Armed Forces Act 1976

1976 c. 52

An Act to continue the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957; to amend those Acts and other enactments relating to the armed forces; to authorise the establishment of courts for the trial outside the United Kingdom of civilians subject to Part II of the Army Act 1955 or Part II of the Air Force Act 1955; to make provision for the powers of the courts so authorised in relation to such civilians; to make further provision for the powers of courts-martial in relation to such civilians and to civilians subject to Parts I and II of the Naval Discipline Act 1957; to make further provision as to the disqualification of members of the forces for membership of the House of Commons or the Northern Ireland Assembly; to make further provision for Greenwich Hospital; and for connected purposes.

[26th October 1976]C1 C2 C3 C4 I1 C5 C11 C12

Annotations:

Commencement Information

Act partly in force at Royal Assent, see s. 22(7); Act wholly in force at 1.7.1977

Modifications etc. (not altering text)

Act: Power to amend conferred (prosp.) by 2001 c. 19, ss. 30(4)(e), 39(2)

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1

Power to amend Act conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(3)(a)(iv)

By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C11

Act power to amend conferred (25.8.2006) by Armed Forces Act 2001 (c. 19), ss. 30(4)(e), 39(2); S.I. 2006/2309, art. 2

C12

Act power to amend conferred (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 381, 383(2); S.I. 2007/1442, art. 2(2)

Part I General

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Service in and constitution of forces

F202 Regulations as to variation of term of service.

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F203 Royal Marines.

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F204 QARNNS and WRNS.

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Part II Trial and Punishment of Offences

Summary punishment

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civilians

F216 Establishment of Standing Civilian Courts.

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F217 Jurisdiction of Standing Civilian Courts.

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F218E2Powers of courts in relation to civilians.

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F218E1Powers of courts in relation to civilians.

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F219 Constitution of courts-martial for civilians.

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Juveniles

F2110 Powers of courts in relation to juveniles.

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Court-martial procedure

F2111 Proof at courts-martial by written statement.

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F2112 Exemption of certain persons from duty to take oath at court-martial.

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Powers of court-martial etc.

F2113 Imprisonment in default of payment of fines.

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F2114 Restitution and compensation.

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Naval Offences

F2115 Territorial scope of certain offences.

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Powers of civil courts

F2116 Enforcement by civil courts of financial penalties awarded under Services Acts.

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Rehabilitation

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Miscellaneous and Supplementary

F1218 Deductions for maintenance of children.

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F1319 Deductions from RAF pensions

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20 Disqualification of members of forces for House of Commons and Northern Ireland Assembly. C6

In section 1 of the M1 House of Commons Disqualification Act 1975 and section 1 of the M2 Northern Ireland Assembly Disqualification Act 1975 (each of which disqualifies holders of certain offices and places)—

a

the words “or the Ulster Defence Regiment" shall be added at the end of subsection (1)(c), and

b

the following definition shall be substituted for the definition of “regular armed forces of the Crown" in subsection (3) of the former section and subsection (3) of the former section and subsection (2) of the latter, namely— “ “regular armed forces of the Crown” means the Royal Navy, the regular forces as defined by section 225 of the Army Act 1955, the regular air force as defined by section 223 of the Air Force Act 1955, Queen Alexandra’s Royal Naval Nursing Service and the Women’s Royal Naval Service. ”

21 Greenwich Hospital.

1

The Secretary of State shall continue to apply the income of the Travers Foundation property, after deducting the necessary and proper expenses of management, in granting such pensions to qualified officers, and under such conditions, as Her Majesty may from time to time by Order in Council direct; and all such pensions shall continue to be distinguished as Travers pensions.

2

Subject to subsection (1) above, the Secretary of State shall apply the income of the Travers Foundation property for the general purposes of the Greenwich Hospital Acts 1865 to 1967.

3

The M3Greenwich Hospital Acts 1865 to 1967 shall have effect as if the said property were property which vested in the Admiralty by virtue of the Greenwich Hospital Act 1865, and the capital and revenue of the property were capital and revenue of Greenwich Hospital, except that the accounts of the property shall be kept distinct from the general accounts of Greenwich Hospital, and be shown separately in any statement rendered to Parliament under the Greenwich Hospital Acts 1865 to 1967.

4

The rents and profits of the lands which vested in the Admiralty by virtue of the Greenwich Hospital Act 1865 and the M4Naval Knights of Windsor (Dissolution) Act 1892 shall continue to be paid, either with or without deductions of the necessary and proper expenses of management of those lands, and of other necessary and proper outgoings in respect of them, into the Bank of England to the cash account of Her Majesty’s Paymaster General, who shall carry them to the Greenwich Hospital Income Account and to the account mentioned in subsection (3) above respectively.

5

In this section—

“qualified officers” means retired officers of the rank of lieutenant in the F4Royal Navy, or officers of the F4Royal Navy who have retired from the active list of lieutenants with the rank of commander in the F4Royal Navy; and
“the Travers Foundation property” means the property which was transferred to the Admiralty by the Naval Knights of Windsor (Dissolution) Act 1892 and from them to the Secretary of State by the M5Defence (Transfer of Functions) Act 1964.

P122 Citation etc.

1

This Act may be cited as the Armed Forces Act 1976.

