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Naval Discipline Act 1957 (repealed), Section 47M is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Judicial officers shall be appointed for the purposes of this Act by the [F2Judge Advocate of Her Majesty’s Fleet] .
(2)No person shall be appointed under this section unless—
(a)he is qualified under section 53B(2) of this Act for appointment as the judge advocate in relation to a court-martial, F3. . .
(b)he has, and has had for at least five years, in any Commonwealth country or any colony 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.][F4or]
[F4(c)immediately before his appointment, he holds a relevant judicial appointment in any Commonwealth country or colony and has professional or educational qualifications in law which appear to the [F5Judge Advocate of Her Majesty’s Fleet] to be appropriate.]
[F6(3)In subsection (2)(c), “relevant judicial appointment”, in relation to a Commonwealth country or colony, means an appointment by virtue of which he is capable of exercising, in criminal proceedings in that country or colony, functions similar to the functions exercisable, in criminal proceedings in England and Wales, by a judge of the Supreme Court, a Circuit judge or a District Judge (Magistrates’ Courts).]
Textual Amendments
F1S. 47M inserted (2.10.2000) by 2000 c. 4, s. 7(2); S.I. 2000/2366, art. 2 (with Sch. para. 15)
F2Words in s. 47M(1) substituted (16.1.2004) by The Naval Discipline Act 1957 (Remedial) Order 2004 (S.I. 2004/66), art. 2(2)
F3Word in s. 47M(2)(a) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 6 para. 36(2), Sch. 7 Pt. 7; S.I. 2001/3234, art. 2 (subject to transitional provisions in art. 3)
F4S. 47M(2)(c) and the word “or” immediately preceding it inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 36(2); S.I. 2001/3234, art. 2 (subject to transitional provisions in art. 3)
F5Words in s. 47M(2)(c) substituted (16.1.2004) by The Naval Discipline Act 1957 (Remedial) Order 2004 (S.I. 2004/66), art. 2(2)
F6S. 47M(3) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 36(3); S.I. 2001/3234, art. 2 (subject to transitional provisions in art. 3)
Textual Amendments applied to the whole legislation
F7Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions
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