Section 4 Attachment of personnel and mutual powers of command.C6C1C2C3C4
United Kingdom
F3The Defence Council—
may attach temporarily to a home force any member of another force to which this section applies who is placed at their disposal for the purpose by the service authorities of that part of the Commonwealth to which the other force belongs;
may, with his consent, place any member of a home force at the disposal of the service authorities of another part of the Commonwealth for the purpose of being attached temporarily by those authorities to a force to which this section applies belonging to that part of the Commonwealth.
While a member of another force is by virtue of this section attached temporarily to a home force—
he is subject to service law for the purposes of the Armed Forces Act 2006 at all times at which he would be so subject if he were a member of that force; and
he shall be treated as if he were a member of the home force of relative rank:
Provided that His Majesty may by Order in Council direct that in relation to members of a force of any part of the Commonwealth specified in the Order, F6the Armed Forces Act 2006 shall apply with such exceptions and subject to such adaptations and modifications as may be so specified.
When a home force and another force to which this section applies are serving together, whether alone or not—
any member of the other force shall be treated and shall have over members of the home force the like powers of command as if he were a member of the home force of relative rank; and
if the forces are acting in combination, any officer of the other force appointed by His Majesty, or in accordance with regulations made by or by authority of His Majesty, to command the combined force, or any part therof, shall be treated and shall have over members of the home force the like powers of command and punishment F7. . . as if he were an officer of the home force of relative rank and holding the same command.
For the purposes of this section, forces shall be deemed to be serving together or acting in combination if and only if they are declared to be so serving or so acting by order of the Defence Council, and the relative rank of members of the home forces and of other forces shall be such as may be prescribed by Regulations made by His Majesty.
Annotations
Textual amendments
- F1
Words repealed by South Africa Act 1962 (c. 23), Sch. 5
- F2
Words repealed by Newfoundland (Consequential Provisions) Act 1950 (c. 5), Sch. Pt. II
- F3
Words substituted with saving by S.I. 1964/488
- F4
Words in s. 4(2)(ii) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 14(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F5
Words in s. 4(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 14(3)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F6
Words in s. 4(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 14(3)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F7
Words in s. 4(4)(b) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. I; S.I. 1997/304, arts. 2, 3
Modifications
- C1
Irish Free State now known as the Republic of Ireland: Eire (Confirmation of Agreements) Act 1938 (c. 25), s. 1 and Ireland Act 1949 (c. 41), s. 1
- C2
S. 4 extended by S.I. 1978/1030, Sch. para. 3; by S.I. 1978/1899, Sch. para. 3; by Kiribati Act 1979 (c. 27, SIF 26:19A), s. 3(4), Sch. para. 3; by S.I. 1979/917, Sch. para. 3; by Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980 (c. 2, SIF 26:26), s. 3, Sch. para. 7; by S.I. 1980/701, Sch. para. 11(1); by New Hebrides Act 1980 (c. 16, SIF 26:26A), s. 4(2), Sch. 1 para. 3; by Belize Act 1981 (c. 52, SIF 26:7A), s. 3(4), Sch. 2 para. 2; by S.I. 1981/1105, Sch. para. 3; by S.I. 1983/882, Sch. para. 2; by Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 1, Sch. para. 5; (retrospectively: 1.10.1989) by Pakistan Act 1990 (c. 14, SIF 26:30), s. 1, Sch. para. 4
- C3
S. 4 extended (retrospective to 21. 3. 1990) by Namibia Act 1991 (c. 4, SIF 26:25A), s. 1, Sch. para. 2 (with s. 2(2))
s. 4 extended (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 4
- C4
S. 4 applied (7.1.2003) by 2002 c. 39, ss. 2, 4(2), Sch. 2 para. 2
- C5
S. 4(2) amended by Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20), Sch. 2 para. 9(1)
- C6
S. 4 applied by enactments listed in Chronological Table of the Statutes; saved by Naval Discipline Act 1957 (c. 53), s. 121(1)