . .

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

• [F25 “service law” means military law, air-force law or the M3 Naval DisciplineAct 1957;]

[F26 “service property" includes property belonging to an association established, or having effect as if established, under section 110 of the Reserve Forces Act 1996 or to the Navy, Army and Air Force Institutes.]

• “ship” includes any description of vessel;

• [F27 “steals” has the same meaning as in the M4 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 F28 . . ..

• [F29 “the summary appeal court” means the court established by section 83ZA of this Act;]

[F30 (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].

[F31 (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.]

[F32 (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 [F33 section 10 of the M5 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 [F34 in pursuance of section 11 of or paragraph 16(1) or (2) or (3) of Schedule 8 to the M6 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

F1 Words repealed by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(d)

F2 Definition inserted by Army and Air Force Act 1961 (c. 52), Sch. 2

F3 S. 225(1): words in definition of “appropriate superior authority" substituted (1.4.1997 subject to art. 3) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F4 S. 225(1): Definition of “arrest" repealed (2.10.2000) by 2000 c. 4, ss. 10, 27, Schs. 1 para. 5(1)(a), 4; S.I. 2000/2366, art. 2 (with Sch. para. 13)

F5 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

F6 S. 225(1): words in definition of “Commonwealth force" inserted (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 3

F7 Word inserted (retrospectively 1.10.1989) by Pakistan Act 1990 (c. 14, SIF26:30), s. 1, Sch. para. 3

F8 Words added by S.I. 1983/882, art. 5, Sch. para. 1

F9 Words added by Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 1, Sch. para. 4

F10 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))

F11 Words substituted by Army and Air Force Act 1961 (c. 52), Sch. 2

F12 S.225(1): definitions of “court administration officer" and “the court administration officer" inserted (1.4.1997 subject to art. 3) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F13 Words inserted by Armed Forces Act 1966 (c. 45), s. 28(4)

F14 Words repealed by Zanzibar Act 1963 (c. 55), Sch. 3

F15 Definition inserted by Theft Act 1968 (c. 60), Sch. 2 Pt. II

F16 Words repealed with saving by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. I

F17 Words added by Armed Forces Act 1966 (c. 45), s. 28(1)(4)

F18 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F19 S. 225(1): definition of “the judge advocate" inserted (1.4.1997 subject to art. 3) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(c); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F20 S. 225(1): Definition of “judicial officer" inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 5(1)(b); S.I. 2000/2366, art. 2 (with Sch. para. 13)

F21 S. 225(1): definition of “the prosecuting authority" inserted (1.4.1997 subject to art. 3) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(d); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F22 S. 225(1): words in definition of “regular forces" repealed (1.4.1997) by virtue of 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F23 S. 225(1): Definition of “the relevant time" inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 5(1)(c); S.I. 2000/2366, art. 2 (with Sch. para. 13)

F24 S. 225(1): definition of “Rules of Procedure" repealed (1.4.1997 subject to art. 3) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. IV para. 74(e), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F25 Definition inserted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(11)

F26 S. 225(1): definition of “service property" substituted (1.1.1999) by S.I. 1998/3086, reg. 7 (with transitional provisions in Sch.)

F27 Definition substituted by Theft Act 1968 (c. 60), s. 33(2), Sch. 2 Pt. II

F28 Words in s. 225(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 7(2), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.

F29 S. 225(1): Definition of “the summary appeal court" inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 23; S.I. 2000/2366, art. 2 (with Sch. para. 13)

F30 S. 225(1A)(1B) inserted by Armed Forces Act 1966 (c. 45), s. 27(2)

F31 S. 225(1C) inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF7:1), s. 16(1), Sch. 1 para. 10(1)

F32 S. 225(2) ceased to have effect (1.1.1999) by virtue of S.I. 1998/3086, reg. 9(1) (with transitional provisions in Sch.)

F33 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(a)

F34 Words substituted by virtue of Reserve Forces Act 1966 (c. 30), Sch. 1 para. 35 and Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(b)

Modifications etc. (not altering text)

C1 S. 225(2) excluded by Reserve Forces Act 1980 (c. 9), s. 83

Marginal Citations

M1 1968 c. 60.

M2 1955c. 19.

M3 1957 c. 53.

M4 1968 c. 60.

M5 1980 c. 9.

M6 1980 c. 9.

Textual Amendments applied to the whole legislation

F35 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