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Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00069
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: February 20, 1959
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00069
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 1
        Page 2
    Legal supplement
        B-272
    Legal Supplement: pt. 2 Statutory Instruments (No. 1 of 1959): The Defence (Certificates of Arrest and Surrender of Deserters and Absentees) Regulations, 1959
        B-273
        B-274
        B-275
        B-276
    Legal Supplement: pt. 2 Statutory Instruments (No. 2 of 1959): The Defence (Summary Jurisdiction) Rules, 1959
        B-277
        B-278
        B-279
    Legal Supplement: pt. 2 Statutory Instruments (No. 3 of 1959): The Defence (Field Punishment) Rules, 1959
        B-280
        B-281
    Legal Supplement: pt. 2 Statutory Instruments (No. 4 of 1959): The Defence (Custody of persons found Insane) Rules, 1959
        B-282
    Legal Supplement: pt. 2 Statutory Instruments (No. 5 of 1959): The Defence (Miscellaneous) Regulations, 1959
        B-283
        B-284
        B-285
        B-286
        B-287
        B-288
    Legal Supplement: pt. 2 Statutory Instruments (No. 6 of 1959): The Defence (Board of inquiry) Rules, 1959
        B-289
        B-290
        B-291
        B-292
        B-293
        B-294
    Legal Supplement: pt. 2 Statutory Instruments (No. 7 of 1959): The Defence (Deductions and Forfeitures) Regulations, 1959
        B-295
        B-296
        B-297
        B-298
        B-299
        B-300
Full Text














The West Indies Gazette


VOL. 2 FRIDAY, 20TH FEBRUARY, 1959 No. A


TABLE OF CONTENTS
GAZETTE NOTICES
No. SUBJECT MATTER PAGE NO. SUBJECT MATTER PAGE

23 The West India Regiment ... ... ... 15 25 Appointment of Commissions Board-West India
Regiment ... ... ... ... 15
24 The West India Regiment ... ... ... 15

LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS
No. PAGE No. PAGE
1 of 1959 The Defence (Certificates of Arrest 4 of 1959 The Defence (Custody of Persons
and Surrender of Deserters and found Insane) Rules, 1959 ... 282
Absentees) Regulations, 1959 ... 273 5 of 1959 The Defence (Miscellaneous)
Regulations, 1959 ... ... 283
2 of 1959 The Defence (Summary Jurisdic- 6 of 1959 The Defence (Board of Inquiry)
tion) Rules, 1959 ... ... 277 Rules, 1959 .. ... ... 289
3 of 1959 The Defence (Field Punishment) 7 of 1959 The Defence (Deductions and For-
Rules, 1959 ... ... ... 280 features) Regulations, 1959 ... 295

23
THE WEST INDIA REGIMENT
IT is hereby notified that the period of secondment to the West India Regiment of the following officers term-
inated on the dates set out against their names.
Second Lieutenant Charles Keith Hugh Cuff (453601) The Royal Fusiliers-lst January, 1959.
Second Lieutenant Thomas Michael Griffiths (454552) The King's Shropshire Light Infantry--5th
January, 1959.

24
THE WEST INDIA REGIMENT
PURSUANT to section 182 (2) of the Defence Act, 1958, the Governor-General has been pleased to approve
the secondment to the West India Regiment of the undermentioned officers of Her Majesty's forces with effect
from the dates set out against their names :-
Second Lieutenant DAVID EDWARD MORELAND HOPKINS (458624) The Royal Berkshire Regiment-
Ist January, 1959.
Second Lieutenant DAVID GEORGE CONNIFF (458301) 3rd East Anglian Regiment (16th/44th Foot)
-21st January, 1959.
Second Lieutenant ROBERT BAXTER DAKIN (456086) The Somerset Light Infantry-21st January,
1959.

25
APPOINTMENT OF COMMISSIONS BOARD-WEST INDIA REGIMENT
IT is hereby notified that pursuant to the provisions of section 7 of the Defence Act, 1958, His Excellency the
Governor-General has been pleased to appoint the COMMANDING OFFICER, 1st Battalion, the West India
Regiment, to be a member of the Commissions Board in place of the Commanding Officer, the Jamaica
Regiment.
S. 33/023 :
GOVERNMENT PRINTING OFFICE, TRINIDAD, W.I.-1959






























THE WEST INDIES GAZETTE


Vol. 2 FRIDAY, 20th FEBRUARY, 1959. No. 8


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS

No.


1 of 1959


1959

1959

1959


1959

1959

1959


The Defence (Certificates of Arrest and Surrender of
Deserters and Absentees) Regulations, 1959

The Defence (Summary Jurisdiction) Rules, 1959

The Defence (Field Punishment) Rules, 1959

The Defence (Custody of Persons Found Insane)
Rules, 1959

The Defence (Miscellaneous) Regulations, 1959

The Defence (Board of Inquiry) Rules, 1959

The Defence (Deductions and Forfeitures)
Regulations, 1959


Page

273

277

280


282

283

289









The Defence (Certificates of Arrest and Surrender of
273 Deserters and Absentees) Regulations, 1959.


THE WEST INDIES


STATUTORY INSTRUMENT No. 1 of 1959.


THE DEFENCE (CERTIFICATES OF ARREST AND SURRENDER
OF DESERTERS AND ABSENTEES) REGULATIONS, 1959.

Made by the Governor-General under sections 194 and 221 of the
Defence Act, 1958.


ARRANGEMENT OF REGULATIONS

1. Citation and commencement.
2. Form of certificate of arrest or surrender.
3. Form of certificate of surrender.
4. Form of certificate of arrest or surrender when taken into service
custody.



His Excellency the Governor-General, in exercise of the
powers conferred unon him by sections 194 and 221 of the Defence Act,
1958 and of all other powers him thereunto enabling in that behalf
hereby makes the following regulations.

