SCHEDULES

SIXTH SCHEDULEApplication of Act to attached Members of Naval and Military Forces

Section 208.

1

1

As respects the punishment of a person subject to air-force law by virtue of section two hundred and eight of this Act, the following provisions of this paragraph shall have effect.

2

If he is a member of any of Her Majesty's military forces, references to forfeiture in the prescribed manner of seniority of rank shall be construed as references to forfeiture of seniority in the army or the corps to which he belongs in such manner as may be prescribed by Rules of Procedure.

3

If he is a member of any of Her Majesty's naval forces references to cashiering or discharge with ignominy shall be construed as references to dismissal with disgrace from Her Majesty's service, references to reduction to the ranks or any less reduction in rank shall be construed as references to disrating to an extent not greater than that which would have been authorised on conviction by a court-martial under the Naval Discipline Act, and paragraph (g) of subsection (2) of section seventy-two of this Act shall not apply.

2

For the purposes of the provisions of this Act relating to the constitution of courts-martial an officer subject to air-force law as aforesaid shall be treated as an officer belonging to Her Majesty's air forces of corresponding rank.

3

As respects the reconsideration of any sentence of a court-martial under this Act passed on a person subject to air-force law as aforesaid, the reference to the Air Council shall include a reference to his own Service Authority, and the functions of the authority required by those provisions to reconsider a sentence may be exercised by his own Service Authority.

4

As respects the review of a finding or award made on the summary disposal of a charge against a person subject to air-force law as aforesaid, references to the Air Council in the provisions of this Act relating to such reviews shall include references to his own Service Authority.

5

In proceedings under this Act against a person subject to air-force law as aforesaid any document which would have been evidence in the like proceedings under his own service law shall be evidence in like manner, subject to the like conditions and for the like purposes as in the first-mentioned proceedings.

6

In the application of this Act to a person subject to air-force law as aforesaid references to the regular air force shall include references to his own service, and references to any rank shall include references to the corresponding rank of his own service.

7

In relation to a person subject to air-force law as aforesaid subsection (3) of section one hundred and thirty-two of this Act shall have effect with the substitution for the period of three months therein mentioned of the period of three months next after the earliest date on which he is no longer subject either to air-force law or to his own service law.

8

In the application of sections one hundred and forty-four and one hundred and forty-nine of this Act to a person subject to air-force law as aforesaid references to an order under section two of the Air Force (Constitution) Act, 1917, shall include references to an Order in Council (if he is a member of any of Her Majesty s naval forces or of the Royal Marines) or to a Royal Warrant (if he is a member of any of Her Majesty's military forces other than the Royal Marines).

9

Sections one hundred and fifty to one hundred and fifty-two and one hundred and eighty of this Act shall not apply to a person subject to air-force law as aforesaid.

10

In this Schedule—

a

references to a person's own service shall be construed as references to the naval or military force to which he belongs,

b

references to a person's own service law shall be construed as references to the Naval Discipline Act or to military law, and

c

references to a person's own Service Authority shall be construed as references to the Admiralty or to the Army Council,

according as he is a member of Her Majesty's naval forces or Her Majesty's military forces.

11

In relation to officers, non-commissioned officers and marines of the Royal Marines who are subject to air-force law as aforesaid, the foregoing provisions of this Part of this Schedule shall have effect as if for the references to the Army Council there were substituted references to the Admiralty and as if references to a person's own service law included references to the Naval Discipline Act.

Table of Statutes referred to in this Act

Short Title

Session and Chapter

Lunacy (Scotland) Act, 1862

25 & 26 Vict. c. 54.

Naval Discipline Act

29 & 30 Vict. c. 109.

Capital Punishment Amendment Act, 1868

31 & 32 Vict. c. 24.

Bastardy Laws Amendment Act, 1872

35 & 36 Vict. c. 65.

Lunacy Act, 1890

53 & 54 Vict. c. 5.

Larceny Act, 1916

6 & 7 Geo. 5. c. 50.

Air Force (Constitution) Act, 1917

7 & 8 Geo. 5. c. 51.

Maintenance Orders (Facilities for Enforcement) Act, 1920

10 & 11 Geo. 5. c. 33.

Guardianship of Infants Act, 1925

15 & 16 Geo. 5. c. 45.

Road Traffic Act, 1930

20 & 21 Geo. 5. c. 43.

National Service Act, 1948

11 & 12 Geo. 6. c. 64.

Ireland Act, 1949

12, 13 & 14 Geo. 6. c. 41.

Justices of the Peace Act, 1949

12, 13 & 14 Geo. 6. c. 101.

Air Force Reserve Act, 1950

14 Geo. 6. c. 33.

Courts-Martial (Appeals) Act, 1951

14 & 15 Geo. 6. c. 46.

Prisons Act, 1952

15 & 16 Geo. 6. & 1 Eliz. 2. c. 52.

Magistrates' Courts Act, 1952

15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.

Prisons (Scotland) Act, 1952

15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.

Auxiliary Forces Act, 1953

1 & 2 Eliz. 2. c. 50.

Army Act, 1955

3 & 4 Eliz. 2. c. 18.