An Act to provide for the reorganization of His Majesty’s military forces and for that purpose to authorize the establishment of County Associations, and the raising and maintenance of a Territorial Force, and for amending the Acts relating to the Reserve Forces. [2nd August, 1907]
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:
Part I
County Associations
1. Establishment of associations.
1. For the purposes of the reorganization under this Act of His Majesty’s military forces other than the regulars and their reserves, and of the administration of those forces when so reorganized, and for such other purposes as are mentioned in this Act, an association may be established for any county in the United Kingdom, with such powers and duties in connection with the purposes aforesaid as may be conferred on it by or under this Act.
2. Associations shall be constituted, and the members thereof shall be appointed and hold office in accordance with schemes to be made by the Army Council.
3. Every such scheme shall provide –
a. For the date of the establishment of the association:
b. For the incorporation of the association by an appropriate name, with power to hold land for the purposes of this Act without license in mortmain:
c. For constituting the lieutenant of the county, or failing him such other person as the Army Council may think fit, president of the association:
d. For the appointment of such number of officers representative of all arms and branches of the Territorial Force raised under this Act within the county (not being less than one half of the whole number of the association) as may be specified in the scheme:
e. For the appointment by the Army Council, where it appears desirable, and after consultation with, and on the recommendation of, the authorities to be represented, of representatives of county and county borough councils and universities wholly or partly within the county:
f. For the appointment of such number of co-opted members as the scheme may prescribe, including, if thought desirable, representatives of the interests of employers and workmen:
g. For the appointment by the Army Council during the first three years after the passing of this Act, and subsequently for the election of a chairman and vice-chairman by the association, and for defining their powers and duties:
h. For the mode of appointment, term of office, and rotation of members of the association, and the filling of casual vacancies:
i. For the appointment by the association, subject to the approval of the Army Council, of a secretary and other officers of the association, and the accountability of such officers, and for the provision of offices:
j. For the procedure to be adopted, including the appointment of committees and the delegation to committees of any of the powers of or duties of the association:
k. For enabling such general officers of any part of His Majesty’s forces, and not being members of the association, as may be specified in the scheme, or officers deputed by them, to attend the meetings of the association and to speak, but not to vote:
l. For dividing the county, where on account of its size of population it seems desirable to do so, into two or more parts, and for constituting sub-associations for the several parts, and for apportioning amongst the several sub-associations all or any of the powers and duties of the association, and regulating the relations of sub-associations to the association and to one another.
4. A scheme may contain any consequential, supplemental, or transitory provisions which may appear to be necessary or proper for the purposes of the scheme, and also as respects any matter for which for which provision may be made by regulations under this Act and for which it appears desirable to make special provision affecting the association established by the scheme.
5. All schemes made in pursuance of this Part of this Act shall be laid before the Houses of Parliament.
6. Until an Order in Council has been made under this Act for transferring to the Territorial Force the units of the Yeomanry and Volunteers of any county, references in this section to the Territorial Force shall as respects that county be construed as including references to the Yeomanry and Volunteers.
2. Powers and Duties of associations.
1. It shall be the duty of an association when constituted to make itself acquainted with and conform to the plan of the Army Council for the organization of the Territorial Force within the county and to ascertain the military resources and capabilities of the county, and to render advice and assistance to the Army Council and to such officers as the Army Council may direct, and an association shall have, exercise, and discharge such powers and duties connected with the organization and administration of His Majesty’s military forces as may for the time being be transferred or assigned to it by order of His Majesty signified under the hand of a Secretary of State or, subject thereto, by regulations under this Act, but an association shall not have any powers of command or training over any part of His Majesty’s military forces.
2. The powers and duties so transferred or assigned may include any powers conferred on or vested in His Majesty, and any powers or duties conferred or imposed on the Army Council or a Secretary of State, by statute or otherwise, and in particular respecting the following matters:-
a. The organization of the units of the Territorial Force and their administration (including maintenance) at all times other than when they are called out for training or actual military service, or when embodied:
b. The recruiting for the Territorial Force both in peace and in war, and defining the limits of recruiting areas:
c. The provision and maintenance of rifle ranges, buildings, magazines, and sites of camps for the Territorial Force:
d. Facilitating the provision of areas to be used for manoeuvres:
e. Arranging with employers of labour as to holidays for training, and ascertaining the times of training best suited to the circumstances of civilian life:
f. Establishing or assisting cadet battalions and corps and also rifle clubs, provided that no financial assistance out of money voted by Parliament shall be given by an association in respect of any person in a battalion or corps in a school in receipt of a parliamentary grant until such person has attained the age of sixteen:
g. The provision of horses for the peace requirements of the Territorial Force:
h. Providing accommodation for the safe custody of arms and equipment:
i. The supply of the requirements on mobilisation of the units of the Territorial Force within the county, in so far as those requirements are directed by the Army Council to be met locally, such requirements where practicable to be embodied in regulations which shall be issued to county associations from time to time, and on the first occasion not later than the first day of January one thousand nine hundred and nine:
j. The payment of separation and other allowances to the families of men of the Territorial Force when embodied or called out on actual military service:
k. The registration in conjunction with the military authorities of horses for any of His Majesty’s forces:
l. The care of reservists and discharged soldiers.
3. Expenses of association.
1. The Army Council shall pay to an association, out of money voted by Parliament for army services, such sums as, in the opinion of the Army Council, are required to meet the necessary expenditure connected with the exercise and discharge by the association of its powers and duties.
2. An association shall submit to the Army Council annually, at the prescribed time, and may submit at any other time for any special purpose, in the prescribed form and manner, a statement of its necessary requirements, and all payments to an association by the Army Council shall be made upon the basis of such statements in so far as they are approved by the Army Council.
