Part VIF126U.K. Application of Act and Supplemental Provisions

Persons subject to military lawF126U.K.

205 Persons subject to military law: general provisions.U.K.

(1)The following persons are subject to military law:—

(a)every officer holding a land forces commission (within the meaning of any Order of Her Majesty for thetime being regulating the granting of commissions) and for the time being employed, or recalled foremployment, in Her Majesty’s service in any capacity in which he can be required to be employed as theholder of his commission;

(b)every officer holding a land forces commission (within the meaning aforesaid) who for the time beingis not employed, or not employed as mentioned in paragraph (a) of this subsection, but is liable (otherwisethan in specified circumstances only) to be recalled to military service under Her Majesty;

(c)every officer, not subject to military law under the foregoing provisions of this section, who beingthe holder of a land forces commission (within the meaning aforesaid) is employed in Her Majesty’s servicein employment of which it is an express condition that while employed therein he is to be subject tomilitary law;

(d)every officer, not subject to military law under the foregoing provisions of this section, who, withthe approval of [F1the Defence Council] given subject to an express condition that while in that employment he is to be subject to militarylaw, is employed otherwise than in Her Majesty’s service;

[F2(e)every officer of the Territorial Army who is not a special member;

F2(ea)every officer of the Territorial Army who is a special member when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not);

F2(eb)every officer of the army reserve when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve;]

(f)every warrant officer, non-commissioned officer and soldier of the regular forces;

(g)every warrant officer, non-commissioned officer and man of the army reserve when [F3in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve;]

(h)every warrant officer, non-commissioned officer and man of the Territorial Army when [F4in permanent service, in full-time service, called out for home defence service or undertaking any training or duty] (whether in pursuanceof an obligation or not), or when serving on the permanent staff of the Territorial Army;

(i)every person in receipt of a pension in respect of service in the regular forces, or of such serviceand other service, who is employed in Her Majesty’s service as mentioned in paragraph (c) of thissubsection;

(j)every person not otherwise subject to military law who is serving in any force raised by order of HerMajesty outside the United Kingdom and is under the command of an officer holding a land forces commissionor a commission in the Territorial Army;

F5(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)For the purposes of paragraph (d) of the last foregoing subsection a certificate of [F1the Defence Council] that approval to a person’s employment was given subject to the condition mentioned in that paragraphshall be conclusive evidence of the facts stated in the certificate.

(3)

[F6F7(4)In this section—

206 Persons subject to military law: Commonwealth forces.U.K.

Members of a naval, military or air force being a Commonwealth force are subject to military law to suchextent, and subject to such adaptations and modifications, as may be provided by or under any enactmentrelating to the attachment of members of such forces.

207 Persons subject to military law: Colonial forces.U.K.

(1)Subject to the provisions of this section, where any military force is raised under the law of a colony,any such law—

(a)may make provision in relation to that force and the officers, warrant officers, non-commissionedofficers and soldiers thereof so as to have effect as well when they are outside as when they are withinthe limits of the colony;

(b)may apply in relation to the force and the officers, warrant officers, non-commissioned officers andsoldiers thereof all or any of the provisions of this Act, either with or without adaptations, modificationsor exceptions.

(2)Where any military force raised under the law of a colony is serving with part of the regular forces,the army reserve or the Territorial Army, then in so far as the law of the colony does not provide for thegovernment and discipline of the force and the members thereof this Act shall apply—

(a)to the officers thereof as it applies to officers holding land forces commissions, and

(b)to the warrant officers, non-commissioned officers and soldiers thereof as it applies to warrantofficers, non-commissioned officers and soldiers of the regular forces,

but subject to such adaptations, modifications or exceptions as may be specified in the general ordersof the officer, whether military, naval or air-force but not below the rank of colonel or correspondingrank, commanding the forces with which the force raised in the colony is serving.

(3)While any officer, warrant officer, non-commissioned officer or soldier belonging to a force raisedunder the law of a colony is attached to, doing duty with, or otherwise acting as part of or with anyportion of the regular forces, the army reserve or the Territorial Army [F8outside that colony], the foregoing provisions of this section shall not apply in relation to him, but he shall be subjectto military law by virtue of this subsection and this Act shall apply to him as if he were a member of theregular forces.

