Home Guard Act 1951

Section 1.

SCHEDULE Amendments of Army Act

1 In section forty-two (which provides for the mode of complaint by an officer) after the words " officer ", where it first occurs, there shall be inserted the words " other than a person serving on a commission in the Home Guard ".

2 At the end of section forty-six (which empowers a commanding officer to dispose summarily of charges) there shall be added the following subsection:—

“(10) Notwithstanding anything in the foregoing provisions of this section, the power thereby conferred on a commanding officer to deal with a case summarily shall not be exercisable by or by delegation from a commanding officer serving on a commission in the Home Guard except during a period during which the platoon or other part of the Home Guard to which the person to be dealt with belongs is mustered (as defined in the Home Guard Act, 1951).”

3 (1) In section one hundred and seventy-five (which specifies the persons subject to military law as officers) after paragraph (7) there shall be inserted the following paragraph:—

“(7A) Any person serving on a commission in the Home Guard when on duty (as defined in the Home Guard Act, 1951) or during any period (as so defined) during which the platoon or other part of the Home Guard to which he belongs is mustered (as so defined).”

(2) In section one hundred and seventy-six (which specifies the persons subject to military law as soldiers) after paragraph (8A) there shall be inserted the following paragraph:—

“(8B) All members of the Home Guard, other than any such member who is serving on a commission in that force, but notwithstanding the holding of any rank or commission in any other of His Majesty's forces,—

(a) when on duty (as defined in the Home Guard Act, 1951) or

(b) during any period (as so defined) during which the platoon or other part of the Home Guard to which they belong is mustered (as so defined).”