5 Certification of failure to comply with production order
After rule 151 of the 2009 Rules, insert—

“151A Certification of failure to comply with production order
1 The court’s powers to certify a failure to comply with a production order may be exercised only at a hearing under this rule.
2 If so directed by a judge advocate, the court administration officer shall—
(a) appoint a time and place for a hearing under this rule; and
(b) notify the relevant person and the Director of the time and place so appointed.
3  The relevant person and the Director are entitled to be heard at the hearing.
4 The relevant person need not attend the hearing, but the court may exercise its powers in the relevant person’s absence.
5 In this rule—
“production order” means an order under paragraph 5 of Schedule 1 to the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009;
the reference to the court’s powers to certify a failure to comply with a production order is to its powers under paragraph 11A(2) of that Schedule; and
“the relevant person” means the person failing to comply.
S.I. 2009/2056. Paragraph 11A of Schedule 1 was inserted by article 9(6) of the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012 (S.I. 2012/2919).”