Statutory Instruments
2007 No. 651
DEFENCE
The Air Force Act 1955 (Part 1) Regulations 2007
Made
27th February 2007
Laid before Parliament
7th March 2007
Coming into force
1st April 2007
The Defence Council make the following Regulations in exercise of the powers conferred by sections 22 and 23 of the Air Force Act 1955( 1 ):
Citation and commencement
1. These Regulations may be cited as the Air Force Act 1955 (Part 1) Regulations 2007 and shall come into force on 1st April 2007.
Interpretation
2. —(1) In these Regulations, unless the context otherwise requires—
“the 1955 Act” means the Air Force Act 1955;
“commanding officer” means, in relation to an airman—
where the unit on whose posted strength the airman is borne is, for administrative purposes, serving under the command of the Officer Commanding an RAF Station, that officer; and
in other cases the officer commanding the unit on whose posted strength the airman is borne.
(2) Other expressions have the same meaning as in Part 1 of the 1955 Act.
Competent air force authorities
3. —(1) The officers specified appropriately in the second column of Part 1 of Schedule 1 to these Regulations shall, in pursuance of section 11(3) of the 1955 Act and in addition to the Defence Council and the Air Force Board, be competent air force authorities for the purpose of giving an order authorising the discharge of an airman of the regular air force for the reason stated in the first column of Schedule 1 opposite the officer so specified.
(2) In relation to the provisions of the 1955 Act specified in the first column of Part 2 of Schedule 1 to these Regulations and for the purposes specified in the second column of that Part, the officers specified in the third column of that Part shall, in addition to the Defence Council and the Air Force Board and subject to any limitation or restriction as specified, be the competent air force authorities.
(3) For the purpose of designating a person on his transfer to the Air Force Reserve as a person to whom paragraph 16 of Schedule 8 to the Reserve Forces Act 1980( 2 ) applies, in addition to the Defence Council and the Air Force Board, the Air Secretary shall be a competent air force authority.
(4) Every reference in this regulation and the said Schedule 1 to a specified officer shall have effect as if it included a reference to any member of the staff of that officer who has been duly authorised by him to act on his behalf. In the case of any Commander-in-Chief any such reference to him as a specified officer shall have effect as if it also included a reference to an Air Officer Commanding a Group or other Formation or, if authorised in writing by any Commander-in-Chief, to a Commanding Officer not below the rank of Group Captain.
Prescribed forms
4. —(1) The form set out in Schedule 2 to these Regulations or a form substantially to the like effect shall be the prescribed form of notice to be used for the purposes of section 2(1) of the 1955 Act.
(2) The form set out in Schedule 3 to these Regulations or a form substantially to the like effect shall be the prescribed form to be used for the purpose of section 9(6) of the 1955 Act.
Enlistment and attestation
5. The following officers, and any officers who have been duly authorised by them to act on their behalf, are authorised to enlist recruits in the regular air force within or without Her Majesty’s dominions—
(a) the Air Secretary; and
(b) the Commandant RAF College and Director of Recruitment (RAF).
6. The person to whom the attestation paper of a recruit shall be delivered in accordance with the provisions of paragraph 5 of Schedule 1 to the 1955 Act shall be the Air Secretary.
7. A recruit may be finally approved for service only by an officer who, in accordance with regulation 5, is authorised to enlist recruits in the regular air force.
8. All recruits shall be enlisted for general service.
Discharge certificates
9. The particulars to be contained in a certificate of discharge shall be those set out in Schedule 4 to these Regulations.
Restoration of forfeited services
10. —(1) Where an airman has forfeited the whole or any part of his service an order authorising the restoration of service so forfeited may be made with his consent in writing, either—
(a) by his commanding officer—
(i) if he is promoted to the rank of sergeant; or
(ii) if he has served for a continuous period of eighteen months during which he has not at any time during the said period been undergoing imprisonment, corrective training, detention of any description or field punishment nor forfeited pay under any provision of the 1955 Act nor incurred any adverse entry in his service conduct record and no part of such period includes a term of suspended sentence of imprisonment or detention; provided that service shall be regarded as continuous notwithstanding that it has been broken by such a period or periods; or
(b) by the Air Secretary, in consideration of good service or on other grounds justifying the restoration of services forfeited.
(2) The consent of an airman to the restoration of his service shall be irrevocable and shall be entered in his record of service.
