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Visiting Forces (British Commonwealth) Act 1933

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Commencement Orders bringing legislation that affects this Act into force:

4 Attachment of personnel and mutual powers of command. E+W+S+N.I.

(1)The forces, other than home forces, to which this section applies are the naval, military and air forces of His Majesty raised in the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, . . . . . . F1, the Irish Free State . . . . . . F2

(2)[F3The Defence Council]

(i)may attach temporarily to a home force any member of another force to which this section applies who is placed at their disposal for the purpose by the service authorities of that part of the Commonwealth to which the other force belongs;

(ii)subject to anything to the contrary in the conditions applicable to his service, may place any member of a home force at the disposal of the service authorities of another part of the Commonwealth for the purpose of being attached temporarily by those authorities to a force to which this section applies belonging to that part of the Commonwealth.

(3)Whilst a member of another force is by virtue of this section attached temporarily to a home force, he shall be subject, as the case may be, to the Naval Discipline Act, or to military law . . . . . . F4, or to [F5air-force law], in like manner, and shall be treated and shall have the like powers of command and punishment over members of the home force to which he is attached, as if he were a member of that force of relative rank:

Provided that His Majesty may by Order in Council direct that in relation to members of a force of any part of the Commonwealth specified in the Order, the Naval Discipline Act, [F5the M1Army Act, 1955, or the M2Air Force Act, 1955], as the case may be, shall apply with such exceptions and subject to such adaptations and modifications as may be so specified.

(4)When a home force and another force to which this section applies are serving together, whether alone or not—

(a)any member of the other force shall be treated and shall have over members of the home force the like powers of command as if he were a member of the home force of relative rank; and

(b)if the forces are acting in combination, any officer of the other force appointed by His Majesty, or in accordance with regulations made by or by authority of His Majesty, to command the combined force, or any part therof, shall be treated and shall have over members of the home force the like powers of command and punishment F6. . . as if he were an officer of the home force of relative rank and holding the same command.

(5)For the purposes of this section, forces shall be deemed to be serving together or acting in combination if and only if they are declared to be so serving or so acting by order of [F3the Defence Council], and the relative rank of members of the home forces and of other forces shall be such as may be prescribed by Regulations made by His Majesty.

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Amendments (Textual)

F3Words substituted with saving by S.I. 1964/488

F6Words in s. 4(4)(b) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. I; S.I. 1997/304, arts. 2, 3

Modifications etc. (not altering text)

C1S. 4 applied by enactments listed in Chronological Table of the Statutes; saved by Naval Discipline Act 1957 (c. 53), s. 121(1)

C2Irish Free State now known as the Republic of Ireland: Eire (Confirmation of Agreements) Act 1938 (c. 25), s. 1 and Ireland Act 1949 (c. 41), s. 1

C4S. 4 extended (retrospective to 21. 3. 1990) by Namibia Act 1991 (c. 4, SIF 26:25A), s. 1, Sch. para. 2 (with s. 2(2))

s. 4 extended (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 4

C5S. 4 applied (7.1.2003) by 2002 c. 39, ss. 2, 4(2), Sch. 2 para. 2

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