Air Force Constitution Act 1917

Section 7.

FIRST SCHEDULE

PART I Amendments of the Naval Discipline Act

TABLE.

Section of Act.	Amendments.
21	For "military or naval forces" there shall be substituted "naval, military, or air forces.
	" For " military forces " there shall be substituted "military or air forces.
	After " Secretary of War "there shall be inserted "or the Air Council, as the case may be.
	" After "regiment " there shall be inserted "or unit."
29	After "His Majesty's .service" there shall be inserted "or lose or suffer to be lost any aircraft of His Majesty or in His Majesty's service."
53 (6)	After "naval" there shall be inserted "air force."
66	After " military " there shall be inserted "or belonging to the air force," and for " belong to His Majesty's Navy" there shall be substituted "who is subject to this Act."
87	After "hereby" there shall be inserted "or by any other Act."
88	For "land forces " there shall be substituted "land and air forces."
90a	After subsection (1) the following subsection shall be inserted :— “(1A) Where an officer, or non-commissioned officer not below the rank of sergeant, is a member of a body of His Majesty's Air Force acting with any body of His Majesty's naval forces under such conditions as may be prescribed by regulations made by the Admiralty and Air Council, and such officer or non-commissioned officer is not borne on the books of any of His Majesty's ships in commission, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, he shall, in relation to such body of His Majesty's naval forces as aforesaid, be treated, and may exercise all such powers (other than powers of punishment), as if he were a naval officer, or petty officer, as the case may be.”
	In subsection (2) for " so prescribed as aforesaid " there shall be substituted "prescribed by regulations made by the Admiralty and Army Council."
	After subsection (2) the following subsection shall be inserted :— “(2A) Where any naval officer or seaman is a member of a body of His Majesty's naval forces acting with any body of His Majesty's air force under such conditions as may be prescribed by regulations made by the Admiralty and Air Council, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, the officers, and non-commissioned officers not below the rank of sergeant, of such body of the air force shall, in relation to him,' be treated, and may exercise all such powers (other than powers of punishment), as if they were naval officers and petty officers.”
	" In subsection (3) "and air-force" shall be inserted after "naval and military."

PART II Amendments of the Army Act

TABLE.

Section of Act.	Amendments.
6 (1) (d)	" Soldier when acting as " shall be omitted.
7	For " any forces belonging to His Majesty's regular, reserve, or auxiliary forces or navy" and for " His Majesty's regular, reserve, or auxiliary forces or navy " (wherever those words occur) there shall be substituted "any of His Majesty's military, naval, or air forces."
13(1) (b)	After " reserve forces " there shall be inserted "or in the air force."
24 (3)	For " military decoration " there shall be substituted "military or air-force decoration."
27(3)	" Navy or air force" shall be substituted for "navy"
31	In subsections (1), (7), and (8) "aircraft" shall be omitted wherever it occurs, and in subsections (4) and (5) for "vessel or aircraft" "there shall be substituted or vessel."
32	" Military or air" shall be inserted after "His Majesty's" wherever those words occur.
115	In subsection (1) "and also of aircraft of every description" shall be omitted; in subsections (3), (6), (7), and (9). "aircraft" shall be omitted wherever it occurs ; and in subsection (6) for "vessels and" there shall be substituted "and vessels."
116	" Aircraft " shall be omitted.
119	For "vessel or aircraft" there shall be substituted "or vessel."
121	" Aircraft." shall be omitted wherever it occurs.
142	After " naval" there shall be inserted "air force."
152	After " naval" there shall be inserted "air force."
156 (1)	For " military decorations " there shall be substituted "military or air-force decorations."
163(1) (b)	After "Admiralty" "or of the Air Council" shall be inserted.
175	After subsection (1) the following subsection shall be inserted :— “(1A) Any officer of His Majesty's Air Force who is attached to, or seconded for service with, the regular forces, subject, however, to the modifications contained in this Act.”
176	After subsection (1) the following subsection shall be inserted :— “(1A) All airmen of the Air Force who are attached to the regular forces, subject, however, to the modifications contained in this Act.”
179	After the section the following section shall be inserted:— “179A Where an officer or airman of the air force is attached to, or seconded for service with, the regular forces, this Act shall apply to him, subject to the following modifications :— (a) a general court-martial for the trial of. any such officer or airman shall not be convened except by His Majesty or by an officer authorised to convene general courts-martial under the Air Force Act (who shall have power to convene such a court-martial for the purpose of this section), except that when such officer or airman while subject to this Act is serving beyond the seas with a body of the regular forces, and in the opinion of the general or other officer commanding that body (such opinion to be stated in the order convening the court and to be conclusive) there is not present any officer authorised under the Air Force Act to convene a general court-martial, a general court-martial convened by such general or other officer, if authorised to convene general courts-martial under this Act, may try such officer or airman ; (b) a district court-martial for the trial of any such airman may be convened by any officer having authority to convene a district court-martial for the trial of a soldier of the regular forces; , (c) Without prejudice to any power of confirmation the findings and sentences of any general court-martial on any such officer or airman may be confirmed by His Majesty or by an officer authorised under this section to convene the same. (d) Anything required or authorised by this Act to be done by, to, or before the Army Council or Judge Advocate-General may as regards any such officer or- airman be done by, to, or before the Air Council; and the provisions of this Act shall be construed, so far as respects any such officer or airman, as if " the Air Council" were substituted for "the Army Council" and " Judge Advocate-General " wherever those words occur; (e) Anything required or authorised by this Act to be done by, to, or before the Commander-in-Chief of the forces in India, or the general or other officer commanding the forces in any colony or elsewhere, may as regards any such officer or airman be done by, to, or before such officer as the Air Council may appoint in that behalf, and, if no such appointment is made, by such Commander-in-Chief or general or other officer; (f) (f) if any such officer or airman commits an offence for which he is not amenable under this Act, but for which he can be punished under the Air Force Act, he may be tried and punished for such offence under that Act.”
184a	The following subsection shall be inserted after subsection (1): — “(1A) Where an officer or non-commissioned officer of . the Air Force is a member of a body of His Majesty's Air Force acting with any body of His Majesty's military forces under such conditions as may be prescribed by regulations made by the Army Council and the Air Council, then, for the purposes of command and discipline, and for the purposes of the provisions of this Act relating to superior officers, he shall, in relation to such body of His Majesty's military forces as aforesaid, be treated, and have all such powers (other than powers of punishment), as if he were a military officer or non-commissioned officer, as the case may be : Provided that under regulations made by the Army Council and Air Council the officers and airmen of a body of the Air Force acting with any body of His Majesty's military forces on active service, or any of such officers or airmen, may, in such manner and in such circumstances, and subject to such conditions as may be provided by or Under those regulations, be made subject to military law, and in such case they shall be subject thereto in like manner as if they were officers and airmen attached to the Army.”
	In subsection (2) for " so prescribed as aforesaid " there shall be substituted "prescribed by regulations made by the Army Council and 'the Admiralty."
	After subsection (2) the following subsection shall be inserted :— “(2A) Where any officer or soldier is a member of His Majesty's military forces acting with any body of His Majesty's Air Force under such conditions as may be prescribed by regulations made by the Army Council and Air Council, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, the officers and non-commissioned officers of such body of the Air Force shall, in relation to him, be treated, and have all such powers (other than powers of punishment), as if they were military officers or non-commissioned officers.”
	In subsection (3) "and air-force" shall be inserted after "naval and military."
190	In subsection (18) " military " shall be omitted.
	After subsection (40) the following subsection shall be inserted :— “(41) Airman ' has the same meaning as in the Air Force Act.”