Naval Discipline Act 1957 (repealed)

[F1 52F Regulations as to summary trial etc.F10 U.K.

(1) The Defence Council may make regulations with respect to the investigation of charges by commanding officers [F2 , summary trial and hearings as regards the making of orders under section 91B of this Act (activation of suspended sentence by commanding officer)] .

(2) Regulations under this section may in particular make provision with respect to—

(a) the reporting of a charge to a commanding officer;

(b) the procedure to be followed by a commanding officer investigating a charge;

(c) the amendment or substitution of charges;

(d) the procedure on summary trial [F3 and on hearings as regards the making of orders under section 91B of this Act] ;

(e) limitations on the punishments which may be awarded on summary trial by [F4 a commanding officer or appropriate superior authority of a specified description;]];

[F5 (ee) limitations on the orders which may be made, and the directions which may be given, under section 91B of this Act by a commanding officer of a specified description;]

(f) limitations on the punishments which may be [F6 awarded on summary trial] to a specified description of accused;

(g) requirements for punishments [F7 , and orders and directions under section 91B of this Act,] to be approved before taking effect;

[F8 (gg) the procedure for making elections under section 85A(2) of this Act and withdrawing such elections;]

(h) the information to be provided to a person afforded an opportunity of electing court-martial trial;

(i) the procedure for electing court-martial trial, including any period within which any such election may be made;

(j) the procedure for requesting leave to withdraw an election for court-martial trial and for withdrawing any such election;

[F9 (k) who may act as the higher authority and the appropriate superior authority in specified descriptions of cases;

(l) who is to act as the higher authority and the appropriate superior authority in any particular case.]

(3) A regulation under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.

Textual Amendments

F1 Ss. 52B-52G inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 13; S.I. 1997/304, art. 2 (with art. 3)

F2 Words in s. 52F(1) substituted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 28(2)

F3 Words in s. 52F(2)(d) inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 28(3)

F4 Words in s. 52F(2)(e) substituted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 13(a); S.I. 2002/345, art. 2 (subject to art. 3)

F5 S. 52F(2)(ee) inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 28(4)

F6 Words in s. 52F(2)(f) substituted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 28(5)

F7 Words in s. 52F(2)(g) inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 28(6)

F8 S. 52F(2)(gg) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 5; S.I. 2000/2366, art. 2 (with Sch. para. 15)

F9 S. 52F(2)(k)(l) substituted (28.2.2002) for s. 52F(2)(k) by 2001 c. 19, s. 17, Sch. 1 para. 13(b); S.I. 2002/345, art. 2 (subject to art. 3)

Textual Amendments applied to the whole legislation

F10 Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions