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Supplement J&O. 2 to Cïje Palestine Dft^Ette $O. 1110 of 26Tft G!Une, 1941

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Supplement J&O. 2 to Cïje Palestine Dft^Ette $O. 1110 of 26Tft G!Une, 1941 Supplement J&o. 2 to Cïje Palestine dft^ette $o. 1110 of 26tft g!une, 1941. THE ALLIED FORCE ACT, 1940 AND THE ALLIED FORCES (APPLICATION OF ACTS TO COLONIES, ETC) (No. 1) ORDER, 1941. The Allied Forces Act, 1940, and the Allied Forces (Application of Acts to Colonies, etc.) (No. 1) Order, 1941, are published for general information. A new Order in Council made on 9th May extends the provisions of the Act to the Naval, Military and Air Forces of Greece and Yugo-Slavia, but the text of this has not yet been received in Palestine. ALLIED FORCES ACT, 1940 3 & 4 Geo. 6 c. 51. CHAPTER 51. AN ACT TO MAKE PROVISION WITH RESPECT TO THE DISCIPLINE AND INTERNAL AD• MINISTRATION OF CERTAIN ALLIED ANT) ASSOCIATED FORCES, AND FOR THE APPLICATION IN RELATION TO THOSE FORCES OF THE VISITING FORCES (BRITISH COMMONWEALTH) ACT, 1933, THE NAVAL DISCIPLINE ACT, THE ARMY ACT AND THE AIR FORCE ACT. [22nd August, 1940.] BE IT ENACTED by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Par• liament assembled, and by the authority of the same, as follows :— 1.—(1) Where any naval, military or air forces of any foreign Law applicable Power allied with His Majesty are for the time being present in to allied and the United Kingdom or on board any of His Majesty's ships or associated forces, aircraft, the naval, military and air force courts and authorities of that Power may, subject to the provisions of this Act, exercise within the United Kingdom or on board any such ship or aircraft in relation to members of those forces, in matters concerning dis• cipline and internal administration, all such powers as are con• ferred upon them by the law of that Power. — 999 — 1000 THE PALESTINE GAZETTE NO. 1110—SUPPLEMENT NO. 2. 26th June, 1941 (2) Where any foreign authority is recognised by His Majesty as competent to maintain naval, military or air forces for service in association with His Majesty's forces, the said authority may by order made with the concurrence of the Admiralty or a Secretary of State, as the case may be, confer, whether by reference to the present or former national law of the authority or otherwise, upon naval, military and air force courts and authorities constituted in accordance with the order all such powers as may be necessary to secure the discipline and internal administration of any forces so maintained which are for the time being present in the United Kingdom or on board any ship or aircraft serving in association with His Majesty's forces or on board any of His Majesty's ships or aircraft. (3) His Majesty may by Order in Council provide for the ap• plication to any such naval, military and air forces as are mentioned in subsections (1) and (2) hereof, subject to such adaptations, modi• fications and exceptions as may be provided by the Order, of sub• sections (2) to (5) of section one, of sections two and three, of sub• 23 & 24 sections (1) and (3) of section five, and of section six, of the Visiting Geo. 5. e. 6. Forces (British Commonwealth) Act, 1933, as amended by or under any enactment whether passed before or after this Act : Provided that the reference in subsection (1) of the said section five (which provides for the extension of the Act to colonies) to sections one to three of the Act shall be construed, for the purposes of this section, as a reference to such of the provisions of the said sections one to three as are applied under this section and to sub• sections (1) and (2) of this section. Saving for 2.—(1) Nothing in the foregoing section shall affect the juris• jurisdiction of diction of any civil court of the United Kingdom, or of any colony civil courts. or territory to which that section is extended, to try a member of any of the naval, military or air forces mentioned in that section for any act or omission constituting an offence against the law of the United Kingdom, or of that colony or territory, as the case may be. (2) If a person sentenced by a court exercising jurisdiction by virtue of the foregoing section to punishment for 'an offence is afterwards tried by any such civil court as aforesaid in respect of any act or omission which constituted that offence, the civil court shall, in awarding punishment in respect of that act or omission, have regard to any punishment imposed on him by the said sentence. (3) A court shall not have jurisdiction by virtue of the foregoing section to try any person for any act or omission constituting an offence for which he has been acquitted or convicted by any such civil court as aforesaid. 26th June, 1941 THE PALESTINE GAZETTE NO. 1110—SUPPLEMENT NO. 2. 1001 3.