Air Force Act 1955 (repealed)

205 Persons subject to air-force law: general provisions.F8 U.K.

(1) The following persons are subject to air-force law:—

(a) every officer holding an air forces commission (as defined in subsection (3) of this section) and for the time being employed, or recalled for employment, in Her Majesty’s service in any capacity in which he can be required to be employed as the holder of his commission;

(b) every officer holding an air forces commission (as defined as aforesaid) who for the time being is not employed, or not employed as mentioned in paragraph (a) of this subsection, but is liable (otherwise than in specified circumstances only) to be recalled to air-force service under Her Majesty;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) every officer, not subject to air-force law under the foregoing provisions of this section, who being the holder of an air forces commission (as defined as aforesaid) is employed in Her Majesty’s service in employment of which it is an express condition that while employed therein he is to be subject to air-force law;

(e) every officer, not subject to air-force law under the foregoing provisions of this section, who, with the approval of [F2 the Defence Council] given subject to an express condition that while in that employment he is to be subject to air-force law, is employed otherwise than in Her Majesty’s service;

[F3 F3 (f) every officer of the air force reserve or Royal Auxiliary Air Force who is not a special member;

F3 (ff) every officer of the air force reserve or Royal Auxiliary Air Force who is a special member, when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not);]

(g) every warrant officer, non-commissioned officer and airman of the regular air force;

(h) every warrant officer, non-commissioned officer and man of the air force reserve when [F4 in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the air force reserve;]

(i) every warrant officer, non-commissioned officer and man of the Royal Auxiliary Air Force when [F5 in permanent service, in full-time service, called out for home defence service or undertaking any training or duty] (whether in pursuance of an obligation or not), or when serving on the permanent staff of the Royal Auxiliary Air Force;

(j) every person in receipt of a pension in respect of service in the regular air force, or of such service and other service, who is employed in Her Majesty’s service as mentioned in paragraph (d) of this subsection;

(k) every person not otherwise subject to air-force law who is serving in any force raised by order of Her Majesty outside the United Kingdom and is under the command of an officer holding an air forces commission (as defined as aforesaid).

(2) For the purposes of paragraph (e) of the last foregoing subsection a certificate of [F2 the Defence Council] that approval to a person’s employment was given subject to the condition mentioned in that paragraph shall be conclusive evidence of the facts stated in the certificate.

[F6 (3) In this section—

• “air forces commission” means a commission in the Royal Air Force, the air force reserve or the Royal Auxiliary Air Force;

• “full-time service” means service under a commitment entered into under section 24 of the Reserve Forces Act 1996;

• “permanent service” means permanent service on call out under any provision of the Reserve Forces Act 1980 , the Reserve Forces Act 1996 or any other call-out obligations of an officer;

• “special member” has the same meaning as in the Reserve Forces Act 1996.]

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 205(1)(c) repealed (1.4.1997) by 1996 c. 14, s. 131(1)(2), Sch. 10 para. 9(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F2 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F3 S. 205(1)(f)(ff) substituted for s. 205(1)(f) (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 9(3) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F4 Words in s. 205(1)(h) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 9(4) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F5 Words in s. 205(1)(i) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 9(5) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F6 S. 205(3) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 10 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F7 S. 205(4) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

Textual Amendments applied to the whole legislation

F8 Act: 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