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Army and Air Force Act 1961

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This is the original version (as it was originally enacted).

13Provisions as to forfeiture of service in certain cases

(1)Where on conviction by a court-martial any of an airman's service is forfeited in consequence of subsection (1) of section seventeen of the Air Force Act, 1955 (forfeiture of service for desertion) Or that subsection and an award of a court-martial under Part II of that Act, and the right conferred by subsection (1) of section nine of this Act to determine his service ceased in his case to be exercisable before the day of the sentence, the forfeiture shall not operate to confer on him any further such right under the last-mentioned subsection.

(2)Where service of any description forfeited as mentioned in the foregoing subsection is restored under subsection (4) of the said section seventeen to a person who, at the time of the restoration, is serving, or subsequently serves, on terms which entitle him to the right conferred by subsection (1) of section nine of this Act, the restoration shall not operate to alter the date on which, by reason of the operation of subsection (2) of the said section seventeen, his air-force service may be determined in pursuance of an exercise of that right.

(3)Nothing in the said section seventeen shall require a person whose term of enlistment has been extended under paragraph (a) of subsection (2) of section nine of this Act or paragraph (c) of subsection (1) of section eleven thereof so as to end at a specified time to serve for any period after that time.

(4)This section shall apply in relation to the forfeiture of service by virtue of section eighty-one of the Air Force Act, 1955 (forfeiture of service in case of confession of desertion on direction of Air Council or officer provided by Queen's Regulations that offence shall not be tried by court-martial or dealt with summarily) as it applies in relation to forfeiture of service on conviction by a court-martial, subject to the modification that, for any reference to the day of the sentence, there shall be substituted a reference to the day on which the direction under that section was given.

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