Citation 1. These Regulations may be cited as the Defence (Certificates
and com- of Arrest and Surrender of Deserters and Absentees) Regulations, 1959
encementand shall come into operation on the first day of February, 1959.

Form of 2. Where in pursuance of section 192 of the Defence Act 1958
certificate a court of summary jurisdiction has dealt with a person as illegally
or absent the certificate which is required by subsection (1) of section
surrender. 194 of that Act to be handed over when that person is delivered into
military custody shall be in the form specified in Part I of the Schedule
to these Regulations and shall contain the particulars therein set out
as to that person's arrest and surrender and of the proceedings before
the court.

Form of 3. Where, under section 193 of the Defence Act, 1958 a person
certificate is delivered into military custody without being brought before a court
of of summary jurisdiction the certificate which is required by subsection
surrender. (2) of section 194 of that Act to be handed over shall be in the form
specified in Part II of the Schedule to these Regulations and shall
contain the particulars therein set out relating to that person's
surrender.








The Defence (Certificates of Arrest and Surrender of
Deserters and Absentees) Regulations, 1959. 274

4. Where a person has been taken into military, naval or air Form of
force custody on arrest or surrender, the certificate which is required certificate
by paragraph (b) of subsection (3) of section 194 of the Defence Act, arrest
1958 shall be in the form specified in Part III of the Schedule to thesesurrender
Regulations and shall contain the particulars therein set out relating when taken
to that person's surrender or arrest, into service
custody.

Made this 29th day of January, 1959.


By Command,

M. S. STAVELEY,

Secretary to the Governor-General.







The Defence (Certificates of Arrest and Surrender of
275 Deserters and Absentees) Regulations, 1959.

SCHEDULE

PART I

CERTIFICATE IN ACCORDANCE WITH SECTION 194 (1) OF
THE DEFENCE ACT, 1958.

I certify that ...................... (full names), whose
service particulars are given below, appeared before a court of summary
jurisdiction at ............ on the ...................... day of ....
.................. 19...., in accordance with section 192 of the
Defence Act, 1958, having (a) .................... at ...........
(place) at ................ (hour) on the .................. day of
........... 19...., and was committed to civil custody/delivered
into military custody (b) in accordance with the said section. The
above facts were proved to the satisfaction of the court by the evidence
-of ......................... (names of witnesses). Opportunity was
given to cross-examine the witnesses. (................. (name of
prisoner) admitted that he illegally absented himself from ..........
(unit) at ................ (place) on ................ (date) (c).

Service particulars of the officer, (No. ........................
warrant officer, non-commissioned (Rank.......................
officer or soldier referred to (N
above. I (Nam e ..........................
I (U nit ............................
D ated this .................. day of ...................... 19....
Signature of magistrate ................................. .......

(a) Enter here "surrendered to .............." or "been arrested by
............. .... as the case requires.
(b) Delete as necessary.
(c) Delete if inappropriate.

PART II
CERTIFICATE IN ACCORDANCE WITH SECTION 194 (2) OF THE
DEFENCE ACT 1958.
I certify that .................... (full names) surrendered
himself at .................. (place) at ............ (hour), on the
- ....... .. day of ................. 19 .... as being illegally absent








The Defence (Certificates of Arrest and Surrender of
Deserters and Absentees) Regulations, 1959. 276


from .......... (unit) at .............. (place) on .. .............
(date) and gave the following particulars:-

N o .. .....................

R ank ......................

N am e ......................

U nit ........................

D ated this .................... day of ...................... 19....

Signature of officer of police in charge of)
police station where the above-named person )
surrendered or was taken on surrender. ) .. ..............

PART III

CERTIFICATE UNDER SECTION 194 (3) (b) OF THE DEFENCE
ACT 1958.

I ............................... (rank, name and unit)

certify that ................ (number, rank, name and unit) [was

arrested] [surrendered himself] 1 at .................. (place) at

................ o'clock on the ...................... 19 ....

D ated this ................ day of ...................... 19....

Signature............................

[ Provost Officer ] 1
[ Officer of a force raised under the law of a country in the Common-
wealth, corresponding to a provost officer] 1

[Officer in charge of [ guard room] 1 [ ............2] 1 at........
where the person [arrested] 1 [surrendering] 1 was confined on being
taken into custody]. 1

1. Delete words not appropriate.
2. If the absentee was confined in a place other than a
guard room, the place in which he was confined should
be inserted.









The Defence (Summary Jurisdiction) Rules, 1959.


THE WEST INDIES


STATUTORY INSTRUMENT No. 2 of 1959.


THE DEFENCE (SUMMARY JURISDICTION) RULES, 1959.


Made by the Governor-General under section 134 of
1958.


Rul
1.
2.
3.

4.
5.
6.
7.
8.


the Defence Act,


ARRANGEMENT OF RULES
e
Citation and commencement.
Interpretation.
Commanding officers when more than one unit is placed under the
command o: an officer.
Offences with which a commanding officer cannot deal summarily.
Limitations of powers of commanding officer.
Delegation of his powers by a commanding officer.
Powers of subordinate commanders.
Offences with which an appropriate superior authority cannot deal
summarily.


His Excellency the Governor-General in exercise of the powers
conferred upon him by section 134 of the Defence Act, 1958, and of all
other powers him thereunto enabling, hereby makes the following rules:-

Citation 1. These Rules may be cited as the Defence (Summary
and com- Jurisdiction) Rules, 1959, and shall come into force on the first day of
mencement. February, 1959.