3. Subject to regulations under this Act, all money so paid to an association shall be applicable to any of the purposes specified in the approved statements in accordance with which the money has been granted, but not otherwise except with the written consent of the Army Council:
Provided that nothing in this section shall be construed as enabling the Army Council to give their consent to the application of money to any purpose to which, apart from this section, it could not lawfully be applied, or to give their consent, without the authority of the Treasury, in any case in which, apart from this section, the authority of the Treasury would be required.
4. All other money received by an association (except such money, if any, as may be received by it for special purposes) shall be available for the purposes of any of its powers and duties.
5. An association shall cause its accounts to be made up annually and audited in such manner as may be prescribed, and shall send copies of its accounts as audited, together with any report of the auditors thereon, to the Army Council.
6. Regulations made for the purposes of this section shall be subject to the consent of the Treasury.
7. The members of an association shall not be under any pecuniary liability for any act done by them in their capacity as members of such association in carrying out the provisions of this Act.
4. Regulations.
1. Subject to the provisions of this Act, the Army Council may make regulations for carrying this Part of this Act into effect, and may by those regulations, amongst other things, provide for the following matters:-
a. For regulating the manner in which powers are to be exercised and duties performed by associations, and for specifying the services to which money [aid by the Army Council is to be applicable:
b. For authorizing and regulating the acquisition by or on behalf of an association of land for the purposes of this Act and the disposal of any land so acquired:
c. For authorizing and regulating the borrowing of money by an association:
d. For authorizing the acceptance of any money or other property, and the taking over of any liability, by an association, and for regulating the administration of any money or property so acquired and the discharge of any liability so taken over:
e. For facilitating the co-operation of an association with any other association, or with any local authority or other body, and for providing by the constitution of joint committees or otherwise for co-operative action in the organization and administration of divisions, brigades, and other military bodies, and for the provision of assistance by one association to another:
f. For affiliating cadet corps and battalions, rifle clubs, and other bodies to the Territorial Force or any part thereof:
g. For or in respect of anything by this Part of this Act directed or authorized to be done or provided by regulations or to be done in the prescribed manner:
h. For the application for the purposes of this Part of this Act, as respects any matters to be dealt with by regulations, of any provision in any Act of Parliament dealing with the like matters, with the necessary modifications or adaptations, and in particular of any provisions as to the acquisition of land by on behalf of volunteer corps.
2. All regulations made in pursuance of this Part of this Act shall be applicable to all associations, except in so far as may be otherwise provided by the regulations or by any scheme made under this Part of this Act.
3. All regulations made under this Part of this Act shall be laid before both Houses of Parliament as soon as may be after they are made.
5. Joint committees of associations.
1. Any county associations may from time to time join in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested.
2. Any association appointing a joint committee under this subsection may delegate to it any power which such association might exercise of the purpose for which the committee is appointed.
3. Subject to the terms of delegation any such joint committee shall be defrayed by the associations by whom it has been appointed, in such proportion as may be agreed between them, and the accounts of such joint committees and their officers shall for the purposes of the provisions of this Act be deemed to be accounts of the associations appointing them and of their officers.
Part II
TERRITORIAL FORCE
Raising and Maintenance of Force
6. Raising and number of Territorial Force.
It shall be lawful for His Majesty to raise and maintain a force, to be called the “Territorial Force”, consisting of such number of men as may from time to time be provided by Parliament.
7. Government, discipline, and pay of Territorial Force.
1. Subject to the provisions of this Part of this Act, it shall be lawful for His Majesty, by order signified under the hand of a Secretary of State, to make orders with respect to the government, discipline and pay and allowances of the Territorial Force, and with respect to all other matters and things relating to the Territorial Force, including any matter by this Part of this Act authorized to be prescribed or expressed to be subject to orders or regulations.
2. The said orders may provide for the formation of men of the Territorial Force into regiments, battalions, or other military bodies, and for the formation of such regiments, battalions, or other military bodies into corps, either alone or jointly with any other part of His Majesty’s forces, and for appointing, transferring, or attaching men of the Territorial Force to corps, and for posting, attaching, or otherwise dealing with such men within the corps; and may provide for the constitution of a permanent staff, including adjutants and staff sergeants who shall, except in special circumstances certified by the general officer commanding be members of His Majesty’s regular forces; and may regulate the appointment, rank, duties and numbers of officers and non-commissioned officers of the Territorial Force.
3. Subject to the provisions of any such order, the Army Council may make general or special regulations with respect to any matter with respect to which His Majesty may make orders under this section.
4. Provided that the said orders or regulations shall not –
a. affect or extend the term for which, or the area within which, a man of the Territorial Force is liable under this Part of this Act to serve; or
b. authorize a man of the Territorial Force when belonging to one corps to be transferred without his consent to another corps; or
c. when the corps of a man of the Territorial Force includes more than one unit, authorize him when not embodied to be posted, without his consent, to any unit other than that to which he was posted on enlistment; or
d. when a corps of a man if the Territorial Force includes any battalion or other body of the regular forces, authorize him to be posted without his consent to that battalion or body.
5. Where a man of the Territorial Force was enlisted or re-engaged before the date of any order or regulation under this Part of this Act, nothing in such order or regulation shall render him liable without his consent to be appointed, transferred or attached to any military body to which he could not without his consent have been appointed, transferred or attached if the said order or regulation had not been made.
6. Orders and regulations under this section may provide for the formation of a reserve division of the Territorial Force, and may relax or dispense with any of the provisions of this Act relating to the training of the men of the Territorial Force so far as regards their application to men in the reserve division, and may, notwithstanding anything in this section, authorize a man in the reserve division to be transferred from one corps to another, so, however that a man in the reserve division shall not, without his consent, be transferred to a corps of another arm.
7. All orders and general regulations made under this section shall be laid before both Houses of Parliament as soon as may be after they are made.