208 Persons subject to military law: attached members of naval and air forces.U.K.

Where a member of any of Her Majesty’s naval or air forces is attached to any part of the regularforces, the army reserve or the Territorial Army, he shall while so attached be subject to military law;and the provisions of the Sixth Schedule to this Act shall have effect as respects persons subject tomilitary law by virtue of this section.

[F9208A Application of Act to passengers in H.M. ships and aircraft.U.K.

Part II of this Act shall, to such extent and subject to such modifications as may be prescribed byregulations made by the Defence Council, apply to persons embarked as passengers on board Her Majesty’sships or aircraft (not being persons who are subject to military law by virtue of any of the foregoingprovisions of this Act, or persons who are subject to air-force law or to the M1NavalDisciplineAct 1957) as it applies to persons subject to military law.]

209 Application of Act to civilians.U.K.

(1)Subject to the modifications hereinafter specified, where any body of the regular forces is on active service, Part II of this Act shall apply to any person who is employed in the service of that body of the forces or any part or member thereof, or accompanies the said body or any part thereof, and is not subject to military law, [F10the M2Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M3Air Force Act 1955, as the said Part II applies to persons subject to military law.

(2)Subject to the modifications hereinafter specified, Part II of this Act shall at all times apply to a person of any description specified in the Fifth Schedule to this Act who is within the limits of the command of any officer commanding a body of the regular forces outside the United Kingdom, and is not subject to military law, [F10the M4Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M5Air Force Act 1955, as the said Part II applies to persons subject to military law:

(a)sections 29, 35, 36 and 55 to 57, and section 68 so far as it relates to those sections, and

(b)in the case of persons falling within any description specified in paragraphs 1 to 4 of Schedule 5, section 34B and section 68 so far as it relates to that section.]

(3)The said modifications are the following:

[F12(a)on a trial—

(i)a court-martial may award the punishments specified in paragraphs F13. . . (b) and (h) of section 71(1)above, except that section 71(5)(a) above shall not apply to the amount of a fine;

(ii)a Standing Civilian Court established under the M6Armed Forces Act 1976 may award any punishment authorised for such courts by section 8 of that Act; and

(iii)a court-martial or Standing Civilian Court may make any order authorised by Schedule 5A below;

(aa)any such order shall be treated as a punishment for the purposes of this Act;

(ab)paragraph 15 of Schedule 5A below shall have effect in substitution for the words in section 71(1) above from “and references in this Act" to the end;]

(b)the punishment which may be awarded where a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding [F14£100], but no other punishment;

(c)the following provision shall have effect in substitution for subsections (2) to (4) of section seventy-four, that is to say that a person may be arrested by a provost officer, by any warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular forces;

[F15(ca)section 75J(2)(b) above shall have effect with the omission of the words from the beginning to “of this Act";

F15(cb)section 75K(6) above shall have effect with the omission of paragraph (a);]

F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the provisions of this Act relating to the investigation of, and summary dealing with, offences shall save as otherwise expressly provided apply as they apply to officers and warrant officers;

(f)for the purposes of [F17Part 2 of this Act], the commanding officer shall be such officer as may be determined by or under regulations of [F18the Defence Council] made for the purposes of this section;

[F19(fa)a court-martial for the trial of any such person as in mentioned in subsection (1) or (2) above may include in place of the corresponding number of [F20officers or warrant officers]—

(i)if it is a general court-martial F21. . ., not more than two persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above, and

(ii)if it is a district court-martial F21. . ., nor more than one person who is in the service of the Crown and is himself a person such as is mentioned in either of those subsections,

but a person who is a member of a court-martial by virtue of this paragraph shall not be appointed the president of the court-martial;]

[F22(faa)references to the officers appointed members of a court-martial shall be construed as including references to persons who are members of a court-martial by virtue of paragraph (fa) above;]

[F23(fab)where the summary appeal court hears an appeal brought by any such person as is mentioned in subsection (1) or (2) above and the court would otherwise include two officers qualified under section 83ZC of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above,

F23(fac)references in Part II of this Act to the officers qualified under section 83ZC for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of paragraph (fab) above,]

F24(fb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)for references in sections one hundred and thirty-one and one hundred and thirty-two of this Act to being, continuing, or ceasing to be subject to military law there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that the said Part II applies, and subsection (3)of the said section one hundred and thirty-one shall not apply.

