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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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Amendment of Provisions as to Enlistment, Service and Discharge of Men of the Royal Marines
Amendments as to Discipline, &c., applicable alike to Army Act,1955, and Air Force Act,1955
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25. Power of authority reviewing summary findings and awards
Other Amendments applicable alike to Army Act,1955, and Air Force Act,1955
An Act to continue, and amend, the Army Act, 1955, and the Air Force Act, 1955; to amend the Courts-Martial (Appeals) Act, 1951; to validate the employment of British protected persons in certain military and air forces; and for purposes connected with the matters aforesaid.
[27th July 1961]
C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
F1S. 3 repealed by Armed Forces Act 1966 (c. 45), Sch. 5 and S.I. 1967/1018
(1)Where on conviction by a court-martial any of an airman’s service is forfeited in consequence of subsection (1) of section seventeen of the M1Air Force Act, 1955 (forfeiture of service for desertion) . . . F1, and the right conferred by subsection (1) of section nine of this Act to determine his service ceased in his case to be exercisable before the day of the sentence, the forfeiture shall not operate to confer on him any further such right under the last-mentioned subsection.
(2)Where service of any description forfeited as mentioned in the foregoing subsection is restored under subsection (4) of the said section seventeen to a person who, at the time of the restoration, is serving, or subsequently serves, on terms which entitle him to the right conferred by subsection (1) of section nine of this Act, the restoration shall not operate to alter the date on which, by reason of the operation of subsection (2) of the said section seventeen, his air-force service may be determined in pursuance of an exercise of that right.
(3)Nothing in the said section seventeen shall require a person whose term of enlistment has been extended under paragraph (a) of subsection (2) of section 9 of this Act or paragraph (c) of subsection (1) of section 11 thereof so as to end at a specified time to serve for any period after that time.
(4)This section shall apply in relation to the forfeiture of service by virtue of section eighty-one of the M2Air Force Act, 1955 (forfeiture of service in case of confession of desertion on direction of the [F2Defence Council] or officer provided by Queen’s Regulations that offence shall not be tried by court-martial or dealt with summarily) as it applies in relation to forfeiture of service on conviction by a court-martial, subject to the modification that, for any reference to the day of the sentence, there shall be substituted a reference to the day on which the direction under that section was given.
F1Words repealed with savings by Armed Forces Act 1971 (c. 33), s. 78(4)(a), Sch. 4 Pt. I
F2Words substituted by S.I. 1964/488
C1Power to repeal s. 13 given by Armed Forces Act 1966 (c. 45), s. 2(2), Sch. 1
C2S. 13(1)(2) amended with the substitution for the references to the right conferred by s. 9(1) of this Act of a reference to the right conferred by regulations made under s. 2(1)(c) of Armed Forces Act 1966 (c. 45) by S.I. 1971/510: S.I. 1971/510 revoked by S.I. 1977/1097, reg. 13, Sch. 2 Pt. 1, subject to a saving in reg. 13(2) in relation to persons in air force service immediately before 1.7.1977, (by S.I. 1985/1820, reg. 18, Sch. 3, S.I. 1977/1097 is revoked subject to a saving in reg. 18(3) in relation to persons in air force service immediately before 1.1.1986)
M11955 c. 19.
M21955 c. 19.
The provisions of the First Schedule to this Act shall have effect for the purpose of making amendments in Part I of the Seventh Schedule to the M1Army Act, 1955 (enlistment, service and discharge of men of the Royal Marines), being amendments whose object is to enable such men to be re-engaged more than once and amendments of minor detail.
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”.
C1The 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.
F1S. 24 repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28, Sch. 5 Pt. II
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”.
C1The 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.
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F1S. 26(3) repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28, Sch. 5 Pt. II
C1The 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.
(1)For section one hundred and forty-six of the Army Act, 1955 (which authorises deduction from pay of any payment made by a military authority towards meeting the whole or part of any fine, penalty, damages, compensation or costs awarded by a sentence or order of a civil court against a person who at the time ;of the sentence or order is a member of the regular forces) there shall be substituted the following section:—
Where a person sentenced or ordered by a civil court (whether within or without Her Majesty’s dominions) to pay a sum by way of fine, penalty, damages, compensation or costs in consequence of being charged before the court with an offence is at the time of the sentence or order, or subsequently becomes, a member of the regular forces, then if the whole or any part of that sum is met by a payment made by or on behalf of any military authority, the amount of the payment may be deducted from his pay.”.
(2)For section one hundred and forty-six of the Air Force Act, 1955 (which makes provision corresponding to that of section one hundred and forty-six of the Army Act, 1955) there shall be substituted a section in other respects similar to that set out in the foregoing subsection but modified by the substitution, for the words “regular forces”, of the words “regular air force” and, for the words “military authority”, of the words “air-force authority”.
C1The 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.
