Air Force Constitution Act 1917

PART IEstablishment of Air Force

1Raising and number of Air Force

It shall be lawful for His Majesty to raise and maintain a force, to be called the Air Force, consisting of such number of officers, warrant officers, non-commissioned officers, and men as may from time to time be provided by Parliament.

2Government, discipline, and pay of Air Force

(1)Subject to the provisions of this Act it shall be lawful for His Majesty, by order signified under the hand of a Secretary of State, to make orders with respect to the government, discipline, pay, allowances, and pensions of the Air Force, and with respect to all other matters and things relating to the Air Force, including any matter by this Act authorised to be prescribed or expressed to be subject to orders or regulations.

(2)The said orders may provide for the formation of men of the Air Force into separate units, and for the formation of such units into corps, and for appointing, transferring, or attaching men of the Air Force to units, and for posting, attaching, and otherwise dealing with such men within the units, and may regulate the appointment, rank, duties, and numbers of the officers and non-commissioned officers of the Air Force.

(3)Subject to the provisions of any such order, the Air Council hereinafter constituted may make general or special regulations with respect to any matter with respect to which His Majesty may make orders under this section :

Provided that the administration of pensions, other than service pensions within the meaning of the [6 & 7 Geo. 5. c. 65.] Ministry of Pensions Act, 1916, shall vest in the Minister of Pensions.

(4)All orders and general regulations made under this section shall be laid before Parliament as soon as may be after they are made.

3Transfer and attaching to Air Force of members of Naval and Military Forces

(1)Any officer, warrant officer, petty officer, non-commissioned officer, or man of any of His Majesty naval or military forces may, with his consent and subject to the approval of the Admiralty or Army Council (as the case may be) be transferred by the Air Council to the Air Force, or attached by the Air Council to the Air Force for the period of the present war or. for a period not exceeding four years :

Provided that—

(a)any officer, warrant officer, petty officer, non-commissioned officer, or man who at such date as may be fixed by Order in Council belongs or is attached to the Royal Naval Air Service, the Royal Flying Corps or any unit of the naval or military forces engaged in defence against aircraft which is designated by the Admiralty or Army Council for the purpose, may be so transferred or attached without his consent, but if any person so transferred or attached, within three months from the time when he receives notice of such transfer or attachment or such longer period as in any particular case the Air Council may allow, gives notice to his commanding officer that he does not desire to be so transferred or attached, the transfer or attachment shall be annulled without prejudice to the validity of anything which may have been done in the meanwhile ; and

(b)no person transferred to the Air Force under the provisions of this section shall be liable to serve with the Air Force for any longer period than that for which he would have been liable to serve had he continued in the force from which he was transferred.

(2)Regulations made by the Air Council may provide that in the case of a person so transferred, the time during which he held a commission or served in the force from which he is transferred shall, for such purposes as may be prescribed, be aggregated with the time during which he holds a commission or serves in the Air Force, and that his entry into or enlistment in the force from which he is transferred shall, for such purposes as may be prescribed, be treated as enlistment into the Air Force.

(3)Where any person is transferred to the Air Force under this section, then for the purposes of pay, pensions, gratuity, and retired or half-pay, and of any decoration or reward dependent on length of service, any previous service with His Majesty's naval or military forces which would have counted as service towards pay, pension, gratuity, retired or half-pay, or such decoration or reward if he had not been so transferred, shall he deemed to he service with the Air Force towards pay, pension, gratuity, retired or half-pay, or such decoration or reward.

(4)Where any person is attached to the Air Force under this section, the fact that he is so attached shall not affect any right to any pay, pension, gratuity, retired or half-pay, or such decoration or reward as aforesaid, already earned by him in that branch of His Majesty's naval or military forces to which he belonged at the date on which he was so attached, and the period during which he is so attached shall, for the purpose of any provisions relating to pay, pensions, gratuity, retired or half-pay, or such decoration or reward, be deemed to he service with that branch of His Majesty's naval or military forces to which he belonged at the date on which he was so attached.

4Rights of officers

Officers in the Air Force shall enjoy all such powers, rights, immunities, and privileges as are enjoyed by commissioned officers of His Majesty's Navy or Army as such, whether conferred by statute or otherwise, and the acceptance of a commission in the Air Force shall not render a person accepting such a commission incapable of being elected to or sitting or voting in the Commons House of Parliament, and nothing in the [6 Anne, c. 41.] Succession to the Crown Act, 1707, or any similar enactment shall extend to any member of the Commons House of Parliament who, being an officer of the Air Force, receives any new or other commission in the Air Force, or receives a commission in His Majesty's Navy or Army, or who, being an officer in His Majesty's Navy or Army, receives a commission in the Air Force.

