SCHEDULES

FOURTH SCHEDULE Application of Act to Certain Civilians

Section 118.

1

In the application of any enactment contained in Part I of this Act to a person to whom it applies by virtue of section one hundred and eighteen of this Act—

a

for any reference to dismissal with disgrace from Her Majesty’s service there shall be substituted a reference to imprisonment for a term not exceeding two years; and

b

for any reference to dismissal from Her Majesty’s service (not being dismissal with disgrace) there shall be substituted a reference to a fine,

F2and in relation to such persons—

i

paragraphs (e) to (m) of section 43(1) above shall be omitted; and

ii

paragraph 15 of Schedule 4A below shall have effect in substitution for the words in that subsection from “and references in this Act” to the end.

2

. . . F3

3

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53A

In relation to persons to whom Part II of this Act applies by virtue of section 118 of this Act, sections 47A to 47E of this Act shall have effect with the substitution of references to paragraph 3 of this Schedule for references to section 45 of this Act.

F63B

In relation to such persons—

a

section 47K(2)(b) of this Act shall have effect with the omission of the words from the beginning to “(5) of this Act”, and

b

section 47L(6) of this Act shall have effect with the omission of paragraph (a).

4

In relation to a person liable to be tried as aforesaid, F7section 52Dof this Act shall apply as it applies in relation to a rating, but subject to the following modifications:—

a

the officer empowered to try and punish an offence in accordance with the said section 52D shall be such officer as may be determined by or under regulations made by F8the Defence Council for the purposes of this paragraph, F9. . .;

b

the punishment which may be awarded under that section shall in the case of any offence be a fine not exceeding F10 £100, and no other punishment shall be so awarded.

F114A

For the purposes of section 52(2) of this Act a person shall be deemed not to have ceased to be a person to whom this Act applies by virtue of section 118(2) of this Act 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.

F124B

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F134C

1

Where the summary appeal court hears an appeal brought by any person to whom this Act applies by virtue of section 118 of this Act and the court would otherwise include two officers qualified under section 52FH 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 to whom this Act applies by virtue of section 118.

2

References in Part II of this Act to the officers qualified under section 52FH for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of sub-paragraph (1) of this paragraph.

F145

Section 129B above shall apply to a person to whom this Act applies by virtue of section 118 above, as it applies to a person subject to this Act.