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Version Superseded: 28/03/2009
Point in time view as at 05/11/1993.
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An Act to amend and consolidate the Colonial Naval Defence Acts, 1865 and 1909.
[3rd March 1931]
Modifications etc. (not altering text)
C1Act applied by Colonial Naval Defence Act 1949 (c. 18), s. 1(2)(3); amended by Colonial Naval Defence Act 1949 (c. 18), s. 1(6); extended by Naval Discipline Act 1957 (c. 53), s. 115(1)
C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C3Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1
Commencement Information
I1Act wholly in force at Royal Assent
(1)The legislature of any colony may, with the approval of His Majesty in Council, make provision at the expense of the colony for maintaining and using vessels of war, subject to such conditions as His Majesty in Council may approve.
(2)The powers conferred on the legislature of a colony by the last foregoing subsection may be exercised in conjunction with the legislature of any other colony.
(3)His Majesty in Council may, on such conditions as he thinks fit, authorise the Admiralty to accept any offer made by the Government of a colony to place at His Majesty’s disposal for general service in the Royal Navy any vessel of war maintained by the colony, and while any such vessel is at the disposal of His Majesty as aforesaid, it shall be deemed for all purposes to be a vessel of war of the Royal Navy.
Modifications etc. (not altering text)
C4Functions of Admiralty now exercisable by a Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), ss. 1(2), 3(2)
(1)Where the legislature of any colony has made provision for raising a force for the naval defence of the colony within its territorial waters, that legislature may, with the approval of His Majesty in Council, further provide that all or any of the officers and men of that force—
(a)shall, whether serving ashore or afloat or within or without the limits of the colony, be subject to all the enactments and regulations for the time being in force for the enforcement of discipline in the Royal Navy, with such modifications and adaptations as may be made by the legislature to adapt those enactments and regulations to the circumstances of the colony;
(b)shall be liable to service and training in any ship, establishment or other place without the limits of the colony, whether belonging to the colony or not;
(c)shall, in the case of officers or men entered on the express terms of accepting general service in the Royal Navy in emergency, form part of the Royal Naval Reserve . . . F1:
Provided that the enactments and regulations for the time being in force relating to officers and men of the Royal Naval Reserve . . . F1raised in the United Kingdom shall not, subject to the provisions of the next following subsection, apply to officers or men raised by a colony except in so far as those enactments and regulations may be applied by the legislature of the colony under the foregoing provisions of this subsection.
(2)His Majesty in Council may, on such conditions as he thinks fit, authorise the Admiralty to accept any offer made by the Government of a colony to place at His Majesty’s disposal for general service in the Royal Navy the whole or any number of the officers or men of the force raised by the colony as aforesaid . . . F2
Provided that the amount of the pay, wages, pensions, grants and other emoluments of any such officers and men while at the disposal of His Majesty, or of their wives, widows, children or other dependants, shall be such as may be determined by the legislature of the colony.
Textual Amendments
F1Words expressed to be repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28, Sch. 5 Pt. II
F2Words repealed by Naval Discipline Act 1957 (c. 53), Sch. 6
Modifications etc. (not altering text)
C5S. 2 extended by Colonial Naval Defence Act 1949 (c. 18), s. 1(4)(5)(7)
C6Functions of Admiralty now exercisable by a Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), ss. 1(2), 3(2)
Nothing in this Act or any Order in Council made thereunder shall be taken to authorise the payment out of the revenues of the United Kingdom of any expenses incurred in equipping or maintaining any vessel, officers or men placed at the disposal of His Majesty under this Act, or in providing the pay, wages, pensions, grants or other emoluments of any such officers or men or of their wives, widows, children or other dependants, but any such expenses may be so paid, if, and so far as, moneys may be provided by Parliament in any year for that purpose.
(1)This Act may be cited as the Colonial Naval Defence Act, 1931.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The powers conferred by this Act are in addition to, and not in derogation of, any powers which would be exerciseable by the legislature of a colony apart from this Act.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F3S. 4(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI
F4S. 4(4) repealed by Naval Discipline Act 1957 (c. 53), Sch. 6
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