Armed Forces Act 1966 (repealed)

Part I

Continuance of Army Act 1955 and Air Force Act 1955.

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Part II — Amendments of Law as to Entry, Enlistment and Terms of Service in regular Forces

Terms and Conditions of Service

Power of Defence Council to make regulations as to engagement of persons in regular forces.

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Provisions relating to the Royal Navy

Application of sections 4 to 10.

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Postponement, in certain cases, of discharge or transfer, to Royal Fleet Reserve of ratings. ,.

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Continuation of service in Royal Navy in imminent national danger.

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Discharge of ratings.

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Transfer of ratings to reserve.

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False statements on entry into Royal Navy.

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Consents to entry of young persons into Royal Navy.

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Validity of entry into Royal Navy.

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Cesser of certain obsolete,enactments.

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Provisions relating to Army and Air Force

Continuation of army and air-force service in imminent national danger.

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Amendment of provisions as to discharge and transfer to reserve of men of the Royal Marines.

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Interpretation of Part II

Interpretation of Part II.

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Part III — Other Amendments of Law relating to armed Forces

Provision applicable alike to Persons subject to Naval Discipline Act 1957, military Law or air-force Law

Taking into custody persons arrested or likely to be arrested by overseas authorities.

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Command over Her Majesty’s Forces

Powers of command over Her Majesty's forces.

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Amendments applicable alike to Army Act 1955, Air Force Act 1955 and Naval Discipline Act 1957

Increase in maximum fine awardable to civilians on summary trial under Armed Forces Acts.

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Procuring or assisting continuation of desertion or absence without leave.

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Application of Armed Forces Acts to Republic of Ireland.

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Amendments as to active service.

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Amendments applicable alike to Army Act 1955 and Air Force Act 1955

Substitution of fine by way of punishment for forfeiture of sums from pay.

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• (1) The following provisions of this section shall have effect for the purpose of substituting, for the punishment for which provision was made by section 19 of the Army and Air Force Act 1961 consisting in forfeiture of sums from the pay of persons found guilty under the Army Act 1955 or the Air Force Act 1955 (which Acts are hereafter referred to in this section as " the Acts " ) of offences, the punishment of a fine, and of making connected amendments.

• (2) Sections 71 (punishment of officers), 72 (punishment of other ranks), 78 (mode of dealing with charge against non-commissioned officer, soldier or airman on commanding officer's investigation) and 79 (mode of dealing with charge against officer or warrant officer after commanding officer's investigation) of each of the Acts as amended by the said Act of 1961 shall have effect with the substitution, for the words " forfeiture of a sum from pay " , wherever they occur, of the word " fine ".

• (3) The amount of a fine that may be awarded by a court-martial under either of the Acts by way of punishment for an offence—

• (a) except in the case of an offence against section 70 (civil offences) of either of them, shall not exceed the amount of the offender's pay for twenty-eight days; and

• (b) in the said excepted case—

• (i) where the civil offence constituting the offence against that section is punishable by a civil court in England only on summary conviction and is so punishable by a fine, shall not exceed the maximum amount of that fine ;

• (ii) where the said civil offence is punishable by a civil court in England on indictment (whether or not it is also punishable on summary conviction) by a fine, shall not exceed the maximum amount of that fine.

• (4) The amount of a fine that may be awarded by way of punishment for an offence where, under either of the Acts, a charge is dealt with summarily—

• (a) except in the case of an offence against the said section 70, shall not exceed the amount of the offender's pay for fourteen days ; and

• (b) in the said excepted case—

• (i) in any case, shall not exceed the amount mentioned in the foregoing paragraph;

• (ii) where the civil offence constituting the offence against that section is punishable by a civil court in England only on summary conviction and is so punishable by any fine of a maximum amount less than the amount so mentioned, shall not exceed that maximum ;

• (iii) where the said civil offence is punishable by a civil court in England on indictment by a fine of a maximum amount less than the amount so mentioned (whether or not it is also punishable on summary conviction) shall not exceed that maximum.

• (5) A warrant officer, non-commissioned officer and soldier shall cease to be liable, as provided by section 43(1) of the Army Act 1955, on conviction by court-martial of drunkenness to a fine in addition to any other punishment, and the limitation of five pounds thereby imposed on the amount of the fine to which he is liable on such conviction shall cease to have effect; and the reference in the foregoing provisions of this subsection to the Army Act 1955 shall be deemed to include a reference to the Air Force Act 1955, but those provisions shall, in their application to the last-mentioned Act, have effect with the substitution, for the word " soldier " , of the word " airman ".

