Army and Air Force Act 1961

Section 16.

FIRST SCHEDULE Amendments of Part I of Seventh Schedule to Army Act, 1955

1 In the following provisions of the Seventh Schedule to the Army Act, 1955 (hereafter in this Schedule referred to as "the principal Schedule "), namely.—

(a) heads (a) and (b) of sub-paragraph (2) of paragraph 2 ;

(b) heads (a) and (b) of sub-paragraph (3) of that paragraph ; and

(c) sub-paragraph (7) of paragraph 5 ;

for the words " by order of the Admiralty " there shall be substituted the words " by regulations of the Admiralty ".

2 In sub-paragraph (4) of paragraph 2 of the principal Schedule, after the words " Royal Marines", where secondly occurring, there shall be inserted the words " with the consent of the competent authority ".

3 For sub-paragraph (1) of paragraph 3 of the principal Schedule, there shall be substituted the following sub-paragraph:—

“(1) Any marine may, if approved by the competent authority as a fit person to continue in Her Majesty's service as a marine, be re-engaged for any period authorised by regulations of the Admiralty”.

4 (1) In sub-paragraph (2) of paragraph 4 of the principal Schedule, for the word " second " there shall be substituted the words " a subsequent " and for the words " two years" there shall be substituted the words " one year ".

(2) In sub-paragraph (3) of the said paragraph 4, for the words from the beginning to " give notice ", there shall be substituted the words " Where a marine serving in the Royal Marines will, at the end of a period for which he has been re-engaged, have completed not less than twenty-two years' service in the Royal Marines after attaining the age of eighteen years, he may at any time during the last twelve months of that period give notice ", and for the words " his commanding officer or other competent authority " there shall be substituted the words " the competent authority ".

5 (1) In sub-paragraph (4) of paragraph 5 of the principal Schedule, for the words " if he so elects and Obtains the consent of his commanding officer and, through his commanding officer, the consent of the proper authority of the country where he is ", there shall be substituted the words " if, through his commanding officer, he obtains the consent of the competent authority and that of the proper authority of the country where he is ".

(2) Sub-paragraph (6) of the said paragraph 5 shall cease to have effect.

6 At the end of paragraph 10 of the principal Schedule there shall be added the words " and the expression ' competent authority' means the Admiralty or an officer authorised by regulations of the Admiralty to act for the purposes of this Part of this Schedule ".

7 (1) Paragraph 2 of this Schedule shall not apply to a marine serving in the Royal Marines at the relevant time and sub-paragraph (1) of paragraph 4 of this Schedule shall not apply to a marine whose service expired before that time.

(2) In the case of a marine serving in the Royal Marines at the relevant time on a second engagement—

(a) sub-paragraph (2) of paragraph 4 of this Schedule (except in so far as it substitutes the competent authority for the commanding officer or other competent authority) shall not apply; but

(b) sub-paragraph (3) of paragraph 4 of the principal Schedule shall have effect as if, for the words " his second engagement ", there were substituted the words " (his second, or a subsequent, engagement ".

(3) Any approval given under sub-paragraph (1) of paragraph 3 of the principal Schedule before the relevant time shall have effect as if it were approval given under the sub-paragraph substituted therefor by paragraph 3 of this Schedule, and any approval given under sub-paragraph (3) of paragraph 4 of the principal Schedule before that time shall have effect as if it were approval given under that sub-paragraph as amended by sub-paragraph (2) of paragraph 4 of this Schedule.

(4) In this paragraph " the relevant time" means the time at which this Schedule comes into operation.