[F25(3A)For the purposes of paragraph (g) of subsection (3) of this section a person shall be deemed not to have ceased to be in such circumstances as are mentioned in that paragraph if he has so ceased by reason only of one or both of the following, namely—

(a)the fact that he has ceased to be within the limits of a command within whose limits he continues to have his ordinary residence or to serve or to be employed;

(b)the fact that there has been an interruption of his residence with a family of persons whose place of residence continues to be his home.]

[F26(3B)In their application to any area for which Standing Civilian Courts are established under the M7Armed Forces Act 1976—

F27(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(aa)section 83 above shall have effect as if after subsection (1) there were inserted the following subsection—

(1A)Regulations under this section may provide for sections 76 to 76C of this Act to have effect subject to such modifications as may be specified in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try.]

[F29(b)section 103(1) above shall have effect as if the following paragraph were inserted after paragraph (b)—]

[F29(c)the hearing by courts-martial of appeals against findings and sentences of Standing Civilian Courts.]

(c)subsection (3) above shall have effect in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try, but without prejudice to its effect in relation to other charges, as if the following paragraph were substituted for paragraph (e):—

“(e)sections 76, [F30to 76C] above shall apply as they apply to officers and warrant officers, subject to such modifications [F30as may be specified by regulations under section 83 of this Act] and by any order under paragraph 12 of Schedule 3 of the Armed Forces Act 1976;”]

F31(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(4)A fine awarded against any person by virtue of this section by a court-martial, a Standing Civilian Court or the appropriate superior authority, and a sum which an order under paragraph 11 of Schedule 5Abelow requires any person to pay shall be recoverable, in the United Kingdom or any colony, as a debt due to Her Majesty.

(4A)The registration of a financial penalty enforcement order under section 133A above shall not affect the power of recovery in a colony conferred by subsection (4) above.

(4B)Section 199 above shall apply to persons such as are mentioned in subsection (1) or (2) above, as it applies to persons subject to military law.]

[F33(5)This section does not apply to any person to whom section 208A above applies.]

Application of Act to particular corps and forcesF126U.K.

210 Provisions as to Royal Marines.U.K.

(1)The Royal Marines shall be a separate corps of the regular forces.

(2)In section two hundred and five of this Act—

(a)any reference to a land forces commission shall be construed as including a reference to a commissionin the Royal Marines;

[F34(aa)any reference to an officer of the army reserve shall be construed as including a reference to an officer of the Royal Marines Reserve or a marine officer of the Royal Fleet Reserve;]

[F35(b)any reference to a warrant officer, non-commissioned officer or man of the army reserve shall be construed as including a reference to a warrant officer, non-commissioned officer or a marine of the Royal Marines Reserve and to a marine warrant officer or non-commissioned officer or a marine of the Royal Fleet Reserve; and

F35(ba)any reference to the permanent staff of the army reserve shall be construed as including a reference to the permanent staff of the Royal Marines Reserve or the Royal Fleet Reserve.]

(3)An officer, [F36warrant officer] non-commissioned officer or marine of the Royal Marines, [F37or the Royal Marines Reserve and a marine officer, marine warrant officer or non-commissioned officer or a marine of] the Royal Fleet Reserve, F38 shall continue subject to military law notwithstanding that he may for thetime being be subject to [F39the M8Naval Discipline Act 1957].

(4)In relation to the Royal Marines and the officer, officers, [F40warrant officers] non-commissioned officers and marines thereof, and to officers, [F40warrant officers] non-commissioned officers and marines of the [F41Royal Marines Reserve [F42and to marine officers, marine warrant officers or non-commissioned officers and marines of]] the Royal Fleet Reserve, F38 this Act shall have effect subject to the modifications set out in Parts Iand II of the Seventh Schedule thereto.

(5)The provisions of Part III of the Seventh Schedule to this Act shall have effect as respects transfersbetween the Royal Marines and other corps of the regular forces in substitution for the provisions ofsubsections (3) and (4) of section three of this Act.

[F43(6)For the purposes of this section references to marine warrant officers or non-commissioned officers and marines of the Royal Fleet Reserve shall be construed as references to persons who were transferred to that force from the Royal Marines or who enlisted in that force as marines.]

