Armed Forces Act 1981
1981 c. 55
An Act to continue the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957; to amend those Acts and other enactments relating to the armed forces; to confer new powers for the temporary detention abroad of servicemen or civilians subject to those Acts suffering from mental disorder or the children of service and certain civilian families in need of care or control; to complete the assimilation for statutory purposes of the women’s services with the rest of the armed forces; to amend the Patents Act 1977 in relation to inventions by members of the armed forces; to abolish the office of Accountant General of the Navy; to make further provision in relation to the naval prize cash balance; and for connected purposes.
Act: power to amend conferred (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 381, 383(2); S.I. 2007/1442, art. 2(2)
Part I Continuance of Services Acts
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Part II Trial and Punishment of Offences
F252 Young service offenders: custodial orders.
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F253 Power to stay further proceedings under one of the Services Acts with a view to other proceedings.
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F254 Marines: forfeiture of service where desertion confessed.
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F255 Power on reveiw or confirmation to annul the taking into consideration of other offences.
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F256 Trial of persons ceasing to be subject to service law and time limits for trials.
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F257 Extent of accused’s right to copy of record of court-martial proceedings.
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F258 Right of penalised parent or guardian to copy of record of court-martial proceedings.
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F1410 Amendments relating to trial and punishment of civilians under the Services Acts.
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F1511 Minor amendments and repeals relating to procedure and evidence.
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12 Increase in fine for certain minor offences under the Reserve Forces Act 1980 M1. C1
In section 143(1) of the Reserve Forces Act 1980 (fine not exceeding £5 for member of Ulster Defence Regiment for failure to attend or comply with orders, etc.) for “£5” there shall be substituted “£50”.
Part III Miscellaneous
New powers in relation to persons under incapacity
F1613 Temporary removal to and detention for treatment in service hospitals abroad of servicemen and others suffering from mental disorder.
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Amendments of the Services Acts relating to evidence and proceedings thereunder
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F2619 Officers who can take affidavits and declarations abroad.
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20 Women’s services: statutory assimilation and application thereto of certain enactments.
1
Parts I and II of Schedule 3 to this Act shall have effect for the purpose of completing the assimilation for all purposes of the statute law of the women’s services administered by the Defence Council with the military, naval and air forces of the Crown in or with which their members serve.
2
Part III of that Schedule shall have effect for the purpose of applying to the members of Queen Alexandra’s Royal Naval Nursing Service F4. . . provisions of the M2Armed Forces Act 1966 applicable to ratings in the Royal Navy relating to discharge from service and to false statements made on entry into service.
C23
The Reserve Forces Act 1980 M3 shall have effect, and be deemed always to have had effect, with the substitution, in section 156(3) (application of the Act to women as to men), for the words “so far as it relates to the military and air forces” of the words “except so much of it as relates to the Royal Fleet Reserve and Royal Marines Reserve”.
F1721 Clarification of the meaning in the Naval Discipline Act 1957 of “marine forces” and “naval reserve forces”.
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22 Members of the armed forces are “employees” for the purposes of the Patents Act 1977. C3
1
The Patents Act 1977 M4 shall have effect, and be deemed always to have had effect, with the following amendments (being amendments to secure that members of the armed forces are “employees” for the purposes of that Act).
2
In section 42(4), at the end of the definition of “Crown employee”, there shall be added the words “or a person serving in the naval, military or air forces of the Crown.”.
3
In section 130(1), at the end of the definition of “employee, there shall be added the words ,q>or a person who serves (or served) in the naval, military or air forces of thr Crown”.
F1823 Inquiries : persons affected who must be given a opportunity to be present and represented.
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24 Abolition of the office of Accountant General of the Navy.
F121
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C42
Accordingly the enactments specified in this subsection which refer to that office shall be amended as follows—
a
in sections 6 and 8 of the Naval Agency and Disribution Act 1864 M5 (registration of certain instruments in the Accountant General’s Office) for the words “in the office of the Accountant General of the Navy” there shall be substituted the words “with the Secretary of State” ; and
b
in section 47 of the Greenwich Hospital Act 1865 M6 (Accountant General to prepare for audit the accounts of the hospital’s property) for the words “The Accountant general of the Navy” there shall be substituted the words “The Secretary of State”.
F1925 Naval prize cash balance not to include percentage deduction.
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26 Payment of military pensions.
