Cap. 220 Art. 2Interpretation.

(1) In this Act, unless the context otherwise requires or it is otherwise expressly provided -

"acting rank" means rank of any description (however called) such that under such provisions as may be prescribed a commanding officer has the power to order the holder to revert from that rank, and "acting warrant officer" and "acting non-commissioned officer" shall be construed accordingly; "active service" shall be construed in accordance with article 183; "aircraft" means any machine for flying, whether propelled by mechanical means or not, and includes any description of balloon; "aircraft material" includes -

(a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, aircraft;

(c) any other gear, apparatus or instruments in, or for use in, aircraft;

(d) any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft; and

(e) any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material; "air signal" means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft; "appropriate superior authority" has the same meaning assigned to it by article 83(1) and article 88(2); "arrest" includes open arrest; "before the enemy", in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;

"civil court" means a court of ordinary criminal jurisdiction in Malta;

"civil offence" means an act or omission punishable by the law of Malta or which, if committed in Malta, would be punishable by that law; "commanding officer" means the officer commanding the unit to which the man belongs or is attached, but in relation to a person charged with an offence it has the meaning assigned to it by article 88;

"Commonwealth country" means a country to which article 28 of the Constitution of Malta applies;

"corps" means any such body of the force as may from time to time be declared by order of the President of Malta to be a corps for the purposes of this Act; "court-martial" means court-martial under this Act;

"damage" includes destruction, and references to damaging shall be construed accordingly;

"desertion" shall be construed in accordance with article 50(2); "enemy" includes all persons engaged in armed operations against any Maltese armed force and any force cooperating therewith and also includes all armed mutineers, armed rebels, armed rioters and pirates; "field officer" means an officer not being a general officer, of every rank above the rank of captain; "the force" means the regular and the territorial force and includes the reserve force; "the Gazette" means the Malta Government Gazette;

"Government" means the Government of Malta; "House" means the House of Representatives of Malta; "Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta; "man" in relation to the force includes a warrant officer, a non-commissioned officer and a soldier; "Minister" means the Minister responsible for defence and includes any person or authority authorised by the said Minister in that behalf or as may be prescribed; "oath" includes an affirmation, and references to swearing shall be construed accordingly; "persons subject to military law" shall be construed in accordance with article 178; "prescribed" except in Parts III and IV of this Act, means prescribed or provision in respect thereof made by or under regulations or orders under article 4;

"provost officer" means a provost marshal or officer appointed to exercise the functions conferred by or under this Act on provost officers; "public property" means any property belonging to any department of the Government or held for the purposes of any such department; "recruiting officer" has the meaning assigned to it by article 5; "the regular force" means any armed force raised under this Act other than the reserve force and the territorial force; "the reserve force" means the bodies mentioned in article 31(2), and "reserve" shall be construed accordingly; "Rules of Procedure" means the Rules of Procedure made under article 107; "service" means service in the force and, when used adjectivally in the English text and the words "tas-servizz" in the Maltese text, mean belonging to or connected with the force or any part thereof; "ship" includes any description of vessel; "steals" has the same meaning as guilty of theft has for the purposes of the Criminal Code; "stoppages" means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;

"summary conviction" means conviction by the competent civil court; "the territorial force" means the territorial armed force raised, or deemed to be raised, under this Act other than the reserve of that force.

(2) In Part II of this Act -"competent military authority" means the Commander or any prescribed officer; "date of attestation" in relation to any person means the date on which he signs the declaration mentioned in article 17(1) and takes such an oath as may be prescribed;

"appropriate minimum age" has the meaning assigned to it by article 6.

(3) In Parts III and IV of this Act -"civil prison" means a prison in Malta in which a person sentenced by a civil court to imprisonment can for the time being be confined;

"convening officer" in relation to a court-martial means the officer convening that court-martial and includes his successor or any person for the time being exercising his or his successor’s functions; "military establishment" means a military prison or any other establishment under the control of the Minister where persons may be required to serve military sentences of imprisonment or detention; references to a military sentence of imprisonment are references to a sentence of imprisonment passed by a court-martial; references to a military sentence of detention are references to a sentence of detention passed by a court-martial or awarded by the offender’s commanding officer;

"prescribed" means prescribed or provision in respect thereof made by or under the Rules of Procedure or under regulations made under article 141.

(4) References in Parts III and IV of this Act to warrant officers do not include references to acting warrant officers, but references in the said Parts of this Act to non-commissioned officers include references to acting non-commissioned officers and also to acting warrant officers.

(5) Any power conferred by this Act to make provision by regulations, rules, orders or other instrument shall include power to make that provision for specified cases or classes of cases, and to make different provision for different classes of cases, and for the purpose of any such instrument classes of cases may be defined by reference to any circumstances specified in the instrument.

(6) Any power conferred by this Act to make regulations, rules or orders or to issue notices shall include power, exercisable in like manner and subject to the like provision, to vary or revoke any such regulation, rule, order or notice, without prejudice to the making of a new regulation, rule or order or the issuing of a new notice.