Part 6

Summary Hearing and Appeals and Review
Chapter 1

Summary Hearing

Punishments available to commanding officer

Reduction in rank: limits on powers
135
1
A commanding officer may not award reduction in rank, or disrating, under row 3 of the Table in section 132 unless—
a
he has extended powers for the purposes of this subsection; or
b
the person being punished is a lance corporal or lance bombardier.
2
The reduction in rank or disrating that a commanding officer may award is reduction or disrating—
a
by one acting rank or rate; or
b
if the person being punished has no acting rank or rate, by one substantive rank or rate.
3
Where the person being punished is a corporal in any of Her Majesty's air forces, the reduction in rank authorised by subsection (2)(a) or (b) (as the case may be) is reduction to the highest rank the person has held in that force as an airman; but this is subject to subsection (3A).
3A
In relation to the Royal Air Force Regiment, the reference in subsection (3) to a corporal is to be read as a reference to a lance corporal.
4
The Defence Council may by regulations provide that persons of a trade or branch specified in the regulations may not be reduced or disrated under section 132 below a rank or rate so specified.
5
A commanding officer has extended powers for the purposes of subsection (1) if he has, within the relevant time (defined by section 135A) —
a
applied to higher authority for extended powers for the purposes of that subsection; and
b
been notified by higher authority that his application has been granted.
6
A commanding officer also has extended powers for the purposes of subsection (1) if he is of or above the rank of rear admiral, major-general or air vice-marshal.
S. 135 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 135 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 135(3)(3A) substituted for s. 135(3) (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 12(2), 32(3); S.I. 2012/669, art. 4(a)
Words in s. 135(5) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 10; S.I. 2012/669, art. 4(d)