—(1) For the purpose of securing effective co-operation Application of between His Majesty's forces and the forces of any such allied Naval Discipline Power or foreign authority as is mentioned in section one of this Act, Army Act and Air Act, His Majesty may by Order in Council provide for the applic• Force Act. ation of the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, to members of any of the forces of that PowTer or authority, subject to such adaptations, modifications and exceptions as may be provided by the Order, and, without prejudice to the generality of the foregoing provision, the Order may modify the procedure for the trial and punishment under the said Acts of offences committed by members of the forces of the allied Power or foreign authority and may in particular provide for enabling courts-martial trying such offences to comprise officers of those forces as well as officers of His Majesty's forces. (2) Any Order in Council made under this section may make provision for securing that— (a) no member of the forces of the allied Power or foreign authority shall be punished both under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, and by virtue of section one of this Act for the same offence; and (b) in the case of offences which may be punished either under the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be, or by virtue of the said section one, or in the case of such of those offences as may be specified in the Order, no proceedings shall be taken by virtue of the said section one without the consent of such authority as may be appointed by the Admiralty, the Army Council or the Air Council, as the case may be. 4. —(1) Any Order in Council or order made under this Act Provisions as to may be varied or revoked by a subsequent Order in Council or order Orders in Council made in like manner. and orders. (2) Evidence of any order made under subsection (2) of section one of this Act, or of any order varying or revoking such an order, may be given by the production of a copy of the order purporting to be printed by His Majesty's printer. 5. —(1) This Act may be cited as the Allied Forces Act, 1940. Short title and duration. (2) This Act shall expire on such date as may be fixed by His Majesty by Order in Council, but any such Order' may provide for the continuance of any provisions of this Act or of any Order in Council or order made under the foregoing provisions of this Act, in so far as thev relate to offences committed before the said dat« 1002 THE PALESTINE GAZETTE NO. 1110—SUPPLEMENT NO. 2. 26th June, 1941 STATUTORY RULES AND ORDERS 1941 No. 155 ALLIED FORCES THE ALLIED FORCES (APPLICATION OP ACTS TO COLONIES, &C.) (NO. 1) ORDER, 1941. At the Court at Buckingham Palace, the loth day of January, 1941. PRESENT, THE KING'S MOST EXCELLENT MAJESTY. LORD PRESIDENT. CAPTAIN CROOKSHANK. LORD SNELL. COLONEL CLIFTON BROWN. « MR. SECRETARY MORRISON. SIR WALTER WOMERSLEY. WHEREAS by the Allied Forces (Application of 23 Geo. ,5. c. 6) (No. 1) Order, 1940(*) (hereinafter called "the United Kingdom Order") made in pursuance of subsection (3) of section one of the 3 & 4 Geo. 6. Allied Forces Act, 1940, it is provided that such of the provisions 51•^ of the Visiting Forces (British Commonwealth) Act., 1933 (herein• 23 <fc 24 after called "the Act of 1933") as are contained in the Schedule Geo. 5. c. 6 to that Order shall have effect, as therein set out with adaptations and modifications, in relation to the naval, military and air forces of the following Powers allied with His Majesty, that is to say :— Belgium, the Czechoslovak Republic, the Netherlands, Norway, Poland;' which Powers are hereinafter called "Allied Powers"; AND WHEREAS by sections five and six of the Act of 1933 as ap• plied by the United Kingdom Order, His Majesty is empowered, as regards any colony or any territory under His Majesty's protec• tion, including any territory in respect of which a mandate on be• half of the League of Nations is being exercised by His Majesty's Government in the United Kingdom, to direct by further Order in Council that the provisions of subsection (1) of section one of the Allied Forces Act, 1940, together with the provisions, as applied by the United Kingdom Order, of sections one to three of the Act of 1933 or such of those provisions as may be specified in such further Order in Council, shall, subject to such adaptations and modifications as may be so specified, apply in that colony or ter• ritory in relation to the forces of Allied Powers and in relation to deserters and absentees without leave, as they apply in the United Kingdom : Now, THEREFORE, His Majesty, in exercise of the said powers, and of all other powers enabling Him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows :— (*) S.E.
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