Naval Discipline Act 1957 (c. 53)
9(1)Section 52B of the 1957 Act (investigation of charges by commanding officer) is amended as follows.
(2)In subsection (5), for “subsection (6)” there is substituted “subsections (6) and (6A)”.
(3)For subsection (6) there is substituted—
“(6)The commanding officer may not try summarily any charge which is not capable of being tried summarily.
(6A)The commanding officer may not try summarily any charge against an officer unless—
(a)the commanding officer is of or above the rank of commander,
(b)the rank of the commanding officer is at least two ranks higher than that of the accused, and
(c)the accused is below the rank of captain.
(6B)For the purposes of subsection (6A) above, the holding by any person of any acting rank other than that of commodore is to be disregarded; and in this subsection “acting rank” means rank of any description (however called) such that under Queen’s Regulations a commanding officer has power to order the holder to revert from that rank.”