2

Section 21 above may be cited together with the Greenwich Hospital Acts 1865 to 1967 as the Greenwich Hospital Acts 1865 to 1976.

3

Except so far as the context otherwise requires, any reference in this Act to any other enactment is a reference to that enactment as amended by or under any subsequent enactment, including an enactment contained in this Act.

P24

Any power to make an order conferred by any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.

C75

The minor and consequential amendments specified in Schedule 9 to this Act shall have effect.

C76

The enactments specified in Schedule 10 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

7

The following provisions of this Act shall come into force on the day this Act is passed, namely—

section 1;
section 10;
section 17(1);
section 20(a);
section 21;
subsections (1) to (4) and (7) to (9) of this section;
subsection (5) of this section so far as it relates to paragraphs 4, 11 and 20(2), (4) and (5) of Schedule 9; and
subsection (6) of this section so far as it relates to the repeal of the following, namely—
the M6Naval Knights of Windsor (Dissolution) Act 1892,
section 1 of the M7Armed Forces Act 1971,
section 10(4) of the M8House of Commons Disqualification Act 1975, and
section 5(3) of the M9Northern Ireland Assembly Disqualification Act 1975.

C88

Subject to subsection (7) above, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

9

An order under subsection (8) above—

a

may appoint different days for different provisions and for different purposes; and

b

may make savings from the effect of any provision which it brings into force.

SCHEDULES

F22SCHEDULE 1F22...

Annotations:

Amendments (Textual)

F22

Schs. 1-8 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

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F224

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Chapter	Short Title	Extent of Repeal
55 & 56 Vict. c. 34.	Naval Knights of Windsor (Dissolution) Act 1892.	The whole Act.
4 Eliz. 2. c. 18.	The Army Act 1955.	In section 17(2), the words “except those relating to discharge by purchase)". In section 78(3), in the second proviso, in paragraph (a), the words “fourteen days or, where the offence was committed on active service," and in paragraph (b)(i), the words “fourteen days or, where the civil offence constituting the offence against that section was committed on active service,".
		Section 86(4).
		In section 93(1), the words “shorthand writer".
		In section 225(1), in the definition of “Her Majesty’s forces", the words “37 and".
		In Schedule 7, in paragraph 1, the words from “10" to “and", in the second place where it occurs, paragraph 5A, and in paragraph 6, the words “sections fourteen and seventeen".
3 & 4 Eliz. 2. c. 19.	The Air Force Act 1955.	In section 17(2), the words “(except those relating to discharge by purchase)" .
		In section 78(3), in the second proviso, in paragraph (a), the words “fourteen days or, where the offence was committed on active service," and in paragraph (b)(i), the words “fourteen days or, where the civil offence constituting the offence against that section was committed on active service,".
		Section 86(4).
		In section 93(1), the words “shorthand writer".
		In section 223(1), in the definition of “Her Majesty’s forces", the words “37 and".
5 & 6 Eliz. 2. c. 53.	The Naval Discipline Act 1957.	In section 60(1), the words “for the purpose of reporting or transcribing the proceedings or".
		Section 76(5).
		Section 111(5)(a) and (b).
		Section 113(3).
1966 c. 45.	The Armed Forces Act 1966.	In section 13(1), the words from “and in place" to the end of the subsection.
		In Schedule 3, paragraph 2.
1971 c. 33.	The Armed Forces Act 1971.	Section 1.
		In section 67(3), the words from the beginning of the subsection to “have effect and".
		In Schedule 1, paragraph 2(8).
		In Schedule 3, in paragraph 5(3), the words “and (8)".
1974 c. 23.	The Juries Act 1974.	In Part III of Schedule 1 the words “or any Voluntary Aid Detachment serving with the Royal Navy".
1975 c. 24.	The House of Commons Disqualification Act 1975.	Section 10(4).
1975 c. 25.	The Northern Ireland Assembly Disqualification Act 1975.	Section 5(3).

Armed Forces Act 1976

Part I General

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Service in and constitution of forces

F202 Regulations as to variation of term of service.

F203 Royal Marines.

F204 QARNNS and WRNS.

Part II Trial and Punishment of Offences

Summary punishment

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civilians

F216 Establishment of Standing Civilian Courts.

F217 Jurisdiction of Standing Civilian Courts.

F218E2Powers of courts in relation to civilians.

F218E1Powers of courts in relation to civilians.

F219 Constitution of courts-martial for civilians.

Juveniles

F2110 Powers of courts in relation to juveniles.

Court-martial procedure

F2111 Proof at courts-martial by written statement.

F2112 Exemption of certain persons from duty to take oath at court-martial.

Powers of court-martial etc.

F2113 Imprisonment in default of payment of fines.

F2114 Restitution and compensation.

Naval Offences

F2115 Territorial scope of certain offences.

Powers of civil courts

F2116 Enforcement by civil courts of financial penalties awarded under Services Acts.

Rehabilitation

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Miscellaneous and Supplementary

F1218 Deductions for maintenance of children.

F1319 Deductions from RAF pensions

20 Disqualification of members of forces for House of Commons and Northern Ireland Assembly. C6

a

b

21 Greenwich Hospital.

1

2

3

4

5

P122 Citation etc.

1

2

3

P24

C75

C76

7

C88

9

a

b

SCHEDULES

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F22SCHEDULE 2F22...

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F22SCHEDULE 3F22...

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