ALLIED FORCES (APPLICATION OF 23 GEO. 5. C. 6) (NO. 1) ORDER, 1940.

JurisdictionUK Non-devolved
CitationSI 1940/1818
Year1940

1940 No. 1818

VISITING FORCES

6. Allied Forces

THE ALLIED FORCES (APPLICATION OF 23 GEO. 5. C. 6) (NO. 1) ORDER, 1940.

PRESENT,

The King's Most Excellent Majesty in Council.

3 & 4 Geo. 6. c. 51.

23 Geo. 5. c. 6.

Whereas by subsection (3) of section one of the Allied Forces Act, 1940, His Majesty is empowered by Order in Council to provide for the application to any naval, military or air forces of any foreign Power allied with His Majesty of subsections (2) to (5) of section one, of sections two and three, of subsections (1) and (3) of section five, and of section six of the Visiting Forces (British Commonwealth) Act, 1933, as amended by or under any enactment, subject to such adaptations, modifications, and exceptions as may be provided by the Order:

Now, therefore, His Majesty, in exercise of the said powers, and of all other powers enabling Him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

Application of 23 Geo. 5. c. 6 to forces of allied Powers.

1. Such of the provisions hereinbefore recited as are contained in the Schedule to this Order shall have effect, as therein set out with adaptations and modifications, in relation to the naval, military and air forces of the following Powers allied with His Majesty, that is to say:—

Belgium, the Czechoslovak Republic, the Netherlands, Norway, Poland, Greece, Yugoslavia, the Republic of France, the Union of Soviet Socialist Republics.(a)

Interpretation.

2.—(1) In this paragraph and in the Schedule to this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

"Allied force" means any body, contingent or detachment of the naval, military or air forces of an allied Power which is, with the consent of His Majesty's Government in the United Kingdom, lawfully present in the United Kingdom or on board any of His Majesty's ships or aircraft;

"Allied Power" means any of the Powers mentioned in the last foregoing paragraph;

"Court" includes a service Court of Inquiry, and any officer of an

(a) Para. 1 as amended by S.R. & O. 1941 No. 651, p. 395 below; 1943 No. 1379 and 1945 No. 166.

allied force who is empowered by the law of the allied Power to which the force belongs to review the proceedings of a service court of that Power, or to investigate charges, or himself to dispose of charges, and the expression "sentence" shall be construed accordingly;

"Home forces" means the naval, military and air forces of His Majesty raised in the United Kingdom; and "home force" means any body, contingent, or detachment of any of the home forces;

"Member" in relation to an allied force includes a person who, being a member of another force of the same allied Power, is attached to the allied force, but a person shall not be deemed to be a member of the forces of an allied Power, unless he serves in the armed forces of that Power in a capacity corresponding to that of an officer or other rating or rank of His Majesty's forces; and

"Service courts" and "service authorities" mean, naval military and air force courts and authorities.

(2) Any power conferred by the provisions hereinbefore recited, as applied by this Order, to make an Order in Council shall be construed as including a power to revoke or vary the Order.

52 & 53 Vict. c. 63.

(3) The Interpretation Act, 1889, applies to the interpretation of this Order as it applies to the interpretation of an Act of...

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