Air Force Constitution Act 1917

Section 12(1).

SECOND SCHEDULE

PART I General Modifications

Subject to the specific modifications made in Part II of this Schedule the Army Act shall apply with respect to the Air Force with the substitution of the terms set forth in the second column of the following table or the terms set forth in the first column of that Schedule wherever those terms occur in the Army Act. Table

Terms in Army Act.	Substituted Terms.
" Army Act"	Air Force Act.
" Army Council"	Air Council.
" regular forces "	regular air force.
" forces" where referring exclusively to the regular forces.	force.
" reserve forces," "army reserve," or "army reserve force."	air force reserve.
" army service "	air force service.
" auxiliary forces"	auxiliary air force.
" soldier "	airman.
" soldiers " (except in section 102)	airmen.
" subject to military law "	subject to this Act.
" military " when qualifying " custody," "purposes," "prison," "prisoner," "convict," "reward," "pay," "pen-sion," "allowances," " service," "office," "officer," "escort," "duty," "discipline," '"authority" (whether such words are used in the singular or the plural).	air-force.
" corps " (except in sections 6 (1) (j), 158 (1), 163 (1) (d) and 181 (5).	{ corps or unit	} as the case may require.
	{ corps or units
" battalion	unit.
"regimental" when qualifying "money," " goods," " mess " " band," " neces-saries " (except in section 156 (7) ), " baggage," " books," " institution," or " stores."	service.

PART II Specific Modifications

The provisions of the Army Act mentioned in the first column of the following table shall be modified or excepted as provided in the second column of that table, and new sections shall be inserted as provided in that table. Table

Section of Army Act.	Modification or Exception.
2	This section shall be omitted.
3	" this Act" shall be substituted for "military law."
4	The following subsections shall be added after subsection (7): “or (8) Treacherously or shamefully causes the capture or destruction by the enemy of any of His Majesty's aircraft; or (9) Treacherously gives any false air signal or alters or interferes with any air signal; or (10) When ordered by his superior officer or otherwise under orders to carry out any warlike operation in the air treacherously or shamefully fails to use his utmost exertions to carry such orders into effect.”
5	The following subsections shall be added after subsection (6): “or (7) Negligently causes the capture or destruction by the enemy of any of His Majesty's aircraft; or (8) When ordered by his superior officer or otherwise under orders to carry out any warlike operation in the air negligently or through other default fails to use his utmost exertions to carry the order into effect.”
6	In subsection (1) paragraph (a) shall be omitted.
	In subsection (1) (d) " soldier when acting as " shall be omitted.
	In subsection (1) the following paragraph shall be added after paragraph (k) :— “or (l) Without due authority alters or interferes with any air signal.”
	In subsections (1)(h) and (2) (a) " drawing swords, beating drums," and " in action on the march in the field or elsewhere " shall be omitted.
7	For "any forces belonging to His Majesty's regular, reserve, or auxiliary forces or navy," and for "His Majesty's regular, reserve, or auxiliary forces, or navy " (wherever those words occur) there shall be substituted "any of His Majesty's naval, military, or air forces."
11	For "general or garrison or other orders" there shall be substituted "general, local, or other orders," and for "army" wherever it occurs there shall be substituted "air force."
13 (1)	In paragraph (a) the following words shall be substituted for the words from the beginning down to and including "actual military service":— “When belonging to the regular air force or to the auxiliary air force when embodied,” and "any air force" shall be substituted for "any force."
	In paragraph (b) " the air force reserve or the auxiliary air force or any of the military forces " shall be substituted for "the militia or territorial force or in any of the reserve forces."
15 (2)	For " quits the ranks " there shall be substituted "quits his duty or duties."
15 (3)	For "general, garrison or other order" there shall, be substituted "general, local, or other order."
24 (3)	" air-force, naval or military" shall be substituted for "military."
27 (3)	" Army or Navy " shall be substituted for "Navy" wherever it occurs, and " the regular reserve or auxiliary air force" shall be substituted for "the regular forces, reserve forces or auxiliary forces."