5Application of Military Service Acts, &c

(1)Any men who, by virtue of the [5 & 6 Geo. 5. c. 104.] Military Service Acts, 1916 and [6 & 7 Geo. 5. c. 15.] 1917, are deemed to have been enlisted in His Majesty's regular forces and to have been transferred to the reserve, or who having voluntarily enlisted in the regular forces have been so transferred, shall on being called up for service be liable to be transferred to the Air Force.

(2)There shall be included amongst the exceptions mentioned in the First Schedule to the Military Service Act, 1916, the following:—

Men serving in the Air Force.

6Air Force Reserve and Auxiliary Force

(1)It shall be lawful for His Majesty to raise and maintain an Air Force Reserve and an Auxiliary Air Force consisting in each case of such number of officers, warrant officers, noncommissioned officers, and men as may from time to time be provided by Parliament, and to provide for the transfer or attachment to the Auxiliary Air Force, subject to their consent, of officers and men of any unit of the territorial force which at the passing of this Act forms part of the Royal Flying Corps.

(2)His Majesty may, by Order in Council, apply with the necessary adaptations to the Air Force Reserve, or to the Auxiliary Air Force, or to the officers or men of any such force, any enactment relating to the Army Reserve or to the Territorial Force or to the officers or men of those forces, and such Order in Council shall be laid before both Houses of Parliament.

7Consequential amendments of Naval Discipline Act and Army Act

The amendments set out in the second column of the tables in Part I. and Part II. of the First Schedule to this Act (being amendments consequential on the establishment of an air force) shall be made in or inserted after the provisions of the Naval Discipline Act and the Army Act respectively mentioned in the first column of those tables, and section two of the [7 & 8 Geo. 5. c. 34.] Naval Discipline Act, 1917 (which relates, to the printing and construcr tion of the Naval Discipline Act), shall apply to the amendments of the Naval Discipline Act made by this Act in like manner as it applies to the amendments thereof made by that Act.

PART IIEstablishment of Air Council

8Establishment of Air Council

(1)For the purpose of the administration of matters relating to the Air Force and to the defence of the realm by air there shall be established an Air Council consisting of one of His Majesty's Principal Secretaries of State who shall be President of the Air Council and of other members who shall be appointed in such manner and subject to such provisions as His Majesty may, by Order in Council, direct.

(2)His Majesty may, by Order in Council, fix the date as on which the Air Council is to be established, and make provision with respect to. the proceedings of the Air Council and the manner in which the business of the Council is to be distributed among the members thereof.

(3)On the establishment of the Air Council, the Air Board constituted under the [6 & 7 Geo. 5. c. 68.] New Ministries and Secretaries Act, 1916, shall cease to exist, and all the powers, duties, rights, liabilities, and property of that Board shall be transferred to the Air Council, but nothing in this subsection shall affect any orders, instructions, or other instruments issued by the Air Board, and all such instruments shall have effect as if issued by the Air Council.

(4)His Majesty may, by Order in Council, transfer from the Admiralty, or from the Army Council or the Secretary of State for the War Department, to the Air Council or the President of the Air Council such property, rights, and liabilities of the Admiralty or Army Council or Secretary of State as may be agreed between the Air Council and the Admiralty or the Army Council, as the case may be.

9Staff, remuneration, and expenses

(1)The Air Council may appoint such secretaries, officers, and servants as the Council may, with the sanction of the Treasury, determine.

(2)There shall be paid, out of moneys provided by Parliament, to the members of the Air Council, and to the secretaries, officers, and servants of the Council, such salaries or remuneration as the Treasury may determine.

10Style, seal, and proceedings of Air Council

(1)The Air Council may sue and be sued, and may for all purposes be described, by that name.

(2)The Air Council shall have an official seal, which shall be officially and judicially noticed, and that seal shall be authenticated by the signature of the President, or of a secretary, or of some' person authorised by the Council to act on behalf of the secretary.