Interpreta- 2. In these Rules, unless the context otherwise requires-
tion.
"the Act" means the Defence Act, 1958;
"detachment" means a part of a unit which is so separated
from the unit to which it belongs that the commanding
officer of that unit cannot effectively exercise his
disciplinary powers as commanding officer over it;
"subordinate commander" means the officer commanding a
squadron, battery, company or equivalent sub-unit.
Command- 3. A unit or detachment may be placed for disciplinary
officers purposes under the command of the commanding officer of another unit
than one or detachment in which event that officer is for such purposes the
unit is commanding officer of members of the unit or detachment so placed
placed under his command and the officer commanding the latter unit or
underthe detachment is a subordinate commander for the purpose of these Rules.
command
of an
officer.









The Defence (Summary Jurisdiction) Rules, 1959.


4. (1) A commanding officer may not deal summarily with a charge Offences
under section 70 of the Act where the civil offence is murder, man- thwheh
slaughter, treason, treason-felony or rape, nor may he deal summarily ing officer
with charges under sections 26, 27, 28, 29, 30, 33, 34, 48, 49, 66 or 68 cannot deal
(where the principal offence cannot be dealt with summarily by virtue summarily.
of this paragraph) of the Act.

(2) A commanding officer may not without permission of higher
authority deal summarily with a charge under sections 32, 39, 45, 46, 50,
51, 52, 53, 58, 59, 63, 65, 68, (where the principal offence cannot be
dealt with summarily by virtue of this paragraph) or 70 of the Act.

5. (1) A commanding officer if below field rank shall not, withoutLimitations
permission of higher authority award to a soldier detention for a period of powers of
commanding
exceeding 7 days or a fine of a sum exceeding the equivalent of 7 days officer.
pay.

(2) A commanding officer shall not without the permission of
higher authority award the punishment of stoppages exceeding $50.

(3) Subject to the provisions of this rule, the officer commanding
a detachment of field rank shall have the same powers of punishment
as a commanding officer.

(4) In addition to the restrictions imposed by paragraphs (1)
and (2) of this rule, an officer commanding a detachment who is below
field rank may be further restricted either by the officer commanding
the unit to which the detachment belongs or by higher authority:

Provided that where the officer commanding a detachment has
had his powers restricted under this paragraph he may notwithstanding
the restriction, but subject to paragraphs (1) and (2) of this rule,
exercise his full powers as a commanding officer if it becomes necessary
for him to do so for the maintenance of discipline but, if he does so,
he shall report the fact to the officer or higher authority who restricted
his powers under this paragraph.

6. Subject to rule 7, a commanding officer may delegate to aDelegation
subordinate commander, whatever his rank may be, who is under his f his
powers by a
command and directly responsible to him for disciplinary matters, the commanding
powers to investigate and deal summarily with charges with which he officer.
himself may deal and, where such power has been delegated, the sub-
ordinate commander shall be, for the purpose of the Act, the commanding
officer of a person subject to military law under the Act:

Provided that such delegation shall not include the power:-

(a) to remand the accused for trial by court-martial; and

(b) to order the taking of a summary of evidence or the
making of an abstract of evidence.









279 The Defence (Summary Jurisdiction) Rules, 1959.

Powers of 7. The punishments which may be imposed by a subordinate
coordinate commander to whom power to investigate and deal summarily with
manders. charges has been delegated under rule 6 are:-

(a) in the case of a non-commissioned officer below the rank
of sergeant-

(i) reprimand

(ii) admonition

(b) in the case of a soldier-

(i) confinement to barracks for 7 days

(ii) extra guards or piquets not exceeding 3 in number

(iii) admonition.

Offences 8. (1) An appropriate superior authority may not deal summarily
with which
an appro- with a charge under section 70 of theAct where the civil offence is
private murder, manslaughter, treason, treason-felony or rape, nor may he deal
superior summarily with a charge under sections 26, 27, 28 29, 30, 33, 34, 47, 48,
authority 64, 66 or 68 (where the principal offence cannot be dealt with summarily
cannot deal
summarily. by virtue of this paragraph) of the Act.
(2) An appropriate superior authority may not without permis-
sion of higher authority deal summarily with a charge under sections
32, 39, 45, 46, 50, 51, 52, 53, 58, 59, 63, 65, 68 (where the principal offence
cannot be dealt with summarily by virtue of this paragraph) or 70 of
the Act.

Made this 29th day of January, 1959.

By Command,

M. S. STAVELEY,


Secretary to the Govertnor-General.









The Defence (Field Punishment) Rules, 1959.


THE WEST INDIES


STATUTORY INSTRUMENT No. 3 of 1959.


THE DEFENCE (FIELD PUNISHMENT) RULES, 1959.

Made by the Governor-General under section 134 of the Defence Act,
1958.


ARRANGEMENT OF RULES
Rule
1. Citation and commencement.
2. Interpretation.
3. Places where field punishment may be carried out.
4. Nature of field punishment.
5. Personal restraint.



His Excellency the Governor-General in exercise of the powers
conferred upon him by section 134 of the Defence Act, 1958 and all other
powers him thereunto enabling, hereby makes the following Rules:-

1. These Rules may be cited as the Defence (Field Punishment) Citation
Rules, 1959 and shall come into force on the first day of February, 1959. and com-
mencement.

2. In these Rules, unless the context otherwise requires:- Interpreta-
tion.
"the Act" means the Defence Act, 1958;
"offender" means a person subject to military law under
the Act who has been awarded field punishment by
sentence of a court-martial or by a commanding officer
under the Act;
"personal restraint" means restraint by handcuffs.

3. An offender shall undergo field punishment with the unit toPlaces
which he belongs or to which he is for the time being attached: where field
punishment
Provided that where the commander of a body of troops (notmay be
being below the rank of colonel or corresponding rank) has appointed ancarried out.
officer to supervise the carrying out of field punishment, the offender
may be required to undergo the whole or any part of his punishment
elsewhere under the supervision of that officer.

