5 GEO. 5, CAP. 30. Naval Discipline Act, 1915. Discipline on hired ships in time of war. Revival of parts of Naval Printing and of Naval Discipline Act. 66 purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, he shall, in relation to such body of His Majesty's naval force as aforesaid, be treated, and may exercise all such powers (other than powers of punishment), as if he were a naval officer or petty officer, as the case may be. 66 (2) Where any naval officer or seaman is a member of a body of His Majesty's naval forces acting with, or is attached to, any body of His Majesty's military forces under such conditions as may be so prescribed as aforesaid, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, the officers and non-commissioned officers, not below the rank of sergeant, of such military body shall, in relation to him, be treated, and may exercise all such powers (other than powers of punishment), as if they were naval officers and petty officers. "(3) The relative rank of naval and military officers, petty officers, and non-commissioned officers shall, for the purposes of this section, be such as is provided by the King's Regulations and Admiralty Instructions for the time being in force." 14. At the end of paragraph (5) of section ninety of the Naval Discipline Act, which relates to discipline upon hired ships in His Majesty's service in time of war, there shall be inserted the words Provided that in the absence of the officer commanding such hired vessel, the officer commanding the ship or vessel or station in which such person may for the time being be held in custody shall have such power as aforesaid." 15. So much of the schedule to the Statute Law Revision Act, 1893, as relates to the preamble to, and part of section eighty-six of, the Naval Discipline Act shall cease to have and shall be deemed never to have had effect. 16.—(1) Every enactment and word which is directed by this Act to construction be substituted for or added to any portion of the Naval Discipline Act shall form part of that Act in the place assigned to it by this Act, and the Naval Discipline Act, and all Acts which refer thereto, shall after the commencement of this Act be construed as if that enactment or word had been originally enacted in the Naval Discipline Act in the place so assigned, and, where it is substituted for another enactment or word, had been so enacted in lieu of that enactment or word, and as if the Naval Discipline Act had been enacted with the omission of any enactment or word which is directed by this Act to be omitted from that Act, and the expression "this Act" in the Naval Discipline Act shall be construed accordingly. Short title. (2) A copy of the Naval Discipline Act with every such enactment and word inserted in the place so assigned and with the omission of any portion of that Act directed by this Act to be omitted from that Act, and with the substitution of references to His Majesty for references to Her Majesty shall be prepared and certified by the Clerk of the Parliaments and deposited with the rolls of Parliament, and His Majesty's printers shall print in accordance with the copy so certified all copies of the Naval Discipline Act which are printed after the commencement of this Act. 17. This Act may be cited as the Naval Discipline Act, 1915. DEFENCE OF THE REALM (AMENDMENT) ACT, 1915. 5 GEO. 5, CAP. 34. An Act to amend the Defence of the Realm Consolidation Act, 1914. -[16th March, 1915.] 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 Parliament assembled, and by the authority of the same, as follows: : 1.-(1) Any offence against any regulations made under the Defence of Right of the Realm Consolidation Act 1914, which is triable by court martial may, British subinstead of being tried by a court martial, be tried by a civil court with a with offence ject charged jury, and when so tried the offence shall be deemed to be a felony punish- to be tried by able with the like punishment as might have been inflicted if the offence civil court. had been tried by court martial. (2) Where a person, being a British subject but not being a person subject to the Naval Discipline Act or to military law, is alleged to be guilty of an offence against any regulations made under the Defence of the Realm Consolidation Act, 1914, he shall be entitled, within six clear days from the time when the general nature of the charge is communicated to him, to claim to be tried by a civil court with a jury instead of being tried by court martial, and where such a claim is made in manner provided by regulations under the last-mentioned Act the offence shall not be tried by court martial: Provided that this subsection shall not apply where the offence is tried before a court of summary jurisdiction: Provided also that before the trial of any person to whom this section applies, and as soon as practicable after arrest, the general nature of the charge shall be communicated to him in writing and notice in writing shall at the same time be given, in a form provided by regulations under the said Act, of his rights under this section. (3) In addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings, if, in the course of the trial of a person for a felony under this section, application is made by the prosecution, in the interests of national safety, that all or any portion of the public should be excluded during any part of the hearing, the court may make an order to that effect, but the passing of sentence shall in any case take place in public. (4) The Vexatious Indictments Act, 1859, as amended by any subsequent enactment shall apply to a felony under this section as if it were included among the offences mentioned in section one of that Act, but a felony under this section shall not be triable by a court of quarter sessions. (5) For the purpose of the trial of a person for a felony under this section the offence shall be deemed to have been committed either at the place in which the same actually was committed or in any place in the United Kingdom in which the offender may be found or to which he may be brought for the purpose of speedy trial. (6) An indictment under this section shall not be deemed void or defective by reason that the facts or matters alleged in the indictment for the felony amount in law to treason; and if the facts or matters proved at the trial of any person indicted for any felony under this section 5 GEO. 5, CAP. 34. Defence of the Witnesses. Short title. amount in law to treason, the person shall not by reason thereof be entitled to be acquitted of such felony; but no person tried for such felony shall be afterwards prosecuted for treason upon the same facts. (7) In the event of invasion or other special military emergency arising out of the present war, His Majesty may by Proclamation forthwith suspend the operation of this section, either generally or as respects any area specified in the Proclamation, without prejudice, however, to any proceedings under this section which may be then pending in any civil court. (8) The expression "British subject " in this section includes a woman who has married an alien but who before the marriage was a British subject. (9) In the application of this section to Scotland "a civil court with a jury" means the High Court of Justiciary, and subsection (4) shall not apply. (10) This section shall apply in case of offences committed and persons arrested before as well as after the passing of this Act. 2.