Armed Forces (Conditions of Service) Act 1939
| Jurisdiction | UK Non-devolved |
Armed Forces (Conditions of Service) Act, 1939
(2 & 3 Geo. 6.) CHAPTER 68.
An Act to amend the law with respect to the conditions of service of members of the armed forces of the Crown.
[1st September 1939]
Be it enacted by the King'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:—
1 Men of royal navy.
(1) Notwithstanding anything in subsection (1) of section two of the Naval Enlistment Act, 1884 , a person may, during the period of the present emergency, be entered into the naval service of His Majesty for continuous and general service until the end of that period.
(2) Subsection (2) of section two of the Naval Enlistment Act, 1884, (which provides that men and boys entering in pursuance of that section shall be liable to serve in accordance with the terms of their entry, and that the provisions of the Naval Enlistment Act, 1835 , and of the enactments amending that Act shall be applicable to every man and boy as if the term for which he is entered and liable to serve were throughout substituted for the term mentioned in those provisions) shall have effect as if the reference in that subsection to that section included a reference to this section.
2 Men of royal marine forces.
2. Notwithstanding anything in section one of the Royal Marines Act, 1847, or in section one of the Royal Marines Act, 1857, a person may, during the period of the present emergency, be enlisted to serve in the royal marine forces as a marine until the end of that period.
3 Soldiers of regular forces other than marines.
(1) Notwithstanding anything in section seventy-six of the Army Act, a person may, during the period of the present emergency, be enlisted to serve His Majesty as a soldier of the regular forces until the end of that period.
(2) Notwithstanding anything in section eighty-three of the Army Act, a soldier of the regular forces may, during the period of the present emergency, be transferred without his consent to any corps by order of the competent military authority, if that authority considers the transfer to be expedient in the interests of the efficiency of the military forces; but where, at any time during the said period, a soldier is, in pursuance of this subsection, transferred to any corps, then, as soon as may be convenient after the end of that period, he shall, if he continues in army service and so desires, be re-transferred to the corps in which he was serving at the time when he was first so transferred.
(3) Where, during the period of the present emergency, a soldier is transferred as aforesaid, then, if the transfer is authorised both by the last preceding subsection and by section eighty-three of the Army Act, the soldier shall be deemed to have been so transferred in pursuance of that subsection and not in pursuance of that section.
(4) At any time during the period of the present emergency a soldier of the regular forces may, by order of the competent military authority, be released from army service; and, so long as the order remains in force, he shall be in the position in which he would be if no proclamation ordering the army reserve to be called out on permanent service were in force, and he had, at the time of the making of the order, been duly transferred to that reserve.
(5) Any order under the last preceding subsection may be revoked by the competent military authority; and, on revoking such an order, the said authority may, if the term of service of the person with respect to whom the order was made has not expired, give directions requiring him to re-enter upon army service and to attend at the place and time fixed by those directions.
For the purposes of section fifteen of the Reserve Forces Act, 1882 , (which provides for the punishment of a person failing to appear at any time and place at which he is required to attend upon the calling out of the army reserve on permanent service) any such directions as aforesaid given with respect to any person shall have effect as if they were directions calling him out on permanent service in pursuance of a proclamation under section twelve of that Act.
(6) Nothing in this section shall apply in relation to the enlistment of a person for service in the...
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