- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/1999)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2001
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Naval Discipline Act 1957 (repealed), Section 128C is up to date with all changes known to be in force on or before 31 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, the following provisions shall have effect where, after such investigation as may be prescribed by regulations of the Defence Council, it appears to the Defence Council or an officer authorised by them that any loss of, or damage to, public or service property, has been occasioned by any wrongful act or negligence of a person subject to this Act (hereafter referred to as “the person responsible”).
(2)The Defence Council or authorised officer, as the case may be, may order the person responsible (whether or not he is subject to this Act at the time when the order is made) to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order; and any such sum in so far as not otherwise paid by the person responsible may be deducted from his pay.
(3)No order shall be made under subsection (2) above if, in proceedings (whether under this Act, the M1Army Act 1955 or the M2Air Force Act 1955) before a court-martial, the appropriate superior authority or the commanding officer of the person responsible, that person—
(a)has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question, or
(b)has been awarded stoppages in respect of the same loss or damage;
but save as aforesaid, the fact that any such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deductions under that subsection.
Textual Amendments applied to the whole legislation
F1Act repealed (prosp.)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
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