4. The punishments which an offender shall be liable to undergo Nature of
are as follows:- field
punishment.









281 The Defence (Field Punishment) Rules, 1959.

(a) such drills or duties, in addition to those which he might
be required to perform if he were not undergoing
punishment,
(b) such loss of privileges, and
(c) confinement in such place and such manner
as may be directed by the commanding officer, or the officer
appointed to supervise the carrying out of field punishment,
as the case may be, but so that the offender shall not be
subjected to any treatment to which he could not be subjected
if he was undergoing a military sentence of detention.

Personal 5. (1) An offender may not be placed under personal restraint
restraint, except to prevent his escape or to protect himself or others from injury.

(2) An offender shall not be placed under personal restraint
continuously for a longer period than twenty-four hours and handcuffs
shall not be placed with the hands of the offender behind his back unless
it is necessary by reason of his violence.

Made this 29th day of January, 1959.


By Command,

M. S. STAVELEY,


Secretary to the Governor-General








The Defence (Custody of Persons Found Insane) Rules, 1058. 282



THE WEST INDIES


STATUTORY INSTRUMENT No. 4 of 1959.

THE DEFENCE (CUSTODY OF PERSONS FOUND INSANE)
RULES, 1959.

Made by the Governor-General under section 134 of the Defence Act,
1958.

ARRANGEMENT OF RULES

1. Citation and commencement.
2. Nature of custody.

His Excellency the Governor-General in exercise of the
powers conferred upon him by section 134 of the Defence Act, 1958
and of all other powers him thereunto enabling hereby makes the
following Rules:-

1. These Rules may be cited as the Defence (Custody of Persons Citation
Found Insane) Rules, 1959 and shall come into force on the first day and
Found Insane) Rcommence-
of February, 1959. ment.

2. Where on the trial of an accused person by court-martial, Nature of
the court makes a finding under subsection (1) or subsection (2) of custody.
section 111 of the Defence Act, 1958, the manner in which the accused
person shall be kept in custody shall be such as may be determined by
the confirming authority after considering medical advice.

Provided that where the court-martial was held outside the
Federation and the accused is transferred to the Federation, the
manner in which he shall be kept in custody shall:-
(i) during the transfer, be determined, after considering
medical advice by the commander of the force in which
the court-martial was held; and
(ii) after arrival in the Federation, be determined, after
considering medical advice, by the Commander.


Made this 29th day of January, 1959.


By Command,

M. S. STAVELEY,

Secretary to the Governor-General.








283 The Defence (Miscellaneous) Regulations, 1959.



THE WEST INDIES


STATUTORY INSTRUMENT No. 5 of 1959.


THE DEFENCE (MISCELLANEOUS) REGULATIONS, 1959.

Made by the Governor-General under section 221 of the Defence Act,
1958.


ARRANGEMENT OF REGULATIONS
Regulation
1. Citation and commencement.
2. Corresponding rank.
3. Reduction for inefficiency.
4. Low flying.
5. Election of trial.
6. Temporary confinement in civil custody.
7. Promulgation.
8. Service books.
9. Command.


His Excellency the Governor-General in exercise of the
powers conferred upon him by section 221 of the Defence Act, 1958
and of all other powers him thereunto enabling, hereby makes the
following regulations.

Citation 1. These regulations may be cited as the Defence (Miscellaneous)
and Regulations, 1959, and shall come into force on the first day of February,
commence-1959
ment.. 19
Corres- 2. For the purposes of the Defence Act, 1958 any rank of rating
ponding specified in any column of the First Schedule to these Regulations is
rank. hereby declared to correspond with the ranks or ratings specified in
relation to it in the other columns of that Schedule.

Reduction 3. In cases of inefficiency or unsuitability, a commanding officer
for ineffi- may order any warrant officer, Class II, non-commissioned officer or
ciency. acting non-commissioned officer to relinquish any acting rank which
he may be holding and to revert to his substantive rank:

Provided that a commanding officer shall not order the
relinquishment of acting rank and reversion to substantive rank under
this paragraph without the consent of the Commander or an officer not
below the rank of brigadier or corresponding rank, except in the case
of a non-commissioned officer or acting non-commissioned officer below
the substantive rank of sergeant.









The Defence (Miscellaneous) Regulations, 1959. 284

4. For the purpose of section 52 of the Defence Act, 1958 flying Low Flying
at less than 2,000 feet above ground or water level is prohibited,
except-

(a) when taking off, landing, preparing to land, or making
a forced landing;

(b) when necessitated by weather;

(c) when required in connection with exercises or missions
involving co-operation from the ground or water;

(d) when specially authorised by the air or other officer
commanding;

(e) when properly authorised and carried out for training
purposes over areas approved by the Commander or
officer of the rank of brigadier or corresponding rank;
or

(f) in the case of helicopters, where, except as provided
in the foregoing, the minimum height above ground or
water level is to be 1,000 feet.

5. (1) Subject to sub-paragraph (1), (2) and (3) of this regulation, Election of
a non-commissioned officer or soldier who has elected to be tried by trial.
court-martial under section 79(5) of the Defence Act, 1958 may withdraw
his election at any time before his trial begins.

(2) Subject to paragraph (3) of these Regulations, a non-
commissioned officer or soldier who has elected to be tried by court-
martial will be given an opportunity of withdrawing his election on the
day following that on which he made it, and he will not be remanded for
trial before the end of that day.

(3) A non-commissioned officer or soldier who has elected to be
tried by court-martial shall hot be entitled to withdraw his election
before he has been remanded for trial if his commanding officer is of
opinion that it is undesirable that he should do so.

(4) A non-commissioned officer or soldier who has elected to be
tried by court-martial shall not be entitled to withdraw his election after
he has been remanded for trial except with the permission of the
convening officer.

6. Where a person in military custody s committed into civil Tempor-
custody in the Federation for temporary detention in accordance with ary con-
section 206 of the Defence Act, 1958 the orders for commitment and finement in
civil cus-
release should be in the forms set out in the Second Schedule to these tody.
Regulations and will be signed by his commanding officer.