211 Application of Act to reserve and auxiliary forces. U.K.

(1)Subject to the provisions of this section, references in Parts II to V of this Act to the regular forcesshall include references to the following persons, that is to say—

(a)officers of [F44the army reserve] while subject to military law, and officers who have retired (withinthe meaning of any Royal Warrant) but are for the time being subject to military law, and

[F45(b)officers of the Territorial Army when in permanent service, in full-time service, called out for home defence service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the Territorial Army,]

(c)warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army whilesubject to military law;

and references to officers, warrant officers, non-commissioned officers or soldiers, or to members ora body, of the regular forces or to illegal absence from those forces shall be construed accordingly.

[F46(2)Subsections (5) and (6) of section 17 shall apply to warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army as if the references to forfeited service were references to a period of permanent service or, as the case may be, of service as a member of the force concerned, which is to be disregarded under section 98(6) of the Reserve Forces Act 1996.]

(3)

[F47F48(4)The provisions of this Act mentioned in subsection (4A) below shall apply to officers, warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army only when they are in permanent service, in full-time service, called out for home defence service or serving on the permanent staff of the army reserve or the Territorial Army.

(4A)The provisions referred to in subsection (4) above are—

(a)sections 150 to 153 of this Act;

(b)except insofar as they may be applied by regulations made under section 103(2) of the Reserve Forces Act 1996, the provisions of Part II of this Act relating to the award of stoppages and sections 144 to 149 of this Act.]

[F49(6)Section 182 of this Act shall not apply at any time to officers, warrant officers, non-commissioned officers or men of the Territorial Army.]

(7)In the case of a non-commissioned officer or man of the Territorial Army found guilty of an offence bya court-martial or his commanding officer, Part II of this Act shall apply as if in the scale set out in [F50section 71(1) there were inserted immediately before paragraph (h)] the following paragraph—

[F50“(gg)”] dismissal from the Territorial Army,

and as if the punishments specified in [F51section 76C(2)] of this Act includeddismissal from the Territorial Army:

[F52(8)An officer of the army reserve or the Territorial Army may be attached temporarily to any of Her Majesty’s naval or air forces whether or not he is in permanent service but, if not in permanent service, shall not be so attached except with his consent.]

[F53(9)In this section—

F54212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

213 Modification of certain provisions in relation to women.U.K.

In relation to women members of the regular forces this Act shall have effect subject to the followingmodifications:—

(a)

F55(b)

F56(c)references in sections one hundred and fifty and one hundred and fifty-one to a wife shall be construedas references to a husband.

Application to different countriesF126U.K.

214 Application to Scotland.U.K.

(1)The provisions of this section shall have effect for the purpose of the application of this Act toScotland.

(2)For any reference to a county court there shall be substituted a reference to the sheriff; and thepowers and duties conferred or imposed on a justice of the peace may be exercised or performed either bysuch justice or by the sheriff.

F57(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (2) of section one hundred and twenty-eight for the reference to [F58the Coroners Acts 1887 to 1926][F58the Coroners Act 1988]there shall be substituted a reference to section twenty-five of the M9Prisons(Scotland) Act 1952, and that section as applied in relation to any such premises as are mentioned in thesaid subsection (2) shall have effect subject to the necessary modifications.

[F59(4A)In section 150, at the end of subsection (5), there shall be added the words “and to any sum awardedas inlying expenses in a decree of affiliation and aliment"].

(5)For any reference to the Minister of Housing and Local Government there shall be substituted a referenceto the Secretary of State; and the local authority for the purposes of Part IV of this Act shall be a [F60council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(6)Section one hundred and eighty-seven shall have effect as if subsection (4) were omitted.

(7)Section one hundred and ninety-five shall have effect as if for the obligation imposed by subsection(4) on the officer therein mentioned to bring a person before a court of summary jurisdiction there weresubstituted an obligation to report to the procurator fiscal.

(8)F61 the expression “chattel” means corporeal moveable.

[F62(9)Where by virtue of this Act a document is admissible in evidence or is evidence of any matter statedin it in proceedings before a civil court in England, it shall be sufficient evidence of the matter sostated in such proceedings in Scotland.]

