Armed Forces Act 1996

Prospective

12 (1) Section 57 of the 1968 Act (interpretation) shall be amended as follows. E+W+S+N.I.

(2) In subsection (1)—

(a) before the definition of “the Air Force Act" there shall be inserted the following definition—

““admission order” has the same meaning as in the relevant Service Act;”;

(b) after the definition of “appellant" there shall be inserted the following definition—

““the appropriate mental health legislation” means—

(a) in a case where an order is treated as if it had been made by a civil court in England and Wales, the M1 Mental Health Act 1983;

(b) in a case where an order is treated as if it had been made by a civil court in Scotland, the M2 Mental Health (Scotland) Act 1984 and Part VI of the M3 Criminal Procedure (Scotland) Act 1995;

(c) in a case where an order is treated as if it had been made by a civil court in Northern Ireland, the M4 Mental Health (Northern Ireland) Order 1986;”;

(c) after the definition of “army court-martial" there shall be inserted the following definition—

““civil court” has the same meaning as in the relevant Service Act;”;

(d) after the definition of “court-martial;" there shall be inserted the following definition—

““duly approved” means—

(a) approved for the purposes of section 12 of the M5 Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act);

(b) approved for the purposes of section 20 or 39 of the M6 Mental Health (Scotland) Act 1984 by a Health Board as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act); or

(c) appointed for the purposes of Part II of the M7 Mental Health (Northern Ireland) Order 1986 by the Mental Health Commission for Northern Ireland;”;

(e) after the definition of “enactment" there shall be inserted the following definition—

““guardianship order” has the same meaning as in the relevant Service Act;”;

(f) at the end there shall be inserted the following definition—

• ““supervision and treatment order” has the same meaning as in the relevant Service Act.”

(3) After subsection (2) there shall be inserted the following subsections—

“(2A) For the purposes of the provisions of sections 16, 23 and 23A of this Act which permit the Appeal Court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (2B) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the Appeal Court may require the signatory of any such report to be called to give oral evidence.

(2B) Where, in pursuance of a direction of the Appeal Court, any such report is tendered in evidence otherwise than by or on behalf of the appellant, then—

(a) if the appellant is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;

(b) if the appellant is not so represented, the substance of the report shall be disclosed to him; and

(c) the appellant may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the appellant or on his behalf.”

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M1 1983 c. 20.

M2 1984 c. 36.

M3 1995 c. 43.

M4 S.I. 1986/595 (N.I. 4).

M5 1983 c. 20.

M6 1984 c. 36.

M7 S.I. 1986/595 (N.I. 4).