Naval Discipline Act 1957 (repealed)

82 Naval Detention Quarters Rules. F5 U.K.

(1) [F1 The Defence Council] may set apart any premises or vessels under the control of [F1 the Secretary of State], or any parts of such premises or vessels, as naval detention quarters, and [F2 the Secretary of State] may make rules (in this Part of this Act referred to as Naval Detention Quarters Rules) with respect to all or any of the following matters, that is to say—

(a) the provision, classification, regulation and management of naval detention quarters;

(b) the classification, regulation, employment, discipline and control of persons serving sentences of imprisonment or detention passed under this Act in naval detention quarters or otherwise in naval custody;

(c) the removal of such persons from such quarters or custody as aforesaid, either temporarily or by way of transfer to another establishment or form of custody, and their release on the expiration or determination of their term of imprisonment or detention;

(d) the temporary release of such persons on compassionate grounds, the cases in which, periods for which and conditions subject to which they may be allowed out of such quarters or custody as aforesaid, and the remission of part of their sentences F3 . . .;

(e) the appointment, powers and duties of inspectors and visitors and of officers and other members of the staff, of naval detention quarters;

and such rules may apply the provisions of [F4 the Coroners Acts 1887 to 1926][F4 the Coroners Act 1988], to naval detention quarters as those provisions apply in relation to prisons.

(2) Naval Detention Quarters Rules shall not authorise the infliction of corporal punishment.

(3) Naval Detention Quarters Rules may apply with the necessary modifications all or any of the provisions of sections thirty-nine to forty-two of the M1 Prison Act 1952 (which relate to offences by persons other than prisoners).

(4) Naval Detention Quarters Rules may, to such extent as may be provided by the Rules, be made so as to apply to persons detained in naval detention quarters while serving sentences of imprisonment or detention awarded under the M2 Army Act 1955, or the M3 Air Force Act 1955, notwithstanding that such persons are not for time being subject to this Act.

(5) Naval Detention Quarters Rules may contain such incidental and supplementary provisions as are necessary for the purposes of the Rules.

(6) [F1 The Secretary of State] may, in respect of any foreign station on which persons subject to this Act are on active service, delegate the power to make Naval Detention Quarters Rules to the Commander-f in-Chief or flag officer commanding the station, subject to such restrictions, reservations, exceptions and conditions as [F1 the Secretary of State] may think fit.

(7) Naval Detention Quarters Rules made by [F1 the Secretary of State] under this section shall be made by statutory instrument; and any statutory instrument containing such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F2 Words inserted by S.I. 1964/488, Sch. 1 Pt. I

F3 Words in s. 82(1)(d) repealed (1.10.1996) by 1996 c. 46, s. 35(1)(2), Sch. 6 para. 6, Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

F4 “the Coroners Act 1988” substituted (E.W.) for “the Coroners Acts 1887 to 1926” by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 12

Modifications etc. (not altering text)

C1 S. 82 amended by Courts-Martial (Appeals) Act 1968 (c. 20), s. 52

C2 S. 82(3) amended (E.W.) by Criminal Justice Act 1961 (c. 39), s. 22(3)

Marginal Citations

M1 1952 c. 52.

M2 1955 c. 18.

M3 1955 c. 19.

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