32	" air or military " shall be inserted after "His Majesty's" wherever those words occur.
39	After this section the following section shall be inserted:— “39A Every person subject to this Act who commits any of the following offences ; that is to say— (a) wilfully or by wilful neglect or negligently damages, destroys, or loses any of His Majesty's aircraft or aircraft material; or (b) is guilty of any neglect likely to cause such damage, destruction, or loss ; or (c) by neglect (whether wilful or otherwise) causes damage to or destruction of any public property by fire; or (d) without lawful authority disposes of any of His Majesty's aircraft or aircraft material; or (e) wilfully or by wilful neglect or negligently causes any danger in flying to the life of any officer or airman of the Air Force; or (f) During a state of war wilfuly and without proper occasion or negligently causes the sequestration by or under the authority of a neutral state or the destruction in a neutral state of any of His Majesty's aircraft, shall, on conviction by court-martial, be liable, if he has acted wilfully or with wilful neglect, to suffer penal servitude, or such less punishment as is in this Act mentioned, and in any case to suffer imprisonment or such less punishment as is in this Act mentioned.”
43	The words from " or in the case of " to " may appoint" (both inclusive) shall be omitted.
44 (f)	" air force " shall be substituted for "army."
44 (11)	"air force decoration" shall be substituted for "military . decoration" and "as applied to the air force" shall be inserted after "Regimental Debts Act, 1893," and " as so applied" shall be inserted after "savings banks" and after " Acts."
44 (13)	The words "under this Act" shall be omitted, and "this Act" shall be substituted for "such law."
45 (2)	" according to the usages of the service " shall be omitted, and at the end of the subsection "and includes naval and military custody" shall be inserted.
47	This section shall be omitted.
48	In subsection (3) " seven " shall be substituted for "nine," and at the end of the section the following subsection shall be inserted:— “(10) If it becomes necessary to convene a court-martial under this Act at any place where in the opinion of the convening officer the necessary number of officers of the air force is not available to form such a court, or where in his opinion such a necessary number could not be made available without serious injury to the interests of the service (such opinion to be expressed in the order convening the court, and to be conclusive), then the said convening officer may, with the consent of the proper naval or military authority, nominate any naval or military officer to preside over the court, or nominate as members of the court any necessary number of naval or military officers in addition to or in lieu of officers of the air force : Provided that no naval or military officer shall be qualified to perform any function in relation to such court-martial unless he is of equal seniority and equivalent rank to that which would have been required by the provisions of this Act if he had been an officer of the air force.”
49 (1)	For " troops," wherever that word occurs, and for " forces " there shall be substituted "the air force."
49 (2)	After " this Act " there shall be inserted "except subsection (10) thereof."
54 (1)	Paragraph (a) shall be omitted.
	In paragraph (d) for " troops" there shall be substituted "the air force," for- " general or field officer," there shall be substituted "general field or flag officer," and at the end of that paragraph " whether such officer is " an officer of the air force or of the naval or military " forces " shall be inserted.
57 (2)	In paragraph (a) " or the officer commanding the district " or station where the prisoner subject to such punishment may for the time be" and " and" shall be omitted.
	Paragraphs (b), (c), and (d) shall be omitted.
60	The following subsection shall be substituted for subsection (11):— “The committing authority for the purpose of this section " whether in India or a colony, shall be the prescribed " officer."”
	In paragraph (a) of subsection (12) and paragraph (b) of subsection (13) " prescribed" shall be substituted for "in this section named."
	Paragraph (6) of subsection (12) shall be omitted.
61 (5)	Paragraph (a) shall be omitted.
64 (3)	Paragraph (b) shall be omitted.
64 (4)	Paragraph (b) shall be omitted.
65 (4)	Paragraphs (a) and (b) and paragraph (c) down to and including the words " In any case " shall be omitted.
65 (5)	Paragraph (a) shall be omitted.
65 (6)	Paragraph (b) shall be omitted.
66	The words "army or " shall be omitted, and at the end of the section the words "whether such an officer is an officer" of the air force or of the army or navy" shall be inserted.
