Army Act 1955 (repealed)

211 Application of Act to reserve and auxiliary forces. F7U.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 any reserve of officers 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

(b)officers holding commissions in the Territorial Army while the part of the Territorial Army to whichthey belong is embodied or while they are called out for home defence service or are undergoing training,and

(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.

(2)Subsections (1), (5) and (6) of section seventeen of this Act shall apply to warrant officers,non-commissioned officers and men of the army reserve and the Territorial Army as they apply to warrantofficers, non-commissioned officers and soldiers of the regular forces.

(3)

F1(4)F2, sections one hundred and fifty to one hundred and fifty-three of this Act and,except in so far as they may be applied by regulations made under [F3the M1Reserve Forces Act 1980], the provisions of Part II of this Act relating to the award of stoppages and the provisions ofsections one hundred and forty-four to one hundred and forty-nine of this Act, shall not apply—

(a)to officers of any reserve of officers who are not in actual service,

(b)to warrant officers, non-commissioned officers or men of the army reserve except when called out onpermanent service, or

(c)to officers, warrant officers, non-commissioned officers or men of the Territorial Army except when thepart of the Territorial Army to which they belong is embodied or they are called out for home defenceservice.

(5)In the last foregoing subsection the expression “actual service”, in relation to an officer of any reserve of officers, means that he isserving (otherwise than when undergoing training) with a body of the regular forces, or of the army reservewhen called out on permanent service, or with [F4members of the territorial and army volunteer reserve who are serving in pursuanceof [F5section 10(1) or section 11(1) of the M2Reserve Forces Act 1980]] or called out for home defence service.

(6)The provisions of sections one hundred and eighty-two and one hundred and eighty-three of this Act shallnot apply at any time to officers holding commissions in the Territorial Army or to warrant officers,non-commissioned officers or men of the Territorial Army; and the provisions of the said section one hundredand eighty-three shall not apply to a warrant officer, non-commissioned officer or man of the army reserveexcept when he is called out on permanent service.

(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 [F6section 71(1) there were inserted immediately before paragraph (h)] the following paragraph—

[F6“(gg)”] dismissal from the Territorial Army,

and as if the punishments specified in subsection (3) of section seventy-eight of this Act includeddismissal from the Territorial Army:

(8)An officer of any reserve of officers, an officer holding a commission in the Territorial Army, or awarrant officer, non-commissioned officer or man of the army reserve or the Territorial Army may be attachedtemporarily to any of Her Majesty’s naval or air forces whether or not he is subject to military law, butif not subject thereto shall not be so attached except with his consent.