Army and Air Force Act 1961 (repealed)

Amendments as to Discipline, &c., applicable alike to Army Act,1955, and Air Force Act,1955 U.K.

18—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 18–20 repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. I

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 S. 21 repealed by Theft Act 1968 (c. 60), s. 33(2), Sch. 2 Pt. II

22 Powers of commanding as ot the reduction in acting rank. U.K.

Subsection (4) of section seventy-eight of the Army Act, 1955, and subsection (4) of section seventy-eight of the Air Force Act, 1955 (power of commanding officer, where he finds acting warrant officer or non-commissioned officer guilty of an offence and awards no other punishment or no other punishment except stoppages, to order the accused to revert to his permanent rank), shall each be amended by the addition, at the end thereof, of the words “or to assume an acting rank lower than that held by him but higher than his permanent rank”.

Modifications etc. (not altering text)

C1 The text of ss. 22, 25, 26(1)(2), 27, 29(1)(2)(a), 35, 37(2)(3), Sch. 1 para. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not except as specified reflect any amendments or repeals which may have been made prior to 1.2.1991.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 23 repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 24 repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28, Sch. 5 Pt. II

25 Power of authority reviewing summary findings and awards. U.K.

In subsection (3)of section one hundred and fifteen of the Army Act, 1955, and in subsection (3) of section one hundred and fifteen of the Air Force Act, 1955 (which subsections enable an authority reviewing a finding on a charge that has been dealt with summarily to quash the finding, and require an award to be quashed where a finding is quashed) the words “and if the finding is quashed the authority shall also quash the award” shall cease to have effect; and after each of the said subsections there shall be inserted the following subsection:—

“(3) If a finding in any proceedings is quashed under the last foregoing subsection and the award made in those proceedings relates only to the findings quashed, the authority shall also quash the award; and if the award relates also to any other findings and it appears to the authority that the award was not warranted by this Act in respect of that other finding, the authority may vary the the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the authority more severe than the punishment or punishments included in the original award”.

Modifications etc. (not altering text)

C2 The text of ss. 22, 25, 26(1)(2), 27, 29(1)(2)(a), 35, 37(2)(3), Sch. 1 para. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not except as specified reflect any amendments or repeals which may have been made prior to 1.2.1991.

26 Amendments as to persons qualified to hold inquiries. U.K.

(1) For subsection (2) of section one hundred and thirty five of the Army Act, 1955 (composition of boards of inquiry) there shall be substituted the following subsection:—

“(2) A board of inquiry shall consist of a president, who shall be an officer not below the rank of captain or corresponding rank and be subject to military law, the Naval Discipline Act, 1957, or air-force law, and not less than two other members each of whom shall either be a person so subject or be aperson not so subject who is in the service of the Crown”,

and for subsection (2) of section one hundred and thirty-five of the Air Force Act, 1955 (which is the corresponding section of that Act) there shall be substituted the following subsection:—

“(2) A board of inquiry shall consist of a president, who shall be an officer not below the rank of flight-lieutenant or corresponding rank and be subject to air-force law, the Naval Discipline Act, 1957, or military law, and not less than two other members each of whom shall either be a person so subject or be a person not so subject who is in the service of the Crown”.

(2) In subsection (1) of section one hundred and thirty-seven of the Army Act, 1955 (holding of regimental inquiries by persons subject to military law, the Naval Discipline Act, 1957, or air-force law) for the words “by such person or persons subject to military law, the Naval Discipline Act or air-force law as may be specified by or determined under such regulations”, there shall be substituted the words “by such person or persons as may be specified by or determined under such regulations (being, as the case may be, a person who is subject to military law, the Naval Discipline Act, 1957, or air-force law or, not being so subject, is in the service of the Crown, or persons each of whom is so subject or, not being so subject, is in tha service)”, and in subsection (1) of section one hundred and thirty-seven of the Air Force Act, 1955 (which is the corresponding section of that Act) for the words “by such person or persons subject to air-force law, the Naval Discipline Act or military law as may be specified by or determined under such regulations” there shall be substituted the words “by such person or persons as may be specified by or determined under such regulations (being, as the case may be, a person who is subject to air-force law, the Naval Discipline Act, 1957, or military law or, not being so subject, is in the service of the Crown, or persons each of whom is so subject or, not being so subject, is in that service)”.

(2)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 S. 26(3) repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28, Sch. 5 Pt. II

Modifications etc. (not altering text)

C3 The text of ss. 22, 25, 26(1)(2), 27, 29(1)(2)(a), 35, 37(2)(3), Sch. 1 para. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not except as specified reflect any amendments or repeals which may have been made prior to 1.2.1991.