Armed Forces Act 1981

Part I — Continuance of Services Acts

Continuance of Services Acts

1

Part II — Trial and Punishment of Offences

Young service offenders: custodial orders

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to stay further proceedings under one of the Services Acts with a view to other proceedings

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marines: forfeiture of service where desertion confessed

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power on review or confirmation to annul the taking into consideration of other offences

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trial of persons ceasing to be subject to service law and time limits for trials

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent of accused's right to copy of record of court-martial proceedings

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right of penalised parent or guardian to copy of record of court-martial proceedings

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence derived from computer records

9

Amendments relating to trial and punishment of civilians under the Services Acts

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor amendments and repeals relating to procedure and evidence

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase in fine for certain minor offences under the Reserve Forces Act 1980

12

In section 143(1) of the Reserve Forces Act 1980 (fine not exceeding £5 for member of Ulster Defence Regiment for failure to attend or comply with orders, etc.) for “£5” there shall be substituted “£50”.

Part III — Miscellaneous

New powers in relation to persons under incapacity

Temporary removal to and detention for treatment in service hospitals abroad of servicemen and others suffering from mental disorder

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary removal to and detention in a place of safety abroad of children of service families in need of care or control

14

Amendments of the Naval Discipline Act 1957 as to offences and punishments

Prize offence: minor amendment as to intent

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power on summary trial to award stoppages

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of death penalty for spying in ships etc. abroad

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of the Services Acts relating to evidence and proceedings thereunder

Service of process in maintenance proceedings

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Officers who can take affidavits and declarations abroad

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Women's services: statutory assimilation and application thereto of certain enactments

20

• (1) Parts I and II of Schedule 3 to this Act shall have effect for the purpose of completing the assimilation for all purposes of the statute law of the women’s services administered by the Defence Council with the military, naval and air forces of the Crown in or with which their members serve.

• (2) Part III of that Schedule shall have effect for the purpose of applying to the members of Queen Alexandra’s Royal Naval Nursing Service . . . provisions of the Armed Forces Act 1966 applicable to ratings in the Royal Navy relating to discharge from service and to false statements made on entry into service.

• (3) The Reserve Forces Act 1980 shall have effect, and be deemed always to have had effect, with the substitution, in section 156(3) (application of the Act to women as to men), for the words “so far as it relates to the military and air forces” of the words “except so much of it as relates to the Royal Fleet Reserve and Royal Marines Reserve”.

Clarification of the meaning in the Naval Discipline Act 1957 of " marine forces " and " naval reserve forces "

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members of the armed forces are " employees " for the purposes of the Patents Act 1977

22

• (1) The Patents Act 1977 shall have effect, and be deemed always to have had effect, with the following amendments (being amendments to secure that members of the armed forces are “employees” for the purposes of that Act).

• (2) In section 42(4), at the end of the definition of “Crown employee”, there shall be added the words “or a person serving in the naval, military or air forces of the Crown.”.

• (3) In section 130(1), at the end of the definition of “employee, there shall be added the words ,q>or a person who serves (or served) in the naval, military or air forces of thr Crown”.

Inquiries: persons affected who must be given an opportunity to be present and represented

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of the office of Accountant General of the Navy

24

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Accordingly the enactments specified in this subsection which refer to that office shall be amended as follows—

• (a) in sections 6 and 8 of the Naval Agency and Disribution Act 1864 (registration of certain instruments in the Accountant General’s Office) for the words “in the office of the Accountant General of the Navy” there shall be substituted the words “with the Secretary of State” ; and

• (b) in section 47 of the Greenwich Hospital Act 1865 (Accountant General to prepare for audit the accounts of the hospital’s property) for the words “The Accountant general of the Navy” there shall be substituted the words “The Secretary of State”.

Naval prize cash balance not to include percentage deduction

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of military pensions

26

The Army Pensions Act 1914 (which requires pensions in respect of military service, whether payable under statute or the prerogative, to be paid in advance) shall cease to have effect except in relation to pensions which have been granted before the passing of this Act and which are, at the date of its passing, paid in advance in accordance with that Act.

Naval and marine pay and pensions: no further publication in London Gazette

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — General

Minor and consequential amendments and repeals

28

• (1) The enactments specified in Schedule 4 to this Act shall be amended in accordance with the provisions of that Schedule.

• (2) The enactments specified in Schedule 5 to this Act (which include some spent enactments) are hereby repealed to the extent specified in the third column of that Schedule subject, in the case of the repeals included in Part I, to the saving at the end of that Part.

Commencement

29

• (1) Subject to subsections (4) and (5) below, this Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.

• (2) Different dates may be so appointed for different provisions or for different purposes.

• (3) A provision brought into force by an order under subsection (1) above shall have effect subject to such supplementary provisions (which may include saving and transitional provisions) as may be specified in the order.

• (4) The following provisions of this Act shall come into force on the day it is passed, namely, sections 1, 7, 15, 16, 17, 19, 20, 21, 22, 25, 26, 27, 28(2), this section, section 30 and Schedule 3.

• (5) The repeals contained in Schedule 5 to this Act shall come into force in accordance with the provisions at the end of that Schedule.

Short title

30

This Act may be cited as the Armed Forces Act 1981.

SCHEDULE 1

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Standing Civilian Courts : appeal and suspending sentence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election for trial by court-martial after investigation by appropriate superior authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appropriate superior authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Places for sitting of courts-martial

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons under instruction at courts-martial

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Written evidence at courts-martial : repeal of unnecessary provision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Correction of wrong cross-reference in provision for making rules of procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Correction of wrong cross-reference in provision about maintenance orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in sexual offences cases: application to judge advocate in court’s absence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Part I — Statutory Assimilation

Existing enactments

1

• (1) Every enactment which refers to the armed forces or the naval, military or air forces of the Crown shall have effect as if the reference included a reference to the women’s services of those forces administered by the Defence Council and any enactment containing the words “men”, “soldiers”, “seamen”, “airmen” or other word importing a reference to persons of the male sex only as, or as having been, or as capable of being, members of the naval, military or air forces of the Crown shall have effect as if for such word there had been substituted therein words having a like meaning in other respects but importing a reference to persons of either sex.

