Part 13

Discipline: Miscellaneous and Supplementary
Chapter 5

Supplementary

Power to make provision in consequence of criminal justice enactments

Power to make provision in consequence of criminal justice enactments
323
1
The Secretary of State may make an order under this section if he considers it appropriate to do so in consequence of a criminal justice enactment (see section 324).
2
An order under this section may make provision in relation to—
a
service policemen,
b
service courts (see section 324),
c
persons subject to service law,
d
civilians subject to service discipline, or
e
service law proceedings (see section 324),
which is equivalent to that made by a relevant provision, subject to such modifications as the Secretary of State considers appropriate.
3
In this section “relevant provision” means—
a
the criminal justice enactment;
b
any enactment relating to a criminal justice matter (see section 324) which is amended by the criminal justice enactment; or
c
any subordinate legislation made under—
i
the criminal justice enactment; or
ii
any Act which is amended by the criminal justice enactment.
4
An order under this section may make provision in such way as the Secretary of State considers appropriate and may, in particular—
a
be made in relation to all or any cases to which the order-making power extends;
b
apply the relevant provision (with or without modifications);
c
amend, repeal or revoke any enactment or subordinate legislation (including the relevant provision and any provision of or made under this Act).
S. 323 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)
Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)
S. 323 applied by 2003 c. 44, s. 94(1) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 214(2) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
S. 323 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4