Armed Forces Act 1976

PART III Miscellaneous and Supplementary

18 Deductions for maintenance of children

(1) In subsections (1) and (5) of section 151 of the Army Act 1955 and in subsections (1) and (5) of section 151 of the Air Force Act 1955 (power to order deductions from pay for maintenance of wife or child, qualified, in relation to children, by reference to the age of sixteeen) for the word " sixteen " wherever it occurs, there shall be substituted the word " seventeen ".

(2) In subsection (1) of each of those sections after the word " seventeen " inserted by subsection (1) above there shall be inserted the words " or that such a child of his is in care ".

(3) The following subsection shall be added after each of those subsections:—

“(1A) A child is in care for the purposes of this section at any time when by virtue of any enactment (including an enactment of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly)—

(a) he is in the care of a local authority in England or Wales; or

(b) he is subject to a supervision requirement to which Part VI of the Social Work (Scotland) Act 1968 applies; or

(c) he is in the care—

(i) of the managers of a training school in Northern Ireland, or

(ii) of a fit person in Northern Ireland, or

(iii) of the Department of Health and Social Services for Northern Ireland.”.

19 Deductions from RAF pensions

Nothing in section 144(2) of the [1955 c. 19.] Air Force Act 1955 (penal deductions) shall apply to deductions from pensions ; and accordingly, after the word " deduction", in the first place where it occurs in that subsection, there shall be inserted the words " from such pay ".

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

In section 1 of the [1975 c. 24.] House of Commons Disqualification Act 1975 and section 1 of the [1975 c. 25.] 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 (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 Greenwich Hospital Acts 1865 to 1967 shall have effect as if the said property were property which vested in the Admiralty by virtue of the [1865 c. 89.] 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 [1892 c. 34.] Naval 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 Navy, or officers of the Navy who have retired from the active list of lieutenants with the rank of commander in the Navy ; and

• " the Travers Foundation property " means the property which was transferred to the Admiralty by the [1892 c. 34.] Naval Knights of Windsor (Dissolution) Act 1892 and from them to the Secretary of State by the [1964 c. 15.] Defence (Transfer of Functions) Act 1964.

22 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.

(4) 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.

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

(6) 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 [1892 c. 34.] Naval Knights of Windsor (Dissolution) Act 1892,

  • section 1 of the [1971 c. 33.] Armed Forces Act 1971,

  • section 10(4) of the [1975 c. 24.] House of Commons Disqualification Act 1975, and

  • section 5(3) of the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975.

(8) 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.