(1)Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, the following provisions shall have effect where, after such investigation as may be prescribed by regulations of [F1the Defence Council], it appears to [F1the Defence Council] or an officer authorised by them that any loss of, or damage to, public or service property has been occasioned by any wrongful act or negligence of an officer, warrant officer, non-commissioned officer or airman of the regular air force (hereinafter referred to as “the person responsible”).
(2)[F1The Defence Council] or authorised officer, as the case may be, may order the person responsible [F2(whether or not he is a member of the regular forces at the time when the order is made)] to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order; and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.
(3)No order shall be made under the last foregoing subsection if, in proceedings (whether under this Act, [F3the M1Naval Discipline Act 1957] or the M2Army Act 1955) before a court-martial, the appropriate superior authority or the commanding officer of the person responsible, that person—
(a)has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question, or
(b)has been awarded stoppages in respect of the same loss or damage;
but save as aforesaid, the fact that any such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deductions under the last foregoing subsection.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2Words inserted by Army and Air Force Act 1961 (c. 52), s. 28
F3Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
Marginal Citations
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