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Armed Forces Act 2001
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- 2001 c. 19
- SCHEDULE 2
- Section 9
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- Sch. 1-5 repealed by 2006 c. 52 Sch. 17
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- S.I. 2003/2268 art. 2 commences (2001 c. 19)
- S.I. 2005/2861 art. 2 commences (2001 c. 19)
- S.I. 2006/235 art. 2 commences (2001 c. 19)
- S.I. 2006/2309 art. 2 commences (2001 c. 19)
- S.I. 2007/662 art. 2 commences (2001 c. 19)
- S.I. 2007/3434 art. 2 commences (2001 c. 19)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/81 art. 2-5 commences (2003 c. 44)
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- S.I. 2004/827 art. 2-4 commences (2003 c. 20)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2007/1442 art. 2 commences (2006 c. 52)
- S.I. 2008/1325 art. 2 commences (2005 c. 15)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
Prospective
9For section 84D of that Act (constitution of general and district courts-martial) there is substituted—E+W+S+N.I.
“84D Constitution of general and district courts-martial
(1)A general court-martial shall consist of—
(a)the president, who shall be an air-force officer,
(b)the judge advocate, and
(c)at least four other persons, of whom—
(i)two shall each be either an air-force officer or an air-force warrant officer, and
(ii)the rest shall be air-force officers.
(2)A district court-martial shall consist of—
(a)the president, who shall be an air-force officer,
(b)the judge advocate, and
(c)at least two other persons, of whom—
(i)one shall be either an air-force officer or an air-force warrant officer, and
(ii)the rest shall be air-force officers.
(3)An officer shall not be appointed as the president of a general or district court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period.
(4)The president of a general or district court-martial shall not be below the rank of squadron leader unless in the opinion of the court administration officer a squadron leader having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of flight lieutenant.
(5)An officer shall not be appointed under subsection (1)(c) above as a member of a general court-martial or under subsection (2)(c) above as a member of a district court-martial unless—
(a)he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period, or
(b)immediately before receiving his commission, he was a warrant officer in any of those forces.
(6)In subsections (3) and (5) above “the qualifying period” means—
(a)in relation to a general court-martial, three years, and
(b)in relation to a district court-martial, two years.
(7)A general or district 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 warrant officer.
(8)A general or district court-martial shall not include an officer appointed under subsection (1)(c) or (2)(c) above who qualifies under subsection (5) above only by virtue of paragraph (b) of that subsection, unless the court-martial is for the trial of a person of a rank below that which the officer held immediately before he received his commission.
(9)Not more than two of the members of a general court-martial appointed under subsection (1)(c) above shall be of a rank below that of flight lieutenant; and, in the case of a general court-martial for the trial of an officer above the rank of flight lieutenant, all the members so appointed shall be of or above the rank of flight lieutenant.
(10)If, in the opinion of the court administration officer, the necessary number of air-force officers or air-force warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(c) or (2)(c) above, he may appoint under that provision—
(a)any naval or military officer having qualifications corresponding to those required for an air-force officer, or
(b)where an air-force warrant officer could be appointed, a naval or military warrant officer having qualifications corresponding to those required for an air-force warrant officer.
(11)In this section—
“air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
“air-force warrant officer” means a warrant officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law;
“military warrant officer” means a warrant officer belonging to Her Majesty’s military forces and subject to military law;
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957;
“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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