Army Act 1955 (repealed) (c. 18)

SCHEDULES

SEVENTH SCHEDULEF33 U.K. Provisions as to Royal Marines

Textual Amendments applied to the whole legislation

F33 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

Part IF33 U.K. Enlistment, Service and Discharge

[F1 1 U.K. The provisions of the six following paragraphs shall have effect in substitution for sections 4 to . . . F2 13].

Textual Amendments

F1 Para. 1 substituted by Armed Forces Act 1966 (c. 45), s. 13(1), Sch. 3 para. 3

F2 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

2, 3. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 7 paras. 2, 3, 4(2)(3) repealed with saving by S.I. 1988/1395, reg. 13

[F4 4 (1) The provisions of this and the two next following paragraphs shall have effect as to the prolongationof service of a marine. U.K.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 ]

Textual Amendments

F4 Paras. 4—4B substituted for para. 4 by Armed Forces Act 1966 (c. 45), ss. 13,37(3), Sch. 3 para. 1

F5 Sch. 7 paras. 2, 3, 4(2)(3) repealed with saving by S.I. 1988/1395, reg. 13

4A (1) Where, at the time at which, apart from this paragraph, a marine serving in the Royal Marines would beentitled to be discharged, or would fall to be transferred to the Royal Fleet Reserve, either—

(a) a state of war exists between Her Majesty and any foreign power; or

(b) warlike operations are in preparation or in progress; or

(c) men of the Royal Fleet Reserve are called into actual service; or

(d) he is serving outside the United Kingdom,

he may be retained in service in the Royal Marines for such period as is hereinafter mentioned, andhis service may be prolonged accordingly.

An exercise, by virtue of paragraph (b) above, of the power conferred by this sub-paragraph shall bereported to Parliament forthwith.

(2) No person shall be retained in service in the Royal Marines by virtue of this paragraph later than theexpiration of twelve months after the date on which, apart from this paragraph, he would be entitled to bedischarged.

(3) Subject to the provisions of the last foregoing sub-paragraph, any person who, apart from thisparagraph, would be entitled to be discharged may be retained in service in the Royal Marines for suchperiod as the competent authority may order.

(4) Subject as aforesaid, a person who, apart from this paragraph, would fall to be transferred to the RoyalFleet Reserve may be retained in service in the Royal Marines for such period, ending not later than twelvemonths after the date on which apart from this paragraph he would fall to be transferred to the Royal FleetReserve, as the competent authority may order, or for any further period during which men of the Royal FleetReserve continue called into actual service.

(5) If while a person is being retained in service in the Royal Marines by virtue of this paragraph itappears to the competent authority that his service can be dispensed with, he shall be entitled to bedischarged or transferred to the Royal Fleet Reserve as the case may require.

(6) Where, at the time at which under the foregoing provisions of this paragraph a person is entitled tobe discharged or transferred to the Royal Fleet Reserve, a state of war exists between Her Majesty and anyforeign power, he may, by a declaration made before his commanding officer in a form prescribed byregulations of the Defence Council, agree to continue in service in the Royal Marines while such a stateof war exists; and, if the competent authority approve, he may continue accordingly as if the period forwhich his term of service could be prolonged under the foregoing provisions of this paragraph were a periodcontinuing so long as a state of war exists:

Provided that, if it is so specified in the declaration, he shall be entitled to be discharged ortransferred to the Royal Fleet Reserve, as the case may require, at the expiration of three months’ noticegiven by him to his commanding officer.

(7) In relation to marines serving outside the United Kingdom, references in this paragraph to beingentitled to be transferred to the Royal Fleet Reserve shall be construed as references to being entitledto be sent to the United Kingdom with all convenient speed for the purpose of being transferred to thatReserve.

(8) References in this paragraph to men of the Royal Fleet Reserve being called into actual service arereferences to their being called into actual or permanent service under the authority of an order of HerMajesty made on its appearing to Her that national danger is imminent or a great emergency has arisen, orinto actual service under [F6 section 16(1) of the M1 Reserve Forces Act 1980].

Textual Amendments

F6 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 4

Marginal Citations

M1 1980 c. 9.

