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Armed Forces Discipline Act 2000

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Naval Discipline Act 1957 (c.53)E+W+S+N.I.

6In section 38 of the 1957 Act (offences in relation to courts-martial) after subsection (3C) there is inserted—E+W+S+N.I.

(4)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial or to a member of a court-martial include references to a judicial officer or a person appointed under section 75L of the Army Act 1955 or section 75L of the Air Force Act 1955 and, in relation to an offence committed in relation to a judicial officer, subsection (3) of this section shall have effect as if—

(a)references to a court-martial were references to the judicial officer, and

(b)the words “under the hand of the president” were omitted.

7Section 46 of the 1957 Act is omitted.E+W+S+N.I.

8(1)Section 52E of the 1957 Act (commanding officers) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “charged with” there is inserted “ , or in custody in connection with, ”, and

(b)after “the offence” there is inserted “ , while he is in custody in connection with it ”.

(3)In subsection (2)(a) for “an accused” there is substituted “ a person charged with, or in custody in connection with, an offence ”.

(4)After subsection (3) there is inserted—

(3A)Subsection (2)(b) above is without prejudice to section 47F(1)(a) of this Act.

9In section 65 of the 1957 Act (contempt of court-martial by civilians) after subsection (5) there is inserted—E+W+S+N.I.

(6)References in subsections (1) and (3) above to a court-martial or its president include references to a judicial officer.

10In section 116 of the 1957 Act (application to deserters etc. from Commonwealth and colonial naval forces) in subsection (1) after “arrest” there is inserted “ , custody ”.E+W+S+N.I.

11In section 135(1) of the 1957 Act (general interpretation)—E+W+S+N.I.

(a)in the definition of “the commanding officer” after “charged with” there is inserted “ , or in custody in connection with, ”,

(b)after the definition of “the judge advocate” there is inserted—

judicial officer” means a person appointed under section 47M of this Act;,

and

(c)after the definition of “Queen’s Regulations” there is inserted—

the relevant time” in relation to a person arrested under section 45 of this Act, means the time of the arrest;.

12After paragraph 3 of Schedule 4 to the 1957 Act (application of Act to certain civilians) there is inserted—E+W+S+N.I.

3AIn relation to persons to whom Part II of this Act applies by virtue of section 118 of this Act, sections 47A to 47E of this Act shall have effect with the substitution of references to paragraph 3 of this Schedule for references to section 45 of this Act.

3BIn relation to such persons—

(a)section 47K(2)(b) of this Act shall have effect with the omission of the words from the beginning to “(5) of this Act”, and

(b)section 47L(6) of this Act shall have effect with the omission of paragraph (a).

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