SCHEDULES
SECOND SCHEDULEAdaptation of Enactments
The Regimental Debts Act, 1893
56 and 57 Vict. c. 5
3
In section twenty-nine after the definition of " prescribed " there shall be inserted—
the expression ' desert ' means commit an offence against paragraph (a) of subsection (2) of section thirty-seven of the Army Act, 1955
and for the words " the Army Act " there shall be substituted the words " the Army Act, 1955 ."
The Uniforms Act, 1894
57 & 58 Vict. c. 45
4
In section four the words " within the meaning of the Army Act " shall be omitted.
The Criminal Evidence Act, 1898
61 & 62 Vict. c. 36
5
In section six, in subsection (1) after the words " criminal proceedings " there shall be inserted the words " including proceedings in courts-martial " , and subsection (2) shall be omitted.
The Ferries (Acquisition by Local Authorities) Act, 1919
9 & 10 Geo. 5. c. 75
8
In section four the words " and save as provided by the Army Act " shall be omitted.
The Visiting Forces (British Commonwealth) Act, 1933
23 & 24 Geo. 5, c. 6
9
1
The power conferred by subsection (2) of section four to place members of Her Majesty's military or air forces raised in the United Kingdom at the disposal of the service authorities of another part of the Commonwealth shall not be exercisable in relation to any person without his consent; and the limitation hereinbefore contained shall have effect in substitution for so much of paragraph (ii) of the said subsection (2) as provides that the said power shall be exercisable in relation to those forces subject to anything to the contrary in the conditions applicable to a person's service.
2
In subsection (3) of section four the words " as an officer or soldier " shall be omitted, for the words from " the Air Force Act " to " airman " there shall be substituted the words " air-force law ", and for the words " the Army Act or the Air Force Act" there shall be substituted the words " the Army Act, 1955, or the Air Force Act, 1955 ".
The National Service Act, 1948
11 & 12 Geo. 6. c. 64
10
In the Second Schedule, in paragraph (a) of the proviso to paragraph 1 for the words " the Air Force Act " there shall be substituted the words " air-force law. "
The Recall of Army and Air Force Pensioners Act, 1948
12, 13 & 14 Geo. 6. c. 8
11
In section two, in subsection (2) for the words from " beginning with " to the end of the section there shall be substituted—
hereinafter mentioned:
Provided that any such person shall, if on his recall he so requires, be so enlisted for the said period in accordance with section two of the Army Act, 1955, or of the Air Force Act, 1955, as the case may require, and thereupon he shall not be deemed to have been enlisted toy virtue of the foregoing provisions of this subsection.
3
The period hereinbefore referred to is the period beginning with the time as from which a person is recalled for service under this Act and ending with such date as Her Majesty may by Order in Council declare to be the end of the emergency which was the occasion of the calling-out on permanent service of men of the reserve in question ; and nothing in the provisions of the Army Act, 1955, or the Air Force Act, 1955, as to the term for which a person may be enlisted shall prejudice the operation of the foregoing provisions of this section
The Auxiliary and Reserve Forces Act, 1949
12, 13 & 14 Geo. 6. c 96
12
In section nine, in paragraph (b) of subsection (5) the words from " in accordance with " to " Royal Marines Act, 1948 " shall be omitted.
The Army Reserve Act, 1950
14 Geo. 6. c. 32.
13
1
For the words " the Army Act" wherever those words occur there shall be substituted the words " the Army Act, 1955 " :
Provided that references to transfer to the reserve in pursuance of the Army Act shall be construed as references to transfer to the reserve in pursuance either of the Army Act or of the Army Act, 1955.
2
In section three the following subsections shall be substituted for subsections (2) and (3):—
2
Subject to the provisions of this Act and save as is otherwise prescribed, a man enlisting in the army reserve shall be attested in the same manner as a recruit in the regular forces, and the following provisions of the Army Act, 1955, that is to say.—
a
section two and the First Schedule (which relate to the mode of enlistment and attestation);
b
section eighteen (which relates to the validity of attestation and enlistment);
c
section nineteen (which makes recruits punishable for false answers); and
d
so much of section one hundred and ninety-eight as relates to the attestation paper or a document purporting to be a copy thereof being evidence,
shall apply in like manner as if they were re-enacted in this Act, with the substitution for the expression ' soldier' of the expression ' man ' and for the expression ' regular forces ' of the expression ' army reserve'.
