Armed Forces Act 1981

SCHEDULES

Section 10.

SCHEDULE 1 E+W+S+N.I. Amendments Relating to Trial of Civilians, Etc.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Powers on trial of civilian E+W+S+N.I.

1 In section 209(3)(b) of the Army Act 1955 M1 and the Air Force Act 1955 M2 and in paragraph 4(b) of Schedule 4 to the Naval Discipline Act 1957 M3 (fines in respect of certain civilians) for “twenty-five pounds” there shall be substituted “£100”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.

2 In section 209(4B) of the Air Force Act 1955 (application to civilians of provisions about proof of outcome of civil trial) for the words “military law” there shall be substituted the words “air-force law”. E+W+S+N.I.

3 (1) The following amendments shall be made in Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 and Schedule 4A to the Naval Discipline Act 1957 (which Schedules confer various powers on courts-martial and Standing Civilian Courts to punish or make orders against civilians or thei parents or guardians). E+W+S+N.I.

(2) In paragraph 6 of the Schedules (reception orders and commital into care), for sub-paragraph (3) there shall be substituted the following sub-paragraph—

“(3) The court shall inform the offender (if he is not too young or of too limited understanding) and any person accompanying or representing him of the substance of so much of the report or of such parts of it as relate to the offender or his parent or guardian as the court considers material to the manner in which the case may be dealt with.”

(3) In Schedule 5A to the Army Act 1955 and the Air Force act 1955, in paragraph 10 (power to make custodial order in case of young offender) the following sub-paragraphs shall be inserted after sub-paragraph (5)—

“(5A) The following provisions of this Act shall apply in the case of a sentence under custodial order as they apply in the case of a sentence of detention:—

(a) where the court is a court-martial, sections 114(1) and 118(1) ;

(b) whether the court is a court-martial or a standing Civilian Court, section 119A(1) and (3).

(5B) For the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the cuurency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B of this Act shall apply in the case of a sentence of detention.”

(4) In Schedule 4A to the Naval Discipline Act 1957 M4 , in paragraph 10 (power to make custodial order in case of young offender) the following sub-paragraph shall be inserted after sub-paragraph (5)—

“(5A) Sections 85(1), 89(1) and (3) and 92(1) of this Act shall apply in the case of a sentence under custodial order as they apply in the case of a sentence of detention ; and so shall sections 81, 82, 87, 88, 104, 119 and 130A for the period before a person sentenced under such an order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received).”

(5) In paragraph 10 of the Schedules, for sub-paragraph (6)(b) there shall be substituted the following sub-paragraph—

“(b) where the offender is removed to Scotland—

(i) in the case of male person ordered to be detained for a period of at least twenty-eight days but not exceeding four months, a detention centre ; and

(ii) in any other case, a young offenders institution ;”

(6) In Schedule 5A to the Army Act 1955 M5 and the Air Force Act 1955 M6 , in paragraph 13 (fines on or compensation orders against parents or guardians), for sub-paragraph (3), there shall be substituted the following sub-paragraph—

“(3) A parent or guardian on or against whom a fine has been imposed or compensation order made under this paragraph may petition or appeal against the sentence as follows, that is to say—

(a) if the court which imposed the fine or made the order was a court-martial, the parent or guardian may present a petition in accordance with section 108 of this Act against a sentence in accordance with section 8 of the Courts-Martial (Appeals) Act 1968 as if he had been convicted of and sentenced for the offence by the court-martial ; or

(b) if the court which imposed the fine or made the order was a Standing Civilian Court, the parent or guardian may present a petition in accordance with section 108 of this Act against sentence or may appeal against sentence under paragraph 18 of Schedule 3 to the Armed Forces Act 1976 as if he had been convicted of and sentenced for the offence by the Court.”

(7) In Schedule 4A to the Naval Discipline Act 1957, in paragraph 13, for sub-paragraph (3) there shall be substituted the following sub-paragraph—

“(3) A parent or guardian on or against whom a fine has been imposed or compensation order made under this paragraph may present a petition in accordance with section 70(2) of this Act against sentence or may appeal against sentence in accordance with section 8 of the Courts-Martial (Appeals) Act 1968 as if he had been convicted of and sentenced for the offence by the court-martial.”