7. Any matter required to be promulgated by the Defence Act, Promulga-
1958 shall be promulgated:- tion.








285 The Defence (Miscellaneous) Regulations, 1959.


(i) by being communicated to the accused; or

(ii) if the accused absents himself without leave before any such
matter can be communicated to him, by being published in
the orders of the unit to which he belongs or is attached; or

(iii) in such other manner as may be directed for special reasons
by the confirming authority or reviewing authority, as the
case may be.

Service 8. The service books and other documents in which records
books. may be made for the purpose of section 203 of the Defence Act, 1958,
shall be:-

Unit order books;
Register of deserters;
Postage book;
Guard report;
Record of service (officers)
Record of service (soldiers)
Regimental conduct sheets;
Record of reports of boards of inquiries on
illegal absence of officers and soldiers.

Command. 9. (1) An officer appointed to command a unit will, irrespective of
seniority, exercise command over all other officers serving therein.

(2) An officer holding an authorised appointment of second in
command of a unit will, irrespective of seniority, exercise command
over all other officers serving therein except the officer appointed to
command the unit.

(3) In the absence of both the officer in command of a unit and
the officer appointed second in command thereof, the senior officer in
that unit will exercise command over all other officers serving therein.

(4) The powers of command to be exercised by officers will be
over officers junior to them and over all soldiers.

(5) A person in command of an aircraft, whether or not he is
a member of Her Majesty's forces, will in respect of all matters relating
to the control or safety of the aircraft, have powers of command over
officers and soldiers of the regiment who are on board that aircraft in
that capacity.

Made this 29th day of January, 1959.


By Command,
M. S. STAVELEY,


Secretary to the Governor-General.








The Defence (Miscellaneous) Regulations, 1959. 286

FIRST SCHEDULE

Military- Naval Air-force

Field-Marshal Admiral of the Fleet Marshal of the Royal
Air Force

General Admiral Air Chief Marshal

Lieutenant-General Vice-Admiral Air Marshal
Major-General Rear-Admiral Air Vice Marshal

Brigadier Commodore (1st and Air Oommodore
2nd class)

Colonel Captain Group Captain

Lieutenant-Colonel Commander Wing Commander

Major Lieutenant-Commander Squadron Leader
Captain Lieutenant Flight Lieutenant

Lieutenant Sub-Lieutenant Flying Officer
Acting Sub-Lieutenant
(but junior to
military and air-
force ranks)
Second-Lieutenant Midshipman Cadet Pilot Officer
(but junior to Acting Pilot Officer
military and (but junior to
air-force ranks) military rank)

Warrant Officer
Class I

Warrant Officer
Class 11
(but junior to Chief Petty Officer Warrant Officer
air-force Warrant (but junior to all Master Aircrew
Officer, Master Warrant Officers) Master Technician
Aircrew and Master
Technician).

Staff Sergeant Flight Sergeant
Chief Technician

Sergeant Petty Officer Sergeant
Senior Technician








287 The Defence (Miscellaneous) Regulations, 1959.



Corporal Leading Rating Corporal
(but junior to Corporal Technician
military and air-
force ranks)

Lance-corporal Able rating Junor Technician
(but senior to Ordinary rating Senior Aircraftman
naval and air- Leading Aircraftman
force ranks) Aircraftman 1
Aircraftman 2

Private Able rating Junior Technician
Ordinary rating Senior Aircraftman
Leading Aircraftman
Aircraftman 1
Aircraftman 2








The Defence (Miscellaneous) Regulations, 1959. 288


SECOND SCHEDULE

ORDER FOR TEMPORARY CONFINEMENT IN CIVIL CUSTODY

To the

(Governor of .................................. .......Prison)

(Officer of Police in charge of.................. Police Station)

In pursuance of section 206 of the Defence Act 1958, I, the

undersigned, the commanding officer of.............................

.................. (number, rank, name and unit), a person in military
custody, order you to receive him into custody and to detain him until
you receive from me an order for his release, but not longer than
seven days.

Place..............................

Date.............................



(Signature of commanding
officer)


ORDER FOR RELEASE FROM TEMPORARY CONFINEMENT IN
CIVIL CUSTODY

To the............... ...........................

I, the undersigned, the commanding officer of.....................

................. (number, rank, name and unit), a person now in your
custody require you to deliver him to the escort producing this
authority.

Place ............................

Date..............................


(Signature of commanding
officer)








289 The Defence (Board of Inquiry) Rules, 1959.



THE WEST INDIES


STATUTORY INSTRUMENT No. 6 of 1959.


THE DEFENCE (BOARD OF INQUIRY) RULES, 1959.

Made by the Governor-General under section 133 of the Defence Act,
1958.


ARRANGEMENT OF RULES

1. Citation and commencement.
2. Interpretation.
3. Duties of boards.
4. Matters for reference to boards.
5. Convening of boards.
6. Constitution of boards.
7. Assembly and procedure.
8. Oaths and affirmations.
9. Record of proceedings.
10. Persons who may be affected by boards.
11. Entry of report in service books.



His Excellency the Governor-General in exercise of the
powers conferred upon him by section 133 of the Defence Act, 1958
and of all other powers him thereunto enabling, hereby makes the
following Rules:-


Citation 1. These Rules may be cited as the Defence (Board of Inquiry)
and Rules, 1959 and shall come into force on the first day of February, 1959.
commence-
ment.

Interpre- 2. In these Rules, except where the context otherwise
station. requires:-

"authority" in relation to a board, means the Governor-
General or any military, naval or air-force officer
empowered by these Rules to convene a board;
"board" means board of inquiry;
"the Act" means the Defence Act, 1958.
"president" means president of a board, or, where only one
officer forms the board, that officer;








The Defence (Board of Inquiry) Rules, 1959. 290

"record of the proceedings" in relation to a board, includes
the report of the board and any opinion expressed by the
board in accordance with any directions given by the
authority.