-In Ireland a person charged with an offence against any regulations made under the Defence of the Realm Consolidation Act, 1914, before a court martial shall not, nor shall the wife or husband, as the case may be, of a person so charged, be a competent witness, whether the person so charged is charged severally or jointly with any other person. 3. This Act may be cited as the Defence of the Realm (Amendment) Act, 1915. Powers for expediting war material. DEFENCE OF THE REALM (AMENDMENT), No. 2, ACT, 1915. 5 GEO. 5, CAP. 37. An Act to amend the Defence of the Realm Consolidation Act, 1914. -[16th March, 1915.] 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 Parliament assembled, and by the authority of the same, as follows: 1.-(1) Subsection (3) of section one of the Defence of the Realm Consolidation Act, 1914 (which gives power to take possession and use production of for the purpose of His Majesty's naval and military services certain factories or workshops or the plant thereof), shall apply to any factory or workshop of whatever sort, or the plant thereof; and that subsection shall be read as if the following paragraphs were added after paragraph (b) :— (c) to require any work in any factory or workshop to be done in accordance with the directions of the Admiralty or Army Council, given with the object of making the factory or workshop, or the plant or labour therein, as useful as possible for the production of war material; and (d) to regulate or restrict the carrying on of work in any factory or workshop, or remove the plant therefrom, with a view to increasing the production of war material in other factories or workshops; and "(e) to take possession of any unoccupied premises for the purpose of housing workmen employed in the production, storage, or transport of war material." 5 GEO. 5 CAP. 37. Defence of the Realm 1915. (2) It is hereby declared that where the fulfilment by any person of any contract is interfered with by the necessity on the part of himself or (Amendment), any other person of complying with any requirement, regulation, or No. 2, Act, restriction of the Admiralty or the Army Council under the Defence of the Realm Consolidation Act, 1914, or this Act, or any regulations made thereunder, that necessity is a good defence to any action or proceedings taken against that person in respect of the non-fulfilment of the contract so far as it is due to that interference. (3) In this section the expression "war material" includes arms, ammunition, warlike stores and equipment, and everything required for or in connection with the production thereof. 2. This Act may be cited as the Defence of the Realm (Amendment), Short title. No. 2, Act, 1915. FUGITIVE OFFENDERS (PROTECTED STATES) ACT, 1915. An Act to enable the Fugitive Offenders Act, 1881, to be extended to Be it enacted by the King's most Excellent Majesty, by and with the Vict. c. 69 to 1.-It shall be lawful for His Majesty by Order in Council to direct Application that the Fugitive Offenders Act, 1881, shall apply as if, subject to the of 44 & 45 conditions, exceptions, and qualifications (if any) contained in the Order, protected any place or group of places over which His Majesty extends his protec- states. tion, and which is named in the Order, were a British possession, and to provide for the carrying into effect of such application. and construc tion. 2. This Act may be cited as the Fugitive Offenders (Protected States) Short title Act, 1915, and shall be construed as one with the Fugitive Offenders Act, 1881, and that Act and this Act shall be cited together as the Fugitive Offenders Acts, 1881 and 1915. DEFENCE OF THE REALM (AMENDMENT) (No. 3) ACT, 1915. 5 & 6 GEO. 5, cap. 42. An Act to extend the Defence of the Realm Consolidation Act, 1914.[19th May, 1915.] 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 Parliament assembled, and by the authority of the same, as follows: 1.-(1) Where it appears to His Majesty that it is expedient for the State control purpose of the successful prosecution of the present war that the sale and of liquor trade in CAP. 42. Defence of the Realm 5 & 6 GEO. 5, supply of intoxicating liquor in any area should be controlled by the State, on the ground that war material is being made or loaded or unloaded or dealt with in transit in the area or that men belonging to His Majesty's naval or military forces are assembled in the area, His Majesty has power, (Amendment) by Order in Council, to define the area and to apply to the area the regu(No. 3) Act, lations issued in pursuance of this Act under the Defence of the Realm Consolidation Act, 1914, and the regulations so applied shall, subject to any provisions of the Order or any amending Order, take effect in that area during the continuance of the present war and such period not exceeding twelve months thereafter as may be declared by Order in Council to be necessary in view of conditions connected with the termination of the present war. 1915. certain areas -5 Geo. 5, c. 8. Short title. (2) His Majesty in Council has power to issue regulations under the Defence of the Realm Consolidation Act, 1914, to take effect in any area to which they are applied under this Act— (a) for giving the prescribed Government authority, to the exclusion of any other person, the power of selling or supplying, or controlling the sale or supply of intoxicating liquor in the area, subject to any exceptions contained in the regulations; and (b) for giving the prescribed Government authority power to acquire, compulsorily or by agreement, and either for the period during which the regulations take effect, or permanently, any licensed or other premises or business in the area, or any interest therein, so far as it appears necessary or expedient to do so for the purpose of giving proper effect to the control of the liquor supply in the area; and (c) for enabling the prescribed Government authority without any (d) for making any modification or adjustment of the relations between (3) Any regulations made before the passing of the Act under the powers conferred by any Act dealing with the Defence of the Realm as respects the restriction of the sale of intoxicating liquor are hereby declared to have been duly made in accordance with those powers. 2. This Act may be cited as the Defence of the Realm (Amendment) (No. 3) Act, 1915. |