(8) the following sub-paragraph shall be inserted after sub-paragraph (4) of the said paragraph 13—

“(5) In this paragraph “guardian”, in relation to an offender, includes any individual who, in the court’s opinion, had at the time of the offence care or control of the offender.”

(9) the following sub-paragraph shall be inserted after sub-paragraph (8) of paragraph 14 of the Schedules (orders requiring parents or guardians to enter into recognisances)—

“(9) In this paragraph “guardian”, in relation to an offender, includes any individual who, in the court’s opinion, has control of the offender.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M4 1957 c. 53.

M5 1955 c. 18.

M6 1955 c. 19.

Standing Civilian Courts : appeal and suspending sentence E+W+S+N.I.

4 (1) Schedule 3 to the Armed Forces Act 1976 M7 (Standing Civilian Courts) shall be amended as follows. E+W+S+N.I.

(2) In paragraph 18(3) (appeal from Standing Civilian Court to court-martial within 21 days of sentence) for “21” there shall be substituted “40”.

(3) The following shall be substituted for paragraph 20(4) (power of reviewing authority to suspend sentence of Standing Civilian Court where person is in custody under the sentence):—

“(4) A reviewing authority may at any time suspend a sentence of a Standing Civilian Court.”

(4) The following shall be inserted after paragraph 20(5) :—

“(5A) At any time while any sentence is so suspended, the suspension may be determined by the reviewing authority who suspended the sentence.”

(5) In paragraph 20(6) (determination of suspension in certain circumstances) after “fresh offence” there shall be inserted “then, without prejudice to the generality of sub-paragraph (5A) above,”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M7 1976 c. 52.

Section 11.

SCHEDULE 2 E+W+S+N.I. Minor Amendments and Repeals Relating to Procedure and Evidence

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Election for trial by court-martial after investigation by commanding officer E+W+S+N.I.

1 In section 78(5) of the Army Act 1955 M8 and the Air Force Act 1955 M9 (commanding officer who has determined that accused is guilty to afford opportunity of court-martial in certain circumstances) for “has determined” there shall be substituted “considers”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M8 1955 c. 18.

M9 1955 c. 19.

Election for trial by court-martial after investigation by appropriate superior authority E+W+S+N.I.

2 In section 79(6) of the Army Act 1955 and the Air Force Act 1955 (appropriate superior authority who has determined that accused is guilty to afford opportunity of court-martial in certain circumstances) for “has determined” there shall be substituted “considers” and in section 209(3)(d) of those Acts (corresponding provision for civilians) for “has been determined” there shall be substituted “is considered”. E+W+S+N.I.

Appropriate superior authorities E+W+S+N.I.

3 In section 82(2)(b) of the Army Act 1955 M10 and the Air Force Act 1955 M11 (under which, in special circumstances, colonels or other officers of corresponding rank can be designated appropriate superior authorities) the words “in special circumstances” shall be omitted. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M10 1955 c. 18.

M11 1955 c. 19.

Places for sitting of courts-martial E+W+S+N.I.

4 In section 91(1) of the Army Act 1955 and the Air Force Act 1955 (court-martial to sit at place specified in convening order, which may be outside the limits of command of the convening officer), for the words following “convene it to sit” there shall be substituted the words “at any place, whether or not, in the case of an officer having a command, within the limits of his command”. E+W+S+N.I.

Persons under instruction at courts-martial E+W+S+N.I.

5 (1) In section 93(1) of the Army Act 1955 and the Air Force Act 1955 (persons at courts-martial to whom an oath is to be administered), after the word “officer” there shall be inserted the words “or other person”. E+W+S+N.I.

(2) In section 104(2)(b) of the Army Act 1955 and the Air Force Act 1955 (exercise of judge advocate’s functions in absence of members of court and officers under instruction), after the word “officers” there shall be inserted the words “or other persons”.