• (6) For the purposes of this section a day's pay shall, as regards a person found guilty of an offence, be deemed to be the gross pay that is, or would (apart from any forfeiture) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.

• (7) In accordance with the foregoing provisions of this section, the following enactments shall cease to have effect, that is to say:—

• in each of the Acts, in section 43, the words from " and in the case of a warrant officer " to " five pounds ", and the words " with or without a fine " ;

• in each of the Acts, in section 72(2), paragraph (k) (by virtue of which the punishment for drunkenness by a fine is authorised);

• in each of the Acts, in section 78(3), paragraph (d) (by virtue of which the punishment for drunkenness by a fine not exceeding two pounds is authorised);

• in the said Act of 1961, section 19(6) and (7) (which relate to the amount of the punishment that may be inflicted by way of forfeiture of sums from pay).

• (8) Nothing in the foregoing provisions of this section shall be taken as affecting the amount of the fine that may be awarded by virtue of subsection (3) (a) or (b) of section 209 of the Army Act 1955 to a person to whom Part II of that Act applies by virtue of that section, or that may be awarded by virtue of subsection (3)(a) or (b) of section 209 of the Air Force Act 1955 to a person to whom Part II of that Act applies by virtue of that section.

Extension of power to award sentence of dismissal from service and renaming of " discharge with ignominy ".

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• (1) A court-martial shall have power under section 72 of the Army Act 1955 and section 72 of the Air Force Act 1955 (punishment of other ranks) to award a sentence of dismissal from Her Majesty's service not only, as provided by subsection (2)(d) of each of those sections, in the case of a warrant officer, but also in the case of a non-commissioned officer and, under the said section 72 of the Army Act 1955, in the case of a soldier and, under section 72 of the Air Force Act 1955, in the case of an airman; and, notwithstanding subsection (4) of each of those sections, such a sentence may be awarded in addition to any sentence the court has power to award by way of imprisonment or detention.

• (2) The punishment described in section 72(2)(c) of each of the said Acts as " discharge with ignominy from Her Majesty's service " shall henceforth be known as " dismissal with disgrace from Her Majesty's service ".

• (3) Accordingly.—

• (a) the said Acts shall each be amended as follows:—

• (i) in section 72(2) (scale of punishments), in paragraph (d), the words " in the case of a warrant officer " shall cease to have effect;

• (ii) for any reference, except in paragraph 1(3) of Schedule 6 (application of military or air-force law to attached members of any forces) to discharge with ignominy from Her Majesty's service there shall be substituted a reference to dismissal with disgrace from Her Majesty's service;

• (iii) in the said paragraph 1 (3) the words " or discharge with ignominy" shall cease to have effect;

• (b) the Army Act 1955 shall be amended as follows:—

• (i) for section 72(5) there shall be substituted the following subsection:—

(5) A warrant officer, non-commissioned officer or soldier sentenced by a court-martial to imprisonment may in addition thereto be sentenced to dismissal with disgrace from Her Majesty's service or to dismissal from Her Majesty's service

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• (ii) after the said section 72(5) there shall be inserted the following subsection:—

(5A) A warrant officer, non-commissioned officer or soldier sentenced by a court-martial to dismissal from Her Majesty's service may in addition be sentenced to detention

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• (c) the Air Force Act 1955 shall be amended as follows:—

• (i) for section 72(5) there shall be substituted the following subsection:—

(5) A warrant officer, non-commissioned officer or airman sentenced by a court-martial to imprisonment may in addition thereto be sentenced to dismissal with disgrace from Her Majesty's service, or to dismissal from Her Majesty's service

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• (ii) after the said section 72(5) there shall be inserted the following subsection:—

(5A) A warrant officer, non-commissioned officer or airman sentenced by a court-martial to dismissal from Her Majesty's service may in addition be sentenced to detention

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• (d) in the Naval Discipline Act 1957, in paragraph 1 of Schedule 2 (application of Act to attached military and air forces) paragraph (b) shall cease to have effect.

Power of Defence Council to authorise further officers to deal summarily with charges against certain officers and warrant officers.

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Qualification for membership of court-martial.

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Jurisdiction of civil courts.

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Amendments as to trial under Army Act 1955 and Air Force Act 1955 after trial by civil courts.

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Amendments relating to Her Majesty's aircraft, aircraft material and ships.

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Construction of references to Her Majesty's forces and amendment of definitions of " desertion " and " enemy ".

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Additional alternative offences of which an accused may be convicted by court-martial. '.

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Amendments of Army Act 1955 and Air Force Act 1955 with respect to Punishment of army N.C.Os.

