Where it appears to Her Majesty, as respects any country not mentioned in paragraph (a) of the foregoing subsection, that having regard to any arrangements for common defence to which Her Majesty's Government in the United Kingdom and the Government of that country are for the time being parties it is expedient that the following provisions of this Act, or any of those provisions, should have effect in relation to that country, Her Majesty may by Order in Council designate that country for the purposes of the provisions in question.

Her Majesty may by Order in Council provide that in so far as this Act has effect in relation to any country designated under the last foregoing subsection, it shall have effect, subject to such limitations, adaptations or modifications as may be specified in the Order.

No recommendation shall be made to Her Majesty in Council to make an Order under the last foregoing subsection unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament.

The service courts and service authorities of a country to which this section applies may within the United Kingdom, or on board any of Her Majesty's ships or aircraft, exercise over persons subject to their jurisdiction in accordance with this section all such powers as are exercisable by them according to the law of that country.

Where any sentence has, whether within or outside the United Kingdom, been passed by a service court of a country to which this section applies upon a person who immediately before the sentence was passed was subject to the jurisdiction of that court in accordance with this section, then for the purposes of any proceedings in a United Kingdom court the said service court shall be deemed to have been properly constituted, and the sentence shall be deemed to be within the jurisdiction of that court and in accordance with the law of that country, and if executed according to the tenor of the sentence shall be deemed to have been lawfully executed.

Notwithstanding anything in the foregoing provisions of this section, a sentence of death passed by a service court of a country to which this section applies shall not be carried out in the United Kingdom unless under United Kingdom law a sentence of death could have been passed in a similar case.

For the purpose of enabling the service courts and service authorities of a country to which this section applies to exercise more effectively the powers referred to in subsection (1) of this section, the Admiralty, the Army Council or the Air Council, if so requested by the appropriate authority of that country, may from time to time by general or special orders direct members of the home forces to arrest any -person, being a member of a visiting force of that country, who is alleged to be guilty of an offence punishable under the law of that country and to hand him over to such service authority of that country as may be designated by or under the orders.

In relation to the trial of a person who was a member of a civilian component of a visiting force at the time when the offence is alleged to have been committed, the last foregoing subsection shall not have effect unless it is shown that the case can be dealt with under the law of the sending country.

In relation to cases where the charge by whatever words expressed) is a. charge of attempting or conspiring to commit an offence, or of aiding, abetting, procuring or being accessory to, or of being art and part in, the commission of an offence, paragraphs (b) and (c) of subsection (1) of this section shall have effect as if references in those paragraphs to the alleged offence were references to the offence which the person charged is alleged to have attempted or conspired to commit or, as the case may be, the offence as respects which it is alleged that he aided, abetted, procured or was accessory to, or was art and part in, the commission thereof; and references in those paragraphs to persons in relation to whom, or property in relation to which, the offence is alleged to have been committed shall be construed accordingly.

Nothing in this section shall be construed as derogating from the provisions of any other enactment restricting the prosecution of any proceedings or requiring the consent of any authority to the prosecution thereof.

For the purposes of this section the expressions " offence against the person " and " offence against property " shall be construed in accordance with the provisions of the Schedule to this Act.

Without prejudice to the last foregoing section, where a person has been tried by a service court of a country to which this section applies in the exercise of the powers referred to in subsection (1) of section two of this Act, he shall not be tried for the same crime by a United Kingdom court.

Where a person who has been convicted by a service court of such a country in the exercise of the said powers is convicted by a United Kingdom court for a different crime, but it appears to that court that the conviction by the service court was wholly or partly in respect of acts or omissions in respect of which he is convicted by the United Kingdom court, that court shall have regard to the sentence of the service court.

