Naval Discipline Act 1957

Naval Discipline Act 1957[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision for the discipline of the Navy, and for other purposes connected with the Navy.
Citation5 & 6 Eliz. 2. c. 53
Territorial extent United Kingdom
Dates
Royal assent31 July 1957
Commencement1 January 1959[b]
Repealed31 October 2009[c]
Other legislation
Amends
Repeals/revokes
  • Freight for Treasure Act 1819
  • Naval Deserters Act 1847
  • Naval Discipline Act 1866
  • Naval Discipline Act 1884
  • Naval Discipline Act 1909
  • Naval Discipline (Dominion Naval Forces) Act 1911
  • Navy (Pledging of Certificates, etc.) Act 1914
  • Naval Discipline Act 1915
  • Naval Discipline (No. 2) Act 1915
  • Naval Discipline Act 1917
  • Naval Discipline Act 1922
  • Naval Discipline (Amendment) Act 1938
  • Naval Discipline (Amendment) Act 1941
Amended by
Repealed byArmed Forces Act 2006
Status: Repealed
Text of statute as originally enacted
Revised text of statute as amended

The Naval Discipline Act 1957 (5 & 6 Eliz. 2. c. 53) was an act of the Parliament of the United Kingdom governing discipline in the Royal Navy. It governed courts-martial and criminal penalties for crimes committed by officers and ratings of the Royal Navy. It was substantially replaced at the end of 2008 by the Armed Forces Act 2006, which created a unified code of military law for all three British Armed Forces. The whole act was repealed in October 2009.[1]

Provisions

Repealed enactments

Section 137(1) of the act repealed 30 enactments, listed in the sixth schedule to the act.[2]

Citation Short title Extent of repeal
59 Geo. 3. c. 25 Freight for Treasure Act 1819 The whole act.
5 & 6 Will. 4. c. 24 Naval Enlistment Act 1835 In section one, the words from "Provided also", in the first place where those words occur, to "forces by sea". Sections two and three.
10 & 11 Vict. c. 62 Naval Deserters Act 1847 The whole act.
16 & 17 Vict. c. 69 Naval Enlistment Act 1853 In section twelve, the words from "or of aiding" to "vessel".
16 & 17 Vict. c. 73 Naval Volunteers Act 1853 Sections twenty-one to twenty-four.
22 & 23 Vict. c. 40 Royal Naval Reserve (Volunteer) Act 1859 Sections eleven and twelve. In section fifteen the words from the beginning to "while in actual service; and", and the words from "Provided that" to the end of the section. Sections nineteen to twenty-two.
26 & 27 Vict. c. 69 Officers of Royal Naval Reserve Act 1863 In section two the words from "and shall" to the end of the section.
29 & 30 Vict. c. 109 Naval Discipline Act 1866 The whole act.
47 & 48 Vict. c. 39 Naval Discipline Act 1884 The whole act.
59 & 60 Vict. c. 33 Royal Naval Reserve Volunteer Act 1896 Section two.
9 Edw. 7. c. 41 Naval Discipline Act 1909 The whole act.
1 & 2 Geo. 5. c. 47 Naval Discipline (Dominion Naval Forces) Act 1911 The whole act.
4 & 5 Geo. 5. c. 89 Navy (Pledging of Certificates, etc.) Act 1914 The whole act.
5 & 6 Geo. 5. c. 30 Naval Discipline Act 1915 The whole act.
5 & 6 Geo. 5. c. 73 Naval Discipline (No. 2) Act 1915 The whole act.
7 & 8 Geo. 5. c. 34 Naval Discipline Act 1917 The whole act.
7 & 8 Geo. 5. c. 51 Air Force (Constitution) Act 1917 Section seven and the First Schedule.
12 & 13 Geo. 5. c. 37 Naval Discipline Act 1922 The whole act.
15 & 16 Geo. 5. c. 88 Coastguard Act 1925 In section two the words from "and be" to "commission".
21 & 22 Geo. 5. c. 9 Colonial Naval Defence Act 1931 In section two, in subsection (2) the words from "and while" to the end of paragraph (c). In section four, subsection (4).
1 & 2 Geo. 6. c. 64 Naval Discipline (Amendment) Act 1938 The whole act.
4 & 5 Geo. 6. c. 29 Naval Discipline (Amendment) Act 1941 The whole act.
10 & 11 Geo. 6. c. 24 Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 In section one, subsection (4).
10 & 11 Geo. 6. c. 30 Indian Independence Act 1947 Section thirteen.
11 & 12 Geo. 6. c. 10 Emergency Laws (Miscellaneous Provisions) Act 1947 In the Second Schedule, paragraph 3.
11 & 12 Geo. 6. c. 64 National Service Act 1948 In section twenty-six, paragraph (b) of subsection (2), and subsection (3).
14 & 15 Geo. 6. c. 46 Courts-Martial (Appeals) Act 1951 In section twenty-four, in subsection (1), in the definition of "naval court-martial", the words "constituted under section fifty-seven A of that Act".
3 & 4 Eliz. 2. c. 20 Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 In the Second Schedule, paragraph 1, sub-paragraph (3) of paragraph 6, and paragraph 7.
5 & 6 Eliz. 2. c. 6 Ghana Independence Act 1957 In section four, in subsection (2), the words "and in section eighty-six of the Naval Discipline Act as amended by the Revision of the Army and Air Force Acts (Transitional Provisions) Act, 1955".
5 & 6 Eliz. 2. c. 11 Homicide Act 1957 In section eight, subsection (2). In section nine, in subsection (2), the words "and the first paragraph of section forty-five of the Naval Discipline Act".

Subsequent developments

The Armed Forces Act 1981 amended certain aspects of the act; most notably, it abolished the death penalty for the crime of espionage for the enemy on ships or in naval establishments.[3] The Human Rights Act 1998 abolished the death penalty for all other capital crimes under the Act.[4]

In 2004, courts martial in the Royal Navy were reformed by an order issued by the parliamentary Joint Committee on Human Rights. The committee found that the appointment of serving naval officers as Judge Advocates, and their appointment by the Chief Naval Judge Advocate (also a serving officer), undermined the independence and impartiality of courts martial, thereby contravening human rights legislation. The order instructed that all judge advocates should be appointed solely by the Judge Advocate of the Fleet, a civilian circuit judge.[5]

The whole act was repealed by section 378(2) of, and schedule 17 to, the Armed Forces Act 2006, which came into force on 31 October 2009.[6]

Notes

  1. ^ Section 139(1).
  2. ^ Section 139(2). The Naval Discipline Act 1957 (Commencement) Order 1958 (SI 1958/1952).
  3. ^ The Armed Forces Act 2006 (Commencement No. 5) Order 2009 (SI 2009/1167).

References

  1. ^ Naval Discipline Act 1957. UK Legislation Official Website. Accessed April 15, 2012.
  2. ^ "Naval Discipline Act 1957", legislation.gov.uk, The National Archives, Eliz2/5-6 c. 53
  3. ^ Armed Forces Act 1981 (c. 55), Part III, UK Statute Law Database
  4. ^ Human Rights Act 1998, section 21(5)
  5. ^ Naval Discipline Act 1957 (Remedial) Order 2004, UK Parliament Publications
  6. ^ "Armed Forces Act 2006", legislation.gov.uk, The National Archives, 2006 c. 52


This article is issued from Wikipedia. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.