4B (1) If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that marines serving in the RoyalMarines who would otherwise fall to be transferred to the Royal Fleet Reserve shall continue in service inthe Royal Marines; and thereupon the last foregoing paragraph shall apply to such persons as it applieswhile men of the Royal Fleet Reserve are called into actual service.

(2) Where an order is made under sub-paragraph (1) above, the occasion thereof shall forthwith becommunicated to Parliament.

(3) An order in force under sub-paragraph (1) above may be revoked by an order of Her Majesty signified astherein mentioned.

5 (1) The following provisions shall have effect as to the discharge and transfer to the Royal Fleet Reserveof marines serving in the Royal Marines.

(2) Save as hereinafter provided, a marine, upon becoming entitled to be discharged or transferred, shallbe discharged or transferred with all convenient speed, but until discharged or transferred shall be treatedas if his period of service in the Royal Marines had not come to an end.

[F7 (2A) Where a marine enlisted in the United Kingdom is, when entitled to be discharged, serving out of theUnited Kingdom, then—

(a) if he requires to be discharged in the United Kingdom, he shall be sent there free of cost with allconvenient speed and shall be discharged on his arrival there or, if he consents to his discharge beingdelayed, within six months from his arrival; but

(b) if at his request he is discharged at the place where he is serving he shall have no claim to be sentto the United Kingdom or elsewhere.

(2B) A marine who is discharged in the United Kingdom shall be entitled to be conveyed free of cost from theplace where he is discharged to the place stated in his attestation paper to be the place where he wasattested or to any place at which he intends to reside and to which he can be conveyed with no greater cost.

(2C) Where a marine, when falling to be transferred to the Royal Fleet Reserve, is serving out of the UnitedKingdom, he shall be sent to the United Kingdom free of cost with all convenient speed and shall betransferred to the Reserve on his arrival there, or if he consents to his transfer being delayed, withinsix months from his arrival:

Provided that if he so requests he may be transferred to the Reserve without being required to returnto the United Kingdom.

(2D) A marine who is transferred to the Reserve in the United Kingdom shall be entitled to be conveyed freeof cost from the place where he is transferred to the place stated in his attestation paper to be the placewhere he was attested or to any place at which he intends to reside and to which he can be conveyed withno greater cost:

Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.]

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5) Where a marine who has, or is reasonably suspected of having, committed an offence under [F9 the M2 Naval Discipline Act 1957] is entitled to be discharged or transferred at a time before he has been tried and punished for theoffence, section one hundred and thirty-one shall with the necessary modifications apply in relation to theoffence as if references therein to a court-martial and to military law included references to a navalcourt-martial and to [F9 the Naval Discipline Act 1957].

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(7) Every marine shall on his discharge be given a certificate of discharge containing such particulars asmay be prescribed [F11 by regulations of the Defence Council].

Textual Amendments

F7 Paras. 5 (2A)—(2D) inserted by Armed Forces Act 1976 (c. 52), s. 3(2), Sch. 1 Pt.II para. 3

F8 Sch. 7 para. 5(3)(4) repealed by Armed Forces Act 1966 (c. 45), ss. 13(1), 37(3), Sch.5

F9 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F10 Sch. 7 para. 5(6) repealed by Army and Air Force Act 1961 (c. 52), Sch. 1 para. 5(2)

F11 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Marginal Citations

M2 1957 c. 53

5A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 7 para. 5A repealed by Armed Forces Act 1976 (c. 52), Sch. 10

6 U.K. Subsections (1) and (2) of section three, . . . F13 , shall not apply to marines.

Textual Amendments

F13 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10 and Armed Forces Act 1981 (c.55), Sch. 5 Pt. II

7 U.K. Section eighteen shall have effect, in relation to men of the Royal Marines, as if references toenlistment included references to re-engagement, and in relation to re-engagement references to thedeclaration mentioned in that section and to attestation or an attestation paper included references to thedeclaration required by sub-paragraph (2) of paragraph 3 of this Schedule.

8 References in section twenty to entry on a regular engagement shall be construed as references to beingenlisted for any such term as is mentioned in head (a) or (b) of sub-paragraph (2) of paragraph 2 of thisSchedule.

