The Certificates of Arrest and Surrender (Royal Navy) (Amendment) Regulations 2001

Statutory Instruments

2001 No. 1116

DEFENCE

The Certificates of Arrest and Surrender (Royal Navy) (Amendment) Regulations 2001

Made

20th March 2001

Coming into force

1st April 2001

The Secretary of State, in exercise of the powers conferred on him by section 110 of the Naval Discipline Act 1957(1), hereby makes the following Regulations:—

1.  These Regulations may be cited as the Certificates of Arrest and Surrender (Royal Navy) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.

2.  In regulation 3(2) of the Certificates of Arrest and Surrender (Royal Navy) Regulations 1972(2), for the word “clerk”, where it first occurs, there shall be substituted the words “proper officer”.

John Spellar

Minister of State, Ministry of Defence

20th March 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Certificates of Arrest and Surrender (Royal Navy) Regulations 1972.

Regulation 3(2) of the 1972 Regulations specifies the fee which is payable for a certificate of arrest or surrender handed over under section 110(2) of the Naval Discipline Act 1957. Schedule 13 to the Access to Justice Act 1999 amends section 110 of the Naval Discipline Act 1957 to provide for the fee to be paid to the proper officer instead of to the clerk of the court. The amendment to the 1972 Regulations is consequential to this.

(1)

1957 c. 53; section 110 is amended by the Access to Justice Act 1999 (c. 22), section 90 and Schedule 13, paragraphs 22 and 23; section 110(3) is amended by the Defence (Transfer of Functions) (No. 1) Order 1964 (S.I. 1964/488).

(2)

S.I. 1972/430.