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Naval Discipline Act 1957

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This is the original version (as it was originally enacted).

75Forfeiture of pay and effects of certain absentees

(1)If it appears to the Admiralty that any person subject to this Act is absent without leave and has been so absent for a period of not less than one month (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, the Admiralty 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 the Admiralty:

Provided that the Admiralty 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.

(3)The powers conferred by this section on the Admiralty may be exercised by the Commander-in-Chief or flag officer from whose command a person is absent as aforesaid, as well as by the Admiralty.

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