(3) Accordingly, in section 209(3) of each of those Acts paragraph (fb) shall be omitted.

Written evidence at courts-martial : repeal of unnecessary provision E+W+S+N.I.

6 Section 99(2) of the Army Act 1955 and the Air Force Act 1955 (which makes statutory declarations admissible in evidence at courts-martial) shall, so far as it remains part of the law of any part of the United Kingdom or of any colony, cease to have effect. E+W+S+N.I.

Correction of wrong cross-reference in provision for making rules of procedure E+W+S+N.I.

7 In section 103(2)(i) of the Army Act 1955 and the Air Force Act 1955 (the reference in which to “the last foregoing sections” is rendered incorrect by the insertion of a section 99A by the Armed Forces Act 1976) for “the four last foregoing sections” there shall be substituted “subsection (1) of this section”. E+W+S+N.I.

Correction of wrong cross-reference in provision about maintenance orders E+W+S+N.I.

8 In section 151(2) of the Army Act 1955 and the Air Force Act 1955 (the reference in which to “the last foregoing subsection” is rendered incorrect by the insertion of a subsection (1A) by the Armed Forces Act 1976) for “the last foregoing subsection” there shall be substituted “subsection (1) of this section”. E+W+S+N.I.

Evidence in sexual offences cases: application to judge advocate in court’s absence E+W+S+N.I.

9 In section 3(3) of the Sexual Offences (Amendment) Act 1976 M12 (application to courts-martial of provisions restricting evidence at trials for rape, etc.), in paragraph (a) (omission of reference to jury in provision about applying to judge in jury’s absence for leave to adduce evidence), after “omitted” there shall be inserted “or (in the case of a trial by court-martial for which a judge advocate is appointed) were substituted by the words ’in the absence of the court’”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M12 1976 c. 82.

SCHEDULE 3 E+W+S+N.I. Women’s Services

Part I E+W+S+N.I. Statutory Assimilation

Existing enactments E+W+S+N.I.

1 (1) Every enactment which refers to the armed forces or the naval, military or air forces of the Crown shall have effect as if the reference included a reference to the women’s services of those forces administered by the Defence Council and any enactment containing the words “men”, “soldiers”, “seamen”, “airmen” or other word importing a reference to persons of the male sex only as, or as having been, or as capable of being, members of the naval, military or air forces of the Crown shall have effect as if for such word there had been substituted therein words having a like meaning in other respects but importing a reference to persons of either sex. E+W+S+N.I.

(2) Sub-paragraph (1) above applies for the interpretation of references to the reserve or auxiliary forces as it applies for the interpretation of references to the regular forces of the Crown.

(3) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the Royal Navy.

(4) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the naval, military or air forces of the Crown raised outside the United Kingdom; but nothing in this sub-paragraph affects the meaning of “visiting force” in the M13 Visiting Forces (British Commonwealth) Act 1933 or Part I of the M14 Visiting Forces Act 1952.

(5) This paragraph has effect in place of subsection (1) of section 3 of the M15 Army and Air Force (Women’s Service) Act 1948 (which makes corresponding provision in relation to the military and air forces) and of so much of any other enactment as explains, in relation to the women’s services, particular statutory references to the armed forces of the Crown; but the power to make Orders in Council under subsection (2) of that section shall include power to make the like provision in consequence of the preceding provisions of this paragraph so far as those provisions relate to the naval forces of the Crown.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M13 1933 c. 6.

M14 1952 c. 67.

M15 1948 c. 21.

Future enactments E+W+S+N.I.

2 Paragraph 1 above also applies for the interpretation of references in enactments contained in Acts passed after the passing of this Act. E+W+S+N.I.

Part II E+W+S+N.I. Specific

3 In section 2 of the Pensions Commutation Act 1871 M16 , in the definition of “officer”, for the words “the Army and Navy” there shall be substituted the words “Her Majesty’s naval or land forces” and for the word “Navy” there shall be substituted the words “naval forces”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M16 1871 c. 36.