8. First appointments to lowest rank of officers of the Territorial Force.
Subject to any directions which may be given by His Majesty, first appointments to the lowest rank of officer in any unit of the Territorial Force shall be given to persons recommended by the president of the association for the county, if a person approved by His Majesty is recommended by the president for any such within thirty days after the notice of a vacancy for the appointment has been given to the president in the prescribed manner, provided he fulfils all the prescribed conditions as to age, physical fitness, and educational qualifications; and, where a unit comprises men of the Territorial Force of two or more counties the recommendations for such appointments shall be made by the presidents of the associations for the respective counties in such rotation or otherwise as may be prescribed.
9. Enlistment, term of service and discharge.
1. Subject to the provisions of this Part of this Act, all men of the Territorial Force shall be enlisted by such persons and in such manner and subject to such regulations as may be prescribed:
Provided that every man enlisted under this Part of this Act –
a. Shall be enlisted for a county for which an association has been established under this Act and shall be appointed to serve in such corps for that county or for an area comprising the whole or part of that county as he may select, and, if that corps comprises more than one unit within the county, shall be posted to such one of those units as he may select:
b. Shall be enlisted to serve for such a period as may be prescribed, not exceeding four years, reckoned from the date of his attestation:
c. May be re-engaged within twelve months before the end of his current term of service for such a period as may be prescribed not exceeding four years from the end of that term, and on re-engagement shall make the prescribed declaration before a justice of the peace or an officer, and so from time to time.
2. A man enlisted in the Territorial Force, until duly discharged in the prescribed manner, shall remain subject to this Part of this Act as a man of the Territorial Force.
3. Any man of the Territorial Force shall, except when a proclamation ordering the Army Reserve to be called out on permanent service is in force, be entitled to be discharged before the end of his current term of service on complying with the following conditions:-
i. Giving his commanding officer three months’ notice in writing, or such less notice as may be prescribed, of his desire to be discharged; and
ii. Paying for the use of the association of the county for which he was enlisted such sum as may be prescribed not exceeding five pounds; and
iii. Delivering up in good order, fair wear and tear only excepted, all arms, clothing, and appointments, being public property, issued to him, or, in cases where for any good and sufficient cause the delivery of the property aforesaid is impossible, on paying the value thereof:
Provided that it shall be lawful for the association for the county, or for any officer authorized by the association, in any case in which it appears that the reasons for which the discharge is claimed are of sufficient urgency or weight, to dispense either wholly or in part with all of the above conditions.
4. A man of the Territorial Force may be discharged by his commanding officer for disobedience to orders by him while doing any military duty, or for neglect of duty, or for misconduct by him as a man of the Territorial Force, or for other sufficient cause, the existence and sufficiency of such cause to be judged by the commanding officer:
Provided that any man so discharged shall be entitled to appeal to the Army Council who may give such direction in any such case as they may think just and proper.
5. Where the time at which a man of the Territorial Force would otherwise be entitled to be discharged occurs while a proclamation ordering the Army Reserve to be called out on permanent service is in force, he may be required to prolong his service for such further period, not exceeding twelve months, as the competent military authority may order.
10. Application of certain sections of the Army Act.
1. The following sections of the Army Act shall apply to the Territorial Force (that is to say):-
Section eighty (relating to the mode of enlistment and attestation);
Section ninety-six (relating to the claims of masters to apprentices);
Section ninety-eight (imposing a fine for unlawful recruiting);
Section ninety-nine (making recruits punishable for false answers);
So much of section one hundred as relates to the validity of attestation and enlistment re-engagement;
Section one hundred and one (relating to the competent military authority); and
So much of section one hundred and sixty-three as relates to attestation paper, or a copy thereof, or a declaration, being evidence.
And the said sections shall apply in like manner as if they were herein re-enacted, with substitution-
a) Of “Territorial Force” for “regular forces”, and of “man of the Territorial Force” for “soldier”; and
b) (In section one hundred) of “has not within three months claimed his discharge on any ground on which he is entitled under this subsection to do so” for “has received pay as a soldier of the regular forces during three months.”
2. A recruit may be attested by any lieutenant or deputy lieutenant of any county in the United Kingdom, or by an officer of the regular or Territorial forces, and the sections of the Army Act in this section mentioned, and also section thirty-three of the same Act, shall as applied to the Territorial Force be construed as if a justice of the peace in those sections included such lieutenant, deputy lieutenant or officer.
11. Enlistment of men discharged with disgrace from Army or Navy, or contrary to rules.
1. If a person-
a. Having been discharged with disgrace from any part of His Majesty’s forces, or having been dismissed with disgrace from the Navy, has afterwards enlisted in the Territorial Force without declaring the circumstances of his discharge or dismissal; or
b. Is concerned when subject to military law in the enlistment for service in the Territorial Force of any man, when he knows or has reasonable cause to believe such man to be so circumstanced that by enlisting he commits an offence against the Army Act or this Act; or
c. Willfully contravenes when subject to military law any enactments, orders, or regulations which relate to the enlistment or attestation of men in the Territorial Force.
he shall be guilty of an offence, and shall, whether otherwise subject to military law or not, be liable to be tried by court martial, and on conviction to suffer such punishment as is imposed for the like offence by section thirty-two or thirty-four of the Army Act, as the case may be, and may be taken into military custody.
2. For the purpose of this section the expression “discharged with disgrace” means discharged with ignominy, discharged as incorrigible and worthless, or discharged for misconduct, or discharged on account of a conviction for felony or a sentence of penal servitude.
12. Enlistment into army reserve.
If a man of the Territorial Force enlists into the army reserve without being discharged from the Territorial Force, the terms and conditions of his service whilst he remains in the army reserve shall be those applicable to him as a man belonging to the army reserve, and not those applicable to him as a man of the Territorial Force.
13. Area of service of Territorial Force.
1. Any part of the Territorial Force shall be liable to serve in any part of the United Kingdom, but no part of the Territorial Force shall be carried or ordered to go out of the United Kingdom.
