The Rules of Procedure (Air Force) (Amendment No.2) Rules 1987

Statutory Instruments

1987 No. 2172

DEFENCE

The Rules of Procedure (Air Force) (Amendment No.2) Rules 1987

Made

16th December 1987

Laid before Parliament

17th December 1987

Coming into force

1st January 1988

The Secretary of State in exercise of the powers conferred on him by sections 103 and 209 of the Air Force Act 1955(1), hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Rules of Procedure (Air Force) (Amendment No.2) Rules 1987 and shall come into force on 1st January 1988.

Amendment

2.  The Rules of Procedure (Air Force) (Amendment) Rules 1987(2) shall take effect as if for rule 3(2) there were substituted the following:–

“(2) In Rule 74 for paragraph (2) there shall be substituted the following:–

“(2) Where the accused is found guilty by a general court-martial or a field general court-martial of two or more offences against s.70 of the Act, consisting in the commission of civil offences for which a civil court in England could award imprisonment, the court-martial may by its sentence award, for any of the said offences, a term of imprisonment or may make a custodial order, in which event that term or order shall run from the expiry of a term or order awarded or made by that sentence for any other of those offences.”.”.

George Younger

Secretary of State for Defence

Dated 16th December 1987

Explanatory Note

(This note is not part of the Rules)

Rule 3(2) of the Rules of Procedure (Air Force) (Amendment) Rules 1987 was intended to amend rule 74(2) of the Rules of Procedure (Air Force) 1972 (S.I. 1972/419) but misdescribed that provision as rule 74(1). These Rules therefore correct that error by substituting a new rule 3(3) in the Amendment Rules. That provision now takes effect so as to substitute a new rule 74(2) (with a grammatical change), rather than adding fresh words to the paragraph as was done by the Amendment Rules previously.

(1)

1955 c. 19; section 209 was amended by the Armed Forces Act 1976 (c. 52), Schedule 9, paragraph 5.

(2)

S.I. 1987/2000.