Auxiliary and Reserve Forces Act 1949
| Jurisdiction | UK Non-devolved |
Auxiliary and Reserve Forces Act , 1949
(12, 13 & 14 Geo. 6) CHAPTER 96
An Act to amend the law relating to the Territorial Army, the Royal Auxiliary Air Force, the Naval and Marine Reserves, the Army Reserve and the Air Force Reserve; and for purposes connected therewith.
[16th December 1949]
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:—
Part I
Territorial Army and Royal Auxiliary Air Force
1 Establishment of territorial army associations for two or more counties.
(1) An association for the purposes of Part I of the Territorial and Reserve Forces Act, 1907 (hereinafter referred to as ‘the Act of 1907’) may be established as well for two or more counties as for one county; and in relation to an association so established references in the Act of 1907 to a county or two or more counties, and to county associations, shall be construed accordingly.
(2) The provision to be made under paragraph (c ) of subsection (3) of section one of the Act of 1907 for constituting the lieutenant of the county, or failing him such other person as the Army Council may think fit, president of an association shall be, in relation to an association established for two or more counties, provision for constituting president of the association the lieutenant of such one of those counties as the Army Council may from time to time think fit, or, failing any of those lieutenants, such other person as the Army Council may think fit.
(3) The scheme under section one of the Act of 1907 for an association established for two or more counties shall provide for constituting the lieutenant of any of those counties a vice-president of the association in any case where he is not president of the association and is willing to serve as vice-president.
(4) In subsections (1), (2) and (4) of section thirty-nine of the Act of 1907 (which make special provision as respects the Lord Warden of the Cinque Ports, the Warden of the Stannaries and the Governor and Deputy Governor of the Isle of Wight) references to the associations of the counties of Kent, Sussex, Cornwall, Devon and Southampton shall be construed as including respectively references to associations of the county and any other county or counties jointly.
(5) As respects an association established for the City of London and one or more other counties, the Act of 1907 and the foregoing provisions of this section shall have effect subject to the following provisions, that is to say,—
(a ) subsections (2) and (3) of this section shall apply as if the Lord Mayor of the City of London were the lieutenant of a county, and
(b ) subsection (3) of section thirty-nine of the Act of 1907 (which provides that the Lord Mayor shall ex officio be president of the association of the City of London) shall not apply.
2 Constitution of associations.
(1) The provisions of subsection (3) of section one of the Act of 1907 (which relate to the constitution of associations in accordance with schemes under that section) shall have effect subject to the following provisions of this section.
(2) Any such scheme shall provide for the appointment as members of the association of such number of members or former members of His Majesty's military forces as may be specified in the scheme, not being less than one half of the whole number of the association; and paragraph (d ) of the said subsection (3) (which provides that not less than half of the whole number of the association shall be officers representative of all arms and branches of the Territorial Army raised within the county) is hereby repealed.
(3) Any such scheme shall provide for the appointment by the Army Council as members of the association—
(a ) of such number of persons as may be specified in the scheme as representing the Army Cadet Force, the Combined Cadet Force and the Sea Cadet Corps respectively; and
(b ) of such number of persons as may be so specified as representing employers in, and persons employed in, the area for which the association is established;
and in paragraph (f ) of the said subsection (3) (which provides for co-opted members) the words ‘including, if thought desirable, representatives of the interests of employers and workmen’ are hereby repealed.
(4) The power conferred by paragraph (e ) of the said subsection (3) to appoint representatives of county and county borough councils shall include power subject to the same provisions—
(a ) to appoint representatives of the councils of county districts within the county or, in the case of the county of London, to appoint representatives of metropolitan borough councils;
(b ) to appoint a person as representing a county council in its capacity as local education authority, in addition to persons appointed as representing the council generally; and
(c ) in the case of any county where a joint education board is constituted as the local education authority for the whole or any part of the county, to appoint a representative of that board.
In relation to the City of London references in the said paragraph (e ) to county councils shall have effect, and be deemed always to have had effect, as references to the common council of the City.
(5) A scheme under the said section one made before the coming into operation of this section shall after the coming into operation thereof continue in force, until varied or revoked, notwithstanding that the provisions of the scheme do not comply with subsection (3) of that section as amended by this section:
Provided that any such scheme shall cease to have effect on the expiration of six months from the coming into operation of this section unless any amendments of the scheme necessary to bring it into conformity with the said subsection (3) as so amended have previously been made.
(6) In the application of this section to Scotland, for subsection (4) the following subsection shall be substituted:—
(4) The power conferred by paragraph (e ) of the said subsection (3), as read with section forty of the said Act, to appoint representatives of county councils and town councils of large burghs shall include power, subject to the same provisions,—
(a ) to appoint representatives of the town councils of small burghs and district councils within the county;
(b ) to appoint a person as representing a county council in its capacity as education authority, in addition to persons appointed as representing the council generally; and
(c ) to appoint a person as representing a joint county council in its capacity as education authority for counties combined for the purposes of subsection (1) of section one hundred and eighteen of the Local Government (Scotland) Act, 1947, in addition to persons appointed as representing generally the councils of the separate counties of the combination.
In this subsection the expression 'small burgh' has the same meaning as in the Local Government (Scotland) Act, 1947.’
3 Powers and duties of associations.
(1) In subsection (1) of section two of the Act of 1907 (which makes it the duty of an association to be acquainted with and conform to the plan of the Army Council for the organisation of the Territorial Army within the area for which the association is constituted) for the reference to the Territorial Army there shall be substituted a reference to all His Majesty's military forces.
(2) Without prejudice to the provisions of the last foregoing subsection, it shall be the duty of an association to make itself acquainted with and conform to the plan of the Admiralty for the organisation within the area for which the association is constituted of the reserves of the Royal Navy and of the reserves of the Royal Marines in so far as that plan relates to matters with respect to which functions are conferred on the association under the next following subsection.
(3) So much of the said subsection (1) of section two of the Act of 1907 as provides for conferring on associations functions connected with the organisation and administration of His Majesty's military forces shall extend to the conferring on the association of functions connected with the organisation and administration of the reserves of the Royal Navy, of the reserves of the Royal Marines, and of the Army Cadet Force, the Combined Cadet Force and the Sea Cadet Corps; and references in that subsection to His Majesty's military forces shall be construed accordingly.
(4) Subject as hereinafter provided, the Admiralty shall pay to an association such sums as in their opinion are required to meet the necessary expenditure connected with the exercise and discharge by the association of the powers and duties conferred on it by virtue of this section; and—
(a ) subsections (2) and (3) of section three of the Act of 1907 (which relate to statements of the financial requirements of the association and the application of grants) shall apply in relation to payments under this subsection with the substitution for references to the Army Council of references to the Admiralty;
(b ) an association shall keep separate accounts of grants made to the association by the Admiralty and the expenditure thereof, and subsection (5) of the said section three shall apply to those accounts with the substitution for references to the Army Council of references to the Admiralty.
(5) In calculating the payments to be made to an association by the Admiralty under the last foregoing subsection or by the Army Council under subsection (1) of section three of the Act of 1907, regard shall be had only to expenditure incurred by the association in connection with the exercise and discharge of...
To continue reading
Request your trial