Modifications etc. (not altering text)
C1Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2
Textual Amendments applied to the whole legislation
F9Act: 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
(1)Subject to and in accordance with the provisions of rules made under this section (hereinafter referred to as “board of inquiry rules”), [F1the Defence Council] or any air-force, naval or military officer empowered by or under such rules so to do may convene a board of inquiry to investigate and report on the facts relating to—
(a)the absence of any person subject to air-force law;
(b)the capture of any such person by the enemy;
(c)the death of any person in an air-force establishment, being an establishment in any country or territory outside the United Kingdom where an inquiry into the death is not required to be held by any civil authority;
(d)any other matter of a class specified in such rules or referred to such a board by [F1the Defence Council] or any such officer as aforesaid;
and a board of inquiry shall, if directed so to do, express their opinion on any question arising out of any matter referred to the board.
[F2(2)A board of inquiry shall consist of a president, who shall be an officer not below the rank of flight-lieutenant or corresponding rank and be subject to air-force law, the M1Naval Discipline Act 1957, or military law, and not less than two other members each of whom shall either be a person so subject or be a person not so subject who is in the service of the Crown.]
(3)Subject to the provisions of this section, board of inquiry rules may make provision with respect to the convening, constitution and procedure of boards of inquiry and, without prejudice to the generality of the foregoing, may make provision with respect to all or any of the following matters, that is to say:—
(a)the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards, so however that the rules shall provide for the taking of evidence on oath or affirmation except in circumstances such that if the evidence were being taken at a court-martial an oath could be dispensed with;
(b)without prejudice to the provisions of the next following section, the making in service books of records of findings of boards of inquiry in such cases as may be provided by the rules;
(c)such incidental and supplementary matters as appear requisite for the purposes of the rules.
(4)Board of inquiry rules shall contain provision for securing that any witness or other person [F3to whom this subsection applies] who may be affected by the findings of a board of inquiry shall have an opportunity of being present, and represented, at the sittings of the board or such part thereof as may be specified by or under the rules.
[F4This subsection, so far as it applies to persons other than witnesses who may be affected by the findings, applies to persons of the following descriptions only, that is to say—
(a)persons who are subject to military law, air-force law or the M2Naval Discipline Act 1957;
(b)persons who, though not so subject, are in the service of the Crown and may be so affected in character or professional reputation; and
(c)persons who, though not so subject, are employed by the Civil Aviation Authority in or in connection with the provision by the Authority of air navigation services and may be so affected in character or professional reputation.]
(5)Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than proceedings F5 for an offence against section seventy of this Act where the corresponding civil offence is perjury.
(6)The power to make board of inquiry rules shall be exercisable by the Secretary of State by statutory instrument which shall be laid before Parliament.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2S. 135(2) substituted by Army and Air Force Act 1961 (c. 52), s. 26(1)
F3Words inserted by Armed Forces Act 1981 (c. 55), s. 23(1)
F4Words added by Armed Forces Act 1981 (c. 55), s. 23(1)
F5Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
Modifications etc. (not altering text)
C2S. 135 modified (1.4.1997) by 1996 c. 14, s. 102(1)(a) (with s. 72(5)); S.I. 1997/305, art. 2(1)
Marginal Citations
(1)Where a board of inquiry inquiring into the absence of an officer, warrant officer, non-commissioned officer or airman reports that he has been absent without leave or other sufficient cause for a period specified in the report, not being less than twenty-one days, a record of the report shall in accordance with Queen’s Regulations be entered in the service books.
(2)A record entered in pursuance of the last foregoing subsection shall, unless the absentee subsequently surrenders or is arrested, or the report of the board of inquiry is annulled by [F6the Defence Council] or a subsequent board of inquiry, have the like effect as a conviction by court-martial for desertion.
Textual Amendments
F6Words substituted by S.I. 1964/488, Sch. 1 Pt. I
Modifications etc. (not altering text)
C3S. 136 modified (1.4.1997) by 1996 c. 14, s. 102(1)(b) (with s. 72(5)); S.I. 1997/305, art. 2(1)
(1)An officer of any of Her Majesty’s air forces authorised in that behalf by or under regulations of [F7the Defence Council] may cause an inquiry to be held, in such manner and [F8by such person or persons as may be specified by or determined under such regulations (being, as the case may be, a person who is subject to air-force law, the M3Naval Discipline Act 1957, or military law or, not being so subject, is in the service of the Crown, or persons each of whom is so subject or, not being so subject, is in that service)], into any matter so specified or determined:
Provided that an inquiry shall not be held in pursuance of this section into—
(a)the absence of a person subject to air-force law, or
(b)the capture of any such person by the enemy.
(2)Regulations of [F7the Defence Council] made for the purposes of this section may make provision as to the rules of evidence to be observed at inquiries held in pursuance of this section and the taking of evidence at such inquiries, and may authorise the taking of evidence on oath or affirmation, and the administration of oaths, in such cases as may be specified by or under the regulations.
(3)Subsections (4) and (5) of section one hundred and thirty-five of this Act shall apply in relation to inquiries held in pursuance of this section with the substitution of references to regulations of [F7the Defence Council] for references to board of inquiry rules and of references to an inquiry held in pursuance of this section for references to a board of inquiry.
Textual Amendments
F7Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F8Words substituted by Army and Air Force Act 1961 (c. 52), s. 26(2)
Marginal Citations