The M7Army Pensions Act 1914 (which requires pensions in respect of military service, whether payable under statute or the prerogative, to be paid in advance) shall cease to have effect except in relation to pensions which have been granted before the passing of this Act and which are, at the date of its passing, paid in advance in accordance with that Act.
F2027 Naval and marine pay and pensions: no further publication in London Gazette.
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Part IV General
28 Minor and consequential amendments and repeals.
C51
The enactments specified in Schedule 4 to this Act shall be amended in accordance with the provisions of that Schedule.
2
The enactments specified in Schedule 5 to this Act (which include some spent enactments) are hereby repealed to the extent specified in the third column of that Schedule subject, in the case of the repeals included in Part I, to the saving at the end of that Part.
29 Commencement.
C61
Subject to subsections (4) and (5) below, this Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.
2
Different dates may be so appointed for different provisions or for different purposes.
3
A provision brought into force by an order under subsection (1) above shall have effect subject to such supplementary provisions (which may include saving and transitional provisions) as may be specified in the order.
4
The following provisions of this Act shall come into force on the day it is passed, namely, sections 1, 7, 15, 16, 17, 19, 20, 21, 22, 25, 26, 27, 28(2), this section, section 30 and Schedule 3.
5
The repeals contained in Schedule 5 to this Act shall come into force in accordance with the provisions at the end of that Schedule.
30 Short title.
This Act may be cited as the Armed Forces Act 1981.
SCHEDULES
F21SCHEDULE 1 Amendments Relating to Trial of Civilians, Etc.
Sch. 1 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
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F22SCHEDULE 2 Minor Amendments and Repeals Relating to Procedure and Evidence
Sch. 2 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
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SCHEDULE 3 Women’s Services
Part I Statutory Assimilation
Existing enactments
1
1
Every enactment which refers to the armed forces or the naval, military or air forces of the Crown shall have effect as if the reference included a reference to the women’s services of those forces administered by the Defence Council and any enactment containing the words “men”, “soldiers”, “seamen”, “airmen” or other word importing a reference to persons of the male sex only as, or as having been, or as capable of being, members of the naval, military or air forces of the Crown shall have effect as if for such word there had been substituted therein words having a like meaning in other respects but importing a reference to persons of either sex.
2
Sub-paragraph (1) above applies for the interpretation of references to the reserve or auxiliary forces as it applies for the interpretation of references to the regular forces of the Crown.
3
Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the Royal Navy.
4
Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the naval, military or air forces of the Crown raised outside the United Kingdom; but nothing in this sub-paragraph affects the meaning of “visiting force” in the M8Visiting Forces (British Commonwealth) Act 1933 or Part I of the M9Visiting Forces Act 1952.
5
This paragraph has effect in place of subsection (1) of section 3 of the M10Army and Air Force (Women’s Service) Act 1948 (which makes corresponding provision in relation to the military and air forces) and of so much of any other enactment as explains, in relation to the women’s services, particular statutory references to the armed forces of the Crown; but the power to make Orders in Council under subsection (2) of that section shall include power to make the like provision in consequence of the preceding provisions of this paragraph so far as those provisions relate to the naval forces of the Crown.
Future enactments
F232
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Part II Specific
C73
In section 2 of the Pensions Commutation Act 1871 M11, in the definition of “officer”, for the words “the Army and Navy” there shall be substituted the words “Her Majesty’s naval or land forces” and for the word “Navy” there shall be substituted the words “naval forces”.
C84
In section 2(b) of the Colonial Prisoners Removal Act 1884 M12, for the words “the Royal Navy or to Her Majesty’s regular military forces” there shall be substituted the words “her Majesty’s regular military or naval forces”.
C95
In the Uniforms Act 1894 M13, the following section shall be substituted for section 4:—
4
In this Act— “Her Majesty’s Military Forces” has the same meaning as in the Army Act 1955 ; “Her Majesty’s Naval Forces” has the same meaning as in the Naval Discipline Act 1957.
C106
In section 4 of the Air Force (Consititution) Act 1917 M14, for the words “His Majesty’s Navy or Army” there shall be substituted the words “the Royal Navy or His Majesty’s Army”.
C117
In section 5(1) and in the definition of “British ship” insection 10 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 M15, for the words “His Majesty’s Navy” (in each place where those words occur) there shall be substituted the words “the Royal Navy”.
C128
In section 68(2) of the Marriage Act 1949 M16, in paragraph (a), for the words following “is serving in” there shall be substituted the words “any of the regular armed forces of the Crown ; or” and in paragraph (b) for the word “mentioned” there shall be substituted the word “included”.