(1)An order may be made under subsection (2) of section one hundred and forty-seven of the M1Army Act, 1955 (which empowers the [F1Defence Council] or an officer authorised by them, where it appears to them or him that loss of, or damage to, public or service property has been occasioned by a person while a member of the regular forces, to order that person to pay compensation for the loss or damage), notwithstanding that that person is at the time when the order is made no longer a member of the regular forces, and accordingly in the said subsection (2) after the words “the person responsible” (where first occurring) there shall be inserted the words “(whether or not he is a member of the regular forces at the time when the order is made)”.
(2)The reference in the foregoing subsection to the M2Army Act, 1955, shall be deemed to include a reference to the M3Air Force Act, 1955, but that subsection shall, in its application to the last-mentioned Act, have effect with the substitution, . . . F2, for the words “regular forces”, in each place where they occur, of the words “regular air force”.
F1Words substituted by S.I. 1964/488
F2Words repealed by S.I. 1964/488
M11955 c. 18.
M21955 c. 18.
M31955 c. 19.
(1)Section one hundred and fifty of the Army Act, 1955, and section one hundred and fifty of the Air Force Act, 1955 (which authorise deduction from pay of sums payable by a person under an order of a civil court for the maintenance of a child of his), shall each be amended by the insertion, in subsection (5), after the second paragraph, of the following paragraph:— “references to a child of a person include references to a child of his wife, and to an illegitimate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1child of that person or, of his wife,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1”.
(2)Accordingly,—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2in subsection (3), in the proviso, for the words “an order for payment of a sum for or in respect of the maintenance of an illegitimate child or” there shall be substituted the words “an order adjudging a man to be the father of an illegitimate child, and ordering him to pay a sum of money for or in respect of the maintenance of that child or any order varying or reviving such an order, or any order”
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F1S. 29(1) repealed in part by S.I. 1987/2203 (N.I. 22), art. 72(3), Sch. 5 Pt. I
F2S. 29(2)(a) repealed in part by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
F3S. 29(2)(b) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
C1The 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.
Subsection (1) of section one hundred and eighty-nine of the M1Army Act, 1955, and subsection (1) of section one hundred and eighty-nine of the M2Air Force Act, 1955 (which require certificates of arrest of deserters and absentees brought before a court of summary jurisdiction to be signed by a justice of the peace), shall, as regards certificates issued after the coming into operation of this section, have effect—
(a)in their application to England and Wales, with the substitution, for references to a justice of the peace, of references to a justice of the peace or the clerk of the court;
(b)in their application to Scotland, with the substitution, for references to a justice of the peace, of references to the clerk of the court;
(c)in their application to Northern Ireland, with the substitution, for references to a justice of the peace, of references to a resident magistrate or the clerk of petty sessions for the petty sessions district in which the court sat;
(d)in their application to the Isle of Man, with the substitution, for references to a justice of the peace, of references to a justice of the peace or the clerk of the court;
(e)in their application to the islands of Jersey and Guernsey, with the substitution, for references to a justice of the peace, of references to a magistrate or a person for the time being authorised to act as a magistrate;
(f)in their application to Alderney, with the substitution, for references to a justice of the peace, of references to the chairman of the Court of Alderney or the person for the time being authorised to act as chairman of that Court;
(g)in their application to Sark, with the substitution, for references to a justice of the peace, of references to the Seneschal or the Deputy Seneschal;
(h)in their application to a colony, a territory under Her Majesty’s protection or a territory for the time being administered by Her Majesty’s government in the United Kingdom under the trusteeship system of the United Nations, with the substitution, for references to a justice of the peace, of references to a magistrate or the official (by whatever designation known) who exercises in the court functions similar to those exercised in England by the clerk of a court of summary jurisdiction.
F1Ss. 31–34 repealed with savings by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
In subsection (3) of section two hundred and seven of the Army Act, 1955 (which provides for the application of that Act to a member of a colonial force who is acting with the regular or other military forces in the United Kingdom and for his being subject to military law) and in subsection (3) of section two hundred and seven of the Air Force Act, 1955 (which makes similar provision in the case of persons acting with the regular or other air forces) for the words “in the United Kingdom” there shall be substituted the words “outside that colony”.
C1The 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.
(1)Section three of the Act of Settlement shall not apply, and shall be deemed never to have applied, so as to prevent a British protected person’s being employed as an officer, warrant officer or non-commissioned officer of a military or air force raised under the law of a colony, a territory under Her Majesty’s protection, a United Kingdom mandated territory or a United Kingdom trust territory.
(2)In the foregoing subsection the reference to such law as is therein mentioned shall include, in relation to two or more colonies or territories under a central legislature, a reference to law made by that legislature, and “United Kingdom mandated territory” and “United Kingdom trust territory” have the same meanings as in the M1British Nationality Act, 1948.
Army and Air Force Act 1961