Army and Air Force Act 1961

JurisdictionUK Non-devolved
Citation1961 c. 52


Army and Air Force Act, 1961.

(9 & 10 Eliz. 2) CHAPTER 52

An Act to continue, and amend, the Army Act, 1955, and the Air Force Act, 1955; to amend the Courts-Martial (Appeals) Act, 1951; to validate the employment of British protected persons in certain military and air forces; and for purposes connected with the matters aforesaid.

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:—

Continuance of Army Act, 1955, and Air Force Act, 1955

Continuance of Army Act, 1955, and Air Force Act, 1955

S-1 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 nineteen hundred and sixty-one, continue in force until the end of the year nineteen hundred and sixty-two, 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 nineteen hundred and sixty-six.

(4) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (2) of this section unless a draft thereof has been laid before Parliament and approved by resolution of each House of Parliament.

(5) Subsections (2) to (5) of section two hundred and twenty-six of the Army Act, 1955, and the corresponding provisions of the Air Force Act, 1955, shall cease to have effect at the end of the year nineteen hundred and sixty-one.

Army Enlistment

Army Enlistment

S-2 Terms of enlistment in regular forces.

2 Terms of enlistment in regular forces.

(1) The term for which a person enlisting in the regular forces may be enlisted shall be such term, beginning with the date of his attestation, as is mentioned in the following provisions of this section.

(2) Where the person enlisting has attained the age of eighteen years the said term shall be—

(a ) a term of twenty-two years of army service; or

(b ) such term, not exceeding twelve years, as may be prescribed, being a term of army service; or

(c ) such term, not exceeding twelve years, as may be prescribed, being as to such part thereof as may be prescribed a term of army service and as to the remainder a term of service in the reserve.

(3) Where the person enlisting has not attained the age of eighteen years but has attained the minimum age for man's service the said term shall be—

(a ) a term ending with the expiration of the period of twenty-two years beginning with the date on which he attains the age of eighteen years, being a term of army service; or

(b ) a term, ending with the expiration of such period, not exceeding twelve years, beginning with the date on which he attains the age of eighteen years, as may be prescribed, being a term of army service; or

(c ) a term, ending with the expiration of such period as is mentioned in the last foregoing paragraph, being as to such part thereof as may be prescribed a term of army service and as to the remainder a term of service in the reserve.

(4) Where the said person has not attained the minimum age for man's service the said term shall be—

(a ) a term ending with the expiration of such period, not exceeding twelve years, beginning with the date on which he attains the age of eighteen years, as may be prescribed, being a term of army service; or

(b ) a term ending with the expiration of such period as aforesaid, being as to such part thereof as may be prescribed a term of army service and as to the remainder a term of service in the reserve.

(5) References (however expressed) in the four next following sections to a person's enlisting or having enlisted on a long-term enlistment shall be construed as referring to his enlisting or, as the case may be, having enlisted for such a term as is mentioned in paragraph (a ) of subsection (2) of this section or paragraph (a ) of subsection (3) thereof; and in the said sections the expression ‘relevant date’ means,—

(a ) in the case of a person who enlisted after having attained the age of eighteen years, the date of his attestation, and

(b ) in the case of a person who enlisted before having attained that age, the date of his attaining that age.

S-3 Change of conditions of service after long-term enlistment in regular forces.

3 Change of conditions of service after long-term enlistment in regular forces.

(1) In the case of persons who enlisted on a long-term enlistment, the Army Council shall have power by regulations under Part I of the Army Act, 1955, to confer—

(a ) any right to be transferred to the reserve at a time or times before the end of the period of twelve years beginning with the relevant date, and

(b ) any right to determine army service at a time or times before the end of the said period,

being rights exercisable in such circumstances and subject to such conditions as may be prescribed, and the power of varying regulations made in pursuance of this subsection shall be subject to the restrictions specified in subsection (6) of this section.

(2) Every person who enlists on a long-term enlistment may, on making application in the prescribed manner, and with the consent of the competent military authority, be transferred to the reserve at any time before he has completed twelve years' service beginning with the relevant date.

(3) Every person who enlists on a long-term enlistment shall, subject to the provisions of this section, have the right to determine his service at the end of the period of twelve years beginning with the relevant date, or of any succeeding period of three years, by a notice given in such form and at such time, and revocable in such circumstances, as may be prescribed.

(4) Where a person is transferred to the reserve under regulations made in pursuance of subsection (1) of this section, or under subsection (2) of this section, he shall serve in the reserve for such period as may be prescribed, so, however, that that period shall not extend beyond twelve years from the relevant date, and regulations under Part I of the Army Act, 1955, may provide for the conditions under which a person so transferred to the reserve may re-enter upon army service and prescribe the conditions subject to which a person so re-entering army service will serve.

(5) Without prejudice to the power under subsection (1) of this section of prescribing the circumstances in which and the conditions subject to which rights conferred under that subsection are exercisable, regulations made under the said Part I may also—

(a ) require that, in consideration of a person's being permitted to undergo any course of instruction or to transfer to a corps different from the one in which he was previously serving, or in consideration of the conferring on him of any other benefit or advantage, he shall give an undertaking not to determine his army service before the expiration of a specified period, and

(b ) provide that a person who has given such an undertaking shall not give notice to exercise a right conferred by regulations made in pursuance of subsection (1) of this section, or a right conferred by subsection (3) of this section, which would result in his transfer to the reserve or the determination of his service before the end of that period,

and any such regulations may provide for the giving of such undertakings by persons who enlisted before the regulations were made as well as by persons who enlisted after that time.

(6) Subject to the provisions of the last foregoing subsection, any regulations which vary or revoke regulations made in pursuance of subsection (1) of this section, or which vary any period prescribed under subsection (4) of this section as a period for which a person shall serve in the reserve, shall not affect persons who enlisted on a long-term enlistment before the time when the varying or revoking regulations are made.

S-4 Conversion of short-term enlistment in regular forces into long-term enlistment.

4 Conversion of short-term enlistment in regular forces into long-term enlistment.

(1) A person in army service who enlisted otherwise than on a long-term enlistment after attaining the age of eighteen years or before attaining that age but after attaining the minimum age for man's service may, on giving to his commanding officer written notice in the prescribed form and with the consent of the competent military authority, be treated for the purposes of this Act as if, on the day of his enlistment, he had enlisted on a long-term enlistment.

(2) A person in army service who enlisted before attaining the minimum age for man's service may, on giving to his commanding officer written notice in the prescribed form, and with the consent of the competent military authority, be treated for the purposes of this Act at any time after attaining the age of eighteen years as if he were a person who, on the day on which he attained that age, had enlisted on a long-term enlistment.

A person shall not give a notice under this subsection before attaining the age of seventeen years and six months.

(3) A person who, by virtue of this...

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