
1 

(1) This Order may be cited
as the Defence (Transfer of Functions) (No. 2) Order 1964.
(2) The Interpretation Act 1889
shall apply for the interpretation of this Order as it applies for the interpretation
of an Act of Parliament.
(3) This Order shall come into
operation on the 1st April 1964, being the appointed day for the purposes
of the Defence (Transfer of Functions)
Act 1964.
2 

(1) In the instruments mentioned
in Part I of the Schedule
to this Order there shall be made the amendments specified in relation to
them in the second column of the Schedule.

(2) The instruments mentioned
in Part II of the Schedule
to this Order shall be revoked to the extent specified in the third column
of the Schedule.

W. G. Agnew

SCHEDULE
PART I

Instrument Amendment
Order in Council making Regulations as to Registration as
British Ships of Vessels in the Service of the Admiralty, S.R. & O. 1911/338 (Rev.XIV,
p. 51: 1911, p. 238). For references to the service of the Admiralty there shall
be substituted references to the service of the Ministry of Defence, and save
as is otherwise hereinafter provided, for references to the Admiralty, and
for references to the Lords Commissioners of the Admiralty, there shall be
substituted references to the Secretary of State for Defence.
 In Article 1—

 (a) for the words from “the Secretary or Assistant Secretary” to the
words “of the Admiralty)” there shall
be substituted the words “an Under Secretary of State
of the Ministry of Defence”.
 (b) for the words “by or for the Admiralty”, in both places there
shall be substituted the words “by or for the Ministry
of Defence”.
 In Article 2,
for the reference to the Commissioners for executing the Office of Lord High
Admiral of the United Kingdom of Great Britain and Ireland there shall be
substituted a reference to the Secretary of State for Defence.
 In Article 4,
for the words from “any two of” to the
words “the transferors” there shall be
substituted the words “the Secretary of State for Defence
shall be the transferor”.
 In Article 5,
for the words “the Secretary or Assistant Secretary
of the Lords Commissioners of the Admiralty” there shall be
substituted the words “an Under Secretary of State
of the Ministry of Defence”.
 In Article 6,
for the reference to the Secretary of the Admiralty there shall be substituted
a reference to the Secretary of State for Defence.
The Royal Warrant dated the 29th January 1929 providing
for the restoration of forfeited Air Force pensions. For the words “who is President of
the Air Council” there shall be substituted the words “for Defence”.
The Motor Vehicles (Variation of Speed
Limit) Regulations 1947, S.R. & O. 1947/2192
(Rev. XX, p. 380: 1947 I, p. 1982). In Regulation 3,
for the words “the Admiralty, the War Department or
the Air Ministry” there shall be substituted the words “the Secretary of State for Defence”.
The National Insurance (Members of
the Forces) Regulations 1949, as amended by
the National Insurance (Members of the Forces)
Amendment Regulations 1961, S.I. 1949/875,
1961/2352 (1949 I, p. 2731 ; 1961 III, p. 4345). In Regulation 5A(2),
for the words “force or organisation under the control
of the Admiralty” there shall be substituted the words “naval or marine force or organisation mentioned in the said
First Schedule”.
The National Service (Transfer during
Part-time Service) Regulations 1949, S.I. 1949/1447
(1949 I, p. 2818). For Regulation 4
there shall be substituted the following Regulation:—“
4 
Any direction which under these Regulations
may be given by the Defence Council may be given by any person authorised
by the Defence Council to give that direction.”.
 For Regulations 5, 6 and 7
there shall be substituted the following Regulation:—“
5 
A national service man serving in the
Royal Naval Special Reserve, the Territorial Army, the Army Reserve or the
Air Force Reserve may, if the Defence Council so direct, be transferred to
another of those forces.”.
 In Regulation 8,
for the words “
paragraphs 5, 6 or 7” there shall
be substituted the words “
Regulation 5”.
 For Regulations 9, 10 and 11
there shall be substituted the following Regulation:—“
9 
A volunteer serving in the Royal Naval
Reserve, the Royal Naval Volunteer Reserve, the Royal Marine Forces Volunteer
Reserve, the Territorial Army, the Army Reserve, the Royal Air Force Volunteer
Reserve or the Royal Auxiliary Air Force may at his request, and if the Defence
Council so direct, be transferred to serve as a volunteer in another of those
forces.”.
 In Regulation 12,
for the words “
paragraphs 9, 10 or 11” there
shall be substituted the words “
Regulation 9”.
The Courts-Martial Appeal Rules 1952
, S.I. 1952/194 (1952 I, p. 648). In Rules 3 and 6(1),
for the words “appropriate authority”,
there shall be substituted the words “Defence Council”
.
 In Rule 9,
for the word “Admiralty”, in both places
there shall be substituted the words “Defence Council”
.
 In Rule 12,
the words “Admiralty or” shall be omitted.

