Summary appeal courts

Officers qualified for membership of summary appeal court
16
1
After section 83ZB of the Army Act 1955 there is inserted—

Officers qualified for membership of summary appeal court
83ZC
1
Subject to subsections (2) and (3) below, an officer is qualified under this section for membership of the summary appeal court if he is a military officer who has held a commission in any of Her Majesty’s naval, military, or air forces for a period of not less than two years or periods amounting in the aggregate to not less than two years.
2
Subject to subsection (3) below, rules under section 83ZJ of this Act may specify circumstances in which any other military officer or a naval or air-force officer is qualified under this section for membership of the court.
3
The following are not qualified under this section for membership of the court—
a
the court administration officer,
b
an officer under the command of the court administration officer,
c
the prosecuting authority,
d
any person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990,
e
an advocate in Scotland or a solicitor who has a right of audience in the Court of Session or the High Court of Justiciary,
f
a member of the Bar of Northern Ireland,
g
a person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules, or
h
any person who is, or has at any time during the preceding five years been, a provost officer.
4
In this section—
- “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
- “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
- “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.
2
After section 83ZB of the Air Force Act 1955 there is inserted—

Officers qualified for membership of summary appeal court
83ZC
1
Subject to subsections (2) and (3) below, an officer is qualified under this section for membership of the summary appeal court if he is an air-force officer who has held a commission in any of Her Majesty’s naval, military, or air forces for a period of not less than two years or periods amounting in the aggregate to not less than two years.
2
Subject to subsection (3) below, rules under section 83ZJ of this Act may specify circumstances in which any other air-force officer or a naval or military officer is qualified under this section for membership of the court.
3
The following are not qualified under this section for membership of the court—
a
the court administration officer,
b
an officer under the command of the court administration officer,
c
the prosecuting authority,
d
any person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990,
e
an advocate in Scotland or a solicitor who has a right of audience in the Court of Session or the High Court of Justiciary,
f
a member of the Bar of Northern Ireland,
g
a person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules, or
h
any person who is, or has at any time during the preceding five years been, a provost officer.
4
In this section—
- “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
- “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
- “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.
3
After section 52FG of the 1957 Act there is inserted—

Officers qualified for membership of summary appeal court
52FH
1
Subject to subsections (2) and (3) below, an officer is qualified under this section for membership of the summary appeal court if he is a naval officer of or above the rank of lieutenant who has held a commission in any of Her Majesty’s naval, military, or air forces for a period of not less than three years or periods amounting in the aggregate to not less than three years.
2
Subject to subsection (3) below, rules under section 52FP of this Act may specify circumstances in which any other naval officer or a military or air-force officer is qualified under this section for membership of the court.
3
The following are not qualified under this section for membership of the court—
a
the court administration officer,
b
an officer under the command of the court administration officer,
c
the prosecuting authority,
d
any person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990,
e
an advocate in Scotland or a solicitor who has a right of audience in the Court of Session or the High Court of Justiciary,
f
a member of the Bar of Northern Ireland,
g
a person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules, or
h
any person who is, or has at any time during the preceding five years been, a member of the Royal Navy Regulating Branch.
4
In this section—
- “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
- “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
- “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to this Act.
1955 c. 18.
1957 c. 53.
1957 c. 53.