4 In section 2(b) of the Colonial Prisoners Removal Act 1884 M17 , for the words “the Royal Navy or to Her Majesty’s regular military forces” there shall be substituted the words “her Majesty’s regular military or naval forces”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C4 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M17 1884 c. 31.

5 In the Uniforms Act 1894 M18 , the following section shall be substituted for section 4:— E+W+S+N.I.

“4 In this Act— “Her Majesty’s Military Forces” has the same meaning as in the Army Act 1955 ; “Her Majesty’s Naval Forces” has the same meaning as in the Naval Discipline Act 1957.”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C5 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M18 1894 c. 45.

6 In section 4 of the Air Force (Consititution) Act 1917 M19 , for the words “His Majesty’s Navy or Army” there shall be substituted the words “the Royal Navy or His Majesty’s Army”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C6 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M19 1917 c. 51.

7 In section 5(1) and in the definition of “British ship” insection 10 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 M20 , for the words “His Majesty’s Navy” (in each place where those words occur) there shall be substituted the words “the Royal Navy”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C7 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M20 1939 c. 83.

8 In section 68(2) of the Marriage Act 1949 M21 , in paragraph (a), for the words following “is serving in” there shall be substituted the words “any of the regular armed forces of the Crown ; or” and in paragraph (b) for the word “mentioned” there shall be substituted the word “included”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C8 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M21 1949 c. 76.

9 In section 2(1) of the Marriage (Registration of Buildings) Act (Northern Ireland) 1967 M22 , in paragraph (a) for the words following “is serving in” there shall be substituted the words “any of the regular armed forces of the Crown” and in paragraph (b) for the word “mentioned” there shall be substituted the word “included”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C9 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M22 1967 c. 32. (N.I.)

10 In section 21(5) of the Armed Forces Act 1976 M23 , in the definition of “qualified officers”, for the word “Navy” (in each place where it occurs) there shall be substituted the words “Royal Navy”. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C10 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M23 1976 c. 52.

Part III E+W+S+N.I. Application to QARNNS and WRNS of Provisions of 1966 Act as to Discharge, Etc.

Preliminary E+W+S+N.I.

11 (1) The provisions of the M24 Armed Forces Act 1966 specified in paragraphs 12, 13 and 14 below shall apply to members of and persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service F1 . . . in accordance with the provisions of those paragraphs. E+W+S+N.I.

(2) In those paragraphs “rating”, in relation to Queen Alexandra’s Royal Naval Nursing Service . . ., means a member of that Service of or below the rate of warrant officer.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in Sch. 3 para. 11(1) and (2) repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

Marginal Citations

M24 1966 c. 45.

Postponement of discharge in event of war, etc. E+W+S+N.I.

[F2 12 Section 4 (postponement of discharge or transfer to the reserve) shall have effect in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service as if it provided– E+W+S+N.I.

4 “Postponement of discharge–QARNNS.

(1) This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.

For the purposes of this section, “the relevant date”, in relation to a rating, means the date on which he would, apart from this section, be entitled to be discharged.

(2) A rating to whom this section applies may be retained in service in Queen Alexandra’s Royal Naval Nursing Service after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly.

(3) A rating may not be retained in Queen Alexandra’s Royal Naval Nursing Service after the relevant date for longer than twelve months.

(4) A rating who is so retained is (if not discharged sooner) entitled to be discharged at the end of those twelve months.

(5) If, while a person is being retained in service in Queen Alexandra’s Royal Naval Nursing Service by virtue of this section, it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged.

(6) Where, at the time at which under subsections (1) to (5) above a person is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–

(a) he may, by declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in Queen Alexandra’s Royal Naval Nursing Service while such a state of war exists, and

(b) if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (5) above were a period continuing so long as a state of war exists;

but this is subject to subsection (7) below.

(7) If it is so specified in the declaration, he shall be entitled to be discharged at the end of three months’ notice given by him to his commanding officer.”]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Sch. 3 para. 12 substituted (1.1.1999) by S.I. 1998/3086, reg. 8(1) (with reg. 8(2))

Modifications etc. (not altering text)

C11 Sch. 3 para. 12 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 5

Discharge E+W+S+N.I.