215 Application to Northern Ireland.U.K.

(1)The provisions of this section shall have effect for the purpose of the application of this Act toNorthern Ireland.

(2)F63 all fines imposed in proceedings taken before a court of summary jurisdictionin Northern Ireland shall be dealt with in the manner provided by section twenty of the M10Administration of Justice Act (Northern Ireland) 1954.

(3)

F64F65(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)References in subsection (2) of section one hundred and twenty-eight to [F66the Coroners Acts 1887 to 1926][F66the Coroners Act 1988], shall be construed as references to section thirty-nine of the M11Prison Act(Northern Ireland) 1953; and that section as applied in relation to any such premises as are mentioned inthe said subsection (2) shall have effect subject to the necessary modifications.

[F67(5A)Where a financial penalty enforcement order has been registered under section 133A above by a court ofsummary jurisdiction in Northern Ireland in respect of any person, a justice of the peace may issue asummons to that person requiring him to appear before the court which registered that penalty or a warrantfor the arrest of that person.

(5B)Where a person appears before a court of summary jurisdiction in Northern Ireland in pursuance of asummons or warrant issued under subsection (5A) above, the court may exercise the like powers as areconferred on it by [F68Part IX of the M12Magistrates’ Courts (Northern Ireland)Order 1981] (satisfaction and enforcement of orders).

(5C)A financial penalty enforcement order shall be registered in Northern Ireland under section 133A abovein accordance with Magistrates’ Courts Rules.]

F69(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70(6A)The reference in section 151A(1) to any judgment or order enforceable by a court in the United Kingdomshall include a reference to a judgment enforceable by the Enforcement of Judgments Office.]

(7)In Part IV of this Act references to a local authority shall be construed as references to a [F71Health and Social Services Board established under the M13Health and Personal Social Services (Northern Ireland) Order 1972] references to the Minister of Housing and Local Government shall be construed as references to the [F72Department of Health and Social Services] for Northern Ireland, and references to a chief officer of police shall be construed as referencesto a [F72chief superintendent of the Royal Ulster Constabulary or any other officer having arank equivalent to chief superintendent].

(8)For the reference in section one hundred and seventy-three to section thirty-five of the M14Road Traffic Act 1930, there shall be substituted a reference to section [F7275 of the M15Road Traffic Act (Northern Ireland) 1970 or anycorresponding enactment for the time being in force in Northern Ireland].

(9)For the reference in subsection (4) of section one hundred and eighty-seven to [F73the M16Magistrates’ Courts Act 1980], there shall be substituted a reference to the Summary Jurisdiction Acts (Northern Ireland) and therules made thereunder.

(10)For the reference in subsection (3) of section two hundred and three to a bankrupt’s trustee inbankruptcy there shall be substituted a reference to an assignee in bankruptcy.

(11)F74

216 Application to Channel Islands and Isle of Man.U.K.

[F75(1)This Act extends to the Channel Islands and the Isle of Man subject to the following provisions of this setion and to such modifications as Her Majesty may by Order in Counsil specify; and, where any such modification refers to any law for the time being in force in any of the Channel Islands or the Isle of Man, the modification may be expressed to have effect for all purposes of this Act to the Channel Islands or the Isle of Man, as the case may be).]

(2)Subject as hereinafter provided, references except in Part IV of this Act to the United Kingdom shallbe construed as including references to the Channel Islands and the Isle of Man.

(3)References in sections one hundred and nineteen, one hundred and twenty-six, one hundred andtwenty-seven and one hundred and forty-three to the United Kingdom shall not include references to theChannel Islands or the Isle of Man, and references in the said section one hundred and twenty-seven to acolony shall include references to the Channel Islands and the Isle of Man.

F76(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

217 Application to certain overseas territories.U.K.

(1)This Act shall apply in relation to any territory under Her Majesty’s protection, and any territory forthe time being administered by Her Majesty’s Government in the United Kingdom under the trusteeship systemof the United Nations, as it applies in relation to a colony; and accordingly references in this Act to HerMajesty’s dominions shall be construed as including references to any such territory.

(2)References in this Act to the law of a colony shall include, in relation to two or more colonies undera central legislature, references to law made by that legislature.

218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77U.K.

219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78U.K.

Supplemental provisionsF126U.K.

