Naval Discipline Act 1957 (repealed)

118 Application to certain civilians.F6 U.K.

(1) Subject to the provisions of this section where any body of Her Majesty’s naval forces are on active service Parts I and II of this Act shall (so far as applicable) apply to the following persons, that is to say—

(a) any person employed in the service of that body of those forces;

(b) any person employed in the service of any portion or member of that body of those forces; or

(c) any person who accompanies that body of those forces or any portion thereof,

as they apply to persons subject to this Act.

(2) Without prejudice to the foregoing subsection, but subject to the provisions of this section, the following provisions of this Act, that is to say—

(a) sections fourteen, [F1 14A,]thirty-eight and thirty-nine;

(b) sections forty and forty-one, so far as they relate to the sections aforesaid;

(c) sections forty-two and forty-three; and

(d) Part II so far as it applies to an offence under any of the said sections,

shall apply to a person of any class described in the Third Schedule to this Act who is within the limits of the command of any officer commanding any of Her Majesty’s naval forces outside the United Kingdom . . . F2 , as they apply to persons subject to this Act.

[F3 Provided that the said section 39 shall not apply to a person by virtue only of this subsection except at a time when he is on board one of Her Majesty’s ships.]

(3) The provisions of the Fourth Schedule to this Act shall have effect for the purposes of the application of this Act to any person to whom it applies by virtue of this section.

[F4 (3A) A court-martial for the trial of any such person may include in place of the corresponding number of officers not more than two persons who are in the service of the Crown and are persons to whom this Act applies by virtue of this section, but a person who is a member of a court-martial by virtue of this subsection shall not be appointed the president of the court-martial.]

[F5 (3B) On the trial of such a person a court-martial may make an order authorised by Schedule 4A below, and any such order shall be treated as a punishment for the purposes of this Act.]

(4) This section does not apply to any person to whom section one hundred and seventeen of this Act applies, or who is otherwise subject to this Act apart from this section or is subject to military or air-force law apart from section two hundred and nine of the M1 Army Act 1955, or the M2 Air Force Act 1955.

Textual Amendments

F1 Words inserted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 2(3)

F2 Words repealed by Armed Forces Act 1966 (c. 45), Sch. 5

F3 Proviso added by Armed Forces Act 1971 (c. 33), ss. 42, 78(4)

F4 S. 118(3A) inserted by Armed Forces Act 1976 (c. 52), s. 9(2)

F5 S. 118(3B) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 10

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

Textual Amendments applied to the whole legislation

F6 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