Abbildungen der Seite
PDF
EPUB

Bill.

NOTES ON CLAUSES.

Clause 4. S. 17 of the Army Act applies to fraudulent misapplication as well as to stealing and embezzlement. The object of this amendment is to bring s. 18 into line with s. 17 in this respect, and thereby to remove a technical difficulty in giving effect to the provisions of s. 56 (2).

Clause 5.

The object of this amendment is to make it clear that there is power under the Army Act to award stoppage of pay as a punishment in the case of an officer. The amendment does not alter the law, since the power already exists under proviso (12) to s. 44.

Clause 6.

The first of these amendments will enable the rules of procedure to modify the form of oath to be taken by members of courts-martial so as to bring it into conformity with the provisions of the Oaths Act, 1909.

Provision is already made in the rules of procedure for the oath to be taken by an interpreter in attendance on a court-martial. The second amendment effected by this clause will complete the category of persons who may be required to take the oath at a court-martial, and link up the section with the rules of procedure in this respect.

Clause 7. The amendments effected by this clause will simplify procedure by avoiding the necessity of preferring alternative charges. They do not confer any new powers on courts-martial.

Clause 8. This amendment is framed with the object of bringing military law into line with the Trial of Lunatics Act, 1883.

Clause 9.

The object of this amendment is to limit the amount of service which a soldier serving on a re-engagement is liable to forfeit for fraudulent enlistment to service since re-engagement; so that he shall not be liable to forfeit his service previous to re-engagement.

Clause 10.

The provisions contained in the Second Schedule to this Bill to which this clause refers are designed to replace in a more intelligible and coherent form the provisions of sections 58–68 and 131-135 of the Army Act, which deal with the execution of sentences of penal servitude, imprisonment and detention, and prescribe the nature and locality of the penal establishments in which those sentences are to be served. The re-draft gives effect to the recommendations of the Army Act Revision Committee, who reported that the existing provisions as they stand constitute a very confusing piece of legislation, and have given rise to great difficulty in practice. The re-draft does not effect any substantial alteration of the law, except in one particular, namely, that it enables a soldier sentenced to penal servitude on active service to be ordered to serve part of his sentence, not exceeding two years, in a military prison instead of in a penal servitude prison.

Clause 12.

Subsection (1).—The effect of this amendment will be to introduce into the Army Act a provision similar to the existing paragraph (10) of s. 48 of the Air Force Act.

It enables air force officers to serve as members of a military court-martial where military officers with the necessary rank and service are not available.

Subsection (2).—This amendment is consequential.

Clause 13.

These amendments will enable the regular forces to be billeted before directions have been given for embodying all or any part of the territorial army, and men of the territorial army to be billeted when they have been called out for actual military service for purposes of defence before the territorial army has been embodied. Clause 14. The amendments contained in this clause are consequential on the new definition of the expression “corps which was inserted in the Army Act by s. 17 of the Army and Air Force (Annual) Act, 1925.

Clause 15. The object of this amendment is to make it clear that a member of the naval forces attached to the air force is subject to the Air Force Act in all cases except in the special circumstances specified in ss. 175 (la) and 176 (la) of that Act.

Clause 16. The normal method of regulating for the Royal Air Force the matters which for the Army are regulated by Royal Warrant is by an Order of His Majesty signified under the hand of a Secretary of State. This clause makes the necessary substitution in the Air Force Act.

Bill.

ARRANGEMENT OF CLAUSES.

Clause.

1. Short title. 2. Army Act and Air Force Act to be in force for

specified times. 3. Prices in respect of billeting.

AMENDMENTS OF ARMY AND AIR

FORCE ACTS.

PART I. AMENDMENTS OF ARMY ACT APPLICABLE ALSO TO

THE AIR FORCE ACT. 4. Amendment of s. 18 of Army Act. 5. Amendment of s. 44 of Army Act. 6. Amendments of s. 52 of Army Act. 7. Amendments of s. 56 of Army Act. 8. Amendment of s. 130 of Army Act. 9. Amendment of s. 161 of Army Act. 10. Amendment of provisions relating to execution of

sentences, &c. 11. Application to Air Force.

PART II.

AMENDMENTS OF ARMY Act. 12. Amendments of ss. 48 & 49 of Army Act. 13. Amendment of provisions as to billeting. 14. Amendments of ss. 82, 100 and 161 of Army Act.

PART III.

AMENDMENTS OF AIR FORCE ACT.

15. Amendment of s. 179A of Air Force Act. 16. Amendment of s. 190 of Air Force Act.

SCHEDULES.

« ZurückWeiter »