2. Provided that it shall be lawful for His Majesty, if he thinks fit, to accept the offer of any part or men of the Territorial Force, signified through their commanding officer, to subject themselves to the liability-
a. To serve in any place outside the United Kingdom; or
b. To be called out for actual military service for purposes of defence at such places in the United Kingdom as may be specified in their agreement, whether the Territorial Force is embodied or not;
and, upon any such offer being accepted, they shall be liable, whenever required during the period to which the offer extends, to serve or be called out accordingly.
3. A person shall not be compelled to make such an offer, or be subjected to such liability as aforesaid, except by his own consent, and a commanding officer shall not certify any voluntary offer previously to his having explained to every person making the offer that the offer is to be purely voluntary on his part.
Training
14. Preliminary training of recruits of Territorial Force.
1. Every man of the Territorial Force shall, by way of preliminary training, during the first year of his original enlistment –
a. If so provided by Order in Council, be trained at such places within the United Kingdom, at such times, and for such periods, not exceeding in the whole the number of days specified by the Order in Council, as may be prescribed, and may for that purpose be called out once or oftener; and
b. Whether such an Order in Council has been made or not, attend the number of drills and fulfil the other conditions prescribed for a recruit of his arm or branch of the service.
2. The requirement to attend training and drills, and to fulfil conditions under this section, shall be in addition to the requirement to attend training and drills and to fulfil conditions for the purpose of annual training.
15. Annual training.
1. Subject to the provisions of this section, every man of the Territorial Force shall, by way of annual training –
a. Be trained for not less than eight nor more than fifteen, or in the case of the mounted branch eighteen, days every year at such times and at such places in any part of the United Kingdom as may be prescribed, and may for that purpose be called out once or oftener in every year:
b. Attend the number of drills and fulfil the other conditions relating to training prescribed for his arm or branch of the service:
Provided that the requirements of this section may be dispensed with in whole or in part –
i. as respects any unit, by the prescribed general officer; and
ii. as respects an individual man, by his commanding officer subject to any general directions by the prescribed general officer.
2. His Majesty in Council may-
a. Order that the period of annual training in any year of all or part of the Territorial Force be extended, but so that the whole period id annual training be not more than thirty days in any year; or
b. Order that the period of annual training in any year of all or part of the Territorial Force be reduced to such time as to His Majesty may seem fit; or
c. Order that in any year the annual training of all or part of the Territorial Force may be dispensed with.
3. Nothing in this section shall be construed as preventing a man, with his own consent, in addition to annual training, being called up for the purpose of duty or instruction in accordance with orders and regulations under this Part of this Act.
16. Laying of draft Orders in Council relating to training before Parliament.
Before any Order in Council is made under this Act providing for preliminary training or extending the period of annual training the draft thereof shall be laid before each House of Parliament for a period of not less than forty days during the Session of Parliament, and, if either of those Houses before the expiration of forty days presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken, without prejudice to the making of a new draft Order.
Embodiment
17. Embodiment of Territorial Force.
1. Immediately upon and by virtue of the issue of a proclamation ordering the Army Reserve to be called out on permanent service, it shall be lawful for His Majesty to order the Army Council from time to time to give, and when given to revoke or vary, such directions as may seem necessary or proper for embodying all or any part of the Territorial Force, and in particular to make such special arrangements as they think proper with regard to units or individuals whose services may be required in other than a military way.
Provided that, where under any such proclamation directions have been issued for calling out all the men belonging to the first class of Army Reserve, the Army Council shall, within one month after such directions have been issued, issue directions for embodying all the men belonging to the Territorial Force, unless an address has been presented to His Majesty by both Houses of Parliament praying that such directions as last foresaid be not issued, and such directions shall not, unless the emergency so requires, be given until Parliament has had an opportunity of presenting such an address.
2. Whenever, in consequence of the calling out of the whole of the first class of the Army Reserve, directions are required under this section to be given for embodying the Territorial Force, if Parliament be then separated by such adjournment or prorogation as will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit upon the day appointed by such proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogated to the same day.
3. Every order and all directions given under this section shall be obeyed as if enacted in this Act, and, where such directions for the time being direct the embodiment of any part of the Territorial Force, every officer and man belonging to that part shall attend at the place and time fixed by those directions, and after that time shall be deemed to be embodied, and such officers and men are in this Act referred to as embodied or as the embodied part or parts of the Territorial Force.
18. Disembodying of Territorial Force.
1. It shall be lawful for His Majesty by proclamation to order that the Territorial Force be disembodied, and thereupon the Army Council shall give such directions as may seem necessary or proper for carrying the said proclamation into effect.
2. Until any such proclamation of His Majesty has been issued the Army Council may from time to time, as they may think expedient for the public service, give such directions as may seem necessary or proper for disembodying any embodied part of the Territorial Force, and for embodying any part of the Territorial Force not embodied, whether previously disembodied or otherwise.
3. After the date fixed by the directions of disembodiment of any part of the Territorial Force, the officers and men belonging to that part shall be in the position of officers and men of the Territorial Force not embodied.
Notices
19. Services and publication of notices.
Notices required in pursuance of this Part of this Act or of the orders and regulations in force thereunder to be given to men of the Territorial Force shall be served or published in such manner as may be prescribed, and, if so served or published, shall be deemed to be sufficient notice, and every constable and overseer shall, when so required by or on behalf of the Army Council, conform with the orders and regulations for the time being in force under this Part of this Act with respect to the publication and service of notices, and in default shall be liable on conviction under the Summary Jurisdiction Acts to a fine not exceeding twenty pounds.
