Army and Air Force (Annual) Act 1943
| Jurisdiction | UK Non-devolved |
| Citation | 1943 c. 15 |
| Year | 1943 |
Army and Air Force (Annual) Act, 1943
(6 & 7 Geo. 6.) CHAPTER 15.
An Act to provide, during twelve months, for the discipline and regulation of the Army and the Air Force.
[22nd April 1943]
Whereas the raising or keeping of a standing army within the United Kingdom in time of peace, unless it be with the consent of Parliament, is against law:
And whereas it is adjudged necessary by His Majesty and this present Parliament that a body of land forces should be continued for the safety of the United Kingdom and the defence of the possessions of His Majesty's Crown, and that the whole number of such forces should consist of such number as His Majesty may deem necessary:
And whereas under the Air Force (Constitution) Act, 1917, His Majesty is entitled to raise and maintain the air force, and it is judged necessary that the whole number of such force should consist of such number as His Majesty may deem necessary:
And whereas it is also judged necessary for the safety of the United Kingdom and the defence of the possessions of this realm that a body of Royal Marine forces should be employed in His Majesty's fleet and naval service under the direction of the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral aforesaid:
And whereas the said marine forces may frequently be quartered or be on shore, or be sent to do duty or be on board transport ships or vessels, merchant ships or vessels, or other ships or vessels, or they may be under other circumstances in which they will not be subject to the laws relating to the government of His Majesty's forces by sea:
And whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm, by martial law, or in any other manner than by the judgment of his peers and according to the known and established laws of this realm; yet, nevertheless, it being requisite, for the retaining all the before-mentioned forces, and other persons subject to military law or to the Air Force Act, in their duty, that an exact discipline be observed and that persons belonging to the said forces who mutiny, or stir up sedition, or desert His Majesty's service, or are guilty of crimes and offences to the prejudice of good order and military or air force discipline, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow:
And whereas the Army Act and the Air Force Act will expire in the year one thousand nine hundred and forty-three on the following days:—
Be it therefore 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 Short title.
1. This Act may be cited as theArmy and Air Force (Annual) Act, 1943.
2 Army Act and Air Force Act to be in force for specified times.
(1) The Army Act and the Air Force Act shall be and remain in force during the periods hereinafter mentioned, and no longer, unless otherwise provided by Parliament, that is to say:—
(a ) Within Great Britain and Northern Ireland, the Channel Islands, and the Isle of Man, from the thirtieth day of April, one thousand nine hundred and forty-three, to the thirtieth day of April, one thousand nine hundred and forty-four, both inclusive; and
(b ) Elsewhere, whether within or without His Majesty's dominions, from the thirty-first day of July, one thousand nine hundred and forty-three, to the thirty-first day of July, one thousand nine hundred and forty-four, both inclusive.
(2) Notwithstanding anything in subsection (1) of section fifteen of the Army and Air Force (Annual) Act, 1932 , the amendments of the Army Act and of the Air Force Act made by this Act shall come into operation in all places as from the thirtieth day of April, nineteen hundred and forty-three.
(3) The Army Act and the Air Force Act, while in force, shall apply to persons subject to military law or to the Air Force Act, as the case may be, whether within or without His Majesty's dominions.
AMENDMENTS OF THE ARMY AND AIR FORCE ACTS.
AMENDMENTS OF THE ARMY AND AIR FORCE ACTS.
3 Amendment of s. 39A of Air Force Act.
(1) In subsection (2) of section thirty-nine A of the Air Force Act (which relates to special offences in relation to aircraft, etc.), after the words ‘Air Council’ there shall be inserted the words ‘or the Army Council’.
(2) At the end of the said section the following subsection shall be added:—
(3) The following provisions shall have effect as respects powers of command in aircraft:—
(a ) every person subject to this Act, whatever his rank, shall, while he is in an aircraft, be under the command, as respects all matters relating to the flying or handling of the aircraft or affecting the safety thereof, of the captain of the aircraft, whether the latter is subject to this Act or not;
(b ) if the aircraft is a glider aircraft and is being towed by another aircraft, the captain of the glider aircraft, being a person subject to this Act, shall, so long as his aircraft is being towed, be under the command (as respects all the matters aforesaid) of the captain of the towing aircraft, whether the latter is subject to this Act or not;
(c ) any person subject to this Act who disobeys any lawful command given as respects any of the matters aforesaid by a person under whose command he is placed by virtue of this subsection shall, on conviction by court-martial, be liable to suffer penal servitude or such less punishment as is in this Act mentioned.’
(3) Subsection (3) of section nine of the Air Force Act shall cease to have effect.
4 Inclusion in Army Act of special provisions in relation to aircraft, &c.
4. After section thirty-nine of the Army Act the following section shall be inserted:—
39A ‘Damage to aircraft, flying offences &c
(1) Every person subject to military law who commits any of the following offences, that is to say,
(a ) wilfully or by wilful neglect or negligently damages, destroys, or loses any of His Majesty's aircraft or aircraft material; or
(b ) is guilty of any act or neglect likely to cause such damage, destruction, or loss; or
(c ) is guilty of any act or neglect (whether wilful or...
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