• (2) Sub-paragraph (1) above applies for the interpretation of references to the reserve or auxiliary forces as it applies for the interpretation of references to the regular forces of the Crown.

• (3) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the Royal Navy.

• (4) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the naval, military or air forces of the Crown raised outside the United Kingdom; but nothing in this sub-paragraph affects the meaning of “visiting force” in the Visiting Forces (British Commonwealth) Act 1933 or Part I of the Visiting Forces Act 1952.

• (5) This paragraph has effect in place of subsection (1) of section 3 of the Army and Air Force (Women’s Service) Act 1948 (which makes corresponding provision in relation to the military and air forces) and of so much of any other enactment as explains, in relation to the women’s services, particular statutory references to the armed forces of the Crown; but the power to make Orders in Council under subsection (2) of that section shall include power to make the like provision in consequence of the preceding provisions of this paragraph so far as those provisions relate to the naval forces of the Crown.

Future enactments

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Specific

3

In section 2 of the Pensions Commutation Act 1871 , in the definition of “officer”, for the words “the Army and Navy” there shall be substituted the words “Her Majesty’s naval or land forces” and for the word “Navy” there shall be substituted the words “naval forces”.

4

In section 2(b) of the Colonial Prisoners Removal Act 1884 , for the words “the Royal Navy or to Her Majesty’s regular military forces” there shall be substituted the words “her Majesty’s regular military or naval forces”.

5

In the Uniforms Act 1894 , the following section shall be substituted for section 4:—

(4) In this Act— “Her Majesty’s Military Forces” has the same meaning as in the Army Act 1955 ; “Her Majesty’s Naval Forces” has the same meaning as in the Naval Discipline Act 1957.

.

6

In section 4 of the Air Force (Consititution) Act 1917 , for the words “His Majesty’s Navy or Army” there shall be substituted the words “the Royal Navy or His Majesty’s Army”.

7

In section 5(1) and in the definition of “British ship” insection 10 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 , for the words “His Majesty’s Navy” (in each place where those words occur) there shall be substituted the words “the Royal Navy”.

8

In section 68(2) of the Marriage Act 1949 , in paragraph (a), for the words following “is serving in” there shall be substituted the words “any of the regular armed forces of the Crown ; or” and in paragraph (b) for the word “mentioned” there shall be substituted the word “included”.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 21(5) of the Armed Forces Act 1976 , in the definition of “qualified officers”, for the word “Navy” (in each place where it occurs) there shall be substituted the words “Royal Navy”.

Part III — Application to QARNNS and WRNS of Provisions of 1966 Act as to Discharge, Etc.

Preliminary

11

• (1) The provisions of the Armed Forces Act 1966 specified in paragraphs 12, 13 and 14 below shall apply to members of and persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service . . . in accordance with the provisions of those paragraphs.

• (2) In those paragraphs “rating”, in relation to Queen Alexandra’s Royal Naval Nursing Service . . ., means a member of that Service of or below the rate of warrant officer.

Postponement of discharge in event of war, etc.

12

Section 4 (postponement of discharge or transfer to the reserve) shall have effect in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service as if it provided–

(4) (1) This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve. For the purposes of this section, “the relevant date”, in relation to a rating, means the date on which he would, apart from this section, be entitled to be discharged. (2) A rating to whom this section applies may be retained in service in Queen Alexandra’s Royal Naval Nursing Service after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly. (3) A rating may not be retained in Queen Alexandra’s Royal Naval Nursing Service after the relevant date for longer than twelve months. (4) A rating who is so retained is (if not discharged sooner) entitled to be discharged at the end of those twelve months. (5) If, while a person is being retained in service in Queen Alexandra’s Royal Naval Nursing Service by virtue of this section, it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged. (6) Where, at the time at which under subsections (1) to (5) above a person is entitled to be discharged, a state of war exists between Her Majesty and a foreign power– (a) he may, by declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in Queen Alexandra’s Royal Naval Nursing Service while such a state of war exists, and (b) if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (5) above were a period continuing so long as a state of war exists; but this is subject to subsection (7) below. (7) If it is so specified in the declaration, he shall be entitled to be discharged at the end of three months’ notice given by him to his commanding officer.

Discharge

13

Section 6 (except subsection (5)) shall apply to ratings of Queen Alexandra’s Royal Naval Nursing Service . . . as it applies to ratings of the Royal Navy.

False statements on entry

14

Section 8 shall apply to persons offering themselves for service in Queen Alexandra’s Royal Naval Nursing Service . . . as it applies to persons offering themselves for service in the Royal Navy.

SCHEDULE 4

The Army Act 1955

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rehabilitation of Offenders Act 1974

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The following entries shall be made in Table B in section 5(2) of the Rehabilitation of Offenders Act 1974 (rehabilitation period for particular sentences)—

• (a) after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—

A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.	Seven years.

• (b) after the second entry relating to such a custodial order—

A custodial order under section 71AA of the said Acts of 1955, or section 43AA of the said Act of 1957, where the maximum period of detention specified in the order is six months or less.	Three years.

The Rehabilitation of Offenders (Northern Ireland) Order 1978

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The following entries shall be made in Table B in Article 6(2) of the rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation period for particular sentences)—

• (a) after the first entry relating to a custodial order under Schedule 5A to the 1955 Acts, or under Schedule 4A to the 1957 Act—