Armed Forces Act 1971

Section 43.

SCHEDULE 1U.K. AMENDMENTS ARISING FROM PART II OF THIS ACT

The Army Act 1955 and the Air Force Act 1955U.K.

1(1)The amendments to be made in the M1Army Act 1955 and the M2Air Force Act 1955 are as follows.U.K.

(2)In section 17 of each Act the following subsection shall be substituted for subsection (3):—

“(3)In subsection (2) above “the appropriate date” means in relation to any person a date earlier than the date of his conviction for desertion by the length of his service which is not forfeited.”

(3)In section 79(6) of each Act, for the words “forfeiture of seniority, fine or stoppages” there shall be substituted the words “any punishment other than severe reprimand or reprimand”.

(4)In section 118(1) of each Act, for the words “provisions of this section and of” there shall be substituted the words “following provisions of this Part of this Act and to”.

(5)In section 119(1) of each Act, for the words “in pursuance of the next following section” there shall be substituted the words “in pursuance of section 120 of this Act”, and for the words “the provisions of the next following section” there shall be substituted the words “the provisions of the said section 120”.

(6)In section 120(5) of each Act, for the words “subsection (10) of section seventy-two” there shall be substituted the words “section 119A(3)”.

(7)In section 145(1)(b) of each Act, for the words “detention or field punishment” there shall be substituted the words “or detention”.

(8)In section 198(8) of each Act, for the words “body of troops” or, as the case may be, “body of the air force” there shall be substituted the words “body of Her Majesty’s forces”.

(9)In section 209 of each Act—

(a)in the proviso to subsection (2), for all the words from “except” to the end there shall be substituted the words “except section 29, sections 35 and 36, sections 55 to 57, and section 68 so far as it relates to those sections”; and

(b)at the end of paragraph (a) of subsection (3) there shall be added the words “(to the amount of which section 71(5)(a) of this Act shall not apply)”.

(10).In section 211(7) of the Army Act 1955 and section 210(7) of the Air Force Act 1955, for the words from “subsection (2)” to “inserted” there shall be substituted the words “section 71 (1) there were inserted immediately before paragraph (h)”, and for “(eee)” there shall be substituted “(gg)”.

(11)The following definition shall be inserted after that of “service” in section 225(1) of the M3Army Act 1955, and also (but modified for that purpose by the substitution of “air-force law, military law” for “military law, air-force law”) after the definition of “service” in section 223(1) of the Air Force Act 1955:—

““service law” means military law, air-force law or the Naval Discipline Act 1957,”

(12),(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(14)In Schedule 3 to each Act, the following shall be inserted after the paragraphs numbered 7:—

(15)In Schedule 3 to each Act, the following shall be inserted immediately before the paragraphs numbered 10:—

(16)In Schedule 7 to the Army Act 1955, paragraphs 12 and 12A shall be omitted.

The Naval Discipline Act 1957U.K.

2(1)The amendments to be made in the M4Naval Discipline Act 1957 are as follows.U.K.

(2)In section 50(2), the following paragraph shall be substituted for paragraph (a):—

“(a)sections 2 to 4, 6, 9, 10, 23 and 24, section 29(1) so far as relating to public or service property, section 29A, and sections 34 to 37 and 42 ;”

(3)In section 118(2)(a), after the word “fourteen” there shall be inserted “14A”.

(4)In section 133(3), for the words “petty officer” there shall be substituted the words “leading seaman”.

(5)In section 135(1)—

(a)the following definitions shall be inserted after that of “aircraft papers”:—

““air signal” means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft ;

“before the enemy”, in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;”; and

(b)the following definition shall be inserted after that of “court-martial”:—

““damage” includes destruction, and references to damaging shall be construed accordingly;”;

(6)In Schedule 1, the following paragraphs shall be substituted for paragraphs 1 and 2:—

“1The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act:—

“(h) reduction to the ranks or any less reduction in rank.”

(2)For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply.”

(7)In Schedule 2, the following paragraphs shall be substituted for paragraphs 3 and 5:—

“3The following paragraph shall be substituted for paragraph (h) of section 43(1) of this Act:—

“(h) reduction to the ranks or any less reduction in rank.”

5For the references to disrating in subsection (4) of the said section 43 there shall be substituted references to reduction to the ranks, and subsection (5) of that section shall not apply.”

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Section 73.

Schedule 2U.K. AMENDMENTS ABOUT APPEALS AGAINST SENTENCE

Courts-Martial (Appeals) Act 1968U.K.

1(1)The M5 Courts-Martial (Appeals) Act 1968 shall be amended as follows.U.K.

(2)In section 8(2)(a), after the word “quashed” there shall be inserted the words “or, as the case may require, that his sentence be quashed or (if a sentence of a naval court-martial) annulled”.

(3)In sections 13(a), 14(1), 15(1), and 15(2), after the words “Appeal Court” there shall be inserted the words “on an appeal against conviction”.

(4)In section 16(1), after the words “on an appeal” there shall be inserted the words “against conviction”.

