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Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955

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The Air Force Reserve Act, 1950 14 Geo. 6. c. 33

14(1)For the words "the Air Force Act" wherever those words occur, except in the phrase " subject to the Air Force Act", there shall be substituted the words

the Air Force Act, 1955,:

Provided that references to transfer to the reserve in pursuance of the Air Force Act shall toe construed as references to transfer to the reserve in pursuance either of the Air Force Act or of the Air Force Act, 1955.

(2)In section three the following subsections shall be substituted for subsections (2) and (3):—

(2)Subject to the provisions of this Act and save as is otherwise prescribed, a man enlisting in the air force reserve shall be attested in the same manner as a recruit in the regular air force, and the following provisions of the Air Force Act, 1955, that is to say.—

(a)section two and the First Schedule (which relate to the mode of enlistment and attestation) ;

(b)section eighteen (which relates to the validity of attestation and enlistment);

(c)section nineteen (which makes recruits punishable for false answers); and

(d)so much of section one hundred and ninety-eight as relates to the attestation paper or a document purporting to toe a copy thereof being evidence,

shall apply in like manner as if they were re-enacted in this Act, with the substitution for the expression ' airman' of the expression ' man' and for the expression ' regular air force' of the expression ' air force reserve'.

(3)A man enlisting in the air force reserve may be attested by a regular officer and the provisions of the Air Force Act, 1955, mentioned in the last foregoing subsection, together also with section sixty-one (which relates to false answers on enlistment), shall in their application to the air force reserve be construed as if the expression ' recruiting officer' included any regular officer.

(3)Section seven shall be omitted.

(4)In section eight, in subsection (3) the words from " and any " to the beginning of the proviso shall be omitted, and at the end of the section there shall be added the following subsection:—

(4)Sections nine and thirteen of the Air Force Act, 1955, so far as they relate to discharge, shall apply to men of the air force reserve called out on permanent service as they apply to airmen of the regular air force, and nothing in the last foregoing subsection shall prejudice the operation of the said sections nine and thirteen as applied by this subsection.

(5)In subsection (1) of section twelve for the words from " an airman " to " however" there shall be substituted the words

in pursuance of the proviso to subsection (2) of section twelve of the Air Force Act, 1955, an airman of the regular air force is transferred to the reserve outside the United Kingdom he shall serve therein subject.

(6)After section twelve there shall be inserted the following section:— Discharge of persons of unsound mind.

12ASection sixteen of the Air Force Act, 1955, shall apply to men of the air force reserve while subject to air-force law as it applies to airmen of the regular air force.

(7)In section fourteen for the words " section twelve " and " section fifteen " wherever they occur there shall be substituted respectively the words

section thirty-seven

and " section thirty-eight" ; in subsection (3) for the words " subject thereto " there shall be substituted the words

subject to air-force law

; and in subsection (5) for the words " Section one hundred and fifty-four " there shall be substituted the words

The provisions of sections one hundred and eighty-six to one hundred and ninety,

for the words " it applies ' there shall be substituted the words

they apply,

and for the words " that section" there shall be substituted the words

those provisions.

(8)In section fifteen, in subsection (3) for the words "paragraph (3) of section one hundred and fifty-three of the Air Force Act" there shall be substituted the words

paragraph (c) of subsection (1) of section one hundred and ninety-two of the Air Force Act, 1955,.

(9)In section seventeen, in paragraph (c) of subsection (1) and in subsection (2) for the words " subject to the Air Force Act" there shall be substituted the words

subject to air-force law.

(10)In section eighteen, for subsections (2) and (3) there shall be substituted the following subsections:—

(2)Sections two hundred and eighteen and two hundred and nineteen of the Air Force Act, 1955 (which relate to the jurisdiction of courts and the disposal of summary fines) shall apply for the purposes of offences under this Act.

(3)Notwithstanding anything contained in any other Act, the minimum fixed by this Act for the amount of any fine or the term of any imprisonment shall be duly observed by courts of summary jurisdiction and shall not be reduced by way of mitigation or otherwise; but where the said minimum exceeds the maximum which such a court has power to inflict (whether by reason of its constitution or by reason of the place where it is sitting) the said maximum shall be deemed, in proceedings before that court, to be substituted for the minimum fixed by this Act",

and in subsection (4) the words from " or an offence" to " personation " shall be omitted.

(11)In section twenty, in subsection (1), for the words " subject to the Air Force Act" in each place where they occur there shall be substituted the words

subject to air-force law,

for the words "court of inquiry under section seventy-two" there shall be substituted the words

board of inquiry under section one hundred and thirty-five, and for the words " that section " there shall be substituted the words " section one hundred and thirty-six of that Act.

(12)In section twenty-one, in subsection (1) for the words " one hundred and sixty-three " there shall be substituted the words

one hundred and ninety-eight,

and at the end of the subsection there shall be inserted the words

and subsection (3) of section one hundred and eighty-nine of that Act (which relates to evidence in cases of desertion and absence without leave) shall apply to proceedings under this Act for offences contrary to subsection (1) or (2) of section fourteen of this Act,

and in subsection (2) for the words " one hundred and sixty-four " there shall be substituted the words

one hundred and ninety-nine

and for the words " subject to that Act" and the words " subject to the said Act" there shall be substituted the words

subject to air-force law.

(13)In section twenty-two, in subsection (1) for the words " one hundred and forty-three " there shall be substituted the words

one hundred and eighty-four.

(14)In section twenty-seven for the words "Part II of the Air Force Act" there shall be substituted the words

Part I of the Air Force Act, 1955, and after the definition of "prescribed" there shall be inserted—

and subsection (4) shall be omitted.;

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