Army and Air Force (Annual) Act 1938

JurisdictionUK Non-devolved


Army and Air Force (Annual) Act, 1938

(1 & 2 Geo. 6.) CHAPTER 20.

An Act to provide, during twelve months, for the discipline and regulation of the Army and the Air Force.

[13th April 1938]

W HEREAS 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 one hundred and seventy thousand, exclusive of the numbers actually serving in India or Burma:

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 eighty-three thousand, exclusive of the numbers serving as aforesaid:

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 thirty-eight on the following days:—

a ) In Great Britain and Northern Ireland, the Channel Islands, and the Isle of Man, on the thirtieth day of April; and
b ) Elsewhere, whether within or without His Majesty's dominions, on the thirty-first day of July

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:—

S-1 Short title.

1 Short title.

1. This Act may be cited as theArmy and Air Force (Annual) Act, 1938.

S-2 Army Act and Air Force Act to be in force for specified times.

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 thirty-eight to the thirtieth day of April one thousand nine hundred and thirty-nine, both inclusive; and

(b ) Elsewhere, whether within or without His Majesty's...

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