220 Jurisdiction of courts.U.K.

(1)In the United Kingdom or any colony, a civil court of any description having jurisdiction in the placewhere an offender is for the time being shall have jurisdiction to try him for any offence to which thissection applies which is triable by a court of that description notwithstanding that the offence wascommitted outside the jurisdiction of the court:

(2)The offences to which this section applies are offences against any of the following sections of thisAct, that is to say, section nineteen, section one hundred and sixty-one, section one hundred andseventy-one, and sections one hundred and ninety-one to one hundred and ninety-seven; and references in thissection to a part of the United Kingdom are references to England and Wales, Scotland or Northern Ireland.

221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79U.K.

222 Provisions as to summary fines in Colonies.U.K.

In the application of this Act to any colony, there shall, if the law of the colony so provides, besubstituted for the amount of any fine specified in this Act, being a fine which may be imposed on summaryconviction, such amount as may be provided by that law; and it shall be competent for the law of any colonyto declare what amount of the local currency is to be treated for the purposes of this Act as equivalentto any amount of money specified in this Act.

223 Execution of orders, instruments, etc.U.K.

Save as expressly provided by any rules or regulations under this Act, any order or determinationrequired or authorised to be made under this Act by any military, naval or air-force officer or authoritymay be signified under the hand of any officer authorised in that behalf; and any instrument signifying suchan order or determination and purporting to be signed by an officer stated therein to be so authorised shallunless the contrary is proved be deemed to be signed by an officer so authorised.

224 Provisions as to active service.U.K.

(1)In this Act the expression “on active service”, in relation to a force, means that itis engaged in operations against an enemy or [F80is engaged elsewhere than in the United Kingdom in operations for the protection oflife or property] or (subject to the provisions of this section) is in military occupation of a foreign country, andin relation to a person means that he is serving in or with a force which is on active service.

(2)Where any of Her Majesty’s military forces is serving outside the United Kingdom, and it appears to theappropriate authority that, by reason of the imminence of active service or of the recent existence ofactive service, it is necessary for the public service that the force should be deemed to be on activeservice, the appropriate authority may declare that for such period, not exceeding three months, beginningwith the coming into force of the declaration as may be specified therein that force shall be deemed to beon active service.

(3)Where it appears to the appropriate authority that it is necessary for the public service that theperiod specified in a declaration under the last foregoing subsection should be prolonged or, if previouslyprolonged under this subsection, should be further prolonged, the appropriate authority may declare thatthe said period shall be prolonged by such time, not exceeding three months, as may be specified in thedeclaration under this subsection.

(4)If at any time while any force—

(a)is on active service by reason only of being in military occupation of a foreign country; or

(b)is deemed to be on active service by virtue of the foregoing provisions of this section,

it appears to the appropriate authority that there is no necessity for the force to continue to betreated as being on active service, the appropriate authority may declare that as from the coming intooperation of the declaration the force shall cease to be, or to be deemed to be, on active service.

(5)Before any declaration is made under this section, the appropriate authority shall, unless satisfiedthat it is not possible to communicate with sufficient speed with the Secretary of State, obtain the consentof the Secretary of State to the declaration; and in any case where that consent has not been obtainedbefore the making of a declaration under this section the appropriate authority shall report the makingthereof to the Secretary of State with the utmost practicable speed.

(6)The Secretary of State may, if he thinks fit, direct that any declaration whereby any force is deemedto be, or to continue, on active service shall cease to have effect as from the coming into force of thedirection; but any direction under this subsection shall be without prejudice to anything done by virtueof the declaration before the coming into force of the direction.

(7)A declaration under this section shall have effect not only as respects the members of the force towhich it relates but also as respects other persons the application to whom of any provisions of this Actdepends on whether that force is on active service.

(8)In this section the expression “the appropriate authority” means—

(a)

F81(b)in relation to any force F82, the general officer or brigadier commanding the force, so however that wherethe force is under the command of a flag officer or air officer that officer shall be the appropriateauthority.

(9)

F83(10)Any declaration or direction under this section shall come into operation on being published in generalorders.