Power of commanding officer as to reduction in rank of N.C.Os.

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Amendment applicable to Air Force Act 1955 only

Power to deal summarily with charges against officers of rank of squadron leader.

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Amendments applicable to Naval Discipline Act 1957 only

Fines by way of punishment for ratings and alteration of maximum amount of fines.

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Persons whose duty it is, for purposes of Naval Discipline Act 1957, to sign certificates of arrest or surrender of absentees or deserters.

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Amendment as to application to civilians of Naval Discipline Act 1957.

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Amendments as to trial by civil court after trial under Naval Discipline Act 1957, and trial under that Act after trial by civil court.

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Definition of " Her Majesty's forces " and amendment of definition of " enemy ".

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Part IV — General

Minor and consequential amendments, repeals and transitional provisions.

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Short title, construction and commencement.

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SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

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SCHEDULE 4

The Seamen's and Soldiers' False Characters Act 1906 — (6 Edw. 7. c. 5)

For section 3 there shall be substituted the following section:—

The Recall of Army and Air Force Pensioners Act 1948 — (12, 13 & 14 Geo. 6. c. 8)

The reference in section 2(3) to the provisions of the Army Act 1955 or the Air Force Act 1955 as to die term for which a person may be enlisted shall be construed as including a reference to the corresponding provisions of section 2 of this Act and regulations made thereunder.

The Auxiliary and Reserve Forces Act 1949 — (12, 13 & 14 Geo. 6. c. 96)

The reference in section 9(5)(a) to regulations under section 4(1) of the Naval Forces Act 1903 shall be construed as including a reference to regulations made under section 2 of this Act.

The Army Reserve Act 1950 — (14 Geo. 6. c. 32)

The following references, that is to say.—

shall be construed as referring also to transfer to that reserve in pursuance of regulations having effect under section 2 of this Act.

The Air Force Reserve Act 1950 — (14 Geo. 6. c. 33)

The following references, that is to say.—

shall be construed as referring also to transfer to that reserve in pursuance of regulations having effect under section 2 of this Act.

The Army Act 1955 — (3 & 4 Eliz. 2. c. 18)

For the words " minimum age for man's service ", wherever they occur, there shall be substituted the words " appropriate minimum age ".

In section 14, in subsection (1)(b), for the words " a proclamation under section ten ", there shall be substituted the words " an order under section ten " ; and, in subsection (2), the reference to enlistment in accordance With the provisions of Part I of the Army Act 1955 shall include a reference to enlistment under the provisions of regulations having effect under section 2 of this Act.

Section 59 shall cease to have effect.

For section 209(3)(a) there shall be substituted the following paragraph:—

In section 214, after subsection (4), there shall be inserted the following subsection:—

The Air Force Act 1955 — (3 & 4 Eliz. 2. c. 19)

For the words "minimum age for man's service ", wherever they occur, there shall be substituted the words " appropriate minimum age ".

In section 14, in subsection (1)(b), for the words " a proclamation under section ten ", there shall be substituted the words " an order under section ten " ; and, in subsection (2), the reference to enlistment in accordance with the provisions of Part I of the Air Force Act 1955 shall include a reference to enlistment under the provisions of regulations having effect under section 2 of this Act.

Section 59 shall cease to have effect.

For section 209(3)(a) there shall be substituted the following paragraph:—

In section 212, after subsection (4), there shall be inserted the following subsection:—

The Naval Discipline Act 1957 — (5 & 6 Eliz. 2. c. 53)

In section 24, in paragraph (b), after the words " any of Her Majesty's forces " there shall be inserted the words " or any forces co-operating therewith " .

Section 123(2) shall cease to have effect.

In section 126(3), the words " to a justice of the peace" shall cease to have effect.

In Schedule 2, paragraph 4 shall cease to have effect.

The Army and Air Force Act 1961 — (9 & 10 Eliz. 2. c. 52)

For the words " minimum age for man's service ", wherever they occur, there shall be substituted the words " appropriate minimum age ".

The Navy, Army and Air Force Reserves Act 1964 — (1964 c. 11)

In section 2, in subsection (1), the reference to a person's having enlisted under section 2 of the Army and Air Force Act 1961 shall include a reference to his having enlisted in pursuance of regulations made under section 2 of this Act; and in subsection (4), the reference to the provisions of the Army and Air Force Act 1961 as to the term for which a person may be enlisted shall be construed as including a reference to the corresponding provisions of section 2 of this Act and regulations made thereunder.

SCHEDULE 5

SCHEDULE 6

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