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

Status:

This is the original version (as it was originally enacted).

1(1)For section eighty-one there shall .be substituted the following section:— Imprisonment and Detention Rules.

81(1)The Admiralty may make rules with respect to all or any of the matters referred to in subsection (1) of section one hundred and twenty-two of the Army Act, 1955, as modified by the following provisions of this section, and accordingly that section as so modified shall apply as if it were herein re-enacted.

(2)The said modifications are—

(a)for references to the Secretary of State there shall be substituted references to the Admiralty,

(b)for references to military custody there shall be substituted references to naval custody,

(c)for references to military sentences of imprisonment and detention there shall be substituted references to sentences of imprisonment or detention passed under this Act,

(d)for references to military establishments there shall be substituted references to any establishment under the control of the Admiralty where persons may be required to serve sentences of imprisonment or detention passed under this Act,

(e)for references to persons subject to military law there shall be substituted references to persons subject to this Act,

(f)for references to sentences of imprisonment or detention awarded under this Act there shall be substituted references to sentences of imprisonment or detention awarded under the Army Act, 1955.

(3)Rules made under this section may contain such incidental and supplementary provisions as appear to the Admiralty to be requisite for the purposes of the rules ",

but any rules in force immediately before the appointed day under the said section eighty-one shall continue in force and have effect as if they had been made under the section hereinbefore set out.

(2)In section eighty-six, after the definition of " Admiralty " there shall be inserted the following definition:—

(3)In section eighty-seven, after the words " belonging to " there shall be inserted the words

or attached to, and at the end of that section there shall be added the following subsections:—

(2)In this section the expression " attached " means attached by virtue of section one hundred and seventy-nine of the Army Act, 1955, or of the Air Force Act, 1955.

(3)The modifications set out in the Schedule to this Act shall have effect in the case of persons who are subject to this Act toy virtue of being so attached as aforesaid.

(4)For section ninety A there shall be substituted the following section:— Powers of command of members of cooperating military or air forces.

90A(1)In so far as powers of command depend on rank, a member of any of Her Majesty's military or air forces (other than a Commonwealth force) who—

(a)is acting with, or

(b)is a member of a body of any of those forces which is acting with,

any body of Her Majesty's naval forces shall have the like such powers as a member of Her Majesty's naval forces of corresponding rank ; and for the purposes of the provisions of this Act relating to superior officers any such member of the said military or air forces shall be treated as if he were a member of Her Majesty's naval forces of corresponding rank.

(2)In this section the expression ' corresponding rank ' in relation to any military or air-force rank means such naval rank or rating as may be declared by order of the Admiralty to correspond therewith.

(5)After section ninety A there shall be inserted the following sections:— Exercise of powers of naval provost marshals by military or air-force provost marshals.

90AA(1)An order made by the Admiralty and the Army Council may authorise military provost marshals, and an order made by the Admiralty and the Air Council may authorise air-force provost marshals, to exercise, in such area in the United Kingdom or elsewhere as may be specified in the order, the powers of naval provost marshals in relation to persons subject to this Act.

(2)Any power exercisable by virtue of this section by a military provost marshal or air-force provost marshal shall be exercisable also by any person legally exercising authority under him or on his behalf:

Provided that nothing in this subsection shall authorise the arrest of an officer otherwise than on the order of another officer.

(3)In this section the expression ' military provost marshal' includes any officer appointed to exercise the functions conferred on provost officers by or under the Army Act, 1955 and the expression 'air-force provost marshal' includes any officer appointed to exercise the functions conferred on provost officers by or under the Air Force Act, 1955. Attachment of members of naval forces to military or air forces.

90AB(1)Any person in or belonging to Her Majesty's navy may be attached temporarily to any of Her Majesty's military or air forces (other than a Commonwealth force).

(2)Regulations made (by the appropriate service authorities may prescribe circumstances in which persons in or belonging to Her Majesty's navy shall be deemed to be attached to any of Her Majesty's military or air forces (other than a Commonwealth force), as the case may toe, under the last foregoing subsection.

(3)In this section the expression " appropriate service authorities" means—

(a)in relation to attachment to any of Her Majesty's military forces, the Admiralty and the Army Council,

(b)in relation to attachment to any of Her Majesty's air forces, the Admiralty and the Air Council.

(4)A person shall not cease to toe subject to this Act by reason only of attachment in pursuance of this section.

(6)At the end there shall be added the following Schedule: Schedule Application of Act to Attached Members of Military and Air Forces Part I Application of Act to Attached Members of Military Forces

1In relation to a member of any of Her Majesty's military forces (other than a Commonwealth force) who is subject to this Act, the following provisions shall have effect.

2References to dismissal with disgrace from Her Majesty's service shall be construed as references to cashiering (in the case of an officer) or discharge with ignominy (in the case of a warrant officer, noncommissioned officer or soldier), references to forfeiture of seniority as an officer as mentioned in paragraph (6) of section fifty-two of this Act shall be construed as references to forfeiture, in such manner as may be prescribed by regulations of the Admiralty, of seniority of rank, either in the army or in the corps to which the offender belongs or in both, and references to disrating shall be construed as references to reduction to the ranks or any less reduction in rank.

3The functions of the Admiralty under paragraph (1) of section fifty-three of this Act may be exercised by the Army Council, and the reference in paragraph (3) of that section to the Admiralty shall include a reference to the Army Council.

4References to any rank or rating shall include references to any military rank declared by order of the Admiralty to correspond with the first-mentioned rank or rating. Part II Application of Act to Attached Members of Air Forces

5In relation to a member of any of Her Majesty's air forces (other than a Commonwealth force) who is subject to this Act the following provisions shall have effect.

6References to dismissal with disgrace from Her Majesty's service shall be construed as references to Cashiering (in the case of an officer) or discharge with ignominy (in the case of a warrant officer, non-commissioned officer or airman), references to forfeiture of seniority as an officer as mentioned in paragraph (6) of section fifty-two of this Act shall be construed as references to forfeiture, in such manner as may be prescribed by regulations of the Admiralty, of seniority of rank, and references to disrating shall be construed as references to reduction to the ranks or any less reduction in rank.

7The functions of the Admiralty under paragraph (1) of section fifty-three of this Act may be exercised by the Air Council, and the reference in paragraph (3) of that section to the Admiralty shall include a reference to the Air Council.

8References to any rank or rating shall include references to any air-force rank declared by order of the Admiralty to correspond with the first-mentioned rank or rating.

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