OpenLegislation

Regulation 12 Forfeiture of pay – absence from duty

(1)

References in regulation 3 to absence include absence before the time at which these Regulations come into force.

(2)

The reference in regulation 3(1)(a) to an offence under section 8 or 9 is to be read as including an offence under section 37 or 38 of AA 1955, section 37 or 38 of AFA 1955 or section 15 or 17 of NDA 1957.

(3)

The reference in regulation 3(1)(b) to a relevant sentence is to be read as including a sentence of imprisonment or detention awarded under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.

(4)

The references in regulation 3(1)(f) to being convicted of a service offence are to be read as including being convicted of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.

(5)

In regulation 3(1)(f)(ii) “a charge against him has been determined to have been proved at a summary hearing under section 131” is to be read as including being found guilty of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957 and “was determined to have been proved” in regulation 3(1)(f) is to be read accordingly.

(6)

In regulation 3(1)(g)—

(a)

the references to Part 1 of the Act are to be read as including Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957; and

(b)

“a charge against him in respect of an offence under Part 1 of the Act has determined to have been proved at a summary hearing under section 131” is to be read as including being found guilty of an offence under Part 2 of AA 1955, Part 2 of AFA 1955 or Part 1 of NDA 1957.

(7)

The reference in regulation 3(1)(h) to being convicted of an offence under section 5(2) is to be read as including being convicted of an offence under section 25(1)(e) of AA 1955 or section 25(1)(e) of AFA 1955 or being convicted or found guilty of an offence under section 3(1)(e) of NDA 1957.

(8)

The reference in regulation 3(1)(i) to an offence under section 1(2) is to be read as including an offence under section 25(1)(d) of AA 1955, section 25(1)(d) of AFA 1955 or section 3(1)(d) of NDA 1957.