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AIR FORCE (CONSTITUTION) ACT 1917

AIR FORCE (CONSTITUTION) ACT 1917 - LONG TITLE

An Act to make provision for the establishment, administration, and
discipline of an Air Force, the establishment of an Air Council,
and for purposes connected therewith.{1}
[29th November 1917]
PART I

AIR FORCE (CONSTITUTION) ACT 1917 - SECT 1

1. It shall be lawful for His Majesty to raise and maintain a
force, to be called the Air Force, consisting of such number of
officers, warrant officers, non-commissioned officers, and men as may
from time to time be provided by Parliament.

AIR FORCE (CONSTITUTION) ACT 1917 - SECT 2
Government, discipline, and pay of Air Force.

2.(1) Subject to the provisions of this Act it shall be lawful for
His Majesty, by order signified under the hand of a Secretary of
State, to make orders with respect to the government, discipline,
pay, allowances, and pensions of the Air Force, and with respect to
all other matters and things relating to the Air Force, including
any matter by this Act authorised to be prescribed or expressed to
be subject to orders or regulations.

(2) The said orders may provide for the formation of men of the
Air Force into separate units, and for the formation of such units
into corps, and for appointing, transferring, or attaching men of
the Air Force to units, and for posting, attaching, and otherwise
dealing with such men within the units, and may regulate the
appointment, rank, duties, and numbers of the officers and
non-commissioned officers of the Air Force.

(3) Subject to the provisions of any such order, the Air Council
hereinafter constituted may make general or special regulations with
respect to any matter with respect to which His Majesty may make
orders under this section:

Provided that the administration of pensions, other than service
pensions within the meaning of the Ministry of Pensions Act, 1916,
shall vest in the Minister of Pensions.

(4) All orders and general regulations made under this section shall
be laid before Parliament as soon as may be after they are made.

AIR FORCE (CONSTITUTION) ACT 1917 - SECT 3
Transfer and attaching to Air Force of members of Naval and
Military Forces.

3.(1) Any officer, warrant officer, petty officer, non-commissioned
officer, or man of any of His Majesty's naval or military forces
may, with his consent..., be transferred by the Air Council to the
Air Force, or attached by the Air Council to the Air Force for
the period of the present war or for a period not exceeding four
years:

Provided that

Para.(a) rep. by SI 1964/488

(b)no person transferred to the Air Force under the provisions of
this section shall be liable to serve with the Air Force for any
longer period than that for which he would have been liable to
serve had he continued in the force from which he was transferred.

(2) Regulations made by the Air Council may provide that in the
case of a person so transferred, the time during which he held a
commission or served in the force from which he is transferred
shall, for such purposes as may be prescribed, be aggregated with
the time during which he holds a commission or serves in the Air
Force, and that his entry into or enlistment in the force from
which he is transferred shall, for such purposes as may be
prescribed be treated as enlistment into the Air Force.

(3) Where any person is transferred to the Air Force under this
section, then for the purposes of pay, pensions, gratuity, and
retired or half-pay, and of any decoration or reward dependent on
length of service, any previous service with His Majesty's naval or
military forces which would have counted as service towards pay,
pension, gratuity, retired or half-pay, or such decoration or reward
if he had not been so transferred, shall be deemed to be service
with the Air Force towards pay, pension, gratuity, retired or
half-pay, or such decoration or reward.

(4) Where any person is attached to the Air Force under this
section, the fact that he is so attached shall not affect any
right to any pay, pension, gratuity, retired or half-pay, or such
decoration or reward as aforesaid, already earned by him in that
branch of His Majesty's naval or military forces to which he
belonged at the date on which he was so attached, and the period
during which he is so attached shall, for the purpose of any
provisions relating to pay, pensions, gratuity, retired or half-pay,
or such decoration or reward, be deemed to be service with that
branch of His Majesty's naval or military forces to which he
belonged at the date on which he was so attached.

AIR FORCE (CONSTITUTION) ACT 1917 - SECT 4
Rights of officers.

4. Officers in the Air Force shall enjoy all such powers, rights,
immunities, and privileges as are enjoyed by commissioned officers of
His Majesty's Navy or Army as such, whether conferred by statute or
otherwise, ....

RS.5 rep. by SLR 1927

S.6 rep. by 1953 c.50 s.44(1) sch.5; SLR 1953; SL(R) 1976. S.7
rep. by 1922 c.37 s.9(3) sch.; 1955 c.20 (3 & 4 Eliz.2) s.5(2)
sch.4; 1957 c.53 s.137 sch.6

Part II (ss.811) rep. by SLR 1927; 1947 c.44 s.39 sch.2; SI
1949/1836 (I. p.1261); SI 1964/488; 1964 c.15 s.1(8)

Part III (ss.12, 13) rep. by 1920 c.7 s.26 sch.5; SLR 1927; 1932
c.22 s.15(5) sch.4; 1955 c.20 (3 & 4 Eliz.2) s.5(2) sch.4; SI
1964/488

Power to alter and revoke orders.

AIR FORCE (CONSTITUTION) ACT 1917 - SECT 14

14. Orders in Council, orders, and regulations made under this Act
may be varied and revoked by subsequent Orders in Council, orders,
and regulations made in like manner.

AIR FORCE (CONSTITUTION) ACT 1917 - SECT 15
Short title.

15. This Act may be cited as the Air Force (Constitution) Act,
1917.

First Schedule rep. by SLR 1953; 1955 c.20 (3 & 4 Eliz.2) s.5(2)
sch.4; 1957 c.53 s.137 sch.6. Second Schedule rep. by 1955 c.20 (3
& 4 Eliz.2) s.5(2) sch.4