Offences
20. Punishment for failure to attend on embodiment.
1. Any man of the Territorial Force who without leave lawfully granted, or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at the time and place appointed for assembling on embodiment, shall be guilty, according to the circumstances, of deserting within the meaning of section twelve, or of absenting himself without leave within the meaning of section fifteen, of the Army Act, and shall, whether otherwise subject to military law or not, be liable to be tried by court-martial, and convicted and punished accordingly, and may be taken into military custody.
2. Sections one hundred and fifty-three and one hundred and fifty-four of the Army Act shall apply with respect to deserters and desertion within the meaning of this section in like manner as they apply with respect to deserters and desertion within the meaning of those sections, and any person who, knowing any man of the Territorial Force to be a deserter within the meaning of this section or of the Army Act, employs or continues to employ him, shall be deemed to aid him on concealing himself within the meaning of the first-mentioned section.
3. Where a man of the Territorial Force commits the offence of desertion under this section the time which elapsed between the time of his committing the offence and the time of his apprehension or voluntary surrender shall not be taken into account in reckoning his service for the purpose of discharge.
21. Punishment for failure to fulfil training conditions.
Any man of the Territorial Force who without leave lawfully granted, or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at the time and place appointed for preliminary training, or for annual training, or fails to attend the number of drills and fulfil the other conditions relating to preliminary or annual training prescribed for his arm or branch of the service, shall be liable to forfeit to His Majesty a sum of money not exceeding five pounds recoverable on complaint to a court of summary jurisdiction by the prescribed officer, and any sums recovered by such officer shall be accounted for by him in the prescribed manner.
22. Wrongful sale, etc. of public property.
If any person designedly makes away with, sells or pawns, or wrongfully destroys or damages or negligently loses anything issued to him as an officer or man of the Territorial Force, or wrongfully refuses or neglects to deliver up on demand anything issued to him as an officer or man of the Territorial Force, the value thereof shall be recoverable from him on complaint to a court of summary jurisdiction by the county association; and he shall also, for any such offence of designedly making away with, selling or pawning, or wrongfully destroying as aforesaid, be liable on conviction under the Summary Jurisdiction Act to a fine not exceeding five pounds.
Civil Rights and Exemptions
23. Civil rights and exemptions.
1. The acceptance of a commission as an officer of the Territorial Force shall not vacate the seat of any member returned to serve in Parliament.
2. An officer or man of the Territorial Force shall not be liable to any penalty or punishment for or on account of his absence during the time he is voting at any election of a member to serve in Parliament, or during the time he is going to or returning from such voting.
3. If a sheriff is an officer of the Territorial Force, then during embodiment he shall be discharged from personally performing the office of sheriff, and the under sheriff shall be answerable for the execution of the said office in the name of the high sheriff; and the security given by the under sheriff and his pledges to the high sheriff shall stand as a security to the King and to all persons whomsoever for the due performance of the office of sheriff during such time.
4. An officer or man of the Territorial Force shall not be compelled to serve as a peace officer or parish officer, and shall be exempt from serving on any jury, and a field officer of the Territorial Army shall not be required to serve in the office of high sheriff.
Legal Proceedings
24. Trial of offences and application of penalties.
1. Any offence under this Part of this Act, and any offence under the Army Act if committed by a man of the Territorial Force when not embodied, which is cognizable by a court-martial shall also be cognizable by a court of summary jurisdiction, and on conviction by such a court shall be punishable with imprisonment for a term not exceeding three months or with a fine not exceeding twenty pounds, or with both such imprisonment and fine, but nothing in this provision shall affect the liability of a person charged with any such offence to be taken into military custody.
2. Any offence which under this Part of this Act is punishable on conviction by court-martial, shall for all purposes of and incidental to the arrest, trial and punishment if the offender, including the summary dealing with the case by his commanding officer, be deemed to be an offence under the Army Act, with this modification, that any reference in that Act to forfeiture and stoppages shall be construed to refer to such forfeitures and stoppages as may be prescribed.
3. Any offence which under this Part of this Act is punishable on conviction by a court of summary jurisdiction may be prosecuted, and any fine recoverable on such conviction may be recovered, in manner prescribed by sections one hundred and sixty-six, one hundred and sixty-seven and one hundred and sixty-eight of the Army Act, in like manner as if these sections were herein re-enacted and in terms made applicable to the Part of this Act, subject to the following modifications (namely) –
Every fine imposed under this Part of this Act on a man of the Territorial Force, or recovered on a prosecution instituted under this Part of this Act, shall, notwithstanding anything in any Act or charter or in the said sections to the contrary, be paid to the association of the county for which the man was enlisted.
4. Where a man of the Territorial Force is subject to military law and is illegally absent from his duty, a court of inquiry under section seventy-two of the Army Act may be assembled after the expiration of twenty-one days from the date of such absence, notwithstanding that the period during which he was subject to military law is less than twenty-one days or has expired before the expiration of twenty-one days.
25. Supplemental provisions as to trial of offences.
1. A person charged with an offence which under this Part of this Act is cognizable both by a court-martial and by a court of summary jurisdiction shall not be liable to be tried both by a court-martial and by a court of summary jurisdiction, but may be tried by either of them, as may be prescribed:
Provided that a man who has been dealt with summarily by his commanding officer shall be deemed to have been tried by court-martial.
2. Proceedings against an offender before either a court-martial or his commanding officer, or a court of summary jurisdiction, in respect of an offence punishable under this Part of this Act, and alleged to have been committed by him when a man of the Territorial Force, may be instituted whether the term of his service in the Territorial Force has or has not expired, and may, notwithstanding anything in any other Act, be instituted at any time within two months after the time at which the offence becomes known to his commanding officer if the alleged offender is then apprehended, or, if he is not then apprehended, then within two months after the time at which he is apprehended.