13 Section 6 (except subsection (5)) shall apply to ratings of Queen Alexandra’s Royal Naval Nursing Service F3 . . . as it applies to ratings of the Royal Navy. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Words in Sch. 3 para. 13 repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

False statements on entry E+W+S+N.I.

14 Section 8 shall apply to persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service F4 . . . as it applies to persons offering themselves for service in the Royal Navy. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Words in Sch. 3 para. 14 repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

Section 28.

SCHEDULE 4 E+W+S+N.I. Minor and Consequential Amendments

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C12 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Army Act 1955 E+W+S+N.I.

1 (1) In section 210 of the Army Act 1955 M25 (application of that Act to the Marines) in subsection (2)(b), (3) and (4) for the words “Royal Marine Forces Volunteer Reserve” there shall be substituted the words “Royal Marines Reserve or”. E+W+S+N.I.

(2) In Schedule 7 to the Army Act 1955 (which adapts that Act to the Marines) in paragraphs 19 and 22 for the words “Royal Marine Forces Volunteer Reserve” there shall be substituted the words “Royal Marines Reserve”.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M25 1955 c. 18.

The Rehabilitation of Offenders Act 1974 E+W+S+N.I.

2 F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

(2) The following entries shall be made in Table B in section 5(2) of the Rehabilitation of Offenders Act 1974 M26 (rehabilitation period for particular sentences)—

(a) after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—

“A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.	Seven years.”

(b) after the second entry relating to such a custodial order—

“A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.	Three years.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5 Sch. 4 para. 2(1) repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

Marginal Citations

M26 1974 c. 53.

The Rehabilitation of Offenders (Northern Ireland) Order 1978 E+W+S+N.I.

3 F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

(2) The following entries shall be made in Table B in Article 6(2) of the rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation period for particular sentences)—

(a) after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—

“A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.	Seven years.”

(b) after the second entry relaitng to a custodial order—

“A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.

Three years.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6 SCh. 4 para. 3(1) repealed (1.10.1996) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

Section 28.

SCHEDULE 5 E+W+S+N.I. Repeals

Annotations:

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Modifications etc. (not altering text)

C13 The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I E+W+S+N.I. Repeals consequent on assimilation of Women’s Services

