Naval Discipline Act 1957 (repealed)

Section 113.

SECOND SCHEDULEF8 U.K. Application of Act to attached Military and Air Forces

Textual Amendments applied to the whole legislation

F8 Act repealed (prosp.)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

1, 2 U.K. . . . F1

Textual Amendments

F1 Sch. 2 paras. 1, 2 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

[F2 3 U.K. The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act:—

“(h) reduction to the ranks or any less reduction in rank.”]

Textual Amendments

F2 Para. 3, substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 2(7)

4 U.K. . . . F3

Textual Amendments

F3 Sch. 2 para. 4 repealed by Armed Forces Act 1966 (c. 45), Sch. 5

[F4 5 U.K. For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply.]

Textual Amendments

F4 Para. 5 substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 2(7)

6 U.K. Notwithstanding anything in section two hundred and one of the M1 Army Act 1955, or the M2 Air Force Act 1955, a sentence of reduction to the ranks or any less reduction in rank may be awarded in the case of an offender tried under [F5 section 52D]of this Act.

Textual Amendments

F5 Words in Sch. 2 para. 6 substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 96(a); S.I. 1997/304, art. 2 (with art. 3)

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

7 U.K. In subsection (1) of [section 52G], the reference to an officer of Her Majesty’s naval forces below the rank of commander shall be construed as a reference to an officer of the regular forces or the regular air force of corresponding rank; and in relation to the trial of such an officer [F6 subsection (5)]of that section shall have effect as if the reference to officers of Her Majesty’s naval forces included a reference to officers of the regular forces or of the regular air force, as the case may be.

Textual Amendments

F6 Words in Sch. 2 para. 7 substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 96(b); S.I. 1997/304, art. 2 (with art. 3)

8 U.K. In relation to the trial of a member of the regular forces or of the regular air force, section fifty-four shall have effect:—

(a) as if the officers described in subsection (1) included officers of those forces or of that force, as the case may be;

(b) as if any other reference in that section to a specified naval rank included a reference to the corresponding military or air-force rank.

9 U.K. In subsection (2) of section fifty-two of this Act, for the words “after he ceased to be subject thereto” there shall be substituted the words “next after the earliest date on which he is no longer subject to service law”.

10 U.K. Any reference in this Act to the uniform of any of Her Majesty’s naval forces, or to illegal absence from any of those forces, shall be construed as a reference to the uniform of, or to illegal absence from, any of the regular forces, or the regular air force, as the case may be.

11 U.K. . . . F7

Textual Amendments

F7 Sch. 2 para. 11 repealed by S.I. 1964/488, Sch. 1 Pt. I