Armed Forces Act 1981

• Citation: 1981 c. 55
• Sections: 60

Section 2 Young service offenders: custodial orders.

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Section 3 Power to stay further proceedings under one of the Services Acts with a view to other proceedings.

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Section 4 Marines: forfeiture of service where desertion confessed.

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Section 5 Power on reveiw or confirmation to annul the taking into consideration of other offences.

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Section 6 Trial of persons ceasing to be subject to service law and time limits for trials.

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Section 7 Extent of accused’s right to copy of record of court-martial proceedings.

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Section 8 Right of penalised parent or guardian to copy of record of court-martial proceedings.

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Section 10 Amendments relating to trial and punishment of civilians under the Services Acts.

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Section 11 Minor amendments and repeals relating to procedure and evidence.

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Section 12 Increase in fine for certain minor offences under the Reserve Forces Act 1980 .

In section 143(1) of the Reserve Forces Act 1980 (fine not exceeding £5 for member of Ulster Defence Regiment for failure to attend or comply with orders, etc. ) for “£5” there shall be substituted “£50”.

Section 13 Temporary removal to and detention for treatment in service hospitals abroad of servicemen and others suffering from mental disorder.

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Section 15 Prize offence : minor amendment as to intent.

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Section 16 Power on summary trial to award stoppages.

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Section 17 Abolition of death penalty for spying in ships, etc. abroad.

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Section 18

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Section 19 Officers who can take affidavits and declarations abroad.

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Section 20 Women’s services: statutory assimilation and application thereto of certain enactments.

(1) Parts I and II of Schedule 3 to this Act shall have effect for the purpose of completing the assimilation for all purposes of the statute law of the women’s services administered by the Defence Council with the military, naval and air forces of the Crown in or with which their members serve.

(2) Part III of that Schedule shall have effect for the purpose of applying to the members of Queen Alexandra’s Royal Naval Nursing Service . . . provisions of the Armed Forces Act 1966 applicable to ratings in the Royal Navy relating to discharge from service and to false statements made on entry into service.

(3) The Reserve Forces Act 1980 shall have effect, and be deemed always to have had effect, with the substitution, in section 156(3) (application of the Act to women as to men), for the words “so far as it relates to the military and air forces” of the words “except so much of it as relates to the Royal Fleet Reserve and Royal Marines Reserve”.

Section 21 Clarification of the meaning in the Naval Discipline Act 1957 of “marine forces” and “naval reserve forces”.

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Section 22 Members of the armed forces are “employees” for the purposes of the Patents Act 1977.

(1) The Patents Act 1977 shall have effect, and be deemed always to have had effect, with the following amendments (being amendments to secure that members of the armed forces are “employees” for the purposes of that Act).

(2) In section 42(4), at the end of the definition of “Crown employee”, there shall be added the words “or a person serving in the naval, military or air forces of the Crown.”.

(3) In section 130(1), at the end of the definition of “employee, there shall be added the words ,q>or a person who serves (or served) in the naval, military or air forces of thr Crown”.

Section 23 Inquiries : persons affected who must be given a opportunity to be present and represented.

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Section 24 Abolition of the office of Accountant General of the Navy.

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(2) Accordingly the enactments specified in this subsection which refer to that office shall be amended as follows—

(a) in sections 6 and 8 of the Naval Agency and Disribution Act 1864 (registration of certain instruments in the Accountant General’s Office) for the words “in the office of the Accountant General of the Navy” there shall be substituted the words “with the Secretary of State” ; and

(b) in section 47 of the Greenwich Hospital Act 1865 (Accountant General to prepare for audit the accounts of the hospital’s property) for the words “The Accountant general of the Navy” there shall be substituted the words “The Secretary of State”.

Section 25 Naval prize cash balance not to include percentage deduction.

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Section 26 Payment of military pensions.

The Army Pensions Act 1914 (which requires pensions in respect of military service, whether payable under statute or the prerogative, to be paid in advance) shall cease to have effect except in relation to pensions which have been granted before the passing of this Act and which are, at the date of its passing, paid in advance in accordance with that Act.

Section 27 Naval and marine pay and pensions: no further publication in London Gazette.

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Section 28 Minor and consequential amendments and repeals.

(1) The enactments specified in Schedule 4 to this Act shall be amended in accordance with the provisions of that Schedule.