F119
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C1310
In section 21(5) of the Armed Forces Act 1976 M17, in the definition of “qualified officers”, for the word “Navy” (in each place where it occurs) there shall be substituted the words “Royal Navy”.
Part III Application to QARNNS and WRNS of Provisions of 1966 Act as to Discharge, Etc.
Preliminary
11
1
2
In those paragraphs “rating”, in relation to Queen Alexandra’s Royal Naval Nursing Service F5. . ., means a member of that Service of or below the rate of warrant officer.
Postponement of discharge in event of war, etc.
C14F612
Section 4 (postponement of discharge or transfer to the reserve) shall have effect in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service as if it provided–
4Postponement of discharge–QARNNS.
1
This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.
For the purposes of this section, “the relevant date”, in relation to a rating, means the date on which he would, apart from this section, be entitled to be discharged.
2
A rating to whom this section applies may be retained in service in Queen Alexandra’s Royal Naval Nursing Service after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly.
3
A rating may not be retained in Queen Alexandra’s Royal Naval Nursing Service after the relevant date for longer than twelve months.
4
A rating who is so retained is (if not discharged sooner) entitled to be discharged at the end of those twelve months.
5
If, while a person is being retained in service in Queen Alexandra’s Royal Naval Nursing Service by virtue of this section, it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged.
6
Where, at the time at which under subsections (1) to (5) above a person is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–
a
he may, by declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in Queen Alexandra’s Royal Naval Nursing Service while such a state of war exists, and
b
if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (5) above were a period continuing so long as a state of war exists;
but this is subject to subsection (7) below.
7
If it is so specified in the declaration, he shall be entitled to be discharged at the end of three months’ notice given by him to his commanding officer.
Discharge
13
Section 6 (except subsection (5)) shall apply to ratings of Queen Alexandra’s Royal Naval Nursing Service F7. . . as it applies to ratings of the Royal Navy.
False statements on entry
14
Section 8 shall apply to persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service F8. . . as it applies to persons offering themselves for service in the Royal Navy.
C15SCHEDULE 4 Minor and Consequential Amendments
The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (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.
The Army Act 1955
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The Rehabilitation of Offenders Act 1974
2
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F272
The following entries shall be made in Table B in section 5(2) of the Rehabilitation of Offenders Act 1974 M19 (rehabilitation period for particular sentences)—
a
after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—
A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.
Seven years.
b
after the second entry relating to such a custodial order—
A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.
Three years.
The Rehabilitation of Offenders (Northern Ireland) Order 1978
3
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2
The following entries shall be made in Table B in Article 6(2) of the rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation period for particular sentences)—
a
after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—
A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.
Seven years.
b
after the second entry relaitng to a custodial order—
A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.
Three years.
C16SCHEDULE 5 Repeals
The text of Schs. 1, 2, 3 Pt. II (paras. 3–10), 4, 5 (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.
Part I Repeals consequent on assimilation of Women’s Services
Acts of Parliament of the United Kingdom
Chapter | Short Title | Extent of repeal |
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5 & 6 Geo. 6. c. 8. | The War Orphans Act 1942. | In section 1(4), the words “Nursing Service or other” |
6 & 7 Geo. 6. c. 39. | The Pensions Appeal Tribunals Act 1943. | In section 12(1), in the definition of “His Majesty’s naval, military or air forces” the words “the nursing service and” and “other”. |
7 & 8 Geo. 6. c. 10. | The Disabled Persons (Employment) Act 1944. | In section 7(1)(c) the words from “or in” to “this Act”. |
In section 16 the words “of the following classes, that is to say (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a). | ||
10 & 11 Geo. 6. c. 44. | The Crown Proceedings Act 1947. | In section 38, subsection (5). |
11 & 12 Geo. 6. c. 21. | The Army and Air Force (Women’s Service) Act 1948. | Section 3(1). |
12, 13 & 14 Geo. 6. c. 68. | The Representation of the People Act 1949. | In section 46, subsection (2). |
12, 13 & 14 Geo. 6. c. 76. | The Marriage Act 1949. | In section 68, in subsection (2), paragraph (d) and subsections (4) and (5). |
Schedule 3. | ||
14 & 15 Geo. 6. c. 10. | The Reinstatement in Civil Employment Act 1950. | In section 1, paragraph (e). |
In section 5(2), paragraph (iii) and the words “or paragraph (iii)”. | ||