Where a person has been taken into custody by a constable without a warrant for such an offence as aforesaid, and there is reasonable ground for Believing that in accordance with section two of this Act he is subject to the jurisdiction of the service courts of a country to which this section applies, then, with a view to its being determined whether he as to be dealt with for that offence under United Kingdom law or dealt with by the courts of that country for an offence under the law thereof, he may notwithstanding anything in section thirty-eight of the Summary Jurisdiction Act, 1879, be detained in custody for a period not exceeding three days without being brought before a court of summary jurisdiction; but if within that period he is not delivered into the custody of an authority of that country he shall, in accordance with the said section thirty-eight, be released on bail or brought before a court of summary jurisdiction as soon as practicable after the expiration of that period.

In the application of the last foregoing subsection to Scotland for the first reference to section thirty-eight of the Summary Jurisdiction Act, 1879, there shall be substituted a reference to section twenty-three of the Summary Jurisdiction (Scotland) Act, 1908, and for the words " in accordance with the said section thirty-eight, be released on bail or " there shall be substituted the words " if not released on bail in pursuance of section fourteen of the Summary Jurisdiction (Scotland) Act, 1908, be ".

In the application of subsection (2) of this section to Northern Ireland for the references to section thirty-eight of the Summary Jurisdiction Act, 1879, there shall be substituted references to section thirty-nine of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935, and the references to a court of summary jurisdiction shall be construed as references to such a court or a resident magistrate out of petty sessions or a justice of the peace.

If any coroner having jurisdiction to hold an inquest touching a death is satisfied that the deceased person at the time of his death had a relevant association with a visiting force, then unless the Secretary of State otherwise directs the coroner shall not hold the inquest or, if the inquest has been begun but not completed, shall adjourn the inquest and, if a jury has been summoned, shall discharge the jury.

Where an inquest is adjourned under this section the coroner shall not resume it except on the direction of the Secretary of State and, if he does resume it, shall proceed in all respects as if the inquest had not previously been begun, except that it shall not be obligatory on the coroner to view the body or to furnish the registrar of deaths with any certificate or further certificate, as the case may be.

Section four of the Births and Deaths Registration Act, 1926 (which restricts the removal out of England of the body of a deceased person) shall not apply to the body of a person who at the time of his death had a relevant association with a visiting force:

Provided that this subsection shall not apply as respects the body of a person concerning whose death, by virtue of a direction of the Secretary of State under subsection (1) or (3) of this section, an inquest is required to be held or, if begun, is required to be resumed.

Notwithstanding subsection (1) of section two of the said Act of 1926 (which relates to certificates to be given to persons giving information concerning deaths), the registrar shall not give a certificate under that subsection to the person giving information concerning a death if that person informs the registrar that the body is one as respects which the last foregoing subsection has effect and that it is proposed to remove the body out of England.

In this section the expression " homicide " includes murder, manslaughter, infanticide and any offence under the law of the country in question which is analogous to any of those offences.

In the application of this section to Northern Ireland for the references to the Secretary of State there shall be substituted references to the Minister of Home Affairs for Northern Ireland, and subsections (4) and (5) shall be omitted.

There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of an Order under, this section in the sums payable out of such moneys under any enactment.

No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament.

In this section—

• " enactment " means an enactment (passed either before or after the passing of this Act) of the Parliament of the United Kingdom or of the Parliament of Northern Ireland, and includes any instrument having effect under an enactment;

• " property " includes both real and personal property, or' in Scotland both heritable and moveable property.

Subsections (1) and (3) of this section apply whether the power in question is exercisable, or the prohibition, restriction or requirement in question is imposed, by provision expressly relating to the home forces or by more general provision, and subsection (2) of this section applies whether the exemption, privilege or immunity in question would subsist, or be capable of being conferred, by virtue of any such provision or by reason of any enactment's not binding the Crown.

The Minister of Defence may make arrangements whereby claims in respect of acts or omissions of members of visiting forces, or of other persons connected therewith to whom the arrangements relate, being acts or omissions of any description to which the arrangements relate, will be satisfied by payments made by the said Minister of such amounts as may be adjudged by any United Kingdom court or as may be agreed between the claimant and the said Minister or such other authority as may be provided by the arrangements ; and any expenses of the Minister of Defence incurred in satisfying claims in pursuance of any such arrangements or otherwise in connection with the arrangements shall be defrayed out of moneys provided by Parliament.

