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Cap. 220 · Malta Armed Forces Act (Cap. 220)

Cap. 220 ст. 180Application of certain parts of Act to reserve and territorial force.

PART VIII

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(1) Subject to the provisions of this article, references in Parts III to VII of this Act to the regular force shall include references to the following persons, that is to say:

(a) officers of any reserve of officers while subject to military law, and officers who have retired but are for the time being subject to military law, and

(b) officers holding commissions in the territorial force while the part of the territorial force to which they belong is embodied or while they are called out for special service or are undergoing training, and

(c) men of the reserve and of the territorial force while subject to military law, and references to officers, warrant officers, non-commissioned officers or soldiers, or to men, or to members or a body, of the regular force or to illegal absence from that force shall be construed accordingly.

(2) Article 16(1) and (5) shall apply to men of the reserve and of the territorial force as they apply to men of the regular force.

(3) The power conferred by article 50(3) and article 87(3) to direct the forfeiture of an offender’s previous service shall not be exercisable in relation to men of the reserve or of the territorial force.

(4) Article 50(2)(b), articles 149 to 151, and except in so far as they may be applied by regulations made under this Act, the provisions of Parts III and IV of this Act relating to the award of stoppages and the provisions of articles 143 to 148, shall not apply -

(a) to officers of any reserve of officers who are not in actual service;

(b) to men of the army reserve except when called out on permanent service;

(c) to officers and men of the territorial force except when the part of the territorial force to which they belong is embodied or they are called out for special service.

(5) In the last foregoing sub-article the expression "actual service", in relation to an officer of a reserve of officers, means that he is serving (otherwise than when he is undergoing training) with a body of the regular force, or of the army reserve when called out on permanent service, or with members of the territorial forces in pursuance of any regulations made under article 4.

(6) In the case of a non-commissioned officer or soldier of the territorial force found guilty of an offence by a court-martial or his commanding officer, Parts III and IV of this Act shall apply as if in the scale set out in article 77(2) immediately before paragraph (g) thereof there were inserted the following paragraph:

"(ff) dismissal from the territorial force", and as if the punishments specified in article 84(3) included dismissal from the territorial force: Provided that if the commanding officer awards such dismissal he shall not award any other punishment.

Supplemental Provisions