In section 8(1), the definition of “the competent naval, military or air force authority” and, in the definition of “service in the armed forces of the Crown”, the words following “regular forces”. | ||
14 & 15 Geo. 6. c. 65. | The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. | In section 64, subsection (2). |
In Schedule 1, in paragraph 1, sub-paragraph (v). | ||
3 & 4 Eliz. 2. c. 18. | The Army Act 1955. | In section 225(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”. |
3 & 4 Eliz. 2. c. 19. | The Air Force Act 1955. | In section 223(1), in the definition of “Her Majesty’s naval forces”, the words from “(which includes” to “those services)”. |
1970 c. 10. | The Income and Corporation Taxes Act 1970. | In section 366(3) the following words, namely, “either”, or women serving in any of the capacities mentioned at the end of this subsection, “or women serving in any of the capacities so mentioned” and the list of capacities entitled “women’s services”. |
In section 366(4), the words “(whether men or women)”. | ||
1970 c. 41. | The Equal Pay Act 1970. | In section 1(9), paragraph (b) and the word “or” immediately preceding it. |
In section 7(1) the words “or of any women’s service administered by the Defence Council” and “or of any such service”. | ||
1974 c. 23. | The Juries Act 1974. | In section 9(1), the words “and others”. |
In Schedule 1, in Part III, the words from “the women’s” to “Nursing Service”. | ||
1974 c. 46. | The Friendly Societies Act 1974. | In section 108, the words from “(which expression” to “Act)”. |
Schedule 8. | ||
1974 c. 52. | The Trade Union and Labour Relations Act 1974. | In section 30(1), in the definition of “worker”, in paragraph (c), the words “or of any women’s service administered by the Defence Council”. |
1975 c. 7. | The Finance Act 1975. | In Schedule 7, in paragraph 1, in sub-paragraph (2) the words “was employed as mentioned in sub-paragraph (3) below or” and the words “and not being so employed” and sub-paragraph (3). |
1975 c. 65. | The Sex Discrimination Act 1975. | In section 85, in subsection (4), paragraph (b) and the word “or” immediately preceding it and, in subsection (6), the words “or service” and “(a) or (b)”. |
1975 c. 71. | The Employment Protection Act 1975. | In section 121(3) the words “or of any women’s service administered by the Defence Council”. |
1976 c. 25. | The Fair Employment (Northern Ireland) Act 1976. | In section 50(4), paragraph (a)(ii) and the immediately preceding “and”. |
1976 c. 52. | The Armed Forces Act 1976. | In section 4, the words after “effect”. In Schedule 9, paragraph 9. |
1976 c. 74. | The Race Relations Act 1976. | In section 75(10)(a) the words “(including any women’s service administered by the Defence Council)”. |
1978 c. 44. | The Employment Protection (Consolidation) Act 1978. | In section 138(3), the words “or of any women’s service administered by the Defence Council”. |
In Schedule 13, in paragraph 19(3), the words “or of any women’s service administered by the Defence Council”. | ||
1980 c. 9. | The Reserve Forces Act 1980. | In Schedule 8, paragraph 5(1)(b) and the immediately preceding “and”. |
Acts of the Parliament of Northern Ireland and instruments relating to Northern Ireland | ||
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1945 c. 6. (N.I.) | The Disabled Persons (Employment) Act (Northern Ireland) 1945. | In section 16, the words “of the following classes, that is to say : (a) men” and paragraph (b) together with the word “and” at the end of paragraph (a). |
Schedule 1. | ||
1960 c. 4. (N.I.) | The Disabled Persons (Employment) Act (Northern Ireland) 1960. | Section 4. |
1965 c. 19. (N.I.) | The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965. | In Schedule 1, in paragraph 11A(3), the words “or of any women’s service administered by the Defence Council”. |
1967 c. 32. (N.I.) | The Marriage (Registration of Buildings) Act (Northern Ireland) 1967. | In section 2, in subsection (1), paragraph (d) and subsections (2) and (3). Schedule 1. |
1970 c. 32. (N.I.) | The Equal Pay Act (Northern Ireland) 1970. | In section 1(10) paragraph (b) and the word “or” immediately preceding it. |
S.I. 1974/2143 (N.I. 6). | The Juries (Northern Ireland) Order 1974. | In Schedule 2, in the entry relating to members of the forces the words from “including” to “Council”. |
S.I. 1976/1042 (N.I. 15). | The Sex Discrimination (Northern Ireland) Order 1976. | In Article 82, in paragraph (5), sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph and, in paragraph (7), the words “or service” and “(a) or (b)”. |
S.I. 1976/1043 (N.I. 16). | The Industrial Relations (Northern Ireland) Order 1976. | In Article 2(2), in the definition of “worker”, in sub-paragraph (c), the words “or of any women’s service administered by the Defence Council”. |
In Article 79(2) the words “or any women’s service administered by the Defence Council”. | ||
S.I. 1976/1213 (N.I. 22). | The Pharmacy (Northern Ireland) Order 1976. | In Article 5, paragraph 5(b) and the preceding “and”. |
S.I. 1976/2147 (N.I. 28). | The Industrial Relations (No. 2) (Northern Ireland) Order 1976. | In Article 62(3), the words “or of any women’s service administered by the Defence Council”. |
Nothing in the repeal of a reference in any enactment to any women’s service (or its reserve) shall affect the accrual after the date of the repeal of a right arising under that enactment by virtue of service before that date in that service (or reserve) or the continued validity or the issue after that date of any certificate or other document required to establish a right so arising.
