Army Act 1955 (repealed)

Supplemental provisionsF36 U.K.

Textual Amendments applied to the whole legislation

F36 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

220 Jurisdiction of courts. U.K.

(1) In the United Kingdom or any colony, a civil court of any description having jurisdiction in the placewhere an offender is for the time being shall have jurisdiction to try him for any offence to which thissection applies which is triable by a court of that description notwithstanding that the offence wascommitted outside the jurisdiction of the court:

Provided that such an offence committed in any part of the United Kingdom shall not be triable outsidethat part of the United Kingdom.

(2) The offences to which this section applies are offences against any of the following sections of thisAct, that is to say, section nineteen, section one hundred and sixty-one, section one hundred andseventy-one, and sections one hundred and ninety-one to one hundred and ninety-seven; and references in thissection to a part of the United Kingdom are references to England and Wales, Scotland or Northern Ireland.

221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 221 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

222 Provisions as to summary fines in Colonies. U.K.

In the application of this Act to any colony, there shall, if the law of the colony so provides, besubstituted for the amount of any fine specified in this Act, being a fine which may be imposed on summaryconviction, such amount as may be provided by that law; and it shall be competent for the law of any colonyto declare what amount of the local currency is to be treated for the purposes of this Act as equivalentto any amount of money specified in this Act.

223 Execution of orders, instruments, etc. U.K.

Save as expressly provided by any rules or regulations under this Act, any order or determinationrequired or authorised to be made under this Act by any military, naval or air-force officer or authoritymay be signified under the hand of any officer authorised in that behalf; and any instrument signifying suchan order or determination and purporting to be signed by an officer stated therein to be so authorised shallunless the contrary is proved be deemed to be signed by an officer so authorised.

224 Provisions as to active service. U.K.

(1) In this Act the expression “on active service”, in relation to a force, means that itis engaged in operations against an enemy or [F2 is engaged elsewhere than in the United Kingdom in operations for the protection oflife or property] or (subject to the provisions of this section) is in military occupation of a foreign country, andin relation to a person means that he is serving in or with a force which is on active service.

(2) Where any of Her Majesty’s military forces is serving outside the United Kingdom, and it appears to theappropriate authority that, by reason of the imminence of active service or of the recent existence ofactive service, it is necessary for the public service that the force should be deemed to be on activeservice, the appropriate authority may declare that for such period, not exceeding three months, beginningwith the coming into force of the declaration as may be specified therein that force shall be deemed to beon active service.

(3) Where it appears to the appropriate authority that it is necessary for the public service that theperiod specified in a declaration under the last foregoing subsection should be prolonged or, if previouslyprolonged under this subsection, should be further prolonged, the appropriate authority may declare thatthe said period shall be prolonged by such time, not exceeding three months, as may be specified in thedeclaration under this subsection.

(4) If at any time while any force—

(a) is on active service by reason only of being in military occupation of a foreign country; or

(b) is deemed to be on active service by virtue of the foregoing provisions of this section,

it appears to the appropriate authority that there is no necessity for the force to continue to betreated as being on active service, the appropriate authority may declare that as from the coming intooperation of the declaration the force shall cease to be, or to be deemed to be, on active service.

(5) Before any declaration is made under this section, the appropriate authority shall, unless satisfiedthat it is not possible to communicate with sufficient speed with the Secretary of State, obtain the consentof the Secretary of State to the declaration; and in any case where that consent has not been obtainedbefore the making of a declaration under this section the appropriate authority shall report the makingthereof to the Secretary of State with the utmost practicable speed.

(6) The Secretary of State may, if he thinks fit, direct that any declaration whereby any force is deemedto be, or to continue, on active service shall cease to have effect as from the coming into force of thedirection; but any direction under this subsection shall be without prejudice to anything done by virtueof the declaration before the coming into force of the direction.

(7) A declaration under this section shall have effect not only as respects the members of the force towhich it relates but also as respects other persons the application to whom of any provisions of this Actdepends on whether that force is on active service.

