Naval Discipline Act 1957 (repealed)

Offences relating to propertyF5 U.K.

Textual Amendments applied to the whole legislation

F5 Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions

[F1 29 Damage to, and loss of, public or service property etc. U.K.

(1) Any person subject to this Act who—

(a) wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any public or service property, or any property belonging to another person so subject, or

(b) by wilful neglect causes or allows damage to, or the loss of, any public or service property or property so belonging,

shall be liable to imprisonment or any less punishment authorised by this Act.

(2) Any person subject to this Act who—

(a) by any negligent act or omission causes or allows damage to, or the loss of, any public or service property, or

(b) is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any such property,

shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.]

Textual Amendments

F1 Ss. 29, 29A, 30 substituted for ss. 29, 30 by Armed Forces Act 1971 (c. 33), ss. 17(1)(3), 78(4)

29A Damage to, and loss of, Her Majesty’s aircraft or aircraft material. U.K.

(1) Without prejudice to the generality of section 29 above, a person subject to this Act shall be guilty of an offence against this section if he—

(a) wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of Her Majesty’s aircraft or aircraft material, or

(b) by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraft material, or

(c) without lawful authority disposes of any of Her Majesty’s aircraft or aircraft material, or

(d) by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraft material, or

(e) is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any of Her Majesty’s aircraft or aircraft material, or

(f) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration by or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty’s aircraft.

(2) A person guilty of an offence against this section shall be liable—

(a) if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection (1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it is proved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment authorised by this Act;

(b) in any other case, to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

[F2 29B Interference etc. with equipment, messages or signals. U.K.

(1) Any person subject to this Act who by any conduct of his—

(a) intentionally impairs the efficiency or effectiveness of any equipment which is public or service property; or

(b) intentionally interferes with or modifies any message or other signal which is being transmitted, by means of [F3 an electronic communications network] , directly or indirectly to or from any such equipment,

shall be liable to imprisonment or any less punishment authorised by this Act.

(2) Any person subject to this Act who is guilty of any conduct which is likely to have the effect—

(a) of impairing the efficiency or effectiveness of any such equipment; or

(b) of interfering with or modifying any such message or signal,

shall (whether or not that conduct has that effect) be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

(3) It shall be a defence for a person charged with an offence under subsection (2) of this section in respect of any conduct likely to have a particular effect that, in the circumstances, his conduct was in all respects consistent with the exercise of reasonable care to avoid producing that effect.

(4) For the purposes of this section the efficiency or effectiveness of any equipment is impaired if, whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effective either for all purposes or for a particular purpose for which it has been designed, adapted, adjusted or programmed.

(5) in this section—

• “conduct” includes any act or omission;

• “equipment” includes any apparatus, any computer and any vessel, aircraft or vehicle; [F4 and]

• [F4 “telecommunication system ”has the same meaning as in the Telecommunications Act 1984.]]

Textual Amendments

F2 S. 29B inserted by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 2(1)(2)

F3 Words in s. 29B(1)(b) substituted (25.7.2003 for specified purposes and 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 17 para. 26 (with transitional provisions in Sch. 18); S.I. 2003/1900, art. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6 (as amended by S.I. 2003/3142, art. 1(3)) and S.I. 2003/3142, art. 3(2) (with art. 11)

F4 S. 29B(5): definition of "telecommunication system" and preceding word repealed (25.7.2003 for specified purposes and 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406, 411(2), Sch. 19 (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6 (as amended by S.I. 2003/3142, art. 1(3)) and S.I. 2003/3142, art. 3(2) (with art. 11)

30 Misapplication and waste of public or service property. U.K.

Any person subject to this Act who misapplies or wastefully expends any public or service property shall be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Modifications etc. (not altering text)

C1 S. 30 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(b)

31 Offences relating to issues and decorations. U.K.

(1) Every person subject to this Act who makes away with (whether by pawning, selling, destroying or in any other way), or loses or by negligence damages or allows to be damaged—

(a) any clothing, arms, ammunition or other equipment issued to him for his use for naval purposes; or

(b) any naval, military or air force decoration granted to him,

shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

(2) It shall be a defence for a person charged under this section with losing any property that he took reasonable steps for its care and preservation.

Modifications etc. (not altering text)

C2 S. 31 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(b)