3. Where an offender has on several occasions been guilty of desertion, fraudulent enlistment, or making a false answer, he may for the purposes of any proceedings against him be deemed to belong to any one or more of the corps to which he has been appointed or transferred as well as to the corps to which he properly belongs, and it shall be lawful to charge the offender with any number of the above-mentioned offences at the same time, whether they are offences within the meaning of the Army Act or offences within the meaning of this Part of this Act, and to give evidence of such offences against him, and, if he has been convicted or more than one offence, to punish him accordingly as if he had been previously convicted of any such offence.
26. Evidence.
1. Section one hundred and sixty-four of the Army Act (which relates to evidence of the civil conviction or acquittal of a person subject to military law) shall apply to a man of the Territorial Force who is tried by a civil court, whether he is or is not at the time of such trial subject to military law.
2. Section one hundred and sixty-three of the Army Act (relating to evidence) shall apply to all proceedings under this Part of this Act.
Miscellaneous
27. Exercise of powers vested in holder of military office.
1. Any power or jurisdiction given to, and act or thing to be done by, to, or before any person holding any military office may, in relation to the Territorial Force, be exercised by or done by, to, or before any other person for the time being authorized in that behalf, according to the custom of the Service.
2. Where by this Part of this Act, or by any order or regulation in force under this Part of this Act, any order is authorized to be made by any military authority, such order may be signified by an order, instruction, or letter under the hand of any officer authorized to issue orders on behalf of such military authority, and an order, instruction, or letter purporting to be signed by any officer appearing therein to be so authorized shall be evidence of his being so authorized.
28. Application of enactments.
1. The Army Act shall apply to the Territorial Force and officers and men thereof in like manner as it applies to the Militia, and officers and men of the Militia, except that men of the Territorial Force shall, in addition, be subject to military law when called out on actual military service for purposes of defence, and shall be liable to dismissal as punishment, and for that purpose the amendments contained in the First Schedule to this Act shall be made in the Army Act.
2. For the purposes of section one hundred and forty-three of the Army Act and of all other enactments relating to such duties, tolls, and ferries as are in that section mentioned, officers and men belonging to the Territorial Force, when going to or returning from any place at which they are required to attend, and for non-attendance at which they are liable to be punished, shall be deemed to be officers and soldiers of the regular forces on duty.
3. His Majesty may by Order in Council apply, with the necessary adaptations, to the Territorial Force or the officers or men belonging to that force any enactment relating to the Militia, Yeomanry, or Volunteers, or officers or men of the Militia, Yeomanry, or Volunteers, other than enactments with respect to the raising, service, pay, discipline, or government of the Militia, Yeomanry, or Volunteers, and every such order in council shall be laid before both Houses of Parliament.
Transitory
29. Transitory provisions.
1. Where an association has been established under this Act for any county His Majesty may by Order in Council transfer to the Territorial Force such units of the Yeomanry and Volunteers or part thereof raised in the county as may be specified in the Order, and every such unit or part thereof shall from the date mentioned in the Order be deemed to have been lawfully formed under this Part of this Act as an unit of the Territorial Force as provided by the Order, and the provisions of this Part of this Act shall apply to it accordingly.
2. Every officer and man of an unit or part thereof mentioned in any such Order shall, from the date mentioned in that Order, be deemed to be an officer or man of the Territorial Force. Provided that nothing in this section or in any Order made thereunder shall, without his consent, affect the conditions or area of service of any person commissioned, enlisted, or enrolled before the passing of this Act.
3. An Order in Council under this section may provide –
a. For the application to officers and men who become subject thereto of the provisions of this Act as to conditions and area of service and for the continuance of the application to officers and men who remain subject thereto of the provisions as to conditions and area of service previously in force as respects those officers and men:
b. For transferring to the association any property vested in a Secretary of State for the purposes of any unit to which the Order relates:
c. For transferring to the association any property belonging to or held for the benefit of any such unit, so, however, that all property so transferred shall, as from the date of the transfer, be held by the association for the benefit in like manner of the corresponding unit of the Territorial Force or for other such purposes as the association, with the consent of such corresponding units, to be ascertained in the prescribed manner, shall direct; and any question which may arise as to whether any property is transferred to an association, or as to the trusts or purposes upon or for which it is or ought to be held, shall be referred for the decision of a Secretary of State whose decision shall be final. The corresponding unit of the Territorial Force shall, in the event of any such transfer, become entitled, notwithstanding the terms of any trust, limitation, or condition affecting the property so transferred to the estate or interest in such property of the unit to the property of which the order relates; but, subject to this provision, the interest of any beneficiary other than such unit shall not, without the consent of such beneficiary, be affected. The order may, if it be deemed proper, having regard to the special circumstances of any case, provide for the appointment of special trustees to act together with or to the exclusion of the association in regard to any such property and such special trustees may be the existing trustees of such property:
d. For transferring to the association any liabilities of any such unit which the association is willing to assume, and providing for the discharge of any such liabilities which are so transferred:
e. For transferring to the association any land or interest in land acquired by the council of a county or borough on behalf of any volunteer corps to which the order relates, and any outstanding liabilities of the council incurred in respect thereof, if the council and the association consent:
and may contain such supplemental, consequential, and incidental provisions as may appear necessary or proper for the purposes of the Order.
4. Every Order in Council made under this section shall be laid before both Houses of Parliament.
Part III
RESERVE FORCES
30. Enlistment and terms of service of special reservists, 45 & 46 Vict. C. 48.
1. The power of enlisting men into the first class of the army reserve under the Reserve Forces Act, 1882, shall extend to the enlistment of men who have not served in His Majesty’s regular forces, and men so enlisted who have not served in the regular forces are in the Part of this Act referred to as special reservists, and a special reservist may be re-engaged, and when re-engaged shall continue subject to the terms of service applicable to special reservists.
2. A special reservist may, in addition to being called out for annual training, be called out for a special course or special courses of training at such place or places within the United Kingdom at such time or times and for such period or periods, not exceeding in the whole six months, as may be prescribed, in like manner and subject to the like conditions as he may be called out for annual training, and may during any such course be attached to or trained with any body of His Majesty’s forces.
