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Home-Loney-Background-The Royal Navy-Legislation on discipline (1/5) (2/5) (3/5) (4/5) (5/5)

The Naval Discipline Act, 1957 (5/5)


SCHEDULES

FIRST SCHEDULE

APPLICATION OF ACT TO MARINE FORCES

1. For paragraph (k) of subsection (1) of section forty-three of this Act there shall be substituted the following paragraph: -

"(k) reduction to the ranks or any less reduction in rank".

2. Subsection (7) of section forty-four of this Act shall not apply and for any other reference in that section to disrating there shall be substituted a reference to reduction to the ranks.

3. Notwithstanding anything in section two hundred and one of the Army Act, 1955, a sentence of reduction to the ranks or any less reduction in rank may be awarded in the case of an offender tried under section forty-nine of this Act.

4. In subsection (2) of section fifty-two of this Act, for the words "after he ceased to be subject thereto" there shall be substituted the words "next after the earliest date on which he is no longer subject to service law ".

SECOND SCHEDULE

APPLICATION OF ACT TO ATTACHED MILITARY AND AIR FORCES

1. Throughout Part I of this Act, for any reference to dismissal with disgrace from Her Majesty's service there shall be substituted a reference-

(a) in the case of an officer, to cashiering;

(b) in any other case, to discharge with ignominy from Her Majesty's service.

2. For paragraph (g) of subsection (1) of section forty-three of this Act, there shall be substituted the following paragraph: -

"(g) forfeiture, in such manner as may be prescribed by regulations made by the Admiralty, of seniority of rank;"
and for the purpose of this paragraph "seniority of rank", in relation to an officer of the regular forces, means seniority of rank either in the army or in the corps to which the offender belongs, or in both.

3. For paragraph (k) of the said subsection (1) there shall be substituted the following paragraph:-

"(k) reduction to the ranks or any less reduction in rank;".

4. Paragraph (i) of the said subsection (1) and subsection (6) of section forty-four of this Act shall not apply.

5. Subsection (7) of section forty-four of this Act shall not apply, and for any other reference in that section to disrating there shall be substituted a reference to reduction to the ranks.

6. Notwithstanding anything in section two hundred and one of the Army Act, 1955, or the Air Force Act, 1955, a sentence of reduction to the ranks or any less reduction in rank may be awarded in the case of an offender tried under section forty-nine of this Act.

7. In subsection (1) of section fifty, the reference to an officer of Her Majesty's naval forces below the rank of commander shall be construed as a reference to an officer of the regular forces or the regular air force of corresponding rank; and in relation to the trial of such an officer subsection (3) of that section shall have effect as if the reference to officers of Her Majesty's naval forces included a reference to officers of the regular forces or of the regular air force, as the case may be.

8. In relation to the trial of a member of the regular forces or of the regular air force, section fifty-four shall have effect:-

(a) as if the officers described in subsection (1) included officers of those forces or of that force, as the case may be;

(b) as if any other reference in that section to a specified naval rank included a reference to the corresponding military or air-force rank.

9. In subsection (2) of section fifty-two of this Act, for the words "after he ceased to be subject thereto" .there shall be substituted the words "next after the earliest date on which he is no longer subject to service law ".

10. Any reference in this Act to the uniform of any of Her Majesty's naval forces, or to illegal absence from any of those forces, shall be construed as a reference to the uniform of, or to illegal absence from, any of the regular forces, or the regular air force, as the case may be.

11. In sections seventy to seventy-two of this Act, in their application to any finding or sentence made or awarded on summary trial under section forty-nine of this Act, and in section ninety-two of this Act, any reference to the Admiralty shall be construed -

(a) in relation to a member of the regular forces, as a reference to the Admiralty or the Army Council;

(b) in relation to a member of the regular air force, as a reference to the Admiralty or the Air Council.

THIRD SCHEDULE

CIVILIANS SUBJECT TO THIS ACT OUTSIDE HER MAJESTY'S DOMINIONS

1. Persons serving Her Majesty, or otherwise employed, in such capacities connected with Her Majesty's naval, military or air forces as may be specified for the purposes of this Schedule by regulations made by the Admiralty, being persons serving or employed under Her Majesty's government in the United Kingdom.

2. Persons who are employed by, or in the service of, any naval, military or air force organisation so specified to which Her Majesty's government in the United Kingdom is a party and are employed by or in the service of that organisation by reason of that government being a party thereto.

3. Persons belonging to or employed by any other organisation so specified which operates in connection with Her Majesty's naval, military or air forces

4. Persons who, for the purposes of their profession or employment, are attached to or accompany any of Her Majesty's naval, military or air forces in pursuance of an authorisation granted by or on behalf of the Admiralty, the Army Council or the Air Council.