67 (4)	Paragraphs (b) and (c) and paragraph (d) down to and including the word " whether " shall be omitted.
70 (1) (i)	"by court-martial under this Act shall be substituted for "by military law."
73 (3)	All from "or in the case of India " (inclusive) shall be omitted.
74 (1)	" the air force " shall be substituted for "forces."
82	Subsection (2) shall be omitted.
83	This section shall be omitted.
92	In subsection (1) " that force" shall be substituted for "those forces" and subsection (3) shall be omitted.
101	For "first class of the army reserve force" there shall be substituted "air force reserve."
106 (3)	At the end of the subsection there shall be inserted "as respects the army."
108A	In subsection (1) " air force " shall be substituted for "forces" and "military" shall be omitted, and in subsection (6) "air-force" shall be substituted for "Army."
114 (1)	After " carriages and animals," where those words first and secondly occur, there shall be inserted "and aircraft."
	At the end of the subsection the following proviso shall be inserted :— “Provided that if in any year a list of carriages and animals in made out under section one hundred and fourteen of the Army Act a list of carriages and animals shall not be made out under this section, but the list so made out shall have effect as if it had been made out under this section as well as under the said section of the Army Act.”
114 (1A)	After " carriages or animals," wherever those words occur, there shall be inserted "or aircraft."
114 (4)	" In England and Scotland " and " either the Police authority " or the county association established under the Territorial and Reserve Forces Act, 1907, and in Ireland " shall be omitted.
115 (1)	" military " shall be omitted.
115 (6)	" military " shall be omitted, and for "troops" there shall be substituted "body of the air force."
115(7)	" or an order for the embodiment of the militia" shall be omitted.
115 (8)	" or an order for the embodiment of the militia " shall be omitted.
122 (1)	In paragraphs (b) and (c) " territorial" shall be omitted.
122 (6)	At the end there shall be inserted :— “it also includes,-in the case of a body of the air force on active service, the officer commanding in chief in the field, whether such officer is an officer of the air force, army, or navy.”
130 (5)	At end there shall be inserted :— “Provided that this subsection shall not apply to a person imprisoned in England.”
133 (7)	After "officer commanding-in-chief in the field" there shall be inserted "whether such officer is an air force, military or naval officer."
135	For " the service" there shall be substituted "the air service."
138 (4)	For " any arms, ammunition, equipment" there shall be substituted "any aircraft or any part thereof, or any" arms, ammunition, aircraft material, or any other " equipment," and for "military decoration" there shall be substituted "air-force decoration."
142 (2)	For "military, naval, or civil authority" there shall be substituted "air force, military, naval, or civil authority," and for " the regular reserve or auxiliary forces " there shall be substituted "the regular reserve or auxiliary air force."
152	For " military, naval, or civil authority " there shall be substituted "air force, military, naval, or civil authority.'"
154 (5)	" military " shall be omitted and "air force" shall be substituted for "forces.
155	The words from " except " to " Forces Act, 1871 " (both inclusive) shall be omitted, and after "1875" there shall be inserted "as applied to the air force."
156 (1)	" air-force, naval, or military decorations" shall be substituted for "military decorations," and " the charge of a unit of the air force" shall be substituted for "regimental charge."
162 (1)	For " military punishment" there shall be substituted "punishment under this Act."
163 (1)	In paragraph (a) "any of" shall be omitted, in paragraph (b) for "Army Council" there shall be substituted "Air Council or the Army Council," in paragraph (c) "air-force circulars " shall be substituted for "army circulars," and in paragraph (d) " air-force list " shall be substituted for "army list."
165	The words " of the judge advocate general, or," " such judge " advocate general or his deputy authorised in that " behalf, or by " and " judge advocate general, deputy, " or " shall be omitted.
172(1)	The words " or by the commander-in-chief or adjutant-" general of the forces in India " and " commander-in- -" chief, adjutant-general or " shall be omitted.
175	Subsections (3), (5), (6), and (9) and in subsection (7) the words from and including " subject to this qualification " to the end of the subsection shall be omitted.
