First Group of PartsDiscipline

Part 13Discipline: Miscellaneous and Supplementary

Chapter 5Supplementary

Power to make provision in consequence of criminal justice enactments

323Power to make provision in consequence of criminal justice enactments

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).