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The Naval Discipline Act 1957 (Remedial) Order 2004

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Statutory Instruments

2004 No. 66

DEFENCE

The Naval Discipline Act 1957 (Remedial) Order 2004

Made

14th January 2004

Laid before Parliament

15th January 2004

Coming into force

16th January 2004

Whereas it appears to the Secretary of State that, having regard to a finding of the European Court of Human Rights(1) made after the coming into force of section 10 of the Human Rights Act 1998(2) in proceedings against the United Kingdom, certain provisions of the Naval Discipline Act 1957(3) are incompatible with an obligation of the United Kingdom arising from the Convention(4);

And whereas the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order(5) to make such amendments to the Naval Discipline Act 1957 as he considers necessary to remove the incompatibility;

And whereas it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a), (2) and (3) of Schedule 2 to, the Human Rights Act 1998, hereby makes the following Order:

(1)

In the case of Mark Grieves v United Kingdom (Application No. 57067/00), judgment of 16th December 2003.

(4)

See section 21(1) of the Human Rights Act 1998 for the meaning of “the Convention”.

(5)

See section 21(1) of the Human Rights Act 1998 for the meaning of “remedial order”.

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