(2) The enactments specified in Schedule 5 to this Act (which include some spent enactments) are hereby repealed to the extent specified in the third column of that Schedule subject, in the case of the repeals included in Part I, to the saving at the end of that Part.

Section 29 Commencement.

(1) Subject to subsections (4) and (5) below, this Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.

(2) Different dates may be so appointed for different provisions or for different purposes.

(3) A provision brought into force by an order under subsection (1) above shall have effect subject to such supplementary provisions (which may include saving and transitional provisions) as may be specified in the order.

(4) The following provisions of this Act shall come into force on the day it is passed, namely, sections 1, 7, 15, 16, 17, 19, 20, 21, 22, 25, 26, 27, 28(2), this section, section 30 and Schedule 3.

(5) The repeals contained in Schedule 5 to this Act shall come into force in accordance with the provisions at the end of that Schedule.

Section 30 Short title.

This Act may be cited as the Armed Forces Act 1981.

Section 31

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Section 32

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Section 33

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Section 34

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Section 35

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Section 36

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Section 37

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Section 38

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Section 39

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Section 40

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Section 41

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Section 42

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Section 43

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Section 1

(1) Every enactment which refers to the armed forces or the naval, military or air forces of the Crown shall have effect as if the reference included a reference to the women’s services of those forces administered by the Defence Council and any enactment containing the words “men”, “soldiers”, “seamen”, “airmen” or other word importing a reference to persons of the male sex only as, or as having been, or as capable of being, members of the naval, military or air forces of the Crown shall have effect as if for such word there had been substituted therein words having a like meaning in other respects but importing a reference to persons of either sex.

(2) Sub-paragraph (1) above applies for the interpretation of references to the reserve or auxiliary forces as it applies for the interpretation of references to the regular forces of the Crown.

(3) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the Royal Navy.

(4) Sub-paragraph (1) above does not apply in a case where, or to the extent to which, the enactment refers to the naval, military or air forces of the Crown raised outside the United Kingdom; but nothing in this sub-paragraph affects the meaning of “visiting force” in the Visiting Forces (British Commonwealth) Act 1933 or Part I of the Visiting Forces Act 1952.

(5) This paragraph has effect in place of subsection (1) of section 3 of the Army and Air Force (Women’s Service) Act 1948 (which makes corresponding provision in relation to the military and air forces) and of so much of any other enactment as explains, in relation to the women’s services, particular statutory references to the armed forces of the Crown; but the power to make Orders in Council under subsection (2) of that section shall include power to make the like provision in consequence of the preceding provisions of this paragraph so far as those provisions relate to the naval forces of the Crown.

Section 2

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Section 3

In section 2 of the Pensions Commutation Act 1871 , in the definition of “officer”, for the words “the Army and Navy” there shall be substituted the words “Her Majesty’s naval or land forces” and for the word “Navy” there shall be substituted the words “naval forces”.

Section 4

In section 2(b) of the Colonial Prisoners Removal Act 1884 , for the words “the Royal Navy or to Her Majesty’s regular military forces” there shall be substituted the words “her Majesty’s regular military or naval forces”.

Section 5

In the Uniforms Act 1894 , the following section shall be substituted for section 4:—

(4) In this Act— “ Her Majesty’s Military Forces ” has the same meaning as in the Army Act 1955 ; “ Her Majesty’s Naval Forces ” has the same meaning as in the Naval Discipline Act 1957.

Section 6

In section 4 of the Air Force (Consititution) Act 1917 , for the words “His Majesty’s Navy or Army” there shall be substituted the words “the Royal Navy or His Majesty’s Army”.

Section 7

In section 5(1) and in the definition of “British ship” insection 10 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 , for the words “His Majesty’s Navy” (in each place where those words occur) there shall be substituted the words “the Royal Navy”.

Section 8

In section 68(2) of the Marriage Act 1949 , in paragraph (a), for the words following “is serving in” there shall be substituted the words “any of the regular armed forces of the Crown ; or” and in paragraph (b) for the word “mentioned” there shall be substituted the word “included”.

Section 9

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Section 10

In section 21(5) of the Armed Forces Act 1976 , in the definition of “qualified officers”, for the word “Navy” (in each place where it occurs) there shall be substituted the words “Royal Navy”.