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65. In section 144(1) of AFA 2006 (officers and warrant officers ineligible for membership of SAC in particular circumstances)—
(a)in paragraph (a), “commanding officer”, in relation to times before commencement, means commanding officer within the meaning of Part 2 of AFA 2001;
(b)in paragraph (c), the reference to a higher authority as mentioned there includes an officer who, in relation to the charge to which the appeal relates—
(i)acted as the appropriate superior authority under section 76B of AA 1955 or AFA 1955 or section 52EE of NDA 1957;
(ii)was the higher authority to whom a referral was made under section 76(5), 76AA(3) or 76B(4) of AA 1955 or AFA 1955 or section 52B(5) or 52D(3) or (5) of NDA 1957; or
(iii)was asked, as higher authority, to approve the award of any punishment;
(c)in paragraph (f), the reference to an inquiry includes—
(i)an investigation conducted by a board of inquiry under section 135 of AA 1955 or AFA 1955;
(ii)an inquiry held under section 137 of AA 1955 or AFA 1955;
(iii)an inquiry held by the Royal Navy under the prerogative.
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