225 General provisions as to interpretation.U.K.

(1)In this Act:—

• “acting rank” means rank of any description (however called) such that under Queen’s Regulations a commanding officer has power to order the holder to revert from that rank, “acting warrant officer” and “acting non-commissioned officer” shall be construed accordingly, F84;

• “active service” shall be construed in accordance with the last foregoing section;

• [F85“admission order” has the meaning assigned to it by section 116B(1) of this Act;]

• “aircraft” means any machine for flying, whether propelled by mechanical means or not, and includes any description of balloon;

• “aircraft material” includes—

(a)parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

(b)engines, armaments, ammunition and bombs and other missiles of any description in, or for use in,aircraft;

(c)any other gear, apparatus or instruments in, or for use in, aircraft;

(d)any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft; and

(e)any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material;

• [F86“air signal” means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft];

• “appropriate superior authority” [F87means a person who may act as an appropriate superior authority by virtue of]subsection (2) of section eighty-two of this Act;

• F88. . .

• “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;

• “civil court” means a court of ordinary criminal jurisdiction but does not, except where otherwise expressly provided, include any such court outside Her Majesty’s dominions;

• “civil offence” has the meaning assigned to it by subsection (2) of section seventy of this Act;

• “commanding officer” has the meaning assigned to it by subsection (1) of section eighty-two of this Act;

• [F89“Commonwealth force” means any of the naval, military or air forces of Canada, the Commonwealth of Australia, New Zealand, [F90South Africa]India, [F91Pakistan,] Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidadand Tobago, Uganda, Kenya, Zanzibar, Malawi, Zambia, Malta, The Gambia, Guyana, Botswana, Lesotho,Singapore, Barbados, Mauritius, Swaziland, Tonga, Fiji, the Bahamas, Bangladesh, Grenada, Seychelles, Solomon Islands, Tuvalu, Dominica, Saint Lucia, Kiribati, Saint Vincent and the Grenadines, Papua New Guinea, Western Samoa, Nauru, the New Hebrides, Zimbabwe, Belize or Antigua and Barbuda [F92or Saint Christopher and Nevis][F93or Brunei or Maldives][F94or Namibia]]; [F95or Cameroon or Mozambique]

• “constable” includes any person (whether within or outside the United Kingdom) having powers corresponding with those of a constable; [F96but does not include a provost officer or a person exercising authority under or on behalf of a provost officer]

• “corps” means any such body of [F97Her Majesty’s military forces] as may from time to time be declared by warrant of Her Majesty to be a corps for the purposes of this Act;

• “corresponding civil offence” has the meaning assigned to it by subsection (2) of section seventy of this Act;

• “corresponding rank,” in relation to any rank or rating of any of Her Majesty’s naval, military or air forces, means such rank or rating of any other of those forces as may be declared by Queen’s Regulations to correspond therewith;

• [F98“court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;]

• “court-martial,” except where it is otherwise expressly provided, means a court-martial under this Act;

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

• “decoration” includes medal, medal ribbon, clasp and good-conduct badge;

• “desertion” shall be construed in accordance with subsection (2) of section thirty-seven of this Act;

• “enemy” includes all persons engaged in armed operations against any of Her Majesty’sforces, [F99or any forces co-operating therewith] and also includes all armed mutineers, armed rebels, armed rioters and pirates;

• “Governor” means, in relation to any colony, the officer, however styled, who is for thetime being administering the government of the colony F100, but where two or more colonies or the parts of any colony are under local governments and also under a central government, references to the Governor shall be construed as referencesto the officer, however styled, who is for the time being administering the central government;

• [F101[F102“guardianship order” has the meaning assigned to it by section 116C(1) of this Act;]

• “handles” has the same meaning as in the M17Theft Act 1968];

• “Her Majesty’s air forces", “Her Majesty’s military forces" or “Her Majesty’s naval forces"F103, except where otherwise expressly provided, does not include any Commonwealth force [F104and references to “Her Majesty’s forces”, except in sections F105 177, shall be construed accordingly];

• [F106"hospital order" has the meaning assigned to it by section 116A(6) of this Act;]

• [F107“the judge advocate” has the meaning assigned to it by section 84B(1) of this Act;]

• except where the context otherwise requires “oath” includes affirmation, and referencesto swearing shall be construed accordingly;

• [F108“judicial officer” means a person appointed under section 75L of this Act;]