(8) In this section the expression “the appropriate authority” means—

(a)

F3 (b) in relation to any force F4 , the general officer or brigadier commanding the force, so however that wherethe force is under the command of a flag officer or air officer that officer shall be the appropriateauthority.

(9)

F5 (10) Any declaration or direction under this section shall come into operation on being published in generalorders.

Textual Amendments

F2 Words substituted by Armed Forces Act 1966 (c. 45), s. 20

F3 S. 224(8)(a) repealed by Armed Forces Act 1966 (c. 45), s. 20, Sch. 5

F4 Words repealed by Armed Forces Act 1966 (c. 45), ss. 20, 37(3), Sch. 5

F5 S. 224(9) repealed by Armed Forces Act 1966 (c. 45), ss. 20, 37(3), Sch. 5

225 General provisions as to interpretation. U.K.

(1) In this Act:—

• “acting rank” means rank of any description (however called) such that under Queen’sRegulations a commanding officer has power to order the holder to revert from that rank, “actingwarrant officer” and “acting non-commissioned officer” shall be construedaccordingly, F6 ;

• “active service” shall be construed in accordance with the last foregoing section;

• “aircraft” means any machine for flying, whether propelled by mechanical means or not, andincludes any description of balloon;

• “aircraft material” includes—

(a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in,aircraft;

(c) any other gear, apparatus or instruments in, or for use in, aircraft;

(d) any apparatus used in connection with the taking-off or landing of aircraft or for detecting themovement of aircraft; and

(e) any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft oraircraft material;

• [F7 “air signal” means any message, signal or indication given, by any means whatsoever, forthe guidance of aircraft or a particular aircraft];

• “appropriate superior authority” [F8 means a person who may act as an appropriate superior authority by virtue of]subsection (2) of section eighty-two of this Act;

• “arrest” includes open arrest;

• “before the enemy”, in relation to a person, means that he is in action against the enemyor about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;

• “civil court” means a court of ordinary criminal jurisdiction but does not, except whereotherwise expressly provided, include any such court outside Her Majesty’s dominions;

• “civil offence” has the meaning assigned to it by subsection (2) of section seventy of thisAct;

• “commanding officer” has the meaning assigned to it by subsection (1) of section eighty-twoof this Act;

• [F9 “Commonwealth force” means any of the naval, military or air forces of Canada, theCommonwealth of Australia, New Zealand, [F10 South Africa]India, [F11 Pakistan,] Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidadand Tobago, Uganda, Kenya, Zanzibar, Malawi, Zambia, Malta, The Gambia, Guyana, Botswana, Lesotho,Singapore, Barbados, Mauritius, Swaziland, Tonga, Fiji, the Bahamas, Bangladesh, Grenada, Seychelles,Solomon Islands, Tuvalu, Dominica, Saint Lucia, Kiribati, Saint Vincent and the Grenadines, Papua NewGuinea, Western Samoa, Nauru, the New Hebrides, Zimbabwe, Belize or Antigua and Barbuda [F12 or Saint Christopher and Nevis][F13 or Brunei or Maldives][F14 or Namibia]];

• “constable” includes any person (whether within or outside the United Kingdom) havingpowers corresponding with those of a constable;

• “corps” means any such body of [F15 Her Majesty’s military forces] as may from time to time be declared by warrant of Her Majesty to be a corps for the purposes of thisAct;

• “corresponding civil offence” has the meaning assigned to it by subsection (2) of sectionseventy of this Act;

• “corresponding rank,” in relation to any rank or rating of any of Her Majesty’s naval,military or air forces, means such rank or rating of any other of those forces as may be declared by Queen’sRegulations to correspond therewith;

• [F16 “court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;]

• “court-martial,” except where it is otherwise expressly provided, means a court-martialunder this Act;

• “damage” includes destruction, and references to damaging shall be construed accordingly;

• “decoration” includes medal, medal ribbon, clasp and good-conduct badge;

• “desertion” shall be construed in accordance with subsection (2) of section thirty-sevenof this Act;