5. Persons forming part of the family of members of any of Her Majesty's naval, military or air forces and residing with them or about to reside or departing after residing with them.

6. Persons forming part of the family of persons falling within paragraphs 1 to 4 of this Schedule and residing with them or about to reside or departing after residing with them.

7. Persons employed by members of any of Her Majesty's naval, military or air forces.

8. Persons employed by persons falling within paragraphs 1 to 6 of this Schedule.

9. Persons forming part of the family of persons falling within paragraph 7 or paragraph 8 of this Schedule and residing with them or about to reside or departing after residing with them.

FOURTH SCHEDULE

APPLICATION OF ACT TO CERTAIN CIVILIANS

1. In the application of any enactment contained in Part I of this Act to a person to whom it applies by virtue of section one hundred and eighteen of this Act-

(a) for any reference to dismissal with disgrace from Her Majesty's service there shall be substituted a reference to imprisonment for a term not exceeding two years; and

(b) for any reference to dismissal from Her Majesty's service (not being dismissal with disgrace) there shall be substituted a reference to a fine,

and paragraphs {f) to (m) of subsection (1) of section forty-three shall not apply.

2. In section thirty-nine of this Act, in its application to any such person, after the words "naval discipline" there shall be inserted the words "or contravenes or fails to comply with any provision of standing orders or of other routine orders of a continuing nature made for any ship or naval establishment, being a provision known to him or which he might reasonably be expected to know".

3. Any person found committing an offence for which he is liable to be tried by virtue of the said section one hundred and eighteen, or alleged to have committed or reasonably suspected of having committed such an offence, may be arrested by a provost officer, by any officer or person legally exercising authority under a provost officer or on his behalf, or by or on the orders of any officer subject to this Act; and subsection (3) of section forty-five of this Act shall apply to the powers of arrest conferred by this paragraph as it applies to the powers conferred by that section.

4. In relation to a person liable to be tried as aforesaid, section forty-nine of this Act shall apply as it applies in relation to a rating, but subject to the following modifications: -

(a) the officer empowered to try and punish an offence in accordance with the said section forty-nine shall be such officer as may be determined by or under regulations made by the Admiralty for the purposes of this paragraph, and subsections (4) and (5) of that section shall not apply;

(b) the punishment which may be awarded under that section shall in the case of any offence be a fine not exceeding ten pounds, and no other punishment shall be so awarded.

FIFTH SCHEDULE

MINOR AMENDMENTS

EnactmentAmendment
The Naval Enlistment Act, 1853, 16 & 17 Vict. c. 69.In section sixteen for the words "deemed to be a rogue and vagabond" to the end of the section there shall be substituted the words "liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding twenty pounds".
The Courts-Martial (Appeals) Act, 1951, 14 & 15 Geo.6.c.46.In section six, in subsection (4) for the words "section sixty-eight of the Naval Discipline Act" there shall be substituted the words "section sixty-three of the Naval Discipline Act, 1957 ".
In section seventeen, after the word "Rules" there shall be inserted the words "or regulations made", and for paragraph (a) there shall be substituted the following paragraph:-
"(a) section seventy-nine or section eighty-two of the Naval Discipline Act, 1957;".
The Army Act, 1955, 2 & 3 Eliz. 2. c. 18.In section fifty-seven, in subsection (3), after the word "court-martial" in the second place where it occurs there shall be inserted the words "or disciplinary court", and after the words "the Naval Discipline Act" there shall be inserted the words "and to a court-martial held in pursuance of".
In section seventy-four, in subsection (4), the words "petty officer or" shall be omitted and, after the words "non-commissioned officer", in the first place where those words occur, there shall be inserted the words "or rating".
In the Seventh Schedule, in paragraph 12 for the words "good conduct badges" there shall be substituted the words "good conduct medal or good conduct badges or both"; and after paragraph 12 there shall be inserted the following paragraph: -
" 12A. Section seventy-eight shall have effect as if in subsection (3) the following paragraph were inserted after paragraph (d):-
(dd) forfeiture of good conduct medal or good conduct badges or both."
The Air Force Act, 1955, 3 & 4 Eliz. 2. c. 19.In section fifty-seven, in subsection (3), after the word "court-martial" in the second place where it occurs there shall be inserted the words "or disciplinary court" and after the words "the Naval Discipline Act" there shall be inserted the words "and to a court-martial held in pursuance of".
In section seventy-four, in subsection (4), the words "petty officer or" shall be omitted and, after the words "non-commissioned officer ", in the first place where those words occur, there shall be inserted the words "or rating".

