7 & 8 GEORGE 5, CHAPTER 51.

Section of Army Act.

Modification or Exception.

(8) When ordered by his superior officer or otherwise under orders to carry out any warlike operation in the air negligently or through other default fails to use his utmost exertions to carry the order into effect."

In subsection (1) paragraph (a) shall be omitted.

In subsection (1) (d) "soldier when acting as" shall be omitted.

In subsection (1) the following paragraph shall be added after paragraph (k):-"or

(1) Without due authority alters or interferes with any air signal.

In subsections (1) (h) and (2) (a) "drawing swords, beating drums" and "in action on the march in the field or elsewhere" shall be omitted.

For "any forces belonging to His Majesty's regular, reserve, or auxiliary forces or navy," and for "His Majesty's regular, reserve, or auxiliary forces or navy' (wherever those words occur), there shall be substituted "any of His Majesty's naval, military, or air forces."

For "general or garrison or other orders" there shall be substituted "general, local, or other orders," and for "army" wherever it occurs there shall be substituted "air force."

In paragraph (a) the following words shall be substituted for the words from the beginning down to and including "actual military service" :—

"When belonging to the regular air force or to the auxiliary air force when embodied,'

and "any air force" shall be substituted for "any force."

In paragraph (b) "the air force reserve or the auxiliary air force or any of the
military forces" shall be substituted for "the militia or territorial force or in
any of the reserve forces."

For "quits the ranks" there shall be substituted "quits his duty or duties."
For "general, garrison, or other order" there shall be substituted “general,
local, or other order."

"air force, naval or military" shall be substituted for "military."

Army or Navy" shall be substituted for "Navy" wherever it occurs, and "the regular reserve or auxiliary air force" shall be substituted for "the regular forces, reserve forces, or auxiliary forces."

"air or military" shall be inserted after "His Majesty's " wherever those words

occur.

After this section the following section shall be inserted :—
"39A. Every person subject to this Act who commits any of the following
offences that is to say-

(a) wilfully or by wilful neglect or negligently damages, destroys,
or loses any of His Majesty's aircraft or aircraft material; or
(b) is guilty of any neglect likely to cause such damage, destruction,
or loss; or

(c) by neglect (whether wilful or otherwise) causes damage to or
destruction of any public property by fire; or

(d) without lawful authority disposes of any of His Majesty's aircraft or aircraft material; or

(e) wilfully or by wilful neglect or negligently causes any danger in flying to the life of any officer or airman of the Air Force; or (f) During a state of war wilfully and without proper occasion or negligently causes the sequestration by or under the authority of a neutral State or the destruction in a neutral State of any of His Majesty's aircraft,

shall, on conviction by court-martial, be liable, if he has acted wilfully or with wilful neglect, to suffer penal servitude, or such less punishment as is in this Act mentioned, and in any case to suffer imprisonment or such less punishment as is in this Act mentioned."

The words from "or in the case of " to "may appoint" (both inclusive) shall be omitted.

"air force" shall be substituted for "army."

"air force decoration" shall be substituted for "military decoration" and " as
applied to the air force" shall be inserted after "Regimental Debts Act
1893," and "
as so applied" shall be inserted after "savings banks" and after

"Acts."

Section of Army Act.

AIR FORCE (CONSTITUTION) ACT 1917.

Modification or Exception.

The words "under this Act" shall be omitted, and "this Act" shall be substituted for "such law."

"according to the usages of the service" shall be omitted, and at the end of the subsection "and includes naval and military custody" shall be inserted.

This section shall be omitted.