3
A man enlisting in the army reserve may be attested by a regular officer, and the provisions of the Army Act, 1955, mentioned in the last foregoing subsection, together also with section sixty-one (which relates to false answers on enlistment), shall in their application to the army reserve be construed as if the expression 'recruiting officer' included any regular officer.
3
For section seven there shall be substituted the following section:—
7Appointment to corps of men called out on permanent service.
A man of the army reserve on being called out on permanent service may be appointed to any corps; and subsection (3) of section three of the Army Act, 1955, shall apply to such men so called out as it applies to soldiers of the regular forces.
4
In section eight, in subsection (3) the words from " and any " to the beginning of the proviso shall be omitted, and at the end of the section there shall be added the following subsection:—
4
Sections nine and thirteen of the Army Act, 1955, so far as they relate to discharge, shall apply to men of the army reserve called out on permanent service as they apply to soldiers of the regular forces, and nothing in the last foregoing subsection shall prejudice the operation of the said sections nine and thirteen as applied by this subsection.
5
In subsection (1) of section twelve for the words from " a soldier" to " however" there shall be substituted the words " in pursuance of the proviso to subsection (2) of section twelve of the Army Act, 1955, a soldier of the regular forces is transferred to the reserve outside the United Kingdom he shall serve therein subject ".
6
After section twelve there shall be inserted the following section:—
12ADischarge of persons of unsound mind.
Section sixteen of the Army Act, 1955 shall apply to men of the army reserve while subject to military law as it applies to soldiers of the regular forces
7
In section fourteen for the words " section twelve" and " section fifteen" wherever they occur there shall be substituted respectively the words " section thirty-seven " and " section thirty-eight "; and in subsection (5) of that section for the words " Section one hundred and fifty-four " there shall be substituted the words " The provisions of sections one hundred and eighty-six to one hundred and ninety ", for the words " it applies " there shall be substituted the words " they apply ", and for the words " that section " there shall be substituted the words " those provisions ".
8
In section fifteen, in subsection (3) for the words " paragraph (3) of section one hundred and fifty-three of the Army Act" there shall be substituted the words " paragraph (c) of subsection (1) of section one hundred and ninety-two of the Army Act, 1955 ".
9
In section eighteen, for subsections (2) and (3) there shall be substituted the following subsections:—
2
Sections two hundred and twenty and two hundred and twenty-one of the Army Act, 1955 (which relate to the jurisdiction of courts and the disposal of summary fines) shall apply for the purposes of offences under this Act.
3
Notwithstanding anything contained in any other Act, the minimum fixed by this Act for the amount of any fine or the term of any imprisonment shall be duly observed by courts of summary jurisdiction and shall not be reduced by way of mitigation or otherwise ; but where the said minimum exceeds the maximum which such a court has power to inflict (whether by reason of its constitution or by reason of the place where it is sitting) the said maximum shall 'be deemed, in proceedings before that court, to be substituted for the minimum fixed by this Act
and in subsection (4) the words from " or an offence " to " personation " shall be omitted.
10
In section twenty in subsection (1) 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 ; and for the words " that section " there shall be substituted the words " section one hundred and thirty-six of that Act ".
11
In section twenty-one in subsection (1) for the words "one hundred and sixty-three " there shall be substituted the words " 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) or (2) of section fourteen of this Act ", and in subsection (2) for the words "one hundred and sixty-four" there shall be substituted the words " one hundred and ninety-nine ".
12
In section twenty-two in subsection (1) for the words " one hundred and forty-three " there shall be substituted the words " one hundred and eighty-four ".
13
In section twenty-eight for the words " Part II of the Army Act" there shall be substituted the words " Part I of the Army Act, 1955 " , and after the definition of " prescribed " there shall be inserted—
' soldier ' includes a warrant officer and a non-commissioned officer
and subsection (3) shall be omitted.
The Air Force Reserve Act, 1950
14 Geo. 6. c. 33
14
1
For the words "the Air Force Act" wherever those words occur, except in the phrase " subject to the Air Force Act", there shall be substituted the words " the Air Force Act, 1955, " :
Provided that references to transfer to the reserve in pursuance of the Air Force Act shall toe construed as references to transfer to the reserve in pursuance either of the Air Force Act or of the Air Force Act, 1955.
