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Polish Resettlement Act 1947

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This is the original version (as it was originally enacted).

9Provisions as -to discipline and internal administration of certain Polish-forces

(1)The Polish forces mentioned in paragraphs (a) and (b) of subsection (1) of section one of this Act shall be under the command of a person of British nationality appointed by the Secretary of State, being a person holding or having held a rank not below that of Major-General in the Army or a corresponding rank in another of the Armed Forces of the Crown, who shall be called the Administrator of Polish forces under British command and is in this section referred to as " the Administrator.

(2)Members of the said forces shall be under obligation to observe, in matters concerning their discipline and internal administration, the rules in force as to those matters under the law of Poland on the first day of January, nineteen hundred and forty-five, and a member of any of the said forces who contravenes or fails to observe any of the said rules in relation to which a punishment is thereby prescribed shall be guilty of an offence against this section and shall, on conviction thereof in accordance with the provisions of this section, be liable, subject to the provisions of this section, to the punishment prescribed by those rules:

Provided that no person shall be liable by virtue of this section to the punishment of death.

(3)Jurisdiction to try members of the said forces alleged to be guilty of such contravention or failure as aforesaid, and to award sentence on conviction thereof, shall be vested in the Administrator and shall be exercisable by him in accordance with such procedure and in such manner as he may determine, and he shall have power for the purposes of his jurisdiction under this subsection to administer oaths.

(4)The Administrator may exercise in relation to members of the said forces all such powers as are conferred by the said rules on naval, military and air force courts and authorities.

(5)The Administrator may delegate, generally or in particular cases, to such person or persons as he may think fit, being an officer or officers serving or having served in the said forces or in any of the Armed Forces of the Crown, power to do things that are within his jurisdiction or power under the two last preceding subsections, and any such delegation may limit the exercise of a jurisdiction or power so delegated as respects the measure of punishment that may be awarded thereunder or in any other respect, or make it subject to confirmation or review by another such person or persons or by himself or to any other conditions, and may include power to sub-delegate :

Provided that no person shall be imprisoned, or shall be held in detention for any period longer than three months, pursuant to any sentence of imprisonment or detention awarded in exercise of any jurisdiction or power delegated as aforesaid unless the sentence is confirmed by the Administrator.

(6)His Majesty may by Order in Council provide for the application to the said forces, subject to such adaptations, modifications and exceptions as may be provided by the Order, of subsections (2) to (5) of section one, section two and subsections (2) and (4) of section three of the Visiting Forces (British Commonwealth) Act, 1933, and any Order made under this subsection may be varied-or revoked by a subsequent Order in Council.

(7)In the case of any act or omission constituting an offence against this section which also constitutes an offence apart from this section, nothing in the preceding provisions of this section or done thereunder shall affect any jurisdiction to try a member of the said forces for the offence apart from this section in respect of such an act or omission, and when a member of the said forces has been convicted or acquitted on such trial there shall be no jurisdiction to try him under this section in respect of the same act or omission.

(8)As respects any period between the first day of January, nineteen hundred and forty-five and the passing of this Act, the powers conferred by subsection (1) of section one of the Allied Forces Act, 1940, shall be deemed to have been exercisable in relation to the said forces by reference to the law of Poland in force on that day and as if the said forces had not ceased to be recognised by the Government of Poland, and any Order in Council made under or by virtue of that Act shall be deemed to have had effect accordingly.

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