In subsection (3) "seven" shall be substituted for "nine," and at the end of the section the following subsection shall be inserted :

"(10) If it becomes necessary to convene a court-martial under this Act at any place where in the opinion of the convening officer the necessary number of officers of the air force is not available to form such a court, or where in his opinion such a necessary number could not be made available without serious injury to the interests of the service (such opinion to be expressed in the order convening the court, and to be conclusive), then the said convening officer may, with the consent of the proper naval or military authority, nominate any naval or military officer to preside over the court, or nominate as members of the court any necessary number of naval or military officers in addition to or in lieu of officers of the air force Provided that no naval or military officer shall be qualified to perform any function in relation to such court-martial unless he is of equal seniority and equivalent rank to that which would have been required by the provisions of this Act if he had been an officer of the air force."

For "troops," wherever that word occurs, and for “forces" there shall be
substituted "the air force."

After "this Act" there shall be inserted "except subsection (10) thereof."
Paragraph (a) shall be omitted.

In paragraph (d) for "troops" there shall be substituted "the air force," for
"general or field officer" there shall be substituted "general field or flag
officer," and at the end of that paragraph "whether such officer is an officer of
the air force or of the naval or military forces" shall be inserted.

In paragraph (a) "or the officer commanding the district or station where the prisoner subject to such punishment may for the time be" and "and" shall be omitted.

Paragraphs (b), (c), and (d) shall be omitted.

The following subsection shall be substituted for subsection (11):—

"The committing authority for the purpose of this section whether in India or a colony, shall be the prescribed officer."

In paragraph (a) of subsection (12) and paragraph (b) of subsection (13) “prescribed" shall be substituted for "in this section named."

Paragraph (b) of subsection (12) shall be omitted.

Paragraph (a) shall be omitted.

Paragraph (b) shall be omitted.

Paragraphs (a) and (b) and paragraph (c) down to and including the words "In any case" shall be omitted.

Paragraph (b) shall be omitted.

65 (4)

Paragraph (a) shall be omitted.

Paragraph (b) shall be omitted.

The words "army or" shall be omitted, and at the end of the section the words "whether such an officer is an officer of the air force or of the army or navy" shall be inserted.

Paragraphs (b) and (c) and paragraph (d) down to and including the word "whether" shall be omitted.

"by court-martial under this Act" shall be substituted for "by military law."

All from “or in the case of India" (inclusive) shall be omitted.

"the air force" shall be substituted for "forces."

Subsection (2) shall be omitted.

This section shall be omitted.

In subsection (1) "that force" shall be substituted for "those forces" and subsection (3) shall be omitted.

For "first class of the army reserve force" there shall be substituted "air force reserve."

At the end of the subsection there shall be inserted as respects the army."

7 & 8 GEORGE 5, CHAPTER 51.

Section of Army Act.

Modification or Exception.

In subsection (1) "air force " shall be substituted for "forces" and "military
shall be omitted, and in subsection (6) "air force" shall be substituted for
"Army."
After "carriages and animals," where those words first and secondly occur,
there shall be inserted "and aircraft."

At the end of the subsection the following proviso shall be inserted:—
"Provided that if in any year a list of carriages and animals is made out under
section one hundred and fourteen of the Army Act a list of carriages and
animals shall not be made out under this section, but the list so made out
shall have effect as if it had been made out under this section as well as
under the said section of the Army Act."

After "carriages or animals," wherever those words occur, there shall be inserted
"or aircraft.'

"in England and Scotland" and "either the Police authority or the county association established under the Territorial and Reserve Forces Act 1907 and in Ireland" shall be omitted.

"military" shall be omitted.

"military" shall be omitted, and for "troops" there shall be substituted "body of the air force."

แ or an order for the embodiment of the militia" shall be omitted.

66 or an order for the embodiment of the militia" shall be omitted.

In paragraphs (b) and (c) "territorial" shall be omitted.

At the end there shall be inserted :-

"it also includes, in the case of a body of the air force on active service, the officer commanding-in-chief in the field, whether such officer is an officer of the air force, army, or navy."

At end there shall be inserted :

"Provided that this subsection shall not apply to a person imprisoned in England."

After "officer commanding-in-chief in the field" there shall be inserted "whether such officer is an air force, military, or naval officer."