3. Notwithstanding the provisions of section eleven of the Reserve Forces Act, 1882, any special reservists may be called out for annual training for such period or periods as may be prescribed by any order or regulations under the Reserve Forces Act, 1882.
4. Provided that where one of the conditions on which a man was enlisted or re-engaged is that he shall not be called out for training, whether special or annual, for a longer period than the period specified in his attestation paper, he shall not be liable under this section to be called out for any longer period.
5. Where a proclamation ordering the army reserve to be called out on permanent service has been issued, it shall be lawful for His Majesty at any time thereafter by proclamation to order that all special reservists shall cease to be so called out, and thereupon a Secretary of State shall give such directions as may seem necessary or proper for carrying the said proclamation into effect.
6. A special reservist who enlists into the regular forces shall upon such enlistment be deemed to be discharged from the army reserve.
31. Agreements as to extension of service.
A Secretary of State may, by regulations under the Reserve Forces Act, 1882, authorize any special reservist having the qualifications prescribed by those regulations to agree in writing that, if the time when he would otherwise be entitled to be discharged occurs whilst he is called out on permanent service, he will continue to serve until the expiration of a period, whether definite or indefinite, specified in the agreement, and, if any man who enters into such an agreement is so called out he shall be liable to be detained in service for the period specified in his agreement in the same manner in all respects as if he his term of service were still unexpired.
32. Liability of reservists to be called out.
1. A special reservist shall, if he so agrees in writing, be liable during the whole of his service in the army reserve, or during such part of that service as he so agrees, to be called out on permanent service without such proclamation or communication to Parliament as is mentioned in section twelve of the Reserve Forces Act, 1882, and the calling out of men under this section shall not involve the meeting of Parliament as required by section thirteen of that Act:
Provided that-
a. The number of men so liable shall not at any time exceed four thousand:
b. The power of calling out of men under this section shall not be exercised except when they are required for service outside the United Kingdom when war-like operations are in preparation or in progress:
c. Any agreement under this section may provide for the revocation thereof by such notice in writing as may be therein stated:
d. Any exercise of the power of calling out men under this section shall be reported to Parliament as soon as may be:
e. The number of men for the time being called out under this section shall not be reckoned in the number of the forces authorized by the Annual Army Act for the time being in force.
2. Six thousand shall be substituted for five thousand as the maximum number of men liable to be called out under section one of the Reserve Forces and Militia Act, 1898, and the liability to be called out under that section may, if so agreed, extend to the first two years of a man’s service in the first class of the army reserve.
3. In paragraph (5) of section one hundred and seventy-six of the Army Act the words “under His Majesty’s proclamation” shall be repealed.
33. Power to form battalions, etc. of reservists.
Orders and regulations under the Reserve Forces Act, 1882, may provide for the formation of special reservists into regiments, battalions or other military bodies, and for the formation of such regiments, battalions or other military bodies into corps, either alone or jointly with any other part of His Majesty’s forces, and for appointing, transferring, or attaching special reservists to such corps, and for posting, attaching, or otherwise dealing with special reservists within such corps.
34. Transfer of Militia battalions to reserve.
1. His Majesty may by Order in Council transfer to the Army Reserve such battalions of the Militia as may be specified in the order, and every battalion so transferred shall from the date mentioned in the order be deemed to have been lawfully formed under this Part of this Act as a battalion of special reservists.
2. As from the said date every officer of any battalion so transferred shall be deemed to be an officer in the reserve of officers, and every man in such battalion shall be deemed to be a special reservist, and the order may contain such provisions as may seem necessary for applying the provisions of the Reserve Forces Acts, 1882 to 1906, as amended by this Act, to those officers and men:
Provided that, unless any officer or man in any battalion so transferred indicates his assent to such transfer certified by his commanding officer, nothing in the order shall affect his existing conditions of service.
3. All Orders in Council made under this section shall be laid before both Houses of Parliament.
35. Amendment of 45 & 46 Vict. C. 48, s. 6 (4).
Subsection (4) of section six of the Reserve Forces Act, 1882, which makes a certificate purporting to be signed by an officer appointed to pay men belonging to the army reserve evidence in certain cases, shall, where a person other than an officer is appointed to pay men belonging to the army reserve, apply to certificates purporting to be signed by such person.
36. Commissions reserve of officers not to vacate seat in Parliament.
The acceptance of a commission as an officer in the reserve of officers shall not vacate the seat of any member returned to serve in Parliament.
Part IV
SUPPLEMENTAL
37. Provisions as to orders, schemes, and regulations.
1. Every Order in Council or scheme required by this Act to be laid before each House of Parliament shall be so laid within forty days next after it is made, if Parliament is then sitting, if not, within forty days after the commencement of the then next ensuing session; and, if an address is presented to His Majesty by either House of Parliament within the next subsequent forty days, praying that any such order or scheme may be annulled, His Majesty may thereupon by Order in Council annual the same, and the order or scheme so annulled shall thenceforth become void and of no effect, but without prejudice to the validity of any proceedings which may in the meantime have been taken under the same.
2. All Orders in Council, orders, schemes, and regulations made under this Act may be varied or revoked by subsequent Orders in Council, orders, schemes, and regulations made in the like manner and subject to the like conditions.
38. Definitions.
The expression “county” means a county or riding of a county for which a lieutenant is appointed, and includes the City of London; and each county of a city or county of a town mentioned in the first column of the Second Schedule to this Act shall be deemed to form part of the county set opposite thereto in the second column of that schedule;
The expression “man of the Territorial Force” includes a non-commissioned officer;
The expression “prescribed” means prescribed by orders or regulations;
Other expressions have the same meaning as in the Army Act.