(3) The service to be restored to an airman under this regulation shall be the whole period of service forfeited less the period as respects which he was convicted as being, or confessed to have been, a deserter; provided that where service has been forfeited on more than one occasion by reason of desertion, the service to be restored shall be that forfeited on the last occasion less the period as respects which he was then convicted of being, or confessed to have been, a deserter.
Revocation of Regulations
11. The following instruments are hereby revoked—
(a) the Air Force Act 1955 (Part 1) Regulations 2001( 3 ); and
(b) the Air Force Act 1955 (Part 1) Regulations 2001 (Amendment) Regulations 2003( 4 ).
On behalf of the Defence Council
Derek Twigg
Glen Torpy
Members of the Defence Council
Date 27th February 2007
Regulation 3(1)
SCHEDULE 1
PART 1
| COMPETENT AIR FORCE AUTHORITIES TO AUTHORISE DISCHARGE | ||||||
|---|---|---|---|---|---|---|
| Item No | Column 1 | Column 2 | ||||
| Competent Air Force Authority | ||||||
| Reason for Discharge | Airmen and Airwomen in Ground Trades Other Than Warrant Officer | Non-Commissioned Aircrew Other Than Master Aircrew | Warrant Officers | Master Aircrew | ||
(a) | ||||||
| 1 | On expiration of a non-pensionable engagement or at own request having given 18 months’ notice or on application for premature voluntary release before completing time for pension. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | |
| 2 | With a view to Service pension, having completed time for pension. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | |
| 3 | At own request with a view to Service pension or within 3 months of the end of engagement in order to take up civil employment. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | |
| 4 | Dismissed. | Court Martial Sentence | Court Martial Sentence | Court Martial Sentence | Court Martial Sentence | |
| 5 | For misconduct or following civil conviction. | Commander-in-Chief | Air Force Board | Air Force Board | Air Force Board | |
| 6 | Free as an indulgence | |||||
| (a) in the case of voluntary withdrawal from training by: | ||||||
| 1. officer cadets undergoing initial officer training | Commandant RAF College and Director of Recruitment (RAF) | |||||
| 2. trainee non-commissioned aircrew prior to the award of a flying badge. | Commanding Officer | |||||
| (b) in the case of an airwoman because of pregnancy. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | ||
| (c) in the case of airmen who cannot be discharged under any other heading. | The Air Secretary | The Air Secretary | Air Force Board | Air Force Board | ||
| (d) in the case of a directly entered List 1 medical trainee or a directly entered technician who is withdrawn from training or who fails on passing out and is unwilling to be remustered to, or trained for, another trade. | (i) The Commander-in-Chief Personnel and Training Command (ii) The Air Secretary | |||||
| (e) in the case of an airman who is withdrawn from, or fails, trade training and cannot be offered training in another trade because he is unsuitable for trades in which there are vacancies or there are no vacancies in trades for which he is suitable. | The Air Secretary | |||||
(f) in the case of an airman who elects to be discharged in lieu of compulsory transfer/ remustering from a sensitive trade or who applies for discharge after failing to qualify for remustering at his rank level. | The Air Secretary | Air Force Board | ||||
| (g) in the case of a person who is medically unfit for his/her present trade and has declined an offer of employment in a suitable alternative trade. | The Air Secretary | The Air Secretary | ||||
| (h) in the case of a person who, through circumstances beyond his/her control is medically unfit for the full range of duties in his/her trade or category and the individual considers that the resultant effect on his/her career prospects is unacceptable. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | ||
| (i) in the case of a person who is withdrawn from recruit training. | Commanding Officer | |||||
| 7 | Compassionate grounds. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | |
| 8 | For irregular enlistment. Free on claiming discharge under section 18 of the 1955 Act before completing 3 months’ service. | The Air Secretary | The Air Secretary | |||
| 9 | On appointment to a commission. | Commanding Officer | Commanding Officer | Commanding Officer | Commanding Officer | |
| 10 | Invalided | |||||
| (a) below current air force medical standards. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | ||
| (b) physically unfit for air force service as aircrew. | The Air Secretary | The Air Secretary | ||||
| 11 | Not likely to maintain the required air force medical standard | |||||
| (a) in the case of a person whose disabilities are discovered on medical examination within 21 days of attestation. | Commanding Officer | Commanding Officer | ||||