E+W+S+N.I. Acts of Parliament of the United Kingdom

Chapter	Short Title	Extent of repeal
5 & 6 Geo. 6. c. 8.	The War Orphans Act 1942.	In section 1(4), the words “Nursing Service or other”
6 & 7 Geo. 6. c. 39.	The Pensions Appeal Tribunals Act 1943.	In section 12(1), in the definition of “His Majesty’s naval, military or air forces” the words “the nursing service and” and “other”.
7 & 8 Geo. 6. c. 10.	The Disabled Persons (Employment) Act 1944.	In section 7(1)(c) the words from “or in” to “this Act”.
		In section 16 the words “of the following classes, that is to say (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a).
10 & 11 Geo. 6. c. 44.	The Crown Proceedings Act 1947.	In section 38, subsection (5).
11 & 12 Geo. 6. c. 21.	The Army and Air Force (Women’s Service) Act 1948.	Section 3(1).
12, 13 & 14 Geo. 6. c. 68.	The Representation of the People Act 1949.	In section 46, subsection (2).
12, 13 & 14 Geo. 6. c. 76.	The Marriage Act 1949.	In section 68, in subsection (2), paragraph (d) and subsections (4) and (5).
		Schedule 3.
14 & 15 Geo. 6. c. 10.	The Reinstatement in Civil Employment Act 1950.	In section 1, paragraph (e).
		In section 5(2), paragraph (iii) and the words “or paragraph (iii)”.
		In section 8(1), the definition of “the competent naval, military or air force authority” and, in the definition of “service in the armed forces of the Crown”, the words following “regular forces”.
14 & 15 Geo. 6. c. 65.	The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.	In section 64, subsection (2).
		In Schedule 1, in paragraph 1, sub-paragraph (v).
3 & 4 Eliz. 2. c. 18.	The Army Act 1955.	In section 225(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”.
3 & 4 Eliz. 2. c. 19.	The Air Force Act 1955.	In section 223(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”.
1970 c. 10.	The Income and Corporation Taxes Act 1970.	In section 366(3) the following words, namely, “either”, or women serving in any of the capacities mentioned at the end of this subsection, “or women serving in any of the capacities so mentioned” and the list of capacities entitled “women’s services”.
		In section 366(4), the words “(whether men or women)”.
1970 c. 41.	The Equal Pay Act 1970.	In section 1(9), paragraph (b) and the word “or” immediately preceding it.
		In section 7(1) the words “or of any women’s service administered by the Defence Council” and “or of any such service”.
1974 c. 23.	The Juries Act 1974.	In section 9(1), the words “and others”.
		In Schedule 1, in Part III, the words from “the women’s” to “Nursing Service”.
1974 c. 46.	The Friendly Societies Act 1974.	In section 108, the words from “(which expression” to “Act)”.
		Schedule 8.
1974 c. 52.	The Trade Union and Labour Relations Act 1974.	In section 30(1), in the definition of “worker”, in paragraph (c), the words “or of any women’s service administered by the Defence Council”.
1975 c. 7.	The Finance Act 1975.	In Schedule 7, in paragraph 1, in sub-paragraph (2) the words “was employed as mentioned in sub-paragraph (3) below or” and the words “and not being so employed” and sub-paragraph (3).
1975 c. 65.	The Sex Discrimination Act 1975.	In section 85, in subsection (4), paragraph (b) and the word “or” immediately preceding it and, in subsection (6), the words “or service” and “(a) or (b)”.
1975 c. 71.	The Employment Protection Act 1975.	In section 121(3) the words “or of any women’s service administered by the Defence Council”.
1976 c. 25.	The Fair Employment (Northern Ireland) Act 1976.	In section 50(4), paragraph (a)(ii) and the immediately preceding “and”.
1976 c. 52.	The Armed Forces Act 1976.	In section 4, the words after “effect”. In Schedule 9, paragraph 9.
1976 c. 74.	The Race Relations Act 1976.	In section 75(10)(a) the words “(including any women’s service administered by the Defence Council)”.
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In section 138(3), the words “or of any women’s service administered by the Defence Council”.
		In Schedule 13, in paragraph 19(3), the words “or of any women’s service administered by the Defence Council”.
1980 c. 9.	The Reserve Forces Act 1980.	In Schedule 8, paragraph 5(1)(b) and the immediately preceding “and”.

Acts of the Parliament of Northern Ireland and instruments relating to Northern Ireland
1945 c. 6. (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1945.	In section 16, the words “of the following classes, that is to say : (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a).
		Schedule 1.
1960 c. 4. (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1960.	Section 4.
1965 c. 19. (N.I.)	The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965.	In Schedule 1, in paragraph 11A(3), the words “or of any women’s service administered by the Defence Council”.
1967 c. 32. (N.I.)	The Marriage (Registration of Buildings) Act (Northern Ireland) 1967.	In section 2, in subsection (1), paragraph (d) and subsections (2) and (3). Schedule 1.
1970 c. 32. (N.I.)	The Equal Pay Act (Northern Ireland) 1970.	In section 1(10) paragraph (b) and the word “or” immediately preceding it.
S.I. 1974/2143 (N.I. 6).	The Juries (Northern Ireland) Order 1974.	In Schedule 2, in the entry relating to members of the forces the words from “including” to “Council”.
S.I. 1976/1042 (N.I. 15).	The Sex Discrimination (Northern Ireland) Order 1976.	In Article 82, in paragraph (5), sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph and, in paragraph (7), the words “or service” and “(a) or (b)”.
S.I. 1976/1043 (N.I. 16).	The Industrial Relations (Northern Ireland) Order 1976.	In Article 2(2), in the definition of “worker”, in sub-paragraph (c), the words “or of any women’s service administered by the Defence Council”.
		In Article 79(2) the words “or any women’s service administered by the Defence Council”.
S.I. 1976/1213 (N.I. 22).	The Pharmacy (Northern Ireland) Order 1976.	In Article 5, paragraph 5(b) and the preceding “and”.
S.I. 1976/2147 (N.I. 28).	The Industrial Relations (No. 2) (Northern Ireland) Order 1976.	In Article 62(3), the words “or of any women’s service administered by the Defence Council”.