	The following subsection shall be inserted after subsection (1)— “(1A) Any officer of the naval or military forces of the Crown who is attached, or lent to, or seconded for service with, the air force, subject, however, to the modifications contained iu this Act, and with this exception, that if the members of the body of the air force with which any such naval officer is serving are themselves subject to the Naval Discipline Act he shall remain subject to that Act.”
	In subsection (2) " any of" shall be omitted.
	In subsection (3A) "auxiliary air" shall be substituted for "territorial."
	In subsection (4) for "troops or portion of troops" there shall be substituted "air force or portion of an air force."
	In subsection (7) " air force " shall be substituted for "troops," and " any of" shall be omitted.
	In subsection (8) "any part of the air force " shall be substituted for "a force," for " such force" there shall be substituted "such part."
	In subsection (10) "air force" shall be inserted before "officers."
	In subsection (11) " an air force " shall be substituted for "a force," and for " the regular, reserve, or auxiliary forces " there shall be substituted "the regular, reserve, or auxiliary air force."
176	The following .subsection shall be inserted after subsection (1): “(1A) All petty officers, non-commissioned officers, and seamen and soldiers of the naval or military forces of the Crown who are attached or lent to the Air Force, subject, however, to the modifications contained in this Act, and with this exception, that if the members of the body of the air force with which any such petty officer or man of the naval forces is serving are themselves subject to the Naval Discipline Act he shall remain subject to that Act.”
	In subsection (2) "any of" shall be omitted.
	In subsection (5) "or the militia reserve force" and paragraph (b) shall be omitted.
	Subsections (6), (7), (8) shall be omitted.
	In subsection (6A) " auxiliary air" shall be substituted for "territorial."
	In subsection (8A) "the regular, reserve, or auxiliary air force" shall be substituted for "the regular, reserve, or auxiliary forces."
	In subsections (9) and (10) " air force " shall be substituted for "troops," and in subsection (9) " any part of " shall be substituted for "any of," and in subsection (10) the words from and including " subject to this qualification " to the end of the subsection shall be omitted.
177	For " any force of volunteers, or of militia or any other force " there shall be substituted "any air force."
	For " His Majesty's forces " there shall be substituted "the part of His Majesty's air force."
	For the " regular reserve or auxiliary forces " there shall be substituted "the regular, reserve, or auxiliary air force."
178	The words " military law in pursuance of " shall be omitted wherever those words occur.
179	For this section the following sections shall be substituted :— “179 Officers and airmen of the air force during the time they are borne on the books of any of His Majesty's ships in commission (unless made subject to this Act as herein-after provided) shall be subject to the Naval Discipline Act and to the laws for the government of the officers and seamen in His Majesty's Navy, and the rules for the discipline of His Majesty's Navy for the time being, and shall be tried and punished for any offence in the same manner as officers and seamen in His Majesty's Navy : Provided that— (a) this provision shall not prevent the application of this Act to any person' dealing with or having any relations with any such officer or airman, or to any such officer or airman if found on shore as a deserter or absentee without leave; (b) if any such officer or airman is employed on land the senior naval officer present may, if it seems to him expedient, order that he shall during such employment be subject to this Act, and while such order is in force he shall be subject to this Act accordingly; (c) if any such officer or airman commits an offence for which he is not amenable to a naval court-martial, but for which he can be punished under this Act, he may be tried and punished for such offence under this Act." 179A (1) Where an officer, petty officer, or seaman of the naval forces when not subject to the Naval Discipline Act, or an officer, non-commissioned officer, or soldier of the military forces, is attached, or lent to, or seconded for service with, the regular Air Force, this Act shall apply to him, subject to the following modifications ;— (a) a general court-martial for the trial of any such officer, petty officer, non-commissioned officer, seaman, or soldier shall not be convened except:— (i) in the case of an officer, petty officer, or seaman of the naval forces, by the Admiralty or by an officer authorised by a warrant from the Admiralty in pursuance of this section ; (ii) in the case of an officer, non-commissioned officer, or soldier of the military forces, by His Majesty or by an officer authorised to convene a general court-martial under the Army Act (who shall have power to convene