Act, 1948. (3) Where the soldier has a home in Northern Ireland— (b) the Army Council or officer deputed by them shall, (4) An order made under subsection (2) of this section shall have the like effect, and the like proceedings shall be taken thereon, as if it were an order under section sixteen PART I. -cont. of the Lunacy Act, 1890, or in Scotland an order of the sheriff 53 & 54 Vict. made under section fourteen, or in the case of a soldier being a dangerous person of unsound mind, section fifteen, of c. 5. the Lunacy (Scotland) Act, 1862; and an order under 25 & 26 Vict. paragraph (a) of subsection (3) of this section shall have the C. 54. like effect, and the like proceedings shall be taken thereon, as if it were a reception order made under section nine of the Mental Treatment Act (Northern Ireland), 1932, or under any corresponding enactment of the Parliament of Northern Ireland for the time being in force. (5) Any question arising under this section whether, and if so where, a person has a home in the United Kingdom shall be decided by the Army Council or an officer deputed by them, and for the purposes of this section a person with no home in the United Kingdom may be treated as if he had a home in such area as may be determined by the Army Council or an officer deputed by them." maintain wife and children. 5. After subsection (2) of section one hundred and forty-four A Liability of of the Army Act (which provides for the sending to the Army officer to Council or an officer deputed by them of an order or decree for payment by an officer of the cost of the maintenance of his wife or children or any illegitimate child of his or of the cost of relief given to his wife or child, and for the deduction from his pay of such portion thereof as the Army Council or deputed officer may determine and the appropriation of the amount deducted in liquidation of the sum ordered to be paid by the order or decree) there shall be inserted the following subsection: " (2A) The last foregoing subsection shall apply as well to orders and decrees made before the date of the coming PART I. -cont. Amendment of s. 158. Repeal of subsection (1) of s. 187c. Act, 1948. into operation of that subsection as to orders and decrees made after that date, but in relation to an order or decree made before that date that subsection shall apply— (a) with the substitution for the reference to a man who is or subsequently becomes an officer of the regular forces of a reference to a man who was an officer of the regular forces at the time when the order or decree was made or has subsequently become an officer of those forces; (b) with the substitution for the words ' a copy of such order or decree shall be sent' of the words 'a copy of such order or decree may be sent'; and (c) as if the reference to the sum adjudged to be paid by the order or decree included a reference to any arrears accruing thereunder whether before or after the date of the coming into operation of the said subsection (2)." 6.-(1) In the proviso to subsection (1) of section one hundred and fifty-eight of the Army Act (which provides that except in the case of certain offences a person who since the commission of an offence has ceased to be subject to military law shall not be tried for the offence by court-martial unless his trial commences within three months after he had ceased to be subject to military law) after the words "he had ceased to be subject to military law' there shall be inserted the words "or unless the offence was committed outside the United Kingdom and is an offence which when committed in England is punishable by the law of England, and the Attorney-General consents to the trial". (2) Subsection (1) of this section shall apply in relation to the trial of an offence after the coming into operation of this Act, whether the offence was committed before or after the coming into operation thereof. 7. In section one hundred and eighty-seven C of the Army Act, subsection (1) (which enabled certain provisions to have effect as respects New Zealand forces, and persons attached to or accompanying those forces, notwithstanding that the Parliament of 22 & 23 Geo. 5. New Zealand had not adopted sections two to four of the Statute of Westminster, 1931) shall be omitted. c. 4. Application of Part I to Air Force Act. 8. References in the preceding sections in this Part of this Act to the Army Act shall be deemed to include references to the Air Force Act, and the provisions of the said sections shall in their application to the Air Force Act have effect subject to any of the general modifications set out in Part I of the Second 7 & 8 Geo. 5. Schedule to the Air Force (Constitution) Act, 1917, which apply. Act, 1948. PART II. AMENDMENTS OF THE ARMY ACT. air force 9. In section sixty-eight of the Army Act, in paragraph (e) of Power of subsection (2) (which defines the expression "detention barrack" detention in as including, unless the Secretary of State otherwise directs, an corrective air force detention barrack) after the words air force detention establish barrack" there shall be added the words "or air force corrective ments. establishment ". corps. 10.-(1) In section eighty-three of the Army Act, in paragraph Transfer (2) (which provides that a soldier of the regular forces may with between his own consent be transferred by order of the competent military authority to any corps) the words "with his own consent shall be omitted, and at the end of that paragraph there shall be added the words "so however that, save as otherwise provided in this section, a soldier shall not be so transferred except with his own consent unless either his attestation took place after the thirtieth day of April, nineteen hundred and forty-eight or he has after that date extended his army service or the term of his original enlistment or he has been re-engaged after that date". (2) Subsection (3) of section three of the Armed Forces 2 & 3 Geo. 6. (Conditions of Service) Act, 1939 (which provides that where a c. 68. transfer is authorised both by subsection (2) of that section and by section eighty-three of the Army Act, the transfer shall be deemed to have been effected in pursuance of the said subsection (2)) shall not apply in relation to a transfer authorised by virtue of subsection (1) of this section. 