Volunteer Act 1863
In order to carry into effect the recommendations of the commission, and to replace the 1804 legislation, the Volunteer Act 1863 (26 & 27 Vict. C.65) was passed.
Part I of the Act dealt with the organisation of the Volunteer Force. It became lawful for “Her Majesty to accept the services of persons desiring to be formed under the Act into a Volunteer Corps, and offering their services to her Majesty through the Lieutenant of a County”. On acceptance, the corps would be deemed lawfully formed. Existing corps were to continue under the new Act, although the power was given to the crown to disband any corps. The constitution of a permanent staff consisting of an adjutant and serjeant instructors was permitted for each corps. The grouping of two or more corps into administrative regiments was recognised, and a permanent staff could be provided for the grouping. However the individual corps were to continue to exist. As in the earlier legislation, a volunteer could resign with fourteen days notice, with the addition that if a commanding officer refused to remove a volunteer from the roll of the corps, then he could appeal to two justices of the peace of the county. An annual inspection by an officer of the regular army was instituted, and efficiency standards were to be set by Order in Council, as were regulations for governing the Force. The lord-lieutenant of a county, or the commanding officer of a corps or administrative regiment was empowered to appoint a court of inquiry into any corps, officer, non-commissioned officer or volunteer.
Part II of the Act dealt with “Actual Military Service”. The terms for calling out of the force were altered: this would now happen in “the case of actual or apprehended invasion of any part of the United Kingdom (the occasion being first communicated to both Houses of Parliament if parliament is sitting, or declared in council and notified by proclamation if parliament is not sitting.)” As well as being entitled to pay and billets, relief was also to be given to the wives and families of volunteers. A bounty of one guinea was to be paid to volunteers on release from actual military service, such release being notified in order by writing by the lord-lieutenant. If disabled on service, officers and volunteers were to receive a pension.
Part III dealt with discipline and part IV with the rules and property of the corps.
Part V dealt with the process of acquiring land for shooting ranges. Apart from the corps taking ownership of the land, a municipal corporation or private company could grant a licence to the volunteers to use their land for the purpose. Justices of the peace were given the power to close rights of way adjacent to ranges.
The Act concluded by defining the counties to which the corps were to belong: for the purposes of the Act the Isle of Wight, the Tower Hamlets and the Cinque Ports were separate counties, with the Governor of the Isle of Wight, the Constable of the Tower of London and the Lord Warden of the Cinque Ports commissioning officers in place of the lord-lieutenant. The Isle of Man was also to dealt with as if it were a county of England, with the Lieutenant-Governor performing the same role as a county lord-lieutenant.
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