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Part IIU.K. Discipline and Trial and Punishment of Military Offences

Modifications etc. (not altering text)

C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Flying etc. offencesU.K.

51 Low flying.F4U.K.

Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it ata height less than such height as may be provided by any regulations issued under the authority of [F1the Defence Council], F2, except—

(a)while taking off or alighting, or

(b)in such other circumstances as may be so provided,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:

[F3Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.]

Textual Amendments

F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F2Words repealed by S.I. 1964/488, Sch. 1 Pt. I

Textual Amendments applied to the whole legislation

F4Act: 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