2
In section three the following subsections shall be substituted for subsections (2) and (3):—
2
Subject to the provisions of this Act and save as is otherwise prescribed, a man enlisting in the air force reserve shall be attested in the same manner as a recruit in the regular air force, and the following provisions of the Air Force Act, 1955, that is to say.—
a
section two and the First Schedule (which relate to the mode of enlistment and attestation) ;
b
section eighteen (which relates to the validity of attestation and enlistment);
c
section nineteen (which makes recruits punishable for false answers); and
d
so much of section one hundred and ninety-eight as relates to the attestation paper or a document purporting to toe a copy thereof being evidence,
shall apply in like manner as if they were re-enacted in this Act, with the substitution for the expression ' airman' of the expression ' man' and for the expression ' regular air force' of the expression ' air force reserve'.
3
A man enlisting in the air force reserve may be attested by a regular officer and the provisions of the Air Force Act, 1955, mentioned in the last foregoing subsection, together also with section sixty-one (which relates to false answers on enlistment), shall in their application to the air force reserve be construed as if the expression ' recruiting officer' included any regular officer.
3
Section seven shall be omitted.
4
In section eight, in subsection (3) the words from " and any " to the beginning of the proviso shall be omitted, and at the end of the section there shall be added the following subsection:—
4
Sections nine and thirteen of the Air Force Act, 1955, so far as they relate to discharge, shall apply to men of the air force reserve called out on permanent service as they apply to airmen of the regular air force, and nothing in the last foregoing subsection shall prejudice the operation of the said sections nine and thirteen as applied by this subsection.
5
In subsection (1) of section twelve for the words from " an airman " to " however" there shall be substituted the words " in pursuance of the proviso to subsection (2) of section twelve of the Air Force Act, 1955, an airman of the regular air force is transferred to the reserve outside the United Kingdom he shall serve therein subject ".
6
After section twelve there shall be inserted the following section:—
12ADischarge of persons of unsound mind.
Section sixteen of the Air Force Act, 1955, shall apply to men of the air force reserve while subject to air-force law as it applies to airmen of the regular air force.
7
In section fourteen for the words " section twelve " and " section fifteen " wherever they occur there shall be substituted respectively the words " section thirty-seven " and " section thirty-eight" ; in subsection (3) for the words " subject thereto " there shall be substituted the words " subject to air-force law " ; and in subsection (5) for the words " Section one hundred and fifty-four " there shall be substituted the words " The provisions of sections one hundred and eighty-six to one hundred and ninety ", for the words " it applies ' there shall be substituted the words " they apply ", and for the words " that section" there shall be substituted the words " those provisions ".
8
In section fifteen, in subsection (3) for the words "paragraph (3) of section one hundred and fifty-three of the Air Force Act" there shall be substituted the words " paragraph (c) of subsection (1) of section one hundred and ninety-two of the Air Force Act, 1955, ".
9
In section seventeen, in paragraph (c) of subsection (1) and in subsection (2) for the words " subject to the Air Force Act" there shall be substituted the words " subject to air-force law ".
10
In section eighteen, for subsections (2) and (3) there shall be substituted the following subsections:—
2
Sections two hundred and eighteen and two hundred and nineteen of the Air Force Act, 1955 (which relate to the jurisdiction of courts and the disposal of summary fines) shall apply for the purposes of offences under this Act.
3
Notwithstanding anything contained in any other Act, the minimum fixed by this Act for the amount of any fine or the term of any imprisonment shall be duly observed by courts of summary jurisdiction and shall not be reduced by way of mitigation or otherwise; but where the said minimum exceeds the maximum which such a court has power to inflict (whether by reason of its constitution or by reason of the place where it is sitting) the said maximum shall be deemed, in proceedings before that court, to be substituted for the minimum fixed by this Act
and in subsection (4) the words from " or an offence" to " personation " shall be omitted.
11
In section twenty, in subsection (1), for the words " subject to the Air Force Act" in each place where they occur there shall be substituted the words " subject to air-force law ", 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 " , and for the words " that section " there shall be substituted the words " section one hundred and thirty-six of that Act ".