(3)Every document purporting to be an instrument issued by the Air Council, and to be sealed with the seal of the Council, authenticated in manner provided by this Act. or to be signed by a secretary or any person authorised by the Council to act on behalf of the secretary, shall be received in evidence, and be deemed to be such an instrument without further proof, unless the contrary is shown.

(4)A certificate signed by the President of the Air Council that any instrument purporting to be made or issued by the Council was so made or issued shall be conclusive evidence of the fact.

(5)The [31 & 32 Vict. c. 37.] Documentary Evidence Act, 1868, as amended by the [45 & 46 Vict. c. 9.] Documentary Evidence Act, 1882, shall apply to the Air Council as if that Council were, mentioned in the first column of the schedule to the first-mentioned Act, and as if the President, or a secretary of the Council, or any person authorised by the President to act on behalf of the Council, was mentioned in the second column of that schedule.

11Provisions as to sitting in Parliament

The number of Principal Secretaries of State and Under Secretaries capable of sitting and voting in the Commons House of Parliament shall be increased to five, and accordingly section four of the [21 & 22 Vict. c. 106.] Government of India Act, 1858, and section one of the [27 & 28 Vict. c. 34.] House of Commons (Vacation of Seats) Act, 1864, shall have effect as if the word "five" was substituted for the word " four " wherever that word occurs in those sections:

Provided that nothing in this provision shall affect the operation of section nine of the New Ministries and Secretaries Act, 1916, so long as that section continues in force.

PART IIIDiscipline, &c

12Application of Army Act to Air Force

(1)The Army Act as in force immediately before the passing of this Act shall, subject to the modifications se'". out in the Second Schedule to this Act (being amendments required to adapt that act to the circumstances of the Air Force), apply with respect to the Air Force, and shall, as so modified, take effect as a separate Act of the present session of Parliament, and may be printed as a separate Act by the printers to His Majesty and intituled " An Act to provide for the Discipline and Regulation of the Air Force," and that Act may, subject to any modifications, which may from time to time be made therein, be cited as the Air Force Act:

Provided that, for the purposes of section eighty-eight of the Air Force Act (relating to the continuance of men in air-force service in case of emergency), the proclamation issued under section eighty-eight of the Army Act on the outbreak of the present war shall have effect as if it had been issued under the first-mentioned, as well as the last-mentioned, section, and had applied to the Air Force as well as to the Army.

(2)The Air Force Act shall continue in force only as long as the Army Act contiuues in force, and during the present war the number of the forces mentioned in the preamble to the Army (Annual) Act shall include the number of the Air Force

(3)Where, by any enactment passed after the passing of this Act, any amendments are made in the Army Act the corresponding amendments shall be made in the Air Force Act, subject to such modifications and exceptions as His Majesty in Council may declare to be necessary for adapting the same to the Air Force.

(4)Where, by any enactment passed after the passing of this Act and for the time being in force, any enactments or words are directed to be substituted in the Army Act or the Air Force Act for any other enactments or words, or to be added to or omitted from the Army Act or the Air Force Act, then all copies of the Air Force Act printed after such direction takes effect shall be printed with the said enactments or words added to the said Act or omitted therefrom, or inserted therein in lieu of any enactments or words for which the same are to be substituted, according as such direction requires, and with the sections and subsections numbered in accordance with such direction, but, as respects amendments to the Army Act, subject to such modifications and exceptions as aforesaid, and the Air Force Act shall be construed as if it had at the time at which such direction takes effect been enacted with such addition, omission, or substitution.

(5)A reference in any enactment passed after the passing of this Act to the Air Force Act shall, unless the context otherwise requires, be construed to refer to the Air Force Act as amended by any enactment for the time being in force.

13Application of other Acts

His Majesty may, by Order in Council, apply, with the necessary modifications and adaptations, in relation to the Air Council, the President of the Air Council, and the Air Force, and the officers and men thereof, and Air Force property or institutions, any of the enactments relating to- the Army Council, the Secretary of State for the War Department, the Army, or the officers and soldiers thereof (including enactments conferring any powers, rights, exemption or abatement from taxation or immunities or imposing any duties or disabilities on such officers or soldiers), or to military property or institutions, and every such Order in Council shall be laid before both Houses of Parliament.

PART IVGeneral

14Power to alter and revoke orders

Orders in Council, orders, and regulations made under this Act may be varied and revoked by subsequent Orders in Council, orders, and regulations made in like manner.

15Short title

This Act may be cited as the Air Force (Constitution) Act, 1917. .