39. Special provisions as to special places.
1. The Lord Warden of the Cinque Ports may ex-officio be a member of the association of the county of Kent or of the county of Sussex, or both, as may be provided by schemes under this Act.
2. The Warden of the Stannaries may ex-officio be a member of the association of the county of Cornwall or of the county of Devon, or of both, as may be provided by the schemes under this Act.
3. The Lord Mayor of the City of London shall ex-officio be president of the association of the City of London.
4. The Governor or Deputy Governor of the Isle of Wight shall ex-officio be a member of the association of the county of Southampton.
5. Nothing in this Act shall affect the raising and levying of the Trophy Tax as heretofore in the City of London, but the proceeds of the Tax so levied may be applied by His Majesty’s Commissioners of Lieutenancy for the City of London, if the Royal London Militia Battalion is re-constituted as a battalion of the Army Reserve, for any purposes connected with that battalion, and may also, if His Majesty’s Commissioners of Lieutenancy for the City of London is their discretion see fit, be applied for the purposes of any of the powers and duties of the association of the City of London under this Act.
40. Application to Scotland and the Isle of Man.
1. In the application of this Act to Scotland the following modifications shall be made:-
a. This Act shall apply to a county or a city in like manner as to any other county: Provided that on the representation or with the consent of the corporation of any county of a city it shall be lawful for His Majesty, by order signified under the hand of a Secretary of State, at any time after the passing of this Act, to declare that such county of a city shall for the purposes of this Act be deemed to form part of the county set opposite thereto in the second column of the Third Schedule to this Act and to provide for all matters which may appear necessary or proper for giving full effect to the order;
b. The expression “county borough council” means the town council of a royal, parliamentary, or police burgh with a population of or exceeding twenty thousand according to the census for the time being last taken;
c. The expression “land” includes heritages;
d. The expression “overseer” means an inspector of poor.
2. This Act shall apply to the Isle of Man as if it formed part of, and were included in the expression the United Kingdom, subject to the following modifications:-
a. The Isle of Man shall be deemed to be a separate county;
b. References to the Governor of the Island shall be substituted for references to the lieutenant of a county;
c. References to a High Bailiff or two justices of the peace and to conviction by such Bailiff or justices shall be substituted for references to a court of summary jurisdiction and to conviction under the Summary Jurisdiction Acts;
d. References to the Tynwald Court shall be substituted for references to Parliament in the section of this Act relating to civil rights and exemptions.
41. Short title.
This Act may be cited as the Territorial and Reserve Forces Act, 1907, and so far as it relates to the reserve forces may be cited with the Reserve Forces Acts, 1882 to 1906, as the Reserve Forces Acts, 1882 to 1907.
SCHEDULES
FIRST SCHEDULE
AMENDMENT OF ARMY ACT
| Section | Amendment |
| S. 13 (1) (a) and (b) | After the word “Militia” there shall be inserted the words “or Territorial Force.” |
| S. 115 (7) | After the words “whenever” there shall be inserted the words “a proclamation ordering the Army Reserve to be called out on permanent service or” |
| S. 115 (8) | After the words “then if” there shall be inserted the words “a proclamation ordering the Army Reserve to be called out on permanent service or” |
| S. 175 | After paragraph (3) there shall be inserted the following paragraph :–
“(3a) Officers of the Territorial Force other than members of the permanent staff” |
| S. 176 | After paragraph (6) there shall be inserted the following paragraph :-
“6(a) All non-commissioned officers and men belonging to the Territorial Force – (a) When they are being trained or exercised, either alone or with any portion of the regular forces or otherwise; and (b) When attached to or otherwise acting as part of or with any regular forces; and (c) When embodied; and (d) When called out for actual military service for purposes of defence in pursuance of any agreement.” |
| S. 181 (4) | The words “the unit if the Territorial Force” shall be inserted after the words “officer commanding,” where those words first occur, and the words “an unit of the Territorial Force,” shall be inserted after those words where they secondly occur, and the words “Territorial Force,” shall be inserted after the words “an officer, non-commissioned officer, or man of the” |
| S. 181 (4) (a) | After the word “any” there shall be inserted the words “man of the Territorial Force or” |
| S. 181 (4) (b) and (c) | The word “Militia” shall be repealed in both places where that word occurs and the words “of the Territorial Force or Militia” shall be inserted after the word “man” in both places where it occurs. |
| S. 181 (6) | After the word “Volunteers” there shall be inserted the words “of the Territorial Force.” |
| S. 181 (12) | After the word “means” there shall be inserted the words “the Territorial Force.” |
SECOND SCHEDULE
| Name of Cities and Towns | County |
| ENGLAND | |
| County of the city of Chester | Chester |
| County of the city of Exeter | Devon |
| County of the city of Gloucester | Gloucester |
| County of the city of Bristol | Gloucester |
| County of the city of Canterbury | Kent |
| County of the city of Lincoln | Lincoln |
| County of the city of Norwich | Norfolk |
| County of the town of Newcastle-upon-Tyne | Northumberland |
| Borough and town of Berwick-upon-Tweed | Northumberland |
| County of the town of Nottingham | Nottingham |
| County of the town of Southampton | Southampton |
| County of the city of Lichfield | Stafford |
| County of the city of Worcester | Worcester |
| County of the city of York | West Riding of York |
| County of the town of Kingston-upon-Hull | East Riding of York |
| County of the town of Carmarthen | Carmarthen |
| County of the town of Haverfordwest | Pembroke |
| IRELAND | |
| County of the city of Waterford | Waterford |
| County of the town of Londonderry | Londonderry |
THIRD SCHEDULE
SCOTLAND
| Name of County of City | County |
| County of the city of Edinburgh | Edinburgh |
| County of the city of Glasgow | Lanark |
| County of the city of Dundee | Forfar |
| County of the city of Aberdeen | Aberdeen |