3. A board shall investigate and report on the facts relating Duties of
to any matter referred to the board under these Rules, and, if directed boards.
so to do, shall express their opinion on any question arising out of
any such matter.

4. (1) A board may be convened with reference to the absence of Matters for
any person subject to military law under the Act who has been con- reference
to boards.
tinuously absent without leave for a period of not less than twenty-
one days and with reference to the deficiency (if any) in the public and
service property of which that person had the charge or which had
been entrusted to his care and the value of such deficiencies:

Provided that:-
(i) a board need not be convened if the authority is satisfied
that the absence has terminated; and

(ii) if such a board has already been convened it may be
dissolved if the authority is satisfied that the absence
has terminated.

(2) A board may be convened with reference to:-

(a) the capture of any person subject to military law under
the Act by the enemy;

(b) the death of any such person where an inquiry as to the
death is not required to be held by any civil authority.

(3) A board may be convened with reference to any matter other
than those referred to in paragraphs (1) and (2) of this rule which
the authority decides to refer to a board.

5. (1) A board with reference to the matters referred to in para- Convening
graph (1) of rule 4, shall be convened by the officer commanding the of board,.
unit or detachment with which the person was serving at the time
of his absence.

(2) A board with reference to the matters referred to m para-
graphs (2) and (3) of rule 4. may be convened by:-

(a) the Governor-General; or

(b) any military, naval or air force officer commanding a
body of troops, unit or detachment.

(3) The following provisions shall apply in relation to the order
convening a board:-








291 The Defence (Board of Inquiry) Rules, 1959.


(a) the order may, and where the matters referred to the
board are those mentioned in paragraph (1) of rule 4
shall, specify the terms of reference of the board and
be published in orders;

(b) the order may direct the board to express an opinion
on any question arising out of any matter referred to
the board; and

(c) the authority may revoke, vary or suspend the order.

Constitu- 6. (1) A board convened with reference to such absences and
tion of deficiencies, (if any), as are mentioned in paragraph (1) of rule 4, shall
boards, consist of not less than three persons subject to service law.

(2) A board convened to investigate any matter referred to in
paragraph (2) of rule 4, shall consist of not less than three officers
subject to service law.

(3) A board convened to investigate any matter other than those
referred to in paragraphs (1) and (2) of this rule may consist of one
or more persons subject to service law:

Provided that where a board consists of only one member,
that member shall be an officer.

(4) Where a board consists of more than one member, the
president shall be an officer.

(5) The authority shall appoint the president by name and each
remaining member of the board either by name or by detailing a com- .
manding officer to appoint a member of a specified rank:

Provided that where the authority is a commanding officer
of a unit or detachment he shall appoint the members by name.
Assembly 7. (1) A board shall assemble at the time and place stated in the
and proce-
dure. order convening the board.

(2) The president shall lay the terms of reference before the
board and the board shall proceed to hear and record the evidence in
accordance with the provision of these Rules.

(3) The board may from time to time adjourn and sit on such
occasions and in such places as the president may from time to time
direct.

(4) Without prejudice to paragraph (3) of this rule the authority
may at any time direct the board to reassemble for such purpose as
may be specified by him.


(5) The board shall hear the evidence of the witnesses who have








The Defence (Board of Inquiry) Rules, 1959. 292

been made available by the authority and may hear the evidence of such
other persons as the board think fit.

(6) The board may receive any evidence which is considered
relevant to the matter referred to the board whether oral or written
and whether or not it would be admissible in a civil court.

8. (1) Subject to paragraph (4) of this rule, every witness before Oaths and
a board convened with reference to any of the matters referred to in afirma-
paragraphs (1) and (2) of rule 4, shall be examined on oath, tions.

(2) Where a board is convened with reference to any matter
other than those referred to in paragraphs (1) and (2) of rule 4, every
witness before the board shall, if the authority so directs and subject
to paragraph (4) of this rule, be examined on oath.

(3) Subject to paragraph (4) of this rule, an oath shall, where
the authority so directs, be administered to any person in attendance
on a board as an interpreter.

(4) If a person objects to taking an oath and states as the
ground of his objection either that he has no religious belief or that
the taking of an oath is contrary to his religious belief or it is not
reasonably practicable to administer an oath to a person in the manner
appropriate to his religious belief he shall be required to make a solemn
affirmation instead of taking an oath.

(5) An oath shall be administered or an affirmation made before
a board in the form and manner prescribed by the Rules of Procedure.

(6) Every oath or affirmation taken or made before a board
shall be administered by the president or any member of the board.

9. (1) The president shall record or cause to be recorded the pro- Record of
ceedings of the board in writing and in sufficient detail to enable the proceed-
authority to follow the course of the proceedings. ings.

(2) The evidence of each witness, which may be recorded in
narrative form, shall as soon as it has been taken down be read over
to, and be signed by him.

(3) The record of the proceedings shall be signed by the president
and other members of the board and forwarded to the authority.

(4) The president shall be responsible for ensuring the safe
custody of any exhibits produced to the board.

10. (1) Where it appears to the authority or, if a board has been Persons
convened, the authority or the president that any person subject to whom may
service law may be affected by the findings of the board, the authority be affected
or, as the case may be, the president shall take such steps as are in by boards.
his opinion reasonable and necessary to ensure that such person has








293 The Defence (Board of Inquiry) Rules, 1959.

notice of the proceedings and, if he so desires, has an opportunity of
being present and represented by a lawyer or an officer subject to
service law at the sittings of the board or any such part thereof as the
authority or, as the case may be, the president, may specify.