(5)In section 17(1), for the words “or 15” there shall be substituted the words “15 or 16A”, and in section 17(2), after the words “conviction by”, in both paragraphs, there shall be inserted the words “or the sentence of”.

(6)In section 31(1), after the words “an appeal” there shall be inserted the words “other than an appeal against sentence”.

(7)In section 34, the words “under subsection (1) above” shall be substituted for the words “this section” in subsection (2), and the following subsection shall be added after subsection (3):—

“(4)Where a person convicted by court-martial is a civilian as defined in section 8(5) of this Act, the Secretary of State may, if consideration thereof by the Appeal Court appears to him for any reason desirable, refer the sentence of the court-martial to the Court; and any such reference shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act”.

(8)In Schedule 2—

(a)in paragraph 1(1), after the words “the right of appeal” there shall be inserted the words “against conviction and any right of appeal against sentence”, and

(b)in paragraph 4, after the words “a conviction involving sentence of death” there shall be inserted the words “or against such a sentence itself”, and after the words “any such conviction” there shall be inserted the words “or sentence”.

The Army Act 1955 and the Air Force Act 1955U.K.

2U.K.Section 113(3) of the M6 Army Act 1955 and section 113(3) of the M7 Air Force Act 1955 shall each be amended by inserting after the words “leave to appeal” where first occurring the words “against conviction or sentence”, and by adding at the end “or, as the case may be, to the sentence to which the application relates”.

The Naval Discipline Act 1957U.K.

3U.K.Section 70(3) of the M8 Naval Discipline Act 1957 shall be amended by inserting after the words “63(1)” the words “or a sentence of a court-martial”, after the words “the finding” the words “or sentence”, and after the words “or finding” the words “or sentence”.

Section 75.

Schedule 3U.K. AMENDMENTS FOR INTRODUCING NAVAL RATE, AND MARINE RANK, OF WARRANT OFFICER

The Naval and Marine Pay and Pensions Act 1865U.K.

1U.K.Section 2 of the M9 Naval and Marine Pay and Pensions Act 1865 shall be amended by inserting, in the definition of “seaman or marine” the words “warrant officer” immediately before the words “petty officer”, and the words “warrant or” immediately before the words “non-commissioned officer”.

The Greenwich Hospital Act 1865U.K.

2U.K.In section 5 of the M10 Greenwich Hospital Act 1865, immediately before the words “non-commissioned officers”, in both places where they occur, there shall be inserted the words “warrant officers”.

The Navy and Marines (Property of Deceased) Act 1865U.K.

3U.K.Section 2 of the M11Navy and Marines (Property of Deceased) Act 1865 shall be amended by inserting, in the definition of “seaman or marine”, the words “warrant officer” immediately before the words “petty officer” in both places where they occur, and the words “warrant or” immediately before the words “non-commissioned officer”.

The Army Act 1955U.K.

4(1)Section 210 of the M12Army Act 1955 shall be amended—U.K.

(a)by inserting, in subsections (2)(b) and (3), the words “warrant officer” immediately before the words “non-commissioned officer” wherever occurring, and

(b)by inserting, in subsection (4), the words “warrant officers” immediately before the words “non-commissioned officers” in both places where they occur.

(2)Schedule 7 of the said Act shall be amended—

(a)by inserting, in paragraph 10, the words “a warrant officer and” immediately before the words “a non-commissioned officer”,

(b)by inserting, in paragraphs 19 and 22, the words “warrant officers” immediately before the words “non-commissioned officers” wherever occurring, and

(c)by inserting, in paragraph 23, the words “warrant officer” immediately before the words “non-commissioned officer” where they first occur.

The Naval Discipline Act 1957U.K.

5(1)Section 45(2)(b) of the M13Naval Discipline Act 1957 shall be amended by inserting the words “warrant officer” immediately before the words “chief petty officer”.U.K.

(2)Section 112 of the said Act shall be amended by inserting the words “warrant officer” immediately before the words “non-commissioned officer”.

(3)Section 132 of the said Act shall be amended by inserting, in subsections (7) . . . F3, the words “warrant officers” immediately before the words “non-commissioned officers”.

(4)The following subsection shall be substituted for section 133(2) of the said Act:—

“(2)In this Act “rating” means a member of Her Majesty’s naval forces of or below the rate of warrant officer; and any reference in this Act to a rating, or to a rating of any particular rate, shall include a reference to any warrant officer who is subject to this Act without being a member of those forces, and to any non-commissioned officer, marine, soldier or airman who is so subject, or, as the case may be, to any such warrant officer or non-commissioned officer of rank corresponding to that rate”

The Reserve Forces Act 1966U.K.

6U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

The Armed Forces Act 1966U.K.

7U.K.In section 14(1) of the M14Armed Forces Act 1966, in the definition of “rating”, for the words “chief petty officer” there shall be substituted the words “warrant officer”.

Section 77(1)

SCHEDULE 4U.K. Repeals