The Air Force Act 1955 (Part 1) Regulations 2007

• Citation: S.I. 2007/651
• Sections: 11

Section 1 Citation and commencement

These Regulations may be cited as the Air Force Act 1955 (Part 1) Regulations 2007 and shall come into force on 1st April 2007.

Section 2 Interpretation

(1) In these Regulations, unless the context otherwise requires—

“the 1955 Act ” means the Air Force Act 1955;

“commanding officer” means, in relation to an airman—

where the unit on whose posted strength the airman is borne is, for administrative purposes, serving under the command of the Officer Commanding an RAF Station, that officer; and

in other cases the officer commanding the unit on whose posted strength the airman is borne.

(2) Other expressions have the same meaning as in Part 1 of the 1955 Act.

Section 3 Competent air force authorities

(1) The officers specified appropriately in the second column of Part 1 of Schedule 1 to these Regulations shall, in pursuance of section 11(3) of the 1955 Act and in addition to the Defence Council and the Air Force Board, be competent air force authorities for the purpose of giving an order authorising the discharge of an airman of the regular air force for the reason stated in the first column of Schedule 1 opposite the officer so specified.

(2) In relation to the provisions of the 1955 Act specified in the first column of Part 2 of Schedule 1 to these Regulations and for the purposes specified in the second column of that Part, the officers specified in the third column of that Part shall, in addition to the Defence Council and the Air Force Board and subject to any limitation or restriction as specified, be the competent air force authorities.

(3) For the purpose of designating a person on his transfer to the Air Force Reserve as a person to whom paragraph 16 of Schedule 8 to the Reserve Forces Act 1980 applies, in addition to the Defence Council and the Air Force Board, the Air Secretary shall be a competent air force authority.

(4) Every reference in this regulation and the said Schedule 1 to a specified officer shall have effect as if it included a reference to any member of the staff of that officer who has been duly authorised by him to act on his behalf. In the case of any Commander-in-Chief any such reference to him as a specified officer shall have effect as if it also included a reference to an Air Officer Commanding a Group or other Formation or, if authorised in writing by any Commander-in-Chief, to a Commanding Officer not below the rank of Group Captain.

Section 4 Prescribed forms

(1) The form set out in Schedule 2 to these Regulations or a form substantially to the like effect shall be the prescribed form of notice to be used for the purposes of section 2(1) of the 1955 Act.

(2) The form set out in Schedule 3 to these Regulations or a form substantially to the like effect shall be the prescribed form to be used for the purpose of section 9(6) of the 1955 Act.

Section 5 Enlistment and attestation

The following officers, and any officers who have been duly authorised by them to act on their behalf, are authorised to enlist recruits in the regular air force within or without Her Majesty’s dominions—

(a) the Air Secretary; and

(b) the Commandant RAF College and Director of Recruitment (RAF).

Section 6 Enlistment and attestation

The person to whom the attestation paper of a recruit shall be delivered in accordance with the provisions of paragraph 5 of Schedule 1 to the 1955 Act shall be the Air Secretary.

Section 7 Enlistment and attestation

A recruit may be finally approved for service only by an officer who, in accordance with regulation 5, is authorised to enlist recruits in the regular air force.

Section 8 Enlistment and attestation

All recruits shall be enlisted for general service.

Section 9 Discharge certificates

The particulars to be contained in a certificate of discharge shall be those set out in Schedule 4 to these Regulations.

Section 10 Restoration of forfeited services

(1) Where an airman has forfeited the whole or any part of his service an order authorising the restoration of service so forfeited may be made with his consent in writing, either—

(a) by his commanding officer—

(i) if he is promoted to the rank of sergeant; or

(ii) if he has served for a continuous period of eighteen months during which he has not at any time during the said period been undergoing imprisonment, corrective training, detention of any description or field punishment nor forfeited pay under any provision of the 1955 Act nor incurred any adverse entry in his service conduct record and no part of such period includes a term of suspended sentence of imprisonment or detention; provided that service shall be regarded as continuous notwithstanding that it has been broken by such a period or periods; or

(b) by the Air Secretary, in consideration of good service or on other grounds justifying the restoration of services forfeited.

(2) The consent of an airman to the restoration of his service shall be irrevocable and shall be entered in his record of service.

(3) The service to be restored to an airman under this regulation shall be the whole period of service forfeited less the period as respects which he was convicted as being, or confessed to have been, a deserter; provided that where service has been forfeited on more than one occasion by reason of desertion, the service to be restored shall be that forfeited on the last occasion less the period as respects which he was then convicted of being, or confessed to have been, a deserter.

Section 11 Revocation of Regulations

The following instruments are hereby revoked—

(a) the Air Force Act 1955 (Part 1) Regulations 2001 ; and

(b) the Air Force Act 1955 (Part 1) Regulations 2001 (Amendment) Regulations 2003 .