(2) Any such person as is referred to in paragraph (1) of this
rule, may give evidence question witnesses or produce witnesses to
give evidence on the matters which may affect him and, if he is
represented as provided for in the said paragraph (1), his representa-
tive may question witnesses but neither the person nor his representa-
tive shall make any speech to the board except with the permission
of the president.

Entry of 11 Where a board convened in accordance with paragraph (1)
report in of rule 4 find that a person subject to military law under the Act has
Service
books. been absent without leave or other sufficient cause for a period not
being less than twenty-one days, the board shall make a report set
out in the Schedule hereto and a record of the report shall as required
by subsection (1) of section 124 of the Act be entered in the service
book and such entry shall be signed by the commanding officer.


Made this 29th day of January, 1959.



By Command,

M. S. STAVELEY,


Secretary to the Governor-General.









The Defence (Board of Inquiry) Rules, 1959. 294


THE SCHEDULE

Report of a Board of Inquiry into the absence of


(number, rank, name and unit)



The board of inquiry sitting at ................ (place) on

the ................... day(s) of ...................... 19...., and
consisting of:

........................ (rank, name and unit) President

............................ (ditto)
........................... (ditto) M em bers
S . . . . . . . . . . (ditto)

Report that........................ (number, rank, name aid

unit) has been absent from .............. (unit) at................
(place) without leave or other sufficient cause for a period beginning

on the ............ day of .................., 19...., and is still so
absent.

-- And further report that the said............ (rank and name)

was on the ................ day of ............... 19 ..., and still
is deficient of the articles of public and service property of which he
had the charge or which had been entrusted to his care which are set
out below:-

(Set out each article with its value)

D ated the ................ day of ........................, 19....


(signature) President


(signature) Members
Members

(signature)

+ Omit this paragraph if there are no deficiencies.









295 The Defence (Deductions and Forfeitures) Regulations, 1959.


THE WEST INDIES


STATUTORY INSTRUMENT No. 7 of 1959.


THE DEFENCE (DEDUCTIONS AND FORFEITURES)
REGULATIONS, 1959.

Made by the Governor-General under section 221 of the Defence Act
1958.

ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Interpretation.
3. Deductions from pay.
4. Minimum rates of pay.
5. Forfeiture of pay for absence, etc.
6. Forfeiture of pay while a prisoner of war.
7. Computation of time.
8. Investigation into loss occasioned by wrongful act or negligence.
9. Investigation as to barrack damages.
10. Remission of forfeitures and deductions.
11. Deductions in respect of maintenance.



His Excellency the Governor-General in exercise of the
powers conferred upon him by section 221 of the Defence Act, 1958,
and of all other powers him thereunto enabling, hereby makes the
following regulations:-

Citation and 1. These regulations may be cited as the Defence (Deductions
commence- and Forfeitures) Regulations, 1959, and shall come into force on the
ment. first day of February, 1959.

Interpre- 2. In these regulations, unless the context otherwise requires:-
tation.
"the Act" means the Defence Act, 1958;

"public claim" means any public debt or disallowance, including
any over-issue or advance of pay made through an error as to
the facts;

"service claim" means any debt due to any service mess, club,
institution or other service organisation.

Deductions 3. (1) Save under authority of the Act, the Regulations, other service
from pay. law or some other enactment, no deduction shall be made from the
pay granted by the Defence (Rates of Pay and Allowances) Regulations,









The Defence (Deductions and Forfeitures) Regulations, 1959. 296

1958, to an officer or soldier by reason of the commission of any offence
or other wrongful act or in consequence of any negligence.

(2) The pay granted by the Defence (Rates of Pay and
Allowances) Regulations, 1958, to an officer or soldier shall, by virtue
of these Regulations be held liable to deductions, on the order of the
Commander to meet any public or service claim that there may be
against him.

(3) The pay of an officer or soldier shall be available to meet
all fines, deductions of pay, stoppages or forfeitures to which he is
properly liable except that he shall (subject to any forfeiture) remain
in receipt of pay at not less than the appropriate minimum rate as is
prescribed in regulation 4.

4. (1) For the purpose of subsection (5) of section 153 of the Act, Minimum
the minimum rates of pay which an officer or soldier shall (subject to rates of
any forfeitures) receive notwithstanding any deductions from his pay pay.
shall be:-
(a) in the case of an officer, one third of his pay or $1.70 a
day whichever is the greater;
(b) in the case of a warrant officer, non-commissioned
officer or soldier (other than a boy) 250 a day; and
(c) in the case of a boy 15 a day.

(2) In this regulation, "boy" means a soldier who has not attained
the age of 18 years.

5. (1) The pay of an officer or soldier shall be forfeited for every Forfeiture
day : of pay for
day -- bsenee,
(a) of absence in such circumstances as to constitute anete.
offence under section 39 or section 40 of the Act or if
the Commander or an authorised officer so directs for
any day of other absence without leave other than
absence by reason of having been made a prisoner of
war;
(b) of imprisonment, detention or field punishment awarded
under service law by a court-martial or commanding
officer, or of imprisonment or detention of any descrip-
tion to which he is liable in consequence of an order or
sentence of a civil court;
(c) on which he is in hospital on account of sickness or
injury certified by the proper medical officer to have
been occasioned by an offence under service law of which
he has been or is subsequently found guilty.

(2) For the purpose of this regulation authorisedd officer" means
an officer not below the rank of colonel under whom the officer or
soldier is for the time being serving.









297 The Defence (Deductions and Forfeitures) Regulations, 1959.


Forfeiture 6. (1) The pay of an officer or soldier shall not be forfeited for
of pay absence by reason of his having been made a prisoner of war unless
while a the Commander is satisfied that:-
prisoner of
war. (a) he was made a prisoner of war through disobedience to
orders or wilful neglect of his duty; or

(b) having been made a prisoner of war he failed to take
any reasonable steps available to him to rejoin Her
Majesty's service; or

(c) having been made a prisoner of war he served with or
aided the enemy in the prosecution of hostilities or
measures calculated to influence morale or in any other
manner whatsoever not authorised by international
usage:

Provided that pay for any day of such absence may be provi-
sionally withheld in accordance with the provisions of paragraph (2)
of this regulation.

