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Naval Discipline Act 1957

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This is the original version (as it was originally enacted).

Section 118.

FOURTH SCHEDULEApplication of Act to Certain Civilians

1In 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,

and paragraphs (f) to (m) of subsection (1) of section forty-three shall not apply.

2In section thirty-nine of this Act, in its application to any such person, after the words " naval discipline " there shall be inserted the words " or contravenes or fails to comply with any provision of standing orders or of other routine orders of a continuing nature made for any ship or naval establishment, being a provision known to him or which he might reasonably be expected to know ".

3Any person found committing an offence for which he is liable to be tried by virtue of the said section one hundred and eighteen, or alleged to have committed or reasonably suspected of having committed such an offence, may be arrested by a provost officer, by any officer or person legally exercising authority under a provost officer or on his behalf, or by or on the orders of any officer subject to this Act; and subsection (3) of section forty-five of this Act shall apply to the powers of arrest conferred by this paragraph as it applies to the powers conferred by that section.

4In relation to a person liable to be tried as aforesaid, section forty-nine of 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 forty-nine shall be such officer as may be determined by or under regulations made by the Admiralty for the purposes of this paragraph, and subsections (4) and (5) of that section shall not apply;

(b)the punishment which may be awarded under that section shall in the case of any offence be a fine not exceeding ten pounds, and no other punishment shall be so awarded.

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