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Sch. 7 para. 9 repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

10 U.K. In this Part of this Schedule references to a marine include references to [F15 a warrant officer and] a non-commissioned officer [F16 and the expression “competent authority” means the Defence Council or an officer authorised by regulationsof the Defence Council to act for the purposes of this Part of this Schedule].

Textual Amendments

F15 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(2)(a)

F16 Words added by S.I. 1964/488, Sch. 1 Pt. I

Yn ddilys o 01/05/2001

[F17 10A U.K. Subsection (2) of section 22 applies to the powers to make regulations conferred by this Part of this Schedule as it applies to other powers under Part I of this Act.]

Textual Amendments

F17 Sch. 7 Pt. I para. 10A inserted (1.5.2001) by 1996 c. 46, s. 4(2) (with s. 4(4)); S.I. 2001/1519, art. 2

Part IIF33 U.K. Miscellaneous Adaptations

11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F18 Sch. 7 para. 11 repealed by S.I. 1964/488. Sch. 1 Pt. I

12, 12A. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Sch. 7 paras. 12 and 12A repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

13—15. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 7 paras. 13–15, 17, 20 and 21 repealed by S.I. 1964/488, Sch. 1 Pt. I

16 U.K. In the provisions of this Act relating to confessions of desertion, to forfeitures of and deductionsfrom pay, to evidence, and to the execution of orders and instruments, references . . . F21 to a military authority shall include . . . F21 references . . . F21 to a naval authority.

Textual Amendments

F21 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 Sch. 7 paras. 13–15, 17, 20 and 21 repealed by S.I. 1964/488, Sch. 1 Pt. I

18 U.K. In the provisions of this Act relating to forfeitures of and deductions from pay references to a RoyalWarrant shall include references to an Order in Council; . . . F23 .

Textual Amendments

F23 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

[F24 19 U.K. Except to the extent that they are applied by paragraph 22 below, sections 150 and 151 shall not applyto officers, warrant officers, non-commissioned officers and marines of the Royal Marines, the [F25 Royal Marines Reserve] or the Royal Fleet Reserve.]

Textual Amendments

F24 Para. 19 substituted by Armed Forces Act 1976 (c. 52), s. 3(1), Sch. 1 Pt. I para. 2

F25 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 4 para. 1(2)

20, 21. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Textual Amendments

F26 Sch. 7 paras. 13–15, 17, 20 and 21 repealed by S.I. 1964/488, Sch. 1 Pt. I

22 In this Act the expression “the regular forces” does not include officers, [F27 warrant officers] non-commissioned officers, or marines of the [F28 Royal Marines Reserve], the Royal Fleet Reserve . . . F29 ; but the provisions of section two hundred and eleven shall apply—

(a) to such officers as they apply to officers of any reserve of officers,

(b) to such [F27 warrant officers] non-commissioned officers and marines as they apply to [F27 warrant officers] non-commissioned officers and men of the army reserve.

Textual Amendments

F27 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(2)(b)(c)

F28 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 4 para. 1(2)

F29 Words repealed by Navy, Army and Air Force Reserves Act 1959 (c. 10), Sch.

Part IIIF33 U.K. Transfers

23 U.K. A [F30 warrant officer] non-commissioned officer or marine of the Royal Marines may, with his consent, at any time betransferred by [F31 order of the Defence Council] to another corps of the regular forces; and a warrant officer, non-commissioned officer or soldierserving in a corps of the regular forces other than the Royal Marines may, with his consent, at any timebe transferred by such an order to the Royal Marines.

Textual Amendments

F30 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(2)(b)(c)

F31 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

24 U.K. Where a person is in pursuance of the last foregoing paragraph transferred to the Royal Marines, [F32 or to another corps, the Defence Council], may by order vary the conditions of his service so as to conform to such conditions of service inthe corps to which he is transferred as correspond, as nearly as may be, with the conditions of his serviceimmediately before the transfer.

Textual Amendments

F32 Words substituted by S.I. 1964/488, Sch. 1 Pt. I