(2) Where the Commander is satisfied that the conditions of
sub-paragraphs (a), (b) or (c) of paragraph (1) of this regulation are
fulfilled, pay shall be forfeited for every day of absence from the date
of capture or from the first day of the month in which the Commander
is so satisfied whichever is the later:

Provided that where pay has been provisionally withheld under
the provisions of paragraph (3) of this regulation the whole of the pay
so withheld shall be forfeited.

(3) Where an officer or soldier who has been absent as a
prisoner of war rejoins for duty, pay for the period from the first day
of the month in which he was released to the day before that on which
he rejoins for duty will be withheld pending an investigation of the
circumstances of his case.

Compu.. 7. For the purposes of paragraph (a) and (c) of subsection (1)
station of of section 154 of the Act, and of subsection (2) of that section the
time. number of days that a person is absent or is in hospital shall be com-
puted as follows:-

(a) the number of days shall be reckoned from the time
when the absence or, as the case may be, the time spent
in hospital, commences;

(b) each period of twenty-four hours shall be reckoned as
one day and, save as is hereinafter provided, a part of
a day shall be reckoned as one day; and

(c) when the total period of the absence or the time spent
in hospital is less than six hours, no account shall be







The Defence (Deductions and Forfeitures) Regulations, 1959. 298

taken thereof unless the person was, by reason of his
being absent or in hospital, prevented from performing
a military duty which was thereby thrown on some
other person.

8. (1) Subject to paragraph (2) of this regulation, an investigation Investiga-
tion into
for the purposes of subsection (1) of section 156 of the Act, into the ins
cause of any loss of, or damage to, public or service property shall be:- occasioned
by wrongful
(a) a board of inquiry convened under section 123 of the act or
Act, or negligence.
Act, or

(b) an examination by the Governor-General or an authorised
officer of evidence, whether oral or written, relating to
the cause of such loss or damage as aforesaid.

(2) Where in the course of an examination of evidence under
sub-paragraph (b) of paragraph (1) of this regulation, it appears to
the Governor-General, or, as the case may be, the authorised officer that
a person may have been responsible for such loss or damage as afore-
said, he shall be given an opportunity of making a statement, if he so
desires, for consideration by the Governor-General or, as the case may
be, the authorised officer:

Provided that where in proceedings under service law before a
court-martial or an appropriate superior authority a person has been
convicted in circumstances involving a finding that he was guilty of
a wrongful act or negligence which occasioned such loss or damage
as aforesaid it shall not be necessary to give him an opportunity of
making any such statement as aforesaid.

(3) For the purpose of this regulation, any officer of the rank
of colonel under whom the person responsible is for the time being
serving may act as an authorised officer, and the term authorisedd
officer" shall be construed accordingly.

9. (1) Without prejudice to any proceedings under any other section Investiga-
of the Act the cause and extent of every damage or loss to which section tion as to
157 thereof relates and the time at which such damage or loss was barrack
occasioned shall be investigated- damages.

(a) if more than one unit or part of a unit is concerned, by
a board of inquiry convened by an officer under whose
command the units are; or

(b) if only one unit or part of a unit is concerned-

(i) by a board of inquiry convened by the commanding
officer of the unit or part of the unit; or








299 The Defence (Deductions and Forfeitures) Regulations, 1959.


(ii) by an examination by the commanding officer of the unit
or part of the unit concerned, or by an officer appointed
by him, of the evidence, whether written or oral, relating
to such damage or loss and time.

(2) The amount which a person may be required to contribute
under subsection (1) of section 157 of the Act towards compensation
for any damage or loss shall be the amount of the damage or loss
divided by the number of persons who could under the said subsection
be required to contribute towards compensation for the said damage
or loss:

Provided that-

(a) where any part of the amount of the damage or loss has
been written off or is the subject of an application for
write-off, as a charge against the public under the
regulations for the time being in force relating to write-
off, the amount of the damage or loss for the purposes
of this sub-paragraph shall be the total amount of the
damage or loss less the part which has been so written-
off or is the subject of such application; and

(b) in calculating the number of persons by which the amount
of the damage or loss is to be divided as aforesaid, no
account shall be taken of persons who it appears on
investigation in accordance with subsection (1) of
section 157 of the Act could not have occasioned the
damage or loss.

Remission 10. Any deduction of pay imposed under section 154 of the Act
of forefei- may be remitted by any officer superior in command to the officer
edctns. who imposed the deduction.

Deductions 11. Where under section 159 or section 160 of the Act a com-
in respect ofpulsory maintenance order has been made by the commander or an
mainten. officer authorised by him the following provisions shall have effect:-
ancc.
(a) there shall not be charged to the account of a soldier
who makes a prescribed allotment and who incurs a
forfeiture of pay the amount of the prescribed allotment
payable during the period of forfeiture.

(b) where a soldier forfeits pay on the direction of the
Commander or an authorised officer under regulation
5 in respect of absence without leave (not being absence
in such circumstances as to constitute an offence under
section 39 or section 40 of the Act pursuant to paragraph
(a) of subsection (1) of section 154 thereof, or in respect
of absence by reason of his having been made a prisoner
of war pursuant to subsection (2) of section 154 thereof),
compulsory maintenance deductions and prescribed








The Defence (Deductions and Forfeitures) Regulations, 1959 300


allotments issued during the period of such forfeiture
shall remain as charges against him.


Made this 29th day of January, 1959.


By Command,

M. S. STAVELEY,

Secretary to the Governor-General.


Printed by Yuille's Printerie Limited, Port-of-Spain, Trinidad,
By Authority.




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