Part II Other Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
27 & 28 Vict. c. 24. | The Naval Agency and Distribution Act 1864. | In section 17, the words from “and a percentage” to “by law deducted”. |
28 & 29 Vict. c. 73. | The Naval and Marine Pay and Pensions Act 1865. | In section 12, the words “shall be published in the London Gazette and”. |
48 & 49 Vict. c. 42. | The Greenwich Hospital Act 1885. | Section 4. |
4 & 5 Geo. 5. c. 83. | The Army Pensions Act 1914. | The whole Act (except as mentioned in section 26 of this Act). |
21 & 22 Geo. 5. c. 9. | The Colonial Naval Defence Act 1931. | In section 2(1), in paragraph (c), the words from “or of the Royal Naval Reserve” to the end and, in the proviso, the words “and the Royal Naval Volunteer Reserve”. |
12 & 13 Geo. 6. c. 18. | The Colonial Naval Defence Act 1949. | In section 1(4), the words “or of the Royal Naval Volunteer Reserve” and the words from “(and in particular” to the end. |
3 & 4 Eliz. 2. c. 18. | The Army Act 1955. | In section 82(2)(b), the words “in special circumstances”. |
In section 131(2), the words “and the provisions thereof as to the summary dealing with charges”. | ||
In section 153(3), the words from “the service of the process” to the end. | ||
In section 209(3), paragraph (fb). | ||
In Schedule 7, in paragraph 6, the words “and so much of Part II as relates to forfeiture of service”. | ||
3 & 4 Eliz. c. 19. | The Air Force Act 1955. | In section 82(2)(b), the words “in special circumstances”. |
Section 99(2). | ||
In section 131(2), the words “and the provisions thereof as to the summary dealing with charges.” | ||
In section 153(3), the words from “the service of the process” to the end. | ||
In section 209(3), paragraph (fb). | ||
5 & 6 Eliz. 2. c. 53. | The Naval Discipline Act 1957. | In section 51, in subsection (1) the words “this and” and subsection (2). |
In section 93, the words “death or to”. | ||
In section 101, subsection (2). | ||
9 & 10 Eliz. 2. c. 52. | The Army and Air Force Act 1961. | Section 24. |
In section 26, subsection (3). | ||
1963 c. 39. | The Criminal Justice (Scotland) Act 1963. | In section 9, subsections (3) and (4). |
1976 c. 52. | The Armed Forces Act 1976. | Section 1. |
In Schedule 9, paragraph 12. |
1
The following repeals shall come into force on the day this Act is passed—
a
the repeals contained in Part I of this Schedule;
b
the repeals contained in Part II of this Schedule which relate to the Naval Agency and Distribution Act 1864, the Naval and Marine Pay and Pensions Act 1865, the Army Pensions Act 1914, section 93 of the Naval Discipline Act 1957, and Schedule 9 to the Armed Forces Act 1976.
2
The repeal of section 1 of the Armed Forces Act 1976 shall come into force on 1st September 1981 (in accordance with section 1(5) of this Act).
3
Subject to paragraphs 1 and 2 above, the repeals contained in this Schedule shall come into force in accordance with section 29(1) to (3) of this Act.
Act partly in force 28.07.1981 see s. 29. Act wholly in force 28.07.1982.