(1)Notwithstanding anything in this Part of this Act, an airman of the regular air force shall not be entitled to be discharged or transferred to the reserve at a time when he has become liable, as a person subject to air-force law, [F1the M1Naval Discipline Act 1957] or military law, to be proceeded against for an offence against any of the provisions of this Act, [F1the Naval Discipline Act 1957] or the M2Army Act 1955:
Provided that if it is determined that the offence shall not be tried by court-martial this subsection shall cease to apply.
(2)Notwithstanding anything in this Part of this Act, an airman of the regular air force who is outside the United Kingdom and serving a sentence of imprisonment or detention awarded by a court-martial under this Act, [F1the M3Naval Discipline Act 1957] or the M4Army Act 1955, shall not be entitled to be discharged or transferred to the reserve during the currency of the sentence.
Textual Amendments
F1Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
Marginal Citations
Textual Amendments applied to the whole legislation
F2Act: 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