75 Forfeiture of pay and effects of certain absentees.F4U.K.
(1)If it appears to [F1the Defence Council] that any person subject to this Act is absent without leave . . . F2 (whether or not he appears to be guilty of desertion), then, without prejudice to any proceedings which may be taken against him in the event of his apprehension or return, [F1the Defence Council] may by an order containing a statement of his said absence impose on him any such forfeiture as could be imposed on conviction of an offence of desertion under Part I of this Act.
(2)An order under this section for the forfeiture of any property shall be sufficient authority for the sale of that property and for the disposal of the proceeds of sale in accordance with the directions of [F1the Defence Council]:
Provided that [F1the Defence Council] may, if they think fit on sufficient cause shown at any time after the making of the order—
(a)remit the forfeiture of any property which has not been sold thereunder; or
(b)pay or dispose of the proceeds of sale of any property sold thereunder to or for the use of the person to whom it belonged or his representatives.
[F3(3)The powers conferred by this section on the Defence Council may also be exercised in relation to any person by the Commander-in-Chief or flag officer from whose command that person is absent as aforesaid and by any other officer authorised in that behalf by the Defence Council.]
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2Words repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II
F3S. 75(3) substituted by Armed Forces Act 1971 (c. 33), s. 60
Textual Amendments applied to the whole legislation
F4Act repealed (prosp.)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