Armed Forces Act 1966 (repealed)

Amendments applicable to M1 Naval Discipline Act 1957 only U.K.

Marginal Citations

M1 1957 c. 53.

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 8(2), 21, 22, 27(1), 32 repealed with savings by Armed Forces Act 1971 (c. 33), s. 78(4)(a), Sch. 4 Pt. I

33 Persons whose duty it is, for purposes of Naval Discipline Act 1957, to sign certificates of arrest or surrender of absentees or deserters. U.K.

Section 110(2) of the M2 Naval Discipline Act 1957 (which requires certificates of arrest of deserters and absentees brought before a court of summary jurisdiction to be signed by a justice of the peace) and section 47(2) thereof (which provides that in proceedings under that Act such a certificate purporting to be signed by a justice of the peace shall be evidence of the matters therein contained) shall, as regards certificates issued after the coming into force of this section, have effect—

(a) in their application to England and Wales, with the substitution, for references to a justice of the peace, of references to a justice of the peace or the clerk of the court;

(b) in their application to Scotland, with the substitution, for references to a justice of the peace, of references to the clerk of court;

(c) in their application to Northern Ireland, with the substitution, for references to a justice of the peace, of references to a resident magistrate or the clerk of the petty sessions for the petty sessions district in which the court sat;

(d) in their application to the Isle of Man, with the substitution, for references to a justice of the peace, of references to a justice of the peace or the clerk of the court;

(e) in their application to the Islands of Jersey and Guernsey, with the substitution, for references to a justice of the peace, of references to a magistrate or a person for the time being authorised to act as a magistrate;

(f) in their application to Alderney, with the substitution, for references to a justice of the peace, of references to the chairman of the Court of Alderney or the person for the time being authorised to act as chairman of that Court;

(g) in their application to Sark, with the substitution, for references to a justice of the peace, of references to the Seneschal or the Deputy Seneschal;

(h) in their application to any of the following, that is to say,—

(i) a colony;

(ii) a territory under Her Majesty’s protection;

(iii) a territory for the time being administered by Her Majesty’s Government in the United Kingdom under the trusteeship system of the United Nations;

(iv) a country or territory consisting of two or more of any of the following units, namely, colonies, territories under Her Majesty’s protection and territories administered as aforesaid;

with the substitution, for references to a justice of the peace, of references to a magistrate or the official (by whatever designation known) who exercises in the court functions similar to those exercised in England by the clerk of a court of summary jurisdiction.

Marginal Citations

M2 1957 c. 53.

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 11, 34 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

35 Amendments as to trial by civil court after trial under Naval Discipline Act 1957, and trial under that Act after trial by civil court. U.K.

(1) In subsection (1) of section 129 of the Naval Discipline Act 1957 (which provides that a person subject to as that Act who is acquitted or convicted of an offence on trial thereunder shall not be tried subsequently by a civil court the same offence) and subsection (2) of that section (Which, contains provision whereby the trial under that Act of a person subject thereto is barred where he has been acquitted or convicted by a civil court for the same offence) for the words “for the same offence” there shall be substituted the words “ for tne same, or substantially the same, offence ”.

(2) The said subsection (2) shall be extended so that the reference to a civil court in the said provision contained therein shall have effect as a reference to such a court in any country, and accordingly after the words “civil court”, in the first place where they occur in that subsection, there shall be inserted the words “ wherever situated ”.

Modifications etc. (not altering text)

C1 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

36 Definition of “Her Majesty’s forces” and amendment of definition of “enemy”. U.K.

In section 135(1) of the Naval Discipline Act 1957, after the definition of “Governor” there shall be inserted the following paragraph:—

““Her Majesty’s forces” includes forces raised under the law of a colony but does not include a force of any of Commonwealth country”

(2) In the said Act of 1957 the expression “enemy” shall be extended to include, as well as persons engaged in armed operations against Her Majesty’s forces, a person so engaged against any forces co-operating with Her Majesty’s forces, and accordingly, in the said section 135(1) in the definition of the expression “enemy”, after the words “Her Majesty’s forces”, there shall be inserted the words “ or any forces co-operating therewith ”.

Modifications etc. (not altering text)

C2 The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.