a general court-martial for the purposes of this section); except that where the officer, petty officer, noncommissioned officer, seaman, or soldier is serving beyond the seas with a body of the regular Air Force, and in the opinion of the general or other officer commanding that body (such opinion to be stated in the order convening the court and to be conclusive) there is not present any officer so authorised to convene a general court-martial under this section, a general court-martial convened by such general or other officer, if authorised to convene general courts-martial under this Act, may try such officer, petty officer, non-commissioned officer, seaman, or soldier; (b) A district court-martial for the trial of any such petty officer, non-commissioned officer, seaman, or soldier may be convened by any officer having authority to "convene a district court-martial for the trial of an airman of the regular Air Force; (c) Any power in relation to the convening of courts-martial, or of authorising an officer to convene courts-martial, or to delegate the powers of convening courts-martial, or of confirming the findings and sentences of courts-martial, or otherwise in relation to courts-martial, which under this Act His Majesty may exercise by any warrant or warrants, may, as respects any such officer, petty officer, or seaman of the naval forces, be exercised in His Majesty's name by a warrant or warrants from the Admiralty; and any such warrant may be addressed to any officer to whom any warrant of His Majesty can be addressed; (d) Without prejudice to any power of confirmation, the findings and sentences of any general court-martial on any such officer, petty officer, non-commissioned officer, seaman, or soldier may be confirmed in the case of an officer, petty officer, or seaman of the naval forces by the Admiralty, and in the case of an officer, non-commissioned officer, or soldier of the military forces by His Majesty, or in either case by an officer authorised under this section to convene the same ; (e) Anything required or authorised by this Act to be done by, to, or before a Secretary of State or the Air Council may as regards any such officer, petty officer, or seaman of the naval forces be done by, to, or before the Admiralty, and the provisions of this Act shall be construed, so far as respects any such officer, petty officer, or seaman, as if "the Admiralty" were substituted for "Secretary of State" and "Air Council" wherever those words occur ; (f) Anything required or authorised by this Act to be done by, to, or. before the Air Council may, as regards any such officer, non-commissioned officer, or soldier of the military forces, be done by, to, or before the Army Council, and the provisions of this Act shall be construed, so far as respects any such officer, non-commissioned officer, or soldier, as if " Army Council" were substituted for "Air Council" wherever those words occur; (g) If any such officer, petty officer, non-commissioned officer, seaman, or soldier commits an offence for which he is not amenable under this Act, but for which he can be punished under the Naval Discipline Act or, as the case may be, the Army Act, he may be tried and punished for such offence under that Act. (2) In the application of this section to the Royal Marines, petty officer and seaman of the naval forces shall mean non-commissioned officer and man of the Royal Marines.”
180	Subsection (2) shall be omitted.
181	For "any of His Majesty's auxiliary forces," and " His Majesty's auxiliary forces " there shall be substituted "the auxiliary air force," and for the following expressions, namely:—" territorial force, the battalion of militia or the battalion " or corps of yeomanry or volunteers," " territorial force or militiaman," " territorial force or militia " (wherever those words occur), " territorial force, a battalion of " militia, or a battalion or corps of yeomanry or volunteers, as the case may be," " territorial force, militia, " yeomanry, or volunteers," and " volunteers or the territorial force," there shall be substituted "auxiliary air" force."
	Paragraph (d) of subsection (4) shall be omitted.
182	In subsection" (1) the words "nor tried by regimental court-martial " shall be omitted.
	Subsection (3) shall be omitted.
183	In subsection (2) the words from "and in India" to "in Council may appoint " (both inclusive) shall be omitted.
	For " general officer " there shall be substituted "general or flag officer," and after " in the field" there shall be inserted "(whether such officer is an officer of the air force, army, or navy)."
	In proviso (a) to subsection (4) " air force " shall be substituted for "army."
	In proviso (b) the words from " and in India " down to " may appoint" (both inclusive) shall be omitted, and "air-force" shall be substituted for "army."
184	In subsection (1) " other than a regimental court-martial," and in subsection (2) "or by a regimental court-martial" shall be omitted.
184A	" air force" shall be substituted for "military forces" wherever those words occur.
