Air Force Act 1955 (repealed)

210 Application of Act to reserve and auxiliary forces.F11 U.K.

(1) Subject to the provisions of this section, references in Parts II to V of this Act to the regular air force shall include references to the following persons, that is to say—

[F1 (a) officers of the air force reserve when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the air force reserve,]

(b) officers who have retired (within the meaning of any order under section two of the M1 Air Force (Constitution) Act 1917) but are for the time being subject to air-force law, and

[F2 (c) officers of the Royal Auxiliary Air Force when in permanent service, in full-time service, called out for home defence service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the Royal Auxiliary Air Force,]

(d) warrant officers, non-commissioned officers and men of the air force reserve and the Royal Auxiliary Air Force while subject to air-force law;

and references to officers, warrant officers, non-commissioned officers or airmen, or to members or a body, of the regular air force or to illegal absence from that force shall be construed accordingly.

[F3 (2) Subsection (4) of section 17 shall apply to warrant officers, non-commissioned officers and men of the air force reserve and the Royal Auxiliary Air Force as if the references to forfeited service were references to a period of permanent service or, as the case may be, of service as a member of the force concerned, which is to be disregarded under section 98(6) of the Reserve Forces Act 1996.]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (4) The provisions of this Act mentioned in subsection (4A) below shall apply to officers, warrant officers, non-commissioned officers and men of the air force reserve and the Royal Auxiliary Air Force only when they are in permanent service, in full-time service, called out for home defence service or serving on the permanent staff of the air force reserve or the Royal Auxiliary Air Force.

F5 (4A) The provisions referred to in subsection (4) above are—

(a) sections 150 to 153 of this Act;

(b) except insofar as they may be applied by regulations made under section 103(2) of the Reserve Forces Act 1996, the provisions of Part II of this Act relating to the award of stoppages and sections 144 to 149 of this Act.]

[F6 (6) Section 182 of this Act shall not apply at any time to officers, warrant officers, non-commissioned officers or men of the Royal Auxiliary Air Force.]

(7) In the case of a non-commissioned officer or man of the Royal Auxiliary Air Force found guilty of an offence by a court-martial or his commanding officer, Part II of this Act shall apply as if in the scale set out in [F7 section 71(1) there were inserted immediately before paragraph (h)] the following paragraph—

[F7 “(gg)] dismissal from the Royal Auxiliary Air Force”, and as if the punishments specified in [F8 section 76C(2)] of this Act included dismissal from the Royal Auxiliary Air Force:

Provided that if the commanding officer awards such dismissal he shall not award any other punishment.

[F9 (8) An officer of the air force reserve or the Royal Auxiliary Air Force may be attached temporarily to any of Her Majesty’s naval or military forces whether or not he is in permanent service but, if not in permanent service, shall not be so attached except with his consent.]

[F10 (9) In this section—

“full-time service” means service under a commitment entered into under section 24 of the Reserve Forces Act 1996;

“permanent service” means permanent service on call out under any provision of the Reserve Forces Act 1980, the Reserve Forces Act 1996 or any other call-out obligations of an officer.]

Textual Amendments

F1 S. 210(1)(a) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 11(2)(a) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F2 S. 210(1)(c) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 11(2)(b) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F3 S. 210(2) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 11(3) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F4 Ss. 40, 41, 53, 58, 67, 75(3), 81(3), 210(3), Sch. 3 paras. 5, 8, Sch. 6 para. 1(2) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F5 S. 210(4)(4A) substituted for s. 210(4)(5) (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 11(4) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F6 S. 210(6) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 11(5) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F7 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(10)

F8 Words in s. 210(7) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 83; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F9 S. 210(8) substituted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 11(6) (with s. 72(5)); S.I. 1997/305, art. 2(1)

F10 S. 210(9) inserted (1.4.1997) by 1996 c. 14, s. 131(1), Sch. 10 para. 11(7) (with s. 72(5)); S.I. 1997/305, art. 2(1)

Marginal Citations

M1 1917 c. 51.

Textual Amendments applied to the whole legislation

F11 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