 In Rule 17,
the words “the Admiralty or” shall be
omitted.
 In Rule 18(2),
for the words “Admiralty or Secretary of State as the
case may be”, in both places there shall be substituted the
words “Secretary of State”.
Rules of Procedure (Army) 1956
, S.I. 1956/162 (1956 I, p. 213). In Rule 101(2)
the words “to the Army Council” shall
be omitted.
 In Schedule 7
in the form of “Appeal Petition to the Army Council
(after promulgation)” in the title and in the form for the words “Army Council” there shall be substituted the
words “Army Board” and the following
note shall be inserted at the end of the form—“
The appeal petition may if desired
be addressed to the Defence Council. The Army Board is however empowered to
deal with appeal petitions even if they are so addressed (
s. 1(5) Defence (Transfer of Functions)
Act 1964).
”.
Rules of Procedure (Air Force)
1956, S.I. 1956/163 (1956 II, p. 2020). In Rule 101(2)
the words “to the Air Council” shall
be omitted.
 In Schedule 7
in the form of “Appeal Petition to the Air Council
(after promulgation)” in the title and in the form for the words “Air Council” there shall be substituted the
words “Air Force Board” and the following
note shall be inserted at the end of the form—“
The appeal petition may if desired
be addressed to the Defence Council. The Air Force Board is however empowered
to deal with appeal petitions even if they are so addressed (
s. 1(5) Defence (Transfer of Functions)
Act 1964).
”.
The Navy and Marines (Property of
Deceased) Order 1956, S.I. 1956/1217 (1956
II, p. 2176). In Article 6,
for the words “stamped with the official seal of the
Admiralty” there shall be substituted the words 
“officially stamped”.
The Imprisonment and Detention (Army)
Rules 1956, S.I. 1956/1914 (1956 I, p. 310).
 In Rule 2(2)—
(a) in the definition
of “air-force establishment” for the words “for
Air” there shall be substituted the words 
“maintained for the air force service”;
 (b) in the definition
of “naval establishment” for the word “Admiralty”
 there shall be substituted the words “Secretary
of State maintained for the naval service”.
The Imprisonment and Detention (Air
Force) Rules 1956, S.I. 1956/1981 (1956 II,
p. 2118). In Rule 2(2)—
(a) in the definition
of “military establishment” for the words “for
War” there shall be substituted the words 
“maintained for the military service”;
 (b) in the definition
of “naval establishment” for the word “Admiralty”
 there shall be substituted the words “Secretary
of State maintained for the naval service”.
The Naval Courts-Martial (Procedure)
Order 1957, S.I. 1957/2225 (1957 II, p. 2198).
 For each reference to the Admiralty a reference to the Defence
Council shall be substituted, and in Article 2240
of the Schedule
 the references to Queen's Regulations and
Admiralty Instructions and to Admiralty Fleet Orders shall include references
to Queen's Regulations for the naval forces and to Defence Council Instructions.

The Naval Detention Quarters Rules
1959, S.I. 1959/61 (1959 II, p. 2436). In Rule 2(2),
in the definitions of “naval detention quarters”
 and “commanding officer”, and
in Rules 5, 6, 37 and 90,
for the references to the Admiralty there shall be substituted references
to the Secretary of State.
 In Rules 40 and 42
the words “and Admiralty Instructions”
shall be omitted.
 Save as aforesaid for references to the Admiralty there
shall be substituted references to the Defence Council.
The Execution of Sentences of Death
(Navy) Regulations 1959, S.I. 1959/62 (1959
II, p. 2427). In Regulations 5(1)
and 11(2),
for the references to the Admiralty there shall be substituted references
to the Defence Council.
The Air Navigation (Investigation
of Combined Military and Civil Air Accidents) Regulations 1959
as amended by the Air Navigation (Investigation
of Combined Military and Civil Air Accidents) (Amendment) Regulations 1960
, S.I. 1959/1388, 1960/1526 (1959 I, p. 671;
1960 I, p. 708). In Regulation 3(2)(c)
the words “the Admiralty,” shall be omitted.
In Regulation 4,
the words “any one or more of the following authorities,
that is to say, the Admiralty,” shall be omitted in both places
and for the words “acting jointly with any one or more
of them, the Admiralty,” there shall be substituted the words “acting jointly with”.
The Air Navigation Order 1960,
S.I. 1960/972 (1960 I, p. 599). In Articles 56(3)
and 77(4),
for the reference to Air Ministry Flying Orders there shall be substituted
a reference to Ministry of Defence Flying Orders.
The Teachers Superannuation (Royal
Air Force (Civilian)) Scheme 1961, S.I. 1961/2418
(1961 III, p. 4468). In Clause 2(2), for the definition of 
“Royal Air Force teaching service” there shall be substituted
the following definition:—“

 “Royal Air Force teaching
service” means full-time service
in the employment of the Ministry of Defence in the capacity of a civilian
teacher with the Royal Air Force.
”.
The Road Vehicles Lighting Regulations
1964, S.I. 1964/205 (1964 I, p. 345). In Regulation 8(2)(b),
for the words “the Admiralty, the War Department, the
Air Ministry” there shall be substituted the words 
“the Secretary of State for Defence”.
PART II

Reference Title or Description
 Extent of Revocation

S.R. & O. 1918/658
(Rev. XIV, p. 67: 1918 I, p. 525). Order in Council making Regulations as to Registration as
British Ships of Vessels in the Service of the war Department. The whole
S.R. & O. 1925/510 (Rev. XIV, p. 57: 1925, p. 1076).
 The Air Council Ships (Application
of Enactments) Order 1925. The whole
S.R. & O. 1938/136 (Rev. I, p. 1329: 1938 I, p. 72).
 The Aircraft (Wreck and Salvage) Order
1938. Article 2(i)
S.I. 1951/144 (1951 I, p. 64). The Air Council (Membership, Business,
&c.) Order 1951. The whole