	In subsection (1) " or is attached to " shall be omitted, and " an air force officer " shall be substituted for " a military officer ";
	The following subsection shall be inserted after subsection (1) -.— “(1A) Where an officer or non-commissioned officer of the Army is a member of a body of His Majesty's military forces acting with any body of His Majesty's Air Force under such conditions as may be prescribed by regulations made by the Army Council and Air Council, then for the purposes of command and discipline, and for the purposes of the provisions of this Act relating to superior officers he shall, in relation to such body of His Majesty's Air Force as aforesaid, be treated and have all such powers (other than powers of punishment) as if he were an air' force officer or non-commissioned officer, as the case maybe: Provided that under regulations made by the Air Council and Army Council, the officers and soldiers of a body of His Majesty's military forces acting with any body of the Air Force on active service, or any of such officers or soldiers, may, in such manner and in such circumstances and subject to such conditions as may be provided by or under those regulations, be made subject to this Act, and in such case they shall be subject thereto in like manner as if they were officers and soldiers attached to the Air Force.”
	In subsection (2) for " naval forces " there shall be substituted "naval or military forces," for " so prescribed as aforesaid " there shall be substituted "prescribed by regulations" made by the Air Council and (as the case may be) the " Admiralty or the Army Council and such officer or " airman is not borne on the books of any of His Majesty's " ships in commission," " air force officers" shall be substituted for "military officers," and after the words " such naval body " there shall be inserted the words "or" the officers and non-commissioned officers of such " military body (as the case may be)." In subsection (3) " and air force" shall be inserted after "naval and military."
187	Subsections (3) and (4) shall be omitted.
189 (1)	"warlike operations" shall be substituted for "military operations."
189 (2)	For the words from the beginning of the subsection down to and including the words "commanding such forces" there shall be substituted the words "Where the Governor" of a colony in which any part of His Majesty's air force " is serving, or if part of such force is serving out of His " Majesty's dominions, the General Officer commanding " such part "
	" force " shall be substituted for "forces" wherever the word occurs, and " it was" shall be substituted for "they were."
189 (3)	"force" shall be substituted for "forces."
190	Subsections (3), (9), (12), (13), (14), (16) and (22) shall be omitted.
	In subsection (4) for " His Majesty's forces," wherever those words occur, and for " His Majesty's said forces," there shall be substituted "the air force," and in subsection (5) for "army" there shall be substituted "air-force," and in subsection (8) the words from "and including" to " Royal Malta Artillery" (both inclusive) shall be omitted.
	The following subsection shall be substituted for subsection (15) :— “(15) The expression ' corps ' means any such body of the air force as may be from time to time declared by Royal Warrant to be a corps for the purpose of this Act, and the expression ' unit' means any such unit of the air force as may be from time to time declared by orders or regulations as to the government of the air force to be a unit for any of the purposes of this Act.”
	The following subsection shall be substituted for subsection (17) :— “(17) The expression ' service' when qualifying institution, necessaries, books, band, mess, money, goods, and other property, means belonging to or connected with the air service or any unit or part of a unit thereof.”
	In subsection (18) " military " shall be omitted.
	The following new subsections shall be inserted at the end of the section:— “(41) The expression ' soldier' has the same meaning as in the Army Act. (42) The expression ' aircraft' includes aeroplanes, balloons, kite balloons, airships, or other machines for flying. (43) The expression ' aircraft material' includes any engines, fittings, guns, gear, instruments, or apparatus, for use in connection with aircraft and any components and accessories of aircraft and petrol or any other substance used for providing motive power for aircraft and lubricating oil. (44) The expression ' air signal' means any signal intended , for the guidance of aircraft whether given by flag, ground signal, light, wind-indicator, or in any other manner whatsoever. (45) The expressions 'the forces ' and ' His Majesty's forces ' include His Majesty's naval, military and air forces. (46) The expression 'field officer' means any officer above the rank of captain and below the rank of general officer.”
Sched. 4	" Bn. of the Regiment of " shall be omitted, and for "before-mentioned corps" there shall be substituted "before-mentioned unit."