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10In section 52C of that Act (powers of higher authority) after subsection (3) there is inserted—E+W+S+N.I.
“(3A)If the charge is against an officer below the rank of captain and is capable of being tried summarily, the higher authority may, subject to subsection (4) below—
(a)in a case where the commanding officer satisfies the conditions in section 52B(6A)(a) and (b) of this Act, refer the charge back to the commanding officer to be so tried, and
(b)in any other case, refer the charge to the appropriate superior authority to be so tried.”
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