Air Force Act 1955 (repealed)

209 Application of Act to civilians.F28 F29 U.K.

(1) Subject to the modifications hereinafter specified [F1 and to section 74(4) of this Act], where any body of the regular air force is on active service, Part II of this Act shall apply to any person who is employed in the service of that body of the force or any part or member thereof, or accompanies the said body or any part thereof, and is not subject to air-force law, [F2 the M1 Naval Discipline Act 1957] or military law apart from this section or any corresponding provisions of that Act or the M2 Army Act 1955, as the said Part II applies to persons subject to air-force law.

(2) Subject to the modifications hereinafter specified [F1 and to section 74(4) of this Act], Part II of this Act shall at all times apply to a person of any description specified in the Fifth Schedule to this Act who is within the limits of the command of any officer commanding a body of the regular air force outside the United Kingdom and is not subject to air-force law, [F2 the M3 Naval Discipline Act 1957] or military law apart from this section or any corresponding provisions of that Act or the M4 Army Act 1955, as the said Part II applies to persons subject to air-force law:

Provided that none of the provisions contained in sections twenty-four to sixty-nine of this Act shall apply to a person by virtue only of this subsection [F3 except—

(a) sections 29, 35, 36 and 55 to 57, and section 68 so far as it relates to those sections, and

(b) in the case of persons falling within any description specified in paragraphs 1 to 4 of Schedule 5, section 34B and section 68 so far as it relates to that section.]

(3) The said modifications are the following:

[F4 (a) on a trial—

(i) a court-martial may award the punishment specified in paragraphs F5 . . . (b) and (h) of section 71(1) above, except that section 71(5)(a) above shall not apply to the amount of a fine;

(ii) a Standing Civilian Court established under the M5 Armed Forces Act 1976 may award any punishment authorised for such courts by section 8 of that Act; and

(iii) a court-martial or Standing Civilian Court may make any order authorised by Schedule 5A below;

(aa) any such order shall be treated as a punishment for the purposes of this Act;

(ab) paragraph 15 of Schedule 5A below shall have effect in substitution for the words in section 71(1) above from “and references in this Act” to the end;]

(b) the punishment which may be awarded where a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding [F6 £100], but no other punishment;

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (ca) section 75J(2)(b) above shall have effect with the omission of the words from the beginning to “of this Act”;

(cb) section 75K(6) above shall have effect with the omission of paragraph (a);]

F9 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the provisions of this Act relating to the investigation of, and summary dealing with, offences shall save as otherwise expressly provided apply as they apply to officers and warrant officers;

(f) for the purposes of [F10 Part 2 of this Act], the commanding officer shall be such officer as may be determined by or under regulations of [F11 the Defence Council] made for the purposes of this section;

F12 (fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (faa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (fab) where the summary appeal court hears an appeal brought by any such person as is mentioned in subsection (1) or (2) above and the court would otherwise include two officers qualified under section 83ZC of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above,

(fac) references in Part II of this Act to the officers qualified under section 83ZC for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of paragraph (fab) above,]

F14 (fb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) for references in sections one hundred and thirty-one and one hundred and thirty-two of this Act to being, continuing, or ceasing to be subject to air-force law there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that the said Part II applies, and subsection (3) of the said section one hundred and thirty-one shall not apply.

[F15 (3A) For the purposes of paragraph (g) of subsection (3) of this section a person shall be deemed not to have ceased to be in such circumstances as are mentioned in that paragraph if he has so ceased by reason only of one or both of the following, namely—

(a) the fact that he has ceased to be within the limits of a command within whose limits he continues to have his ordinary residence or to serve or to be employed;

(b) the fact that there has been an interruption of his residence with a family of persons whose place of residence continues to be his home.]

[F16 [F17 (3B)] In their application to any area for which Standing Civilian Courts are established under the M6 Armed Forces Act 1976—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (aa) section 83 above shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A) Regulations under this section may provide for sections 76 to 76C of this Act to have effect subject to such modifications as may be specified in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try.”]

[F20 (b) section 103(1) above shall have effect as if the following paragraph were inserted after paragraph (b)—

“(c) the hearing by courts-martial of appeals against findings and sentences of Standing Civilian Courts.”]

