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Army and Air Force Act 1961

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This is the original version (as it was originally enacted).

15Transitional provisions relating to sections 8 to 14

(1)The following provisions of this section shall have effect for the purposes of the application of sections eight to fourteen of this Act to the case of any person who is in air-force service immediately before the coming into operation of sections eight to fourteen of this Act (hereafter in this section referred to as " an existing airman ").

(2)The repeal by the last foregoing section of sections four to eight of the Air Force Act, 1955, shall not affect the term of service (either as respects duration, or as respects liability to air-force service or any liability to serve in the reserve) for which an existing airman is serving immediately before the coming into operation of sections eight to fourteen of this Act, and subsections (1) to (3) and subsection (5) of section eight of this Act shall not apply to an existing airman.

(3)Subsection (4) of section eight of this Act shall have effect in relation to an existing airman who enlisted before he attained the age of eighteen years but after he had attained the minimum age for man's service within the meaning of the Air Force Act, 1955, with the modification that the expression " relevant date " shall mean the date of his attestation.

(4)An existing airman who has been re-engaged for a further period of air-force service by virtue of paragraph (a) of subsection (1) of section seven of the Air Force Act, 1955, shall be treated for the purposes of subsection (2) of section nine of this Act and of sections ten to twelve of this Act as if on the date of his attestation section eight of this Act had been in force and he had enlisted on a long-term enlistment.

(5)In relation to an existing airman (other than such a one as is mentioned in the last foregoing subsection) subsection (1) of section ten of this Act shall have effect as if, after the words " on the date of his attestation ", there were inserted the words

section eight of this Act had been in force and.

(6)In relation to an existing airman, any reference in section eleven or section 'twelve of this Act to the term of a person's enlistment—

(a)shall, if the term for which he enlisted has been extended under subsection (1) of section five of the Air Force Act, 1955, and he is serving on that term as so extended, include a reference to that term as so extended ;

(b)shall, if he is serving on a term for which he has re-entered under subsection (2) of section six of the Air Force Act, 1955, 'be construed as a reference to the term for which he so re-entered ;

(c)shall, if he is serving on a term for which he has been re-engaged by virtue of paragraph (b) or paragraph (c) of subsection (1) of section seven of the Air Force Act, 1955, be construed as a reference to the term for which he was so re-engaged.

(7)Sections nine to eleven of this Act shall not apply to an existing airman continued in service under section eight of the Air Force Act, 1955, but such an airman may claim his discharge at the expiration of any period of three months beginning with the date on which he gives to his commanding officer within the meaning of the Air Force Act, 1955, notice of his wish to be discharged.

(8)In so far as any application made under any of sections five to eight of the Air Force Act, 1955, could have been made under a corresponding provision of any of sections nine to twelve of this Act, it shall not be invalidated by the repeal by this Act of the said sections five to eight, but shall have effect as if made under that corresponding provision.

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