• “enemy” includes all persons engaged in armed operations against any of Her Majesty’sforces, [F17 or any forces co-operating therewith] and also includes all armed mutineers, armed rebels, armed rioters and pirates;

• “Governor” means, in relation to any colony, the officer, however styled, who is for thetime being administering the government of the colony F18 , but where two or more colonies or the parts of any colony are under localgovernments and also under a central government, references to the Governor shall be construed as referencesto the officer, however styled, who is for the time being administering the central government;

• [F19 “handles” has the same meaning as in the M1 Theft Act 1968];

• “Her Majesty’s air forces", “Her Majesty’s military forces" or “Her Majesty’s navalforces"F20 , except where otherwise expressly provided, does not include any Commonwealthforce [F21 and references to “Her Majesty’s forces”, except in sections F22 177, shall be construed accordingly];

• [F23 “the judge advocate” has the meaning assigned to it by section 84B(1) of this Act;]

• except where the context otherwise requires “oath” includes affirmation, and referencesto swearing shall be construed accordingly;

• “property” includes real property in England or Wales or Northern Ireland, heritableproperty in Scotland, and property outside the United Kingdom of the nature of real property;

• [F24 “the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;]

• “provost officer” means a provost marshal or officer appointed to exercise the functionsconferred by or under this Act on provost officers and includes a naval provost marshal, an assistant toa naval provost marshal, and an officer appointed to exercise functions conferred by or under the M2 Air Force Act 1955, and corresponding with those of a provost officer under this Act;

• “public property” means any property belonging to any department of Her Majesty’sGovernment in the United Kingdom or the Government of Northern Ireland or held for the purposes of any suchdepartment;

• “Queen’s Regulations” means the Queen’s Regulations for the Army;

• “regular forces” means any of Her Majesty’s military forces other than the army reserve,the Territorial Army F25 . . ., and other than forces raised under the law of a colony, so howeverthat an officer of any reserve of officers, or an officer who is retired within the meaning of any RoyalWarrant, shall not be treated for the purposes of this Act as a member of the regular forces save in so faras is expressly provided by this Act;

• “Royal Warrant” means the warrant or warrants of Her Majesty for the time being in forcefor regulating the pay and promotion of the army;

• F26 . . .

• “service”, when used adjectivally, means belonging to or connected with Her Majesty’smilitary forces or any part of Her Majesty’s military forces;

• [F27 “service law” means military law, air-force law or the M3 Naval DisciplineAct 1957;]

• “service property” includes property belonging to any joint association or territorial armyassociation within the meaning of [F28 the M4 Reserve Forces Act 1980], or to the Navy, Army and Air Force Institutes;

• “ship” includes any description of vessel;

• [F29 “steals” has the same meaning as in the M5 Theft Act 1968, and referencesto “stolen goods” shall be construed as if contained in that Act];

• “stoppages” means the recovery, by deductions from the pay of the offender, of a specifiedsum by way of compensation F30 . . ..

[F31 (1A) Any reference in this Act to Her Majesty’s aircraft is a reference to aircraft in the service of HerMajesty, whether belonging to Her Majesty or not, but does not include a reference to aircraft of aCommonwealth force other than aircraft placed at the disposal of Her Majesty for service with any of HerMajesty’s forces, and any reference to aircraft material shall be construed accordingly.

(1B) Any reference in this Act to Her Majesty’s ships is a reference to ships in the service of Her Majesty,whether belonging to Her Majesty or not, but does not include a reference to ships of any Commonwealthforce other than ships placed at the disposal of Her Majesty for service with any of Her Majesty’s forces].

[F32 (1C) References in this Act, in relation to any of Her Majesty’s forces, to an officer holding acommission include references to a person to whom a commission is required to be issued; and for thepurposes of this Act, where a commission issued to any person takes effect from a date earlier than the dateof its issue, that earlier date shall be conclusively presumed to be the date on which the requirement toissue the commission arose.]

