Page:Visiting Forces Act 1952 (UKPGA Geo6and1Eliz2-15-16-67 qp).pdf/15

Part I—cont.

(b) a person, not being a citizen of the United Kingdom and Colonies or ordinarily resident in the United Kingdom, but being a dependant of a member of that visiting force or of a civilian component of that force.

(3) In determining for the purposes of any provision in this Part of this Act whether a person is, or was at any time, ordinarily resident in the United Kingdom, no account shall be taken of any period during which he has been or intends to be present in the United Kingdom while being a member of a visiting force or of a civilian component of such a force, or while being a dependant of a member of a visiting force or of such a civilian component.

(4) In this section the expression “dependant”, in relation to a person, means any of the following, that is to say—

(a) the wife or husband of that person; and

(b) any other person wholly or mainly maintained by him or in his custody, charge or care.

Part II
Deserters and Absentees Without Leave

Apprehension and disposal of deserters and absentees without leave. 13.—(1) Subject to the provisions of this section, paragraphs (1) to (4) and (9) of section one hundred and fifty-four of the Army Act (which relates to the apprehension and delivery into military custody of deserters and absentees without leave) shall within the United Kingdom apply in relation to deserters and absentees without leave from the forces of any country to which this section applies as they apply in relation to deserters and absentees without leave within the meaning of that section:

Provided that the said paragraph (9) (which, in the case of a person surrendering himself as, and appearing on inquiry to be, a deserter or absentee without leave, authorises a police officer to deliver him into military custody and in such case requires the officer to issue a certificate as to the fact, date and place of surrender) shall so apply as if the words from "and in such case " to the end of the paragraph were omitted.

(2) The powers conferred by paragraphs (1), (2) and (9) of the said section one hundred and fifty-four as applied by the last foregoing subsection shall not be exercised in relation to a person except in compliance with a request (whether specific or general) of the appropriate authority of the country to which he belongs.

(3) References in the said paragraphs (4) and (9), as applied by subsection (1) of this section, to the delivery of a person into military custody shall be construed as references to the handing over of that person to such authority of the country to which he belongs, and at such place in the United Kingdom, as may be designated by the appropriate authority of that country.

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