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Armed Forces Discipline Act 2000

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This is the original version (as it was originally enacted).

17Constitution of court for appeals

This section has no associated Explanatory Notes

(1)After section 83ZC of each of the 1955 Acts there is inserted—

83ZDConstitution of summary appeal court for appeals

(1)For the purpose of hearing an appeal, the summary appeal court shall consist of—

(a)one of the judge advocates appointed under section 83ZB of this Act, and

(b)two officers qualified under section 83ZC of this Act for membership of the court.

(2)Subsection (1) above has effect subject to any provision made by virtue of section 83ZJ of this Act.

(3)The judge advocate for any appeal shall be specified by or on behalf of the Judge Advocate General.

(4)The other members of the court for any appeal shall be specified by or on behalf of the court administration officer.

(2)After section 52FH of the 1957 Act there is inserted—

52FJConstitution of summary appeal court for appeals

(1)For the purpose of hearing an appeal, the summary appeal court shall consist of—

(a)one of the judge advocates appointed under section 52FG of this Act, and

(b)two officers qualified under section 52FH of this Act for membership of the court.

(2)Subsection (1) above has effect subject to any provision made by virtue of section 52FP of this Act.

(3)The judge advocate for any appeal shall be specified by or on behalf of the Chief Naval Judge Advocate.

(4)The other members of the court for any appeal shall be specified by or on behalf of the court administration officer.

(5)In specifying members of the court under subsection (4) above the person doing so shall ensure that at least one member of the court for any appeal is of or above the rank of commander.

(6)At any sitting of the court, the most senior member of the court at that sitting shall preside.

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