For "the service" there shall be substituted "the air service."

For "any arms, ammunition, equipment" there shall be substituted " any aircraft or any part thereof, or any arms, ammunition, aircraft material, or any other equipment," and for "military decoration" there shall be substituted "air-force decoration."

For "military, naval, or civil authority" there shall be substituted "air force, military, naval, or civil authority," and for "the regular reserve or auxiliary forces" there shall be substituted "the regular reserve or auxiliary air force."

For "military, naval, or civil authority" there shall be substituted “air force,
military, naval, or civil authority."

"military" shall be omitted and "air force" shall be substituted for "forces."
The words from "except " to "Forces Act 1871" (both inclusive) shall be omitted,
and after "1875" there shall be inserted "as applied to the air force."
"air-force, naval, or military decorations" shall be substituted for " military
decorations," and "the charge of a unit of the air force" shall be substituted
for "regimental charge."

For "military punishment" there shall be substituted "punishment under this.
Act."

In paragraph (a) "any of" shall be omitted, in paragraph (b) for "Army Council"
there shall be substituted "Air Council or the Army Council," in paragraph
(c) "air force circulars" shall be substituted for "army circulars," and in
paragraph (d) "air force list" shall be substituted for "army list."

The words "of the Judge Advocate-General, or," "such Judge Advocate-General
or his deputy authorised in that behalf, or by" and "Judge Advocate-General,.
deputy, or " shall be omitted.

The words " or by the commander-in-chief or adjutant-general of the forces in
India" and "commander-in-chief, adjutant-general or "shall be omitted.
Subsections (3), (5), (6), and (9) and in subsection (7) the words from and
including subject to this qualification" to the end of the subsection shall.

be omitted.

AIR FORCE (CONSTITUTION) ACT 1917.

Section of Army Act.

Modification or Exception.

The following subsection shall be inserted after subsection (1):-
"(1a) Any officer of the naval or military forces of the Crown who is attached,
or lent to, or seconded for service with, the air force, subject, however,
to the modifications contained in this Act, and with this exception, that
if the members of the body of the air force with which any such naval
officer is serving are themselves subject to the Naval Discipline Act
he shall remain subject to that Act."

In subsection (2) "any of " shall be omitted.

In subsection (3A) "auxiliary air" shall be substituted for "territorial."
In subsection (4) for "troops or portion of troops" there shall be substituted “air
force or portion of an air force."

In subsection (7) "air force" shall be substituted for "troops," and "any of"
shall be omitted.

In subsection (8) "any part of the air force" shall be substituted for "a force," for "such force" there shall be substituted "such part."

In subsection (10) "air force " shall be inserted before "officers."

In subsection (11) "an air force" shall be substituted for "a force," and for "the regular, reserve, or auxiliary forces" there shall be substituted "the regular, reserve, or auxiliary air force."

The following subsection shall be inserted after subsection (1):—

"(1A) All petty officers, non-commissioned officers, and seamen and soldiers of the naval or military forces of the Crown who are attached or lent to the air force, subject, however, to the modifications contained in this Act, and with this exception, that if the members of the body of the air force with which any such petty officer or man of the naval forces is serving are themselves subject to the Naval Discipline Act he shall remain subject to that Act."

In subsection (2) "any of" shall be omitted.

In subsection (5) "or the militia reserve force" and paragraph (b) shall be omitted.

Subsections (6), (7), (8) shall be omitted.

In subsection (6A) "auxiliary air" shall be substituted for "territorial."

In subsection (8A) "the regular, reserve, or auxiliary air force " shall be substituted for "the regular, reserve, or auxiliary forces."

In subsections (9) and (10) "air force" shall be substituted for "troops," and in subsection (9) "any part of" shall be substituted for "any of," and in subsection (10) the words from and including "subject to this qualification" to the end of the subsection shall be omitted.

For "any force of volunteers, or of militia or any other force" there shall be substituted "any air force.”