• “property” includes real property in England or Wales or Northern Ireland, heritable property in Scotland, and property outside the United Kingdom of the nature of real property;

• [F109“the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;]

• “provost officer” means a provost marshal or officer appointed to exercise the functions conferred by or under this Act on provost officers and includes a naval provost marshal, an assistant toa naval provost marshal, and an officer appointed to exercise functions conferred by or under the M18Air Force Act 1955, and corresponding with those of a provost officer under this Act;

• “public property” means any property belonging to any department of Her Majesty’s Government in the United Kingdom or the Government of Northern Ireland or held for the purposes of any such department;

• “Queen’s Regulations” means the Queen’s Regulations for the Army;

• “regular forces” means any of Her Majesty’s military forces other than the army reserve,the Territorial Army F110. . ., and other than forces raised under the law of a colony, so however that an officer of any reserve of officers, or an officer who is retired within the meaning of any Royal Warrant, shall not be treated for the purposes of this Act as a member of the regular forces save in so faras is expressly provided by this Act;

• [F111“the relevant time” in relation to a person arrested under section 74 of this Act, means the time of the arrest;]

• [F106"restriction order" has the meaning assigned to it by section 116A(6) of this Act;]

• [F112“the Royal Air Force Police” includes the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred by or under the Air Force Act 1955 on provost officers;]

• “Royal Warrant” means the warrant or warrants of Her Majesty for the time being in force for regulating the pay and promotion of the army;

• F113. . .

• “service”, when used adjectivally, means belonging to or connected with Her Majesty’s military forces or any part of Her Majesty’s military forces;

• [F114“service law” means military law, air-force law or the M19Naval Discipline Act 1957;]

• [F115“service property" includes property belonging to an association established, or having effect as if established, under section 110 of the Reserve Forces Act 1996 or to the Navy, Army and Air Force Institutes.]

• “ship” includes any description of vessel;

• [F116“steals” has the same meaning as in the M20Theft Act 1968, and references to “stolen goods” shall be construed as if contained in that Act];

• “stoppages” means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation F117 . . ..

• [F118“the summary appeal court” means the court established by section 83ZA of this Act;]

• [F106"supervision order" has the meaning assigned to it by section 116A(6) of this Act;]

• [F119“supervision and treatment order” has the meaning assigned to it by section 116D(1) of this Act;]

[F120(1A)Any reference in this Act to Her Majesty’s aircraft is a reference to aircraft in the service of Her Majesty, whether belonging to Her Majesty or not, but does not include a reference to aircraft of a Commonwealth force other than aircraft placed at the disposal of Her Majesty for service with any of Her Majesty’s forces, and any reference to aircraft material shall be construed accordingly.

(1B)Any reference in this Act to Her Majesty’s ships is a reference to ships in the service of Her Majesty, whether belonging to Her Majesty or not, but does not include a reference to ships of any Commonwealth force other than ships placed at the disposal of Her Majesty for service with any of Her Majesty’s forces].

[F121(1C)References in this Act, in relation to any of Her Majesty’s forces, to an officer holding a commission include references to a person to whom a commission is required to be issued; and for the purposes of this Act, where a commission issued to any person takes effect from a date earlier than the date of its issue, that earlier date shall be conclusively presumed to be the date on which the requirement to issue the commission arose.]

[F122(2)References in this Act to warrant officers, non-commissioned officers or men of the army reserve being called out on permanent service are references to their being so called out whether in pursuance of [F123section 10 of the M21Reserve Forces Act 1980] or not, but in Part I of this Act and subsection (2) of section one hundred and sixty-seven thereof do not include references to their being called out [F124in pursuance of section 11 of or paragraph 16(1) or (2) or (3) of Schedule 8 to the M22Reserve Forces Act 1980].]

(3)Any power conferred by this Act to make provision by regulations, rules or other instrument shall include power to make that provision for specified cases or classes of cases, and to make different provision for different classes of cases, and for the purposes of any such instrument classes of cases may be defined by reference to any circumstances specified in the instrument.

(4)Any power conferred by the foregoing provisions of this Act to make an order shall be construed as including power, exercisable in the like manner and subject to the like provisions, to vary or revoke the order.

226Short title, commencement and duration.U.K.

(1)This Act may be cited as the Army Act 1955.

(2)—(5)F125