The said Minister shall take such steps as may be requisite for securing that persons concerned with any arrangements made by him under this section shall be informed of the nature and operation of the arrangements.

The reference in paragraph (c) of the last foregoing subsection to a note of recognition of an entry in a passport is a reference to any mark or indication made in the passport by or on behalf of the Secretary of State signifying that the entry has been noted and approved.

In this section the expression " passport" includes any document which, in accordance with the United Kingdom law for the time being in force, would be treated as the equivalent of a passport in the case of a person entering the United Kingdom, being a national of the country by whose Government the document is issued.

For the purposes of this Part of this Act a certificate issued by or on behalf of the appropriate authority of a country, stating that at a time specified in the certificate a person so specified either was or was not a member of a visiting force of that country, shall in any proceedings in any United Kingdom court be sufficient evidence of the fact so stated unless the contrary is proved.

For the purposes of subsection (2) of section three of this Act a certificate issued by or on behalf of the appropriate authority of a country, stating in connection with any charge against a person of an offence against United Kingdom law, being a charge specified in the certificate, that his case can be dealt with under the law of that country, shall in any such proceedings as aforesaid be conclusive evidence of the fact so stated.

Where a person is charged with an offence against United Kingdom law and at the time when the offence is alleged to have been committed he was a member of a visiting force or a member of a civilian component of such a force, a certificate issued by or on behalf of the appropriate authority of the sending country, stating that the alleged offence, if committed by him, arose out of and in the course of his duty as a member of that force or component, as the case may be, shall in any such proceedings as aforesaid be sufficient evidence of that fact unless the contrary is proved.

In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• " court " includes a service court;

• " Her Majesty's ships or aircraft " does not include ships or aircraft belonging to Her Majesty otherwise than in right of Her Majesty's Government in the United Kingdom ;

• " the home forces " means any of the forces of Her Majesty raised in the United Kingdom and for the time being serving in the United Kingdom ;

• " member ", in relation to a visiting force, means a member of the forces of the sending country, being one of the members thereof for the time being appointed to serve with that visiting force ;

• " the sending country ", in relation to a visiting force, means the country to whose forces the visiting force belongs ;

• " service authorities " means naval, military or air force authorities;

• " service court " means a court established under service law and includes any authority of a country who under" the law thereof is empowered to review the proceedings of such a court or to try or investigate charges brought against persons subject to the service law of that country; and references to trial by, or to sentences passed by, service courts of a country shall be construed respectively as including references to trial by, and to punishment imposed by, such an authority in the exercise of such powers;

• " service law ", in relation to a country, means the law governing all or any of the forces of that country; and

• " visiting force " means, for the purposes of any provision in this Part of this Act, any body, contingent or detachment of the forces of a country to which that provision applies, being a body, contingent or detachment for the time being present in the United Kingdom on the invitation of Her Majesty's Government in the United Kingdom.

In determining for the purposes of any provision in this Part of this Act whether a person is, or was at any time, ordinarily resident in the United Kingdom, no account shall be taken of any period during which he has been or intends to be present in the United Kingdom while being a member of a visiting force or of a civilian component of such a force, or while being a dependant of a member of a visiting force or of such a civilian component.

Subject to the provisions of this section, paragraphs (1) to (4) and (9) of section one hundred and fifty-four of the Army Act (which relates to the apprehension and delivery into military custody of deserters and absentees without leave) shall within the United Kingdom apply in relation to deserters and absentees without leave from the forces of any country to which this section applies as they apply in relation to deserters and absentees without leave within the meaning of that section:

Provided that the said paragraph (9) (which, in the case of a person surrendering himself as, and appearing on inquiry to be, a deserter or absentee without leave, authorises a police officer to deliver him into military custody and in such case requires the officer to issue a certificate as to the fact, date and place of surrender) shall so apply as if the words from " and in such case " to the end of the paragraph were omitted.