| (b) in the case of any person discharged within 6 months of attestation. | Commanding Officer | Commanding Officer | ||||
| 12 | In the case of a person found medically unsuitable for air force service as aircrew but not physically unfit for ground duties. | (i) The Air Secretary (ii) Commanding Officer in the case of directly entered aircrew cadets | The Air Secretary | |||
| 13 | In the case of a person found to be unsuited to a Service environment. | The Air Secretary | The Air Secretary | Air Force Board | Air Force Board | |
| 14 | Having given a false answer on attestation or having made a misstatement on enlistment. | The Air Secretary | The Air Secretary | |||
| 15 | For inefficiency. | Commander-in-Chief | Air Force Board | Air Force Board | Air Force Board | |
| 16 | Services no longer required | |||||
| (a) in the case of a person found to be unsuitable during recruit training. | Commanding Officer | Commanding Officer | ||||
| (b) in the case of a person found to be unsuitable in trade, category or rank. | Commander-in-Chief | Air Force Board | Air Force Board | Air Force Board | ||
| (c) in the case of a person who cannot be allowed to remain in the Service because he/ she is unable to meet Service obligations through circumstances beyond his/her control or because of a permanently reduced medical employment standard for whom a medical discharge would not be appropriate. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | ||
| 17 | Not likely to reach the standard required for air force service | |||||
| (a) in the case of officer cadets who fail initial officer training. | Commandant RAF College and Director of Recruitment (RAF) | |||||
| (b) in the case of non-commissioned aircrew who fail training prior to the award of a flying badge. | Commanding Officer | |||||
| 18 | In the case of aircrew found to be below the required standard for air force service other than those under item 19. | The Air Secretary | ||||
| 19 | In the case of non-commissioned aircrew who fail OCU training prior to giving productive aircrew service. | The Air Secretary | ||||
| 20 | In the case of a Warrant Officer/Master Aircrew who is reduced to the ranks and claims discharge under section 15 of the 1955 Act. | The Air Secretary | The Air Secretary | |||
| 21 | On redundancy. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | |
| 22 | In the case of a person who is surplus to requirements in a specific trade and rank. | The Air Secretary | The Air Secretary | The Air Secretary | The Air Secretary | |
| 23 | Statutory right of recruits. Under regulation 8(1) of the Royal Air Force Terms of Service Regulations 2007 (a) . | Commanding Officer | Commanding Officer | |||
Regulation 3(2)
SCHEDULE 1
PART 2
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item No | Provisions of section 9 of the 1955 Act | Purpose | Competent Air Force Authority |
(a) Section 9(1A) was inserted by section 126 of, and paragraph 5 of Schedule 7 to, the Reserve Forces Act 1996 (c.14) . It applies to airmen (principally those enlisting on or after 1st April 1997) to whom section 9(3) and (4) do not apply. | |||
(b) Section 9(3) and (4), which were repealed and replaced by section 126 of, and Schedule 7 to, the Reserve Forces Act 1996 continue to apply by virtue of those provisions to the category of airmen defined in paragraph 6 of Schedule 7, principally those who were in service immediately before 1st April 1997. | |||
| 1 | Section 9(1A) (a) | For the purpose of giving an order as to the period for which an airman to whom this subsection applies may be retained in air force service | The Air Secretary |
| 2 | Section 9(3) (b) | For the purpose of giving an order as to the period for which an airman to whom this subsection applies may be retained in air force service | The Air Secretary |
| 3 | Section 9(4) (b) | For the purpose of giving an order as to the period for which an airman to whom this subsection applies may be retained in air force service | The Air Secretary |
| 4 | Section 9(5) | For the purpose of deciding whether the services of an airman to whom this subsection applies can be dispensed with | The Air Secretary |
| 5 | Section 9(6) | For the purpose of approving the agreement of an airman to whom this subsection applies to continue in air force service while a state of war exists | The Air Secretary |
Regulation 4(2)
SCHEDULE 3
Regulation 9
SCHEDULE 4
1955 c.19 ; the power to make regulations under section 22 was vested in the Defence Council by virtue of an amendment to section 22 by S.I. 1964/488 . Section 22(2) (which provides for such regulations to be made by statutory instrument) was inserted by the Armed Forces Act 1996 (c.46) , section 4(1), and came into force on 1st May 2001.
1980 c.9 .
These Regulations were made by the Defence Council on 28th March 2001 and came into force on 1st April 2001.