Armed Forces Act 1966
| Year | 1966 |
Armed Forces Act 1966
1966 CHAPTER 45
An Act to continue the Army Act 1955 and the Air Force Act 1955; to amend those Acts and the Naval Discipline Act 1957; to make fresh provision as to the engagement of persons for service in the Royal Navy, regular army and regular air force and as to the discharge and prolongation of service of ratings of the Royal Navy; to make provision as to the transfer to the reserve of such ratings; to provide for the taking into service custody in certain circumstances of persons overseas and subject to service law; and for purposes connected with the matters aforesaid.
[21st December 1966]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Continuance of Army Act 1955 and Air Force Act 1955
1 Continuance of Army Act 1955 and Air Force Act 1955.
(1) The Army Act 1955 and the Air Force Act 1955 shall, instead of expiring at the end of the year 1966, continue in force until the end of the year 1967 and shall then, unless continued in force in accordance with the following provisions of this section, expire.
(2) Subject to the provisions of the next following subsection, Her Majesty may from time to time by Order in Council provide that the Army Act 1955 or, as the case may be, the Air Force Act 1955 shall continue in force for a period of twelve months beyond the day on which it would otherwise expire.
(3) No Order in Council shall be made under the last foregoing subsection so as to continue either of the said Acts beyond the end of the year 1971.
(4) No recommendation shall be made to Her Majesty in Council to make an order under subsection (2) above unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament.
(5) Section 1 of the Army and Air Force Act 1961 shall be repealed at the end of the year 1966.
Part II
Amendments of Law as to Entry, Enlistment and Terms of Service in regular Forces
Terms and Conditions of Service
2 Power of Defence Council to make regulations as to engagement of persons in regular forces.
(1) The Defence Council may, for the purpose of regulating the terms for which persons entering the Royal Navy and enlisting in the regular army or regular air force may be entered or enlisted and the conditions of service therein, by regulation make provision for all or any of the following purposes, that is to say,—
(a ) specifying the duration of any such term, whether by reference to a number of years or another criterion or a number of years and another criterion;
(b ) requiring any such term to be one of full-time service, or to be in part full-time service and in part service with a reserve force;
(c ) enabling a person to determine his full-time service at any time for which provision is made under the regulations, or to transfer at any such time to a reserve force;
(d ) restricting a person, in consideration of the acceptance by him of any benefit or advantage, from exercising any such right as is referred to in the last foregoing paragraph;
(e ) enabling a person entered or enlisted for a term of service of a description specified in the regulations to obtain treatment as if he had entered or enlisted for a term of service of a different description;
(f ) enabling a person to extend the term of his service, whether full-time or in a reserve force, or both;
(g ) enabling a person to continue in service after completion of the term of his service;
(h ) enabling a person in a reserve force to re-enter on full-time service,
and the exercise of any right conferred on a person by virtue of any of the foregoing paragraphs may be made subject to such conditions as may be specified in the regulations.
(2) Regulations under this section may make different provision for different cases, and, in particular, for entry into the Royal Navy, enlistment in the regular army and enlistment in the regular air force, and may, to such extent as appears to the Defence Council to be consequential on the provisions of the regulations, repeal, in the case of the enactments specified in columns 1 and 2 of Schedule 1 to this Act, all or any of the provisions specified in column 3 of that Schedule, and make such other consequential provisions and such incidental or transitional provisions as appear to them necessary or expedient for the purposes of the regulations.
(3) In relation to a person entered in naval service or enlisted in the regular army or the regular air force before the coming into effect of a regulation made under this section, no provision of the regulation shall be so framed so as, except with the consent of that person, to vary or revoke a right to which he is entitled by or under any Act of Parliament (including this Act) relating to entry in the Royal Navy or enlistment in the regular army or regular air force or conditions of service therein, not being a right exercisable only with the approval or consent of another person or an authority, or to impose on him an obligation to which he is not already subject.
(4) Regulations under this section shall be made by statutory instrument, and—
(a ) except in the case of a statutory instrument containing regulations whereby provision is made for repealing or amending an enactment, a statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament; and
(b ) in the said excepted case, a draft of the statutory instrument shall be laid before Parliament.
Provisions relating to the Royal Navy
3 Application of sections 4 to 10.
3. The seven next following sections shall have effect for the purpose of putting into effect in relation to the Royal Navy provisions similar to those having effect in relation to the regular army and the regular air force by virtue of sections 2(3) to (5), 9, 10, 11, 12, 18, 19 and 61 of the Army Act 1955and the Air Force Act 1955, the provisions so put into effect, so far as they relate to the discharge and prolongation of service of ratings, and statements on entry in the Royal Navy, replacing the provisions of section 1 of the Naval Enlistment Act 1835(so far as they so relate) and sections 9 and 16 of the Naval Enlistment Act 1853.
4 Postponement, in certain cases, of discharge or transfer to Royal Fleet Reserve of ratings.
(1) Where at the time at which, apart from this section, a rating would be entitled to be discharged, or would fall to be transferred to the Royal Fleet Reserve, either—
(a ) a state of war exists between Her Majesty and a foreign power; or
(b ) warlike operations are in preparation or in progress; or
(c ) men of the Royal Naval Reserve are called into actual service,
he may be retained in service in the Royal Navy for such period as is hereinafter mentioned, and his service may be prolonged accordingly.
An exercise, by virtue of paragraph (b ) above, of the power conferred by this subsection shall be reported to Parliament forthwith.
(2) No person shall be retained in service in the Royal Navy by virtue of this section later than the expiration of twelve months after the date on which, apart from this section, he would be entitled to be discharged.
(3) Subject to the provisions of the last foregoing subsection, any person who, apart from this section, would be entitled to be discharged may be retained in service in the Royal Navy for such period as the competent authority may order.
(4) Subject as...
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