The powers conferred by paragraphs (1), (2) and (9) of the said section one hundred and fifty-four as applied by the last foregoing subsection shall not be exercised in relation to a person except in compliance with a request (whether specific or general) of the appropriate authority of the country to which he belongs.

References in the said paragraphs (4) and (9), as applied by subsection- (1) of this section, to the delivery of a person into military custody shall be construed as references to the handing over of that person to such authority of the country to which he belongs, and at such place in the United Kingdom, as may be designated by the appropriate authority of that country.

In section one hundred and thirty-one of the Army Act (which imposes duties as to the reception of prisoners, deserters and absentees without leave) references to deserters and absentees without leave shall be construed as including references to deserters and absentees without leave from the forces of any country to which this section applies.

Section one hundred and seventy of the Army Act (which restricts proceedings against persons acting under that Act) shall have effect as if references in that section to that Act included references to any provision of that Act as applied by the foregoing provisions of this Part of this Act.

In this section references to the country to which a person, belongs are references to the country from whose forces he is suspected of being, or (where he has surrendered himself) appears from his confession to be, a deserter or absentee without leave.

In so far as the foregoing provisions of this section are applicable to members of a visiting force within the meaning of section eight of this Act, nothing in those provisions shall be construed as limiting the generality of the said section eight.

Where an Order in Council is made under this section as respects a territory, and while that Order is in force an Order in Council is made under subsection (2) of section one of this Act (in this subsection referred to as " the subsequent Order ") the subsequent Order may either be made so as to extend to that territory as aforesaid, subject to such adaptations, modifications or exceptions as may be specified in the subsequent Order, or may be made so as not to extend thereto, as may be provided in the subsequent Order.

Where in any certificate issued for the purposes of this Act reference is made to a person by name, and in any proceedings in a United Kingdom court reference is made to a person by that name (whether as a party to the proceedings or otherwise), the references in the certificate and in the proceedings respectively shall, unless the contrary is proved, be deemed to be references to one and the same person.

Any document purporting to be a certificate issued for the purposes of any provision of this Act, and to be signed by or on behalf of an authority specified therein, shall be received in evidence and shall, unless the contrary is proved, be deemed to be a certificate issued by or on behalf of that authority; and where under the provision in question a certificate is required to be issued by or on behalf of the appropriate authority of a country, and the document purports to be signed by or on behalf of an authority of that country, that authority shall, unless the contrary is proved, be deemed to be the appropriate authority of that country for the purposes of that provision.

In this Act, unless the context otherwise requires, the expression " forces ", in relation to a country, means any of the naval, military or air forces of that country, the expression " United Kingdom court" means a court exercising jurisdiction in the United Kingdom under United Kingdom law otherwise than by virtue of section two of this Act, and the expression United Kingdom law " means the law of the United Kingdom or of any part thereof.

For the purposes of this Act a member of a force of any country which (by whatever name called) is in the nature of a reserve or auxiliary force shall be deemed to be a member of that country's forces so long as, but only so long as, he is called into actual service (by whatever expression described) or is called out for training; and any reference in this Act to a person's becoming a member of a country's forces shall be construed accordingly.

References in any provision of this Act to the appropriate authority of a country are references to such authority as may be appointed by the Government of that country for the purposes of that provision.

References in this Act to the presence of any forces in the United Kingdom at any time shall be construed as including references to their being at that time in transit to the United Kingdom.

In this Act, unless the context otherwise requires, any reference to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, and in this subsection the expression " enactment" includes an enactment of the Parliament of Northern Ireland.

Any power conferred by the foregoing provisions of this Act to make an Order in Council or order shall be construed as including a power, exercisable in the like manner, to vary or revoke the Order in Council or order ; and an Order in Council varying or revoking an Order under subsection (2) of section one of this Act may contain such transitional provisions as appear to Her Majesty in Council expedient in consequence of the variation or revocation.

This Act may be cited as the Visiting Forces Act, '1952.

This Act shall come into operation on such date as Her Majesty may by Order in Council appoint, and different dates ' may be appointed in relation to different provisions of this Act.