SIXTH SCHEDULE

ENACTMENTS REPEALED

Session and ChapterShort TitleExtent of Repeal
59 Geo. 3. c. 25The Freight for Treasure Act, 1819.The whole Act.
5 & 6 Will. 4. c.24.The Naval Enlistment Act, 1835.In section one, the words from "Provided also", in the first place where those words occur, to "forces by sea".
Sections two and three.
10 & 11 Vict. c. 62.The Naval Deserters Act, 1847.The whole Act.
16 & 17 Vict. c. 69.The Naval Enlistment Act, 1853.In section twelve, the words from "or of aiding" to "vessel".
16 & 17 Vict. c. 73.The Naval Volunteers Act, 1853.Sections twenty-one to twenty-four.
22 & 23 Vict. c. 40.The Royal Naval Reserve (Volunteer) Act, 1859.Sections eleven and twelve.
In section fifteen the words from the beginning to "while in actual service; and", and the words from "Provided that" to the end of the section.
Sections nineteen to twenty-two.
26 & 27 Vict. c. 69.The Officers of Royal Naval Reserve Act, 1863.In section two the words from "and shall" to the end of the section.
29 & 30 Vict, c. 109.The Naval Discipline Act.The whole Act.
47 & 48 Vict. c. 39.The Naval Discipline Act, 1884.The whole Act.
59 & 60 Vict. c. 33.The Royal Naval Reserve Volunteer Act, 1896.Section two.
9 Edw. 7. c. 41.The Naval Discipline Act, 1909.The whole Act.
1 & 2 Geo. 5. c. 47.The Naval Discipline (Dominion Naval Forces) Act, 1911.The whole Act.
4 & 5 Geo. 5. c. 89.The Navy (Pledging of Certificates, etc.) Act, 1914.The whole Act.
5 & 6 Geo. 5. c. 30.The Naval Discipline Act, 1915.The whole Act.
5 & 6 Geo. 5. c. 73.The Naval Discipline (No. 2) Act, 1915.The whole Act.
7 & 8 Geo. 5. c. 34.The Naval Discipline Act, 1917.The whole Act.
7 & 8 Geo. 5. c. 51.The Air Force (Constitution) Act, 1917.Section seven and the First Schedule.
12 & 13 Geo. 5. c. 37.The Naval Discipline Act, 1922.The whole Act.
15 & 16 Geo. 5. c. 88.The Coastguard Act, 1925.In section two the words from "and be" to "commission ".
21 & 22 Geo. 5. c. 9.The Colonial Naval Defence Act, 1931.In section two, in subsection (2) the words from " and while" to the end of paragraph (c).
In section four, subsection (4).
1 & 2 Geo. 6. c. 64.The Naval Discipline (Amendment) Act, 1938.The whole Act.
4 & 5 Geo. 6. c. 29.The Naval Discipline (Amendment) Act, 1941.The whole Act.
10 & 11 Geo. 6. c. 24.The Naval Forces (Enforcement of Maintenance Liabilities) Act, 1947.In section one, subsection (4).
10 & 11 Geo. 6. c. 30.The Indian Independence Act, 1947.Section thirteen.
11 & 12 Geo.6. c. 10.The Emergency Laws (Miscellaneous Provisions) Act, 1947.In the Second Schedule, paragraph 3.
ll & 12 Geo.6. c. 64.The National Service Act, 1948.In section twenty-six, paragraph (b) of subsection (2), and subsection (3).
14 & 15 Geo. 6. c. 46.The Courts-Martial (Appeals) Act, 1951.In section twenty-four, in subsection (1), in the definition of " naval court-martial ", the words " constituted under section fifty-seven A of that Act".
3 & 4 Eliz. 2. c. 20.The Revision of the Army and Air Force Acts (Transitional Provisions) Act, 1955.In the Second Schedule, paragraph 1, sub-paragraph (3) of paragraph 6, and paragraph 7,
5 & 6 Eliz. 2. c. 6.The Ghana Independence Act, 1957.In section four, in subsection (2), the words "and in section eighty-six of the Naval Discipline Act as amended by the Revision of the Army and Air Force Acts (Transitional Provisions) Act, 1955 ".
5 & 6 Eliz. 2. c. 11.The Homicide Act, 1957In section eight, subsection (2).
In section nine, in subsection (2), the words "and the first paragraph of section forty-five of the Naval Discipline Act".