(2) References in this Act to warrant officers, non-commissioned officers or men of the army reserve beingcalled out on permanent service are references to their being so called out whether in pursuance of [F33 section 10 of the M6 Reserve Forces Act 1980] or not, but in Part I of this Act and subsection (2) of section one hundred and sixty-seven thereofdo not include references to their being called out [F34 in pursuance of section 11 of or paragraph 16(1) or (2) or (3) of Schedule 8 to the M7 Reserve Forces Act 1980].

(3) Any power conferred by this Act to make provision by regulations, rules or other instrument shallinclude power to make that provision for specified cases or classes of cases, and to make differentprovision for different classes of cases, and for the purposes of any such instrument classes of cases maybe defined by reference to any circumstances specified in the instrument.

(4) Any power conferred by the foregoing provisions of this Act to make an order shall be construed asincluding power, exercisable in the like manner and subject to the like provisions, to vary or revoke theorder.

Textual Amendments

F6 Words repealed by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(d)

F7 Definition inserted by Army and Air Force Act 1961 (c. 52), Sch. 2

F8 S. 225(1): words in definition of “appropriate superior authority" substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(a); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F9 Definition of “Commonwealth force" printed as amended by enactments listed in Chronological Table of the Statutes, Belize Act 1981 (c. 52), Sch. 2 para. 1 and S.I. 1981/1105, Sch. para.2(b) S 2

F10 S. 225(1): words in definition of “Commonwealth force" inserted (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 3

F11 Word inserted (retrospectively 1.10.1989) by Pakistan Act 1990 (c. 14, SIF26:30), s. 1, Sch. para. 3

F12 Words added by S.I. 1983/882, art. 5, Sch. para. 1

F13 Words added by Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 1, Sch. para. 4

F14 Words in s. 225(1) added (retrospective to 21.3.1990) by Namibia Act 1991 (c. 4, SIF 26:25A), s. 1, Sch. para. 2 (with s. 2(2))

F15 Words substituted by Army and Air Force Act 1961 (c. 52), Sch. 2

F16 S.225(1): definitions of “court administration officer" and “the court administration officer" inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F17 Words inserted by Armed Forces Act 1966 (c. 45), s. 28(4)

F18 Words repealed by Zanzibar Act 1963 (c. 55), Sch. 3

F19 Definition inserted by Theft Act 1968 (c. 60), Sch. 2 Pt. II

F20 Words repealed with saving by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. I

F21 Words added by Armed Forces Act 1966 (c. 45), s. 28(1)(4)

F22 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F23 S. 225(1): definition of “the judge advocate" inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(c); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F24 S. 225(1): definition of “the prosecuting authority" inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 74(d); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F25 S. 225(1): words in definition of “regular forces" repealed (1.4.1997) by virtue of 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F26 S. 225(1): definition of “Rules of Procedure" repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. IV para. 74(e), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F27 Definition inserted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(11)

F28 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F29 Definition substituted by Theft Act 1968 (c. 60), s. 33(2), Sch. 2 Pt. II

F30 Words in s. 225(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 7(2), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.

F31 S. 225(1A)(1B) inserted by Armed Forces Act 1966 (c. 45), s. 27(2)

F32 S. 225(1C) inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF7:1), s. 16(1), Sch. 1 para. 10(1)

F33 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(a)

F34 Words substituted by virtue of Reserve Forces Act 1966 (c. 30), Sch. 1 para. 35 and Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(b)

Modifications etc. (not altering text)

C1 S. 225(2) excluded by Reserve Forces Act 1980 (c. 9), s. 83

Marginal Citations

M1 1968 c. 60.

M2 1955c. 19.

M3 1957 c. 53.

M4 1980 c. 9.

M5 1968 c. 60.

M6 1980 c. 9.

M7 1980 c. 9.

226 Short title, commencement and duration. U.K.

(1) This Act may be cited as the Army Act 1955.

(2)—(5)F35

Textual Amendments

F35 S. 226(2)–(5) repealed by Army and Air Force Act 1961 (c. 52), s. 1(5)