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Armed Forces Act 2001

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This is the original version (as it was originally enacted).

Army Act 1955 (c. 18)

This section has no associated Explanatory Notes

6(1)Section 103B of that Act (constitution of field general courts-martial) is amended as follows.

(2)In subsection (1) for the words from “consist” onwards there is substituted— consist of—

(a)the president, who shall be a military officer, and

(b)at least two persons appointed under this paragraph, of whom—

(i)one shall be either a military officer or a military warrant officer, and

(ii)the rest shall be military officers.

(3)In subsection (2) for the words from “three” to “available” there is substituted “three persons having suitable qualifications are not available for appointment under subsection (1)(a) and (b) above”.

(4)After subsection (6) there is inserted—

(6A)A field general court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of the warrant officer concerned.

(5)For subsection (7) there is substituted—

(7)If a field general court-martial is to be convened at any place where, in the opinion of the officer convening it, the necessary number of military officers or military warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(b) above, he may appoint under that provision—

(a)any naval or air-force officer having qualifications corresponding to those required for a military officer, or

(b)where a military warrant officer could be appointed, any naval or air-force warrant officer having qualifications corresponding to those required for a military warrant officer.

(6)In subsection (8), for “less than three officers” there is substituted “only two persons, apart from any judge advocate (as defined by subsection (4) above),”.

(7)In subsection (9)—

(a)after the definition of “air-force officer” there is inserted—

“air-force warrant officer” means a warrant officer belonging to Her Majesty’s air forces and subject to air-force law;,

(b)after the definition of “military officer” there is inserted—

“military warrant officer” means a warrant officer belonging to Her Majesty’s military forces and subject to military law;, and

(c)after the definition of “naval officer” there is inserted—

“naval warrant officer” means a warrant officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.

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