Nothing in the repeal of a reference in any enactment to any women’s service (or its reserve) shall affect the accrual after the date of the repeal of a right arising under that enactment by virtue of service before that date in that service (or reserve) or the continued validity or the issue after that date of any certificate or other document required to establish a right so arising.

Part II E+W+S+N.I. Other Repeals

Chapter	Short title	Extent of repeal
27 & 28 Vict. c. 24.	The Naval Agency and Distribution Act 1864.	In section 17, the words from “and a percentage” to “by law deducted”.
28 & 29 Vict. c. 73.	The Naval and Marine Pay and Pensions Act 1865.	In section 12, the words “shall be published in the London Gazette and”.
48 & 49 Vict. c. 42.	The Greenwich Hospital Act 1885.	Section 4.
4 & 5 Geo. 5. c. 83.	The Army Pensions Act 1914.	The whole Act (except as mentioned in section 26 of this Act).
21 & 22 Geo. 5. c. 9.	The Colonial Naval Defence Act 1931.	In section 2(1), in paragraph (c), the words from “or of the Royal Naval Reserve” to the end and, in the proviso, the words “and the Royal Naval Volunteer Reserve”.
12 & 13 Geo. 6. c. 18.	The Colonial Naval Defence Act 1949.	In section 1(4), the words “or of the Royal Naval Volunteer Reserve” and the words from “(and in particular” to the end.
3 & 4 Eliz. 2. c. 18.	The Army Act 1955.	In section 82(2)(b), the words “in special circumstances”.
		In section 131(2), the words “and the provisions thereof as to the summary dealing with charges”.
		In section 153(3), the words from “the service of the process” to the end.
		In section 209(3), paragraph (fb).
		In Schedule 7, in paragraph 6, the words “and so much of Part II as relates to forfeiture of service”.
3 & 4 Eliz. c. 19.	The Air Force Act 1955.	In section 82(2)(b), the words “in special circumstances”.
		Section 99(2).
		In section 131(2), the words “and the provisions thereof as to the summary dealing with charges.”
		In section 153(3), the words from “the service of the process” to the end.
		In section 209(3), paragraph (fb).
5 & 6 Eliz. 2. c. 53.	The Naval Discipline Act 1957.	In section 51, in subsection (1) the words “this and” and subsection (2).
		In section 93, the words “death or to”.
		In section 101, subsection (2).
9 & 10 Eliz. 2. c. 52.	The Army and Air Force Act 1961.	Section 24.
		In section 26, subsection (3).
1963 c. 39.	The Criminal Justice (Scotland) Act 1963.	In section 9, subsections (3) and (4).
1976 c. 52.	The Armed Forces Act 1976.	Section 1.
		In Schedule 9, paragraph 12.

1 The following repeals shall come into force on the day this Act is passed— E+W+S+N.I.

(a) the repeals contained in Part I of this Schedule;

(b) the repeals contained in Part II of this Schedule which relate to the Naval Agency and Distribution Act 1864, the Naval and Marine Pay and Pensions Act 1865, the Army Pensions Act 1914, section 93 of the Naval Discipline Act 1957, and Schedule 9 to the Armed Forces Act 1976.

2 The repeal of section 1 of the Armed Forces Act 1976 shall come into force on 1st September 1981 (in accordance with section 1(5) of this Act). E+W+S+N.I.

3 Subject to paragraphs 1 and 2 above, the repeals contained in this Schedule shall come into force in accordance with section 29(1) to (3) of this Act. E+W+S+N.I.