The Armed Forces Proceedings (Costs) Regulations 2005

Interpretation

2.  In these Regulations—

“the Act” means the Armed Forces Act 2001;

“the court administration officer” has, in relation to a court-martial, the meaning given to that expression by section 84A of the Army Act 1955(1), section 84A of the Air Force Act 1955(2) and section 53A of the Naval Discipline Act 1957(3) and in relation to a Standing Civilian Court, has the meaning given to that expression by paragraph 1(1) of Schedule 3 to the Armed Forces Act 1976(4);

“court-martial” has the same meaning as it has for the purposes of the services Acts(5);

“the Courts-Martial Appeal Court” means the court established by the Courts-Martial (Appeals) Act 1951(6) and continued in existence by section 1 of the Courts-Martial (Appeals) Act 1968(7);

“interested party” means the party benefiting from an order made under regulation 3 of these Regulations or a wasted costs order and, where he was receiving representation funded for him as part of the Criminal Defence Service(8) or under any legal aid scheme operated by any of Her Majesty’s forces, shall include the authority responsible for determining costs payable in respect of work done under the representation order, or as the case may be, such a legal aid scheme;

“representation order” means a document granting a right to representation in criminal proceedings under section 14 of the Access to Justice Act 1999(9);

“Standing Civilian Court” means a court established under section 6 of the Armed Forces Act 1976(10);

“wasted costs order” means any action taken by a court-martial, a summary appeal court, the Courts-Martial Appeal Court or a Standing Civilian Court under section 27(1) of the Act.

(1)

1955 c. 18; section 84A was inserted by section 5 of and paragraph 19 of Schedule 1 to the Armed Forces Act 1996 (c. 46).

(2)

1955 c. 19; section 84A was inserted by section 5 of and paragraph 35 of Schedule 1 to the Armed Forces Act 1996.

(3)

1957 c. 53; section 53A was inserted by section 5 of and paragraph 51 of Schedule 1 to the Armed Forces Act 1996.

(4)

1976 c. 52; Schedule 3 was amended by section 5 of and paragraph 103(2) of Schedule 1 to the Armed Forces Act 1996.

(5)

The services Acts are defined in section 26(4) of the Armed Forces Act 2001 as the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

(6)

1951 c. 46.

(7)

1968 c. 20.

(8)

The Criminal Defence Service was established by the Legal Services Commission under section 12(1) of the Access to Justice Act 1999 (c. 22).

(9)

1999 c. 22.

(10)

Section 6 was amended by section 5 of and paragraph 102 of Schedule 1 to the Armed Forces Act 1996 and by sections 34 and 38 of and Schedule 6 to the Armed Forces Act 2001.