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Naval Discipline Act 1957 (repealed)
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Changes over time for: Section 128A
Version Superseded: 31/10/2009
Alternative versions:
- 01/02/1991- Amendment
- 01/02/1991
Point in time - 31/10/2009- Amendment
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Naval Discipline Act 1957 (repealed), Section 128A is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1128A General provisions.F5U.K.
(1)No forfeiture of the pay of any person subject to this Act shall be imposed unless authorised by or under this or some other Act, and no deduction from such pay shall be made unless authorised either by this or some other Act or [F2by or under an Order in Council made under the Naval and Marine Pay and Pensions Act 1865].
(2)[F3Such an Order in Council] shall not authorise the making of any penal deduction, that is to say, a deduction to be made by reason of the commission of any offence or other wrongful act or in consequence of any negligence.
(3)Notwithstanding subsections (1) and (2) above, [F4and without prejudice to the power conferred on Her Majesty in Council by section 3 of the said Act of 1865] the Defence Council may by regulation, order or instruction, make provision for the making of any deduction authorised by Act, as to the time at which and the manner in which sums may be deducted from pay to give effect to authorised deductions or in which amounts may be so deducted in order to recover any fine imposed in pursuance of this Act, as to the appropriation of any such sum or amount when deducted, and for the determination of questions as to forfeitures and deductions.
(4)A person subject to this Act shall, notwithstanding any deduction from his pay but subject to any forfeiture, remain in receipt of pay at not less than such minimum rate as may be prescribed by order of the Defence Council.
(5)Notwithstanding that forfeiture of a person’s pay for any period has been imposed in pursuance of this Act, he may remain in receipt of pay at such minimum rate as aforesaid; but the amount received for that period may be recovered from him by deduction from pay.
(6)Any amount authorised to be deducted from the pay of a person subject to this Act may be deducted from any balance (whether or not representing pay) which may be due to him, and references in this Act to the making of deductions from pay shall be construed accordingly.]
Textual Amendments
F1Ss. 128A-128E inserted by Armed Forces Act 1971 (c. 33), ss. 61(1), 78(4)(b)(5)
F2Words substituted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 9(1)(a)
F3Words substituted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 9(1)(b)
F4Words substituted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 9(1)(c)
Modifications etc. (not altering text)
C1S. 128A(1) modified by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 9(3)
Textual Amendments applied to the whole legislation
F5Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions
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