Home Guard Act 1951

1 Establishment and status of Home Guard.

(1) There shall be established a force to be called the Home Guard consisting of such persons as may voluntarily undertake to serve therein without pay and be accepted for such service.

(2) Members of the Home Guard shall be members of the armed forces of the Crown; and every member of the Home Guard shall when on duty, and during any period during which the platoon or other part of the Home Guard to which he belongs is mustered, be subject to military law—

(a) if serving on a commission in the Home Guard, as an officer; and

(b) otherwise (and notwithstanding that he holds any rank or commission in any other of His Majesty's forces), as a soldier:

Provided that this subsection shall not render a member of the Home Guard liable to proceedings for an offence under section forty-one of the Army Act (which provides for the punishment under military law of civil offences).

(3) The following provisions shall have effect as to the enrolment, re-engagement and resignation of members of the Home Guard—

(a) a person volunteering and accepted for service in the Home Guard shall be enrolled for a period of two years;

(b) a member of the Home Guard may if he so desires and is accepted for re-engagement re-engage from time to time for a period of one year;

(c) a member of the Home Guard may if he so desires cease to be a member thereof upon giving not less than one month's notice in writing to his commanding officer.

(4) Subject to the provisions of the last foregoing subsection, the conditions for the acceptance of persons as members of the Home Guard and the conditions of service of members thereof (including conditions as to allowances and as to pensions and other grants in respect of death or disablement) shall be such as may be prescribed by orders or regulations; and orders or regulations shall make provision for the organisation of the Home Guard and their administration, government and duties, but shall not require members of the Home Guard—

(a) to give whole-time service, or

(b) to live away from their homes, or

(c) to carry out duties in connection with an industrial dispute,

except during any period during which the platoon or other part of the Home Guard to which they belong is mustered, or during any part of such a period, and shall not require members of the Home Guard to serve outside the United Kingdom.

(5) A person shall not, by reason of his membership of the Home Guard, be rendered incapable of being elected, or of sitting and voting as, a member of the House of Commons.

(6) The Army Act shall, for the purpose of its application to the Home Guard, have effect subject to the amendments set out in the Schedule to this Act.

(7) The expenditure of any Government department incurred in consequence of the coming into operation of this Act shall be defrayed out of moneys provided by Parliament.