Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955

The Auxiliary Forces Act, 19531 & 2 Eliz. 2. c. 50

18(1)For the words "the Army Act" and, save as hereinafter provided, " the Air Force Act" wherever they occur there shall be substituted respectively the words " the Army Act, 1955 " and " the Air Force Act, 1955 ".

(2)In section twelve, the proviso to subsection (2) shall be omitted, and. in subsection (3) for the words " section thirty-three " there shall be substituted the words " section sixty-one " and for the words "justice of the peace" there shall be substituted the words " recruiting officer ".

(3)After section eighteen there shall be inserted the following section:—

18ADischarge of persons of unsound mind.

Section sixteen of the Army Act, 1955 shall apply to men of the Territorial Army while subject to military law as it applies to soldiers of the regular forces, and section sixteen of the Air Force Act, 1955 shall apply to men of the Royal Auxiliary Air Force while subject to air-force law as it applies to airmen of the regular air force.

(4)In section twenty-seven, in subsection (1) for the words " section twelve " there shall be substituted the words " section thirty-seven ", and for the words " section fifteen " there shall be substituted the words " section thirty-eight ", in subsection (3) for the words " section one hundred and fifty-four" there shall be substituted the words " sections one hundred and eighty-six to one hundred and ninety ", in subsection (4) for the words " paragraph (3) of section one hundred and fifty-three" there shall be substituted the words " paragraph (c) of subsection (1) of section one hundred and ninety-two ".

(5)Section thirty shall be omitted.

(6)In section thirty-one in subsection (5) for the words preceding paragraph (a) there shall be substituted the following words—

Section two hundred and twenty of the Army Act, 1955, and section two hundred and eighteen of the Air Force Act, 1955, shall apply to offences under this Act relating to an officer or man of the Territorial Army or the Royal Auxiliary Air Force respectively, and the following provisions shall have effect as regards fines recoverable on summary conviction for any such offence, that is to say,

and in paragraph (b) the words " or in the said sections one hundred and sixty-six to one hundred and sixty-eight" shall be omitted, and subsection (7) shall foe omitted.

(7)In section thirty-two for the words " the Air Force Act " in the first and third places where they occur there shall foe substituted the words " air-force law " , and for the words " court of inquiry under section seventy-two " there shall be substituted the words " board of inquiry under section one hundred and thirty-five ".

(8)In section thirty-four, in subsection (1) for the words " section one hundred and sixty-three" there shall be substituted the words " section one hundred and ninety-eight ", and at the end of the subsection there shall be inserted the words " and subsection (3) of section one hundred and eighty-nine of that Act (which relates to evidence in cases of desertion and absence without leave) shall apply to proceedings under this Act for offences contrary to subsection (1) of section twenty-seven of this Act " ; in subsection (2) for the words " section one hundred and sixty-four" there shall be substituted the words " section one hundred and ninety-nine ", and in subsection (3) for the words " the Air Force Act" there shall be substituted the words " the Air Force Act, 1955, and air-force law ".

(9)In section thirty-seven for the words " section one hundred and forty-three" there shall be substituted the words " section one hundred and eighty-four ".

(10)At the end of section forty-eight there shall be added the following subsection:—

(2)All fines imposed in proceedings taken before a magistrate's court in Northern Ireland shall, notwithstanding anything in paragraph (ii) of subsection (5) of section twenty of the Administration of Justice Act (Northern Ireland), 1954, be dealt with in the manner provided by that section.

(11)For the Second Schedule there shall be substituted the following Schedule:—

SECOND SCHEDULEApplication of Provisions of Army Act, 1955, and of Air Force Act, 1955, relating to Enlistment

1The provisions of the Army Act, 1955, and of the Air Force Act, 1955 referred to in subsection (2) of section twelve of this Act are the following, that is to say—

  • section two and the First Schedule (which relate to the mode of enlistment and attestation),

  • section eighteen (which relates to the validity of attestation and enlistment),

  • section nineteen (which makes recruits punishable for false answers), and

  • so much of section one hundred and ninety-eight as relates to the attestation paper or a document purporting to be la copy thereof being evidence.

2The modifications of the Army Act, 1955, referred to in subsection (2) of section twelve of this Act are the following, that is to say—

  • for references to the regular forces there shall be substituted (references to the Territorial Army,

  • for references to a soldier there shall be substituted references to a man of the Territorial Army,

and the references in section eighteen to the receipt of pay shall be omitted.

3The modifications of the Air Force Act, 1955, referred to in subsection (2) of section twelve of this Act are the following, that is to say—

  • for references to the regular air force there shall be substituted references to the Royal Auxiliary Air Force,

  • for references to an airman there shall be substituted references to a man of the Royal Auxiliary Air Force.

and the references in section eighteen to the receipt of pay shall be omitted.