For "His Majesty's forces" there shall be substituted "the part of His Majesty's air force."

For "the regular, reserve, or auxiliary forces" there shall be substituted "the regular, reserve, or auxiliary air force."

The words "military law in pursuance of" shall be omitted wherever those
words occur.

For this section the following sections shall be substituted :-
"179. Officers and airmen of the air force during the time they are borne on the
books of any of His Majesty's ships in commission (unless made
subject to this Act as hereinafter provided) shall be subject to the
Naval Discipline Act and to the laws for the government of the officers
and seamen in His Majesty's Navy, and the rules for the discipline of
His Majesty's Navy for the time being, and shall be tried and punished
for any offence in the same manner as officers and seamen in His
Majesty's Navy :

Provided that

(a) this provision shall not prevent the application of this Act to
any person dealing with or having any relations with any
such officer or airman, or to any such officer or airman if
found on shore as a deserter or absentee without leave;
(b) if any snch officer or airman is employed on land the senior
naval officer present may, if it seems to him expedient, order

Section of Army Act.

179-contd.

7 & 8 GEORGE 5, CHAPTER 51.

Modification or Exception.

that he shall during such employment be subject to this Act, and while such order is in force he shall be subject to this Act accordingly;

(e) if any such officer or airman commits an offence for which he is not amenable to a naval court-martial, but for which he can be punished under this Act, he may be tried and punished for such offence under this Act."

"179A. (1) Where an officer, petty officer, or seaman of the naval forces when not subject to the Naval Discipline Act, or an officer, non-commissioned officer, or soldier of the military forces, is attached, or lent to, or seconded for service with, the regular air force, this Act shall apply to him, subject to the following modifications:

(a) A general court-martial for the trial of any such officer, petty officer, non-commissioned officer, seaman, or soldier shall not be convened except :

(i.) in the case of an officer, petty officer, or seaman of the naval forces, by the Admiralty or by an officer authorised by a warrant from the Admiralty in pursuance of this section;

(ii.) in the case of an officer, non-commissioned officer, or soldier of the military forces, by His Majesty or by an officer authorised to convene a general court-martial under the Army Act (who shall have power to convene a general court-martial for the purposes of this section); except that where the officer, petty officer, non-commissioned officer, seaman, or soldier is serving beyond the seas with a body of the regular air force, and in the opinion of the general or other officer commanding that body (such opinion to be stated in the order convening the court and to be conclusive) there is not present any officer so authorised to convene a general court-martial under this section, a general court-martial convened by such general or other officer, if authorised to convene general courts-martial under this Act, may try such officer, petty officer, non-commissioned officer, seaman, or soldier;

(b) A district court-martial for the trial of any such petty officer,
non-commissioned officer, seaman, or soldier may be con-
vened by any officer having authority to convene a district
court-martial for the trial of an airman of the regular air
force;

(c) Any power in relation to the convening of courts-martial, or
of authorising an officer to convene courts-martial, or to
delegate the powers of convening courts-martial, or of con-
firming the findings and sentences of courts-martial, or
otherwise in relation to courts-martial, which under this
Act His Majesty may exercise by any warrant or warrants,
may, as respects any such officer, petty officer, or seaman
of the naval forces, be exercised in His Majesty's name by
a warrant or warrants from the Admiralty;
and any
such
warrant may be addressed to any officer to whom any
warrant of His Majesty can be addressed;
(d) Without prejudice to any power of confirmation, the findings
and sentences of any general court-martial on any such
officer, petty officer, non-commissioned officer, seaman, or
soldier may be confirmed in the case of an officer, petty
officer, or seaman of the naval forces by the Admiralty,
and in the case of an officer, non-commissioned officer, or
soldier of the military forces by His Majesty, or in either
case by an officer authorised under this section to convene
the same;

(e) Anything required or authorised by this Act to be done by,
to, or before a Secretary of State or the Air Council may