Part IIU.K. Discipline and Trial and Punishment of Air-Force Offences

InquiriesU.K.

137 Unit inquiries.F3U.K.

(1)An officer of any of Her Majesty’s air forces authorised in that behalf by or under regulations of [F1the Defence Council] may cause an inquiry to be held, in such manner and [F2by such person or persons as may be specified by or determined under such regulations (being, as the case may be, a person who is subject to air-force law, the M1Naval Discipline Act 1957, or military law or, not being so subject, is in the service of the Crown, or persons each of whom is so subject or, not being so subject, is in that service)], into any matter so specified or determined:

Provided that an inquiry shall not be held in pursuance of this section into—

(a)the absence of a person subject to air-force law, or

(b)the capture of any such person by the enemy.

(2)Regulations of [F1the Defence Council] made for the purposes of this section may make provision as to the rules of evidence to be observed at inquiries held in pursuance of this section and the taking of evidence at such inquiries, and may authorise the taking of evidence on oath or affirmation, and the administration of oaths, in such cases as may be specified by or under the regulations.

(3)Subsections (4) and (5) of section one hundred and thirty-five of this Act shall apply in relation to inquiries held in pursuance of this section with the substitution of references to regulations of [F1the Defence Council] for references to board of inquiry rules and of references to an inquiry held in pursuance of this section for references to a board of inquiry.

Textual Amendments

F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Marginal Citations

Textual Amendments applied to the whole legislation

F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2