(c) subsection (3) above shall have effect in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try, but without prejudice to its effect in relation to other charges, as if the following paragraph were substituted for paragraph (e):—

“(e) sections 76, [F21 to 76C] above shall apply as they apply to officers and warrant officers, subject to such modifications [F22 as may be specified by regulations under section 83 of this Act] and by any order under paragraph 12 of Schedule 3 to the Armed Forces Act 1976;”].

F23 (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 (3D) Rules under section 103 may, in relation to a court-martial for the trial of a person mentioned in subsection (1) or (2) above (whether alone or with other persons), make provision—

(a) as to the persons who may be appointed under section 84D(1)(a) or (c) or (2)(a) or (c) as members of the court-martial (and the rules may in particular provide that persons other than air-force officers or air-force warrant officers may be so appointed);

(b) modifying the application of Part 2 of this Act in consequence of any provision made by virtue of paragraph (a).]

[F25 (4) A fine awarded against any person by virtue of this section by a court-martial, a Standing Civilian Court or the appropriate superior authority, and a sum which an order under paragraph 11 of Schedule 5A below requires any person to pay shall be recoverable, in the United Kingdom or any colony, as a debt due to Her Majesty.

(4A) The registration of a financial penalty enforcement order under section 133A above shall not affect the power of recovery in a colony conferred by subsection (4) above.

(4B) Section 199 above shall appply to persons such as are mentioned in subsection (1) or (2) above, as it applies to persons subject to [F26 air force law]].

[F27 (5) This section does not apply to any person to whom section 208A above applies.]

Textual Amendments

F1 Words in s. 209(1)(2) inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 7(2)

F2 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F3 Words in s. 209(2) substituted (4.3.2006) by Armed Forces Act 2001 (c. 19), s. 39(2), Sch. 5 para. 4; S.I. 2006/235, art. 2 (with art. 3)

F4 S. 209(3)(a)(aa)(ab) substituted for s. 209(3)(a) by Armed Forces Act 1976 (c. 52), Sch. 9 para. 5

F5 Word in s. 209(3)(a)(i) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4

F6 Sum substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 1

F7 S. 209(3)(c) omitted (18.7.2008) by virtue of The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 7(3)

F8 S. 209(3)(ca)(cb) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 4(2); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F9 S. 209(3)(d) repealed (1.4.1997) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. IV para. 81(a), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F10 Words in s. 209(3)(f) substituted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 50(3); S.I. 2001/3234, art. 2

F11 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F12 S. 209(3)(fa)(faa) repealed (28.6.2007) by The Armed Forces (Alignment of Service Discipline Acts) Order 2007 (S.I. 2007/1859), art. 1, Sch. para. 2(2)

F13 S. 209(3)(fab)(fac) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 17; S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F14 S. 209(3)(fb) repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

F15 S. 209(3A) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F16 S. 209(3A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 6

F17 S. 209(3A) renumbered as subsection (3B) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F18 S. 209(3B)(a) repealed (2.10.2000) by 2000 c. 4, s. 27, Sch. 4; S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F19 S. 209(3B)(aa) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 82(2); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F20 S. 209(3B)(b) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 82(3); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F21 Words in s. 209(3B)(c) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 82(4)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F22 Words in s. 209(3B)(c) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 82(4)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F23 S. 209(3C) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 6 para. 50(4), Sch. 7 Pt. 4; S.I. 2001/3234, art. 2

F24 S. 209(3D) inserted (28.6.2007) by The Armed Forces (Alignment of Service Discipline Acts) Order 2007 (S.I. 2007/1859), art. 1, Sch. para. 2(3)

F25 S. 209(4)(4A)(4B) substituted for s. 209(4) by Armed Forces Act 1976 (c. 52), Sch. 9 para. 7

F26 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 2

F27 S. 209(5) added by Armed Forces Act 1971 (c. 33), s. 72(2)

Marginal Citations

M1 1957 c.53.

M2 1955 c. 18.

M3 1957 c. 53.

M4 1955 c. 18.

M5 1976 c. 52.

M6 1976 c. 52.

Textual Amendments applied to the whole legislation

F28 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

F29 Act repealed (1.1.2008 for the repeal of s. 180 only) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2))