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Section 158

Forfeitures and deductions: general provisions

of Armed Forces Act 1972

ActIn forceProvision 173 of 237
Section 158
(1)

No forfeiture of the pay of an officer or serviceman shall be imposed unless authorized by this Act or some other Act and no deduction from such pay shall be made unless so authorized or authorized by Pay and Allowances Regulations.

Armed Forces 143

(2)

Pay and Allowances Regulations shall not authorize the making of any penal deduction, that is to say, a deduction to be made by reason of the commission of any offence or other wrongful act or in consequence of any negligence.

(3)

The foregoing provisions of this section shall not prevent the making of Pay and Allowances Regulations providing for the imposition of any forfeiture authorized by this Act or the making of any deduction so authorized or for the time at which and the manner in which sums may be deducted from pay to give effect to authorized deductions or the manner in which amounts may be so deducted in order to recover any fine imposed in pursuance of this Act, or as to the appropriation of any such sum or amount when deducted, or of providing for the determination of questions relating to forfeitures or deductions.

(4)

Notwithstanding any deduction from the pay of an officer or serviceman, he shall (subject to any forfeiture) remain in receipt of pay at not less than such minimum rate as may be prescribed by or under

Pay and Allowances Regulations.

(5)

Notwithstanding that forfeiture of pay of an officer or serviceman for any period has been ordered in pursuance of this Act, he shall remain in receipt of pay at such minimum rate as aforesaid but the amount received for that period may be recovered from him by deduction from pay.

(6)

Any amount authorized to be deducted from the pay of an officer or serviceman may be deducted from any balance (whether or not representing pay) which may be due to him as an officer or serviceman, and references in this Act to the making of deductions from pay shall be construed accordingly, and the whole or any part of any sum forfeited from an offender’s pay may be recovered by deduction from any such balance.