Cap. 220 Art. 183Provisions as to active service.

(1) In this Act the expression "on active service" in relation to the force or part of the force means that it is engaged in operations against an enemy or is engaged elsewhere than in Malta in operations for the protection of life or property or (subject to the provisions of this article) is in military occupation of a foreign country or territory, and in relation to a person means that he is serving in or with the force or part of the force which is on active service.

(2) Where any part of the force is serving outside Malta and it appears to the Commander that, by reason of the imminence of active service or of the recent existence of active service, it is necessary for the public service that the said part of the force should be deemed to be on active service, he may declare that for such period, not exceeding three months, beginning with the coming into force of the declaration as may be specified therein, that part of the force shall be deemed to be on active service.

(3) Where it appears to the Commander that it is necessary for the public service that the period specified in a declaration under the last foregoing sub-article should be prolonged or, if previously prolonged under this sub-article, should be further prolonged, he may declare that the said period shall be prolonged by such time, not exceeding three months, as may be specified in the declaration under this sub-article.

(4) If at any time while any part of the force -

(a) is on active service by reason only of being in military occupation of a foreign country or territory; or

(b) is deemed to be on active service by virtue of the foregoing provisions of this article, it appears to the Commander that there is no necessity for the said part of the force to continue to be treated as being on active service, he may declare that as from the coming into operation of the declaration the force shall cease to be, or be deemed to be, on active service.

(5) Before any declaration is made under this article, the Commander shall obtain the consent of the Minister to the declaration.

(6) A declaration under this article shall have effect not only as respects the members of the force to which it relates but also as respects other persons the application to whom of any provisions of this Act depends on whether that force is on active service.

(7) Any declaration or direction under this article shall come into operation on being published in general orders.