SEVENTH SCHEDULE

TRANSITIONAL PROVISIONS

1. In relation to an offence against any section in Part I or Part II of the Naval Discipline Act, the provisions of sections forty-three and forty-four of this Act and of Part El of this Act and any orders and regulations made under those provisions shall, so far as applicable, apply as if the said section had been contained in Part I of this Act and this Act had been in force when the offence was committed, and as if any finding or punishment having effect before the date of the commencement of this Act, and anything done before that date by virtue of or in relation to such a finding or sentence, had been come to, awarded or done under this Act:

Provided that nothing in this paragraph shall render an offence capable of being tried under this Act, if by reason of the time or place of the commission of the offence it could not have been so tried or dealt with under the Naval Discipline Act; and no greater punishment shall be imposed in respect of an offence committed before the said date than could have been imposed under the law in force when it was committed.

2. Notwithstanding anything in paragraph 1 of this Schedule, where any proceedings for such an offence as aforesaid have been begun before the date of the commencement of this Act, any step in the proceedings taken after that date shall be deemed to be validly taken if taken in accordance with the Naval Discipline Act and file orders and regulations made thereunder.

3. Notwithstanding anything in paragraph 1 of this schedule, the provisions of the Naval Discipline Act with respect to the constitution of a court-martial and the summoning of witnesses thereto shall apply in relation to a court-martial ordered before the commencement of this Act as if this Act had not been enacted.

4. Where after the date of the commencement of this Act a person is alleged -

(a) to have committed an offence continuing over a period beginning before that date and ending thereon or thereafter; or

(b) to have committed an offence between two dates falling within such a period,

and the offence would be an offence against this Act if this Act had been in force at all material times, he may be proceeded against as if this Act had so been in force.

5. Any commission issued before the date of commencement of this Act which authorises the ordering of courts-martial shall, if in force immediately before that date, continue in force thereafter as if issued under this Act, and may be varied or revoked accordingly.

6. Any Order in Council, general orders or regulations made under any enactment of the Naval Discipline Act specified in the first column of the following Table which is in force at the commencement of this Act shall continue in force and have effect as if made under and for the purposes of the enactment of this Act specified in relation thereto in the second column of the said Table and may be varied or revoked accordingly.

TABLE
Naval Discipline ActThis Act
Sections 22 and 23Section 17 (1).
Section 56 (2)Section 49.
Section 57A (4)Section 50.
Section 65Section 58.
Section 74AThe corresponding provision of section 90, 91 or 92.
Section 81(2) Section 82.
Section 89Section 117.

7. In so far as general orders under subsection (4) of section 57A of the Naval Discipline Act apply to disciplinary courts any provisions of that Act, those orders shall continue in force and have effect as aforesaid as if they applied the corresponding provisions of this Act.


Table of Statutes referred to in this Act

Short titleSession and chapter
Naval Enlistment Act, 185316 & 17 Vict. c. 69.
Naval Volunteers Act, 185316 & 17 Vict. c. 73.
Naval Prize Act, 186427 & 28 Vict. c. 25.
Naval Discipline Act29 & 30 Vict. c. 109.
Capital Punishment Amendment Act, 186831 & 32 Vict. c. 24.
Bankers' Books Evidence Act, 187942 & 43 Vict. c. 11.
Interpretation Act, 188952 & 53 Vict. c. 63.
Affiliation Orders Act, 19144 & 5 Geo. 5. c. 6.
Naval Billeting &c. Act, 19144 & 5 Geo. 5. c. 70.
Larceny Act, 19166 & 7 Geo. 5. c. 50.
Maintenance Orders (Facilities for Enforcement) Act, 192010 & 11 Geo. 5. c. 33.
Coastguard Act, 192515 & 16 Geo. 5. c. 88.
Colonial Naval Defence Act, 193121 & 22 Geo. 5. c. 9.
Visiting Forces (British Commonwealth) Act, 1933 23 & 24 Geo. 5. c. 6.
Ireland Act, 194912, 13 & 14 Geo. 6. c. 41.
Justices of the Peace Act, 194912, 13 & 14 Geo. 6. c. 101.
Courts Martial (Appeals) Act, 195114 & 15 Geo. 6. c. 46.
Prison Act, 1952.15 & 16 Geo. 6 & 1 Eliz. 2. c. 52.
Magistrates' Courts Act, 1952 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.
Prisons (Scotland) Act, 195215 & 16 Geo. 6 & 1 Eliz. 2. c. 61.
Army Act, 1955 3 & 4 Eliz. 2. c. 18.
Air Force Act, 19553 & 4 Eliz. 2. c. 19.
Homicide Act, 19575 & 6 Eliz. 2. c. 11.

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