The Air Force Act 1955 (Part 1) (Amendment) Regulations 2008

• Citation: S.I. 2008/1585
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Air Force Act 1955 (Part 1) (Amendment) Regulations 2008 and come into force on 14 July 2008.

Section 2 Amendment of the Air Force Act 1955 (Part 1) Regulations 2007

The Air Force Act 1955 (Part 1) Regulations 2007 are amended as follows.

Section 3 Amendment to regulation 3

For regulation 3 substitute—

Competent air-force authority

(3)

(1) In addition to the Defence Council and the Air Force Board, the competent air- force authority shall be—

(a) for the purpose of section 9 of the 1955 Act (postponement of discharge or transfer to the reserve), the Air Secretary;

(b) subject to paragraph (2), for the purpose of section 11(3) of the 1955 Act (discharge of an airman), the officer specified in column (b) of Schedule 1 to these Regulations;

(c) 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 (permanent call out of air force reserve) applies, the Air Secretary.

(2) The officer specified in column (b) of Schedule 1 may only give an order authorising the discharge of an airman for the corresponding reason or in the corresponding circumstances specified in column (a).

(3) Where section 18(1)(b) of the 1955 Act (invalid attestation or enlistment) applies, the Air Secretary is authorised to discharge an airman.

(4) Subject to paragraph (5), every reference in this regulation and in Schedule 1 to—

(a) the Commander-in-Chief 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 the Commander-in-Chief, to a Commanding Officer not below the rank of Group Captain;

(b) the Air Secretary, the Commandant RAF College and Director of Recruitment (RAF) or a Commanding 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.

(5) The reference to the Commander-in-Chief authorising the discharge of an airman for the reason specified at item 5(d) of Schedule 1 shall have effect as if it included a reference to any member of the staff of the Commander-in-Chief who has been duly authorised by him to act on his behalf.

Section 4 Amendment to Schedule 1

(1) For Schedule 1 substitute—

Commander-in-Chief or

The Air Secretary

(f) in the case of an airman who elects to be discharged in lieu of compulsory transfer or

remustering from a sensitive trade, or who applies for discharge after failing to qualify for remustering at his rank level.

The Air Secretary

Commanding Officer in the case of directly entered aircrew cadets

Section 5 Amendment to Schedule 4

For Schedule 4 substitute—