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PART IPRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Courts-Martial and Standing Civilian Courts (Army and Royal Air Force) (Additional Powers on Trial of Civilians) Regulations 1997 and shall come into force on 1st April 1997.

Interpretation

2.  In these Regulations—

“the 1976 Act” means the Armed Forces Act 1976(1);

“the 1955 Act” means—

(a)

where the accused is being prosecuted under the Army Act 1955, that Act; and

(b)

where the accused is being prosecuted under the Air Force Act 1955, that Act;

“commanding officer”, in relation to an accused, means the officer determined by or under regulations of the Defence Council under section 209(3)(f) of the 1955 Act;

“court administration officer” and “the court administration officer” have the meanings assigned to them—

(a)

where the offender has been tried by court-martial, by section 84A of the 1955 Act(2); and

(b)

where the offender has been tried by Standing Civilian Court, by paragraph 1(1) of Schedule 3 to the 1976 Act (3); and

“duly qualified medical practitioner” means a medical practitioner—

(a)

approved for the purposes of section 12 of the Mental Health Act 1983(4);

(b)

approved for the purposes of section 20 or 39 of the Mental Health (Scotland) Act 1984(5); or

(c)

appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986(6) by the Mental Health Commission for Northern Ireland.

Manner in which documents may be served

3.  Where under these Regulations any document is to be served on any person, it may be served—

(a)by personal delivery; or

(b)by post in a letter addressed to that person at his last known or usual place of work or abode.

(2)

Section 84A was inserted by the Armed Forces Act 1996 (c. 46), section 5 and Schedule 1.

(3)

Paragraph 1 was amended by the Armed Forces Act 1996, section 5 and Schedule 1.