12
In section twenty-one, in subsection (1) for the words " one hundred and sixty-three " there shall be substituted the words " 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) or (2) of section fourteen of this Act ", and in subsection (2) for the words " one hundred and sixty-four " there shall be substituted the words " one hundred and ninety-nine " and for the words " subject to that Act" and the words " subject to the said Act" there shall be substituted the words " subject to air-force law ".
13
In section twenty-two, in subsection (1) for the words " one hundred and forty-three " there shall be substituted the words " one hundred and eighty-four ".
14
In section twenty-seven for the words "Part II of the Air Force Act" there shall be substituted the words " Part I of the Air Force Act, 1955 " , and after the definition of "prescribed" there shall be inserted—
' airman ' includes a warrant officer and a non-commissioned officer
and subsection (4) shall be omitted.
The Courts-Martial (Appeals) Act, 1951
14 & 15, Geo. 6. c. 46
15
1
In section three, for paragraph (b) of subsection (3) there shall be substituted:—
b
in the case of a conviction by an army court-martial, the Army Council; and
c
in the case of a conviction by an air force court-martial, the Air Council
and the proviso to that subsection shall be omitted.
2
In section six, in subsection (4) for the words " section one hundred and thirty of the Army Act or section one hundred and thirty of the Air Force Act " there shall be substituted the words " section one hundred and sixteen of the Army Act, 1955, or section one hundred and sixteen of the Air Force Act, 1955, " and for the words " on a special finding " there shall foe substituted the words " on a finding " ; and in subsection (5) for the words " the Army Act or the Air Force Act" there shall be substituted the words " the Army Act, 1955, or the Air Force Act, 1955 ".
3
Section fifteen shall be omitted.
4
In section seventeen, for paragraphs (a) to (c) there shall be substituted the following paragraphs—
a
section eighty-one of the Naval Discipline Act;
b
section one hundred and twenty-one or one hundred and twenty-two of the Army Act, 1955;
c
section one hundred and twenty-one or one hundred and twenty-two of the Air Force Act, 1955.
5
In section twenty-four, for the words " the Army Act" and " the Air Force Act" wherever they occur there shall be substituted respectively the words " the Army Act, 1955 " and " the Air Force Act, 1955 ", in subsection (2) after the word " expression " there shall be inserted the word " on ", for the words " section one hundred and ninety " there shall be substituted, where they first occur, the words " section two hundred and twenty-four " and, where they last occur, the words " section two hundred and twenty-two ", and subsection (3) shall be omitted.
6
Notwithstanding anything in sub-paragraph (1) of this paragraph, a petition presented to the Secretary of State shall be treated for the purposes of section three as duly presented if the finding of the court-martial was promulgated before the appointed day ; and nothing in the last foregoing sub-paragraph shall affect the application of the Act to courts-martial held before that day.
The Defamation Act, 1952
15 & 16 Geo. 6. & 1 Eliz. 2. c. 66
16
In the Schedule, in paragraph 4, for the words " the Army Act or the Air Force Act" there shall be substituted the words " the Army Act, 1955 or the Air Force Act, 1955 ".
The Visiting Forces Act, 1952
15 & 16 Geo. 6. & 1 Eliz. 2. c. 67
17
1
The following subsections shall be substituted for subsections (1) to (4) of section thirteen:—
1
Subject to the provisions of this section, sections one hundred and eighty-six to one hundred and eighty-eight and one hundred and ninety of the Army Act, 1955 (which relate to the apprehension, custody and delivery into military custody of deserters and absentees without leave from the regular forces) shall within the United Kingdom apply in relation to deserters and absentees without leave from the forces of any country to which this section applies as they apply in relation to deserters and absentees without leave from the regular forces.
2
The powers conferred by the said sections one hundred and eighty-six and one hundred and eighty-eight, as applied by the last foregoing subsection, shall not be exercised in relation to a person except in compliance with a request (whether specific or general) of the appropriate authority of the country to which he belongs.
3
In sections one hundred and eighty-seven, one hundred and eighty-eight and one hundred and ninety of the Army Act, 1955, as applied by subsection (1) of this section, references to the delivery of a person into military custody shall be construed as references to the handing over of that person to such authority Of the country to which he belongs, at such place in the United Kingdom, as may be designated by the appropriate authority of that country
2
In section fourteen for the words " Army Act" there shall be substituted the words " Army Act, 1955 ".
The Auxiliary Forces Act, 1953
1 & 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
1
The 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.
2
The 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.
3
The 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.