11. (1) In section one hundred and seventy-nine A of the Deductions Army Act (which provides for the application of that Act to from pay of members of the air force attached to, or seconded for service officers and with, the regular forces) in subsection (2), after the words airmen attached to, Act" where they first occur, and in each place where they occur or seconded in paragraph (d) of that subsection, there shall be inserted the for service words except sections one hundred and thirty-six to one with, the hundred and forty-five A thereof ". (2) Paragraphs (h) and (i) of subsection (2) of the said section one hundred and seventy-nine A shall be omitted. (3) At the end of the said section one hundred and seventynine A there shall be added the following subsections : (3) Where an officer or airman of the air force is attached to, or seconded for service with, the regular forces, sections one hundred and thirty-six to one hundred and forty-four of this Act shall apply to him as if he were an officer or regular forces. PART II. -cont. Air Force corrective establishments. Act, 1948. soldier of the regular forces, but subject to the following modifications : (a) in paragraph (5) of section one hundred and thirtyseven the references to the Army Council and to this Act shall be construed as references to the Air Council and to sections one hundred and fortyfour A and one hundred and forty-five A of the Air Force Act; (b) in paragraph (8) of section one hundred and thirtyeight the references to the Army Council and to this Act shall be construed as references to the Air Council and to sections one hundred and forty-five and one hundred and forty-five A of the Air Force Act. (4) Nothing in the foregoing provisions of this section shall affect the application to any such officer or airman of sections one hundred and forty-four A to one hundred and forty-five A of the Air Force Act." PART III. AMENDMENTS OF THE AIR FORCE ACT. 12. In section one hundred and thirty-two of the Air Force Act (which provides for the establishment and regulation of detention barracks) for subsection (3A) there shall be substituted the following subsection :- (3A) Rules under this section may provide for the serving of sentences of imprisonment or detention, or parts of such sentences, in establishments to be known as air force corrective establishments in lieu of detention barracks, and such rules (a) may make special provisions as respects such establishments for any of the matters specified in subsection (2) of this section; (b) may provide for persons serving sentences in such establishments being allowed out of air force custody for such periods, and subject to such conditions, as may be specified by or under the rules and for the application of this Act to persons allowed out of air force custody in pursuance of the rules who have not returned thereto on the expiration of any such period or who do not comply with any such conditions, as it applies to persons who escape from lawful custody; and subject to the provisions of rules made by virtue of this subsection this Act shall apply in relation to air force corrective establishments as it applies in relation to detention barracks." Act, 1948. PART III. -cont. Amendments 13. (1) For proviso (d) to section one hundred and seventynine of the Air Force Act (which provides that an airman borne on the books of any of His Majesty's ships in commission shall, as to officers if of the regular air force, continue to be subject to the provisions and airmen of section one hundred and forty-five of the Air Force Act) there borne on shall be substituted the following provisos books of His Majesty's "(d) any such officer shall, if he is an officer of the regular ships and to air force, continue to be subject to the provisions of officers, sections one hundred and forty-four A and one hundred sailors, and and forty-five A of this Act; soldiers attached to (e) any such airman shall, if he is an airman of the regular air force. air force, continue to be subject to the provisions of sections one hundred and forty-five and one hundred and forty-five A of this Act." (2) In section one hundred and seventy-nine A of the Air Force Act (which provides for the application of that Act to members of the naval and military forces attached or lent to, or seconded for service with, the regular air force or the air force reserve) in subsection (2), after the words "this Act" in the second place in which they occur, and in each place where they occur in paragraphs (e) and (f) of that subsection, there shall be inserted the words "except sections one hundred and thirty-six to one hundred and forty-five A thereof ", and the words from "and shall so apply" to "commission in the air force" shall be omitted. (3) Paragraphs (i) and (j) of subsection (2) of the said section one hundred and seventy-nine A shall be omitted. (4) After the said subsection (2) there shall be inserted the following subsections : (2A) where an officer, petty officer or seaman of the naval forces, other than one who remains subject to the Naval Discipline Act by virtue of paragraph (IA) of section one hundred and seventy-five or paragraph (IA) of section one hundred and seventy-six of this Act, is attached or lent to, or seconded for service with, the regular air force or the air force reserve, sections one hundred and thirty-six to one hundred and forty-four of this Act shall apply to him as if he were an officer or airman of the regular air force, but subject to the following modifications : (a) in paragraph (5) of section one hundred and thirty- (b) in paragraph (8) of section one hundred and thirty- |