The Armed Forces (Service Inquiries) Regulations 2008

Regulation 20

SCHEDULE 3 TRANSITORY PROVISIONS

1.  Before the definition of “civilian subject to service discipline” in section 370 of the Act comes in to force, that expression shall mean civilians to whom—

(a) Part 2 of the Army Act 1955(1) is applied by section 209 of that Act, or

(b) Part 2 of the Air Force 1955(2) is applied by section 209 of that Act, or

(c) Parts 1 and 2 of the Naval Discipline Act 1957(3) are applied by section 118 of that Act.

2.  Before the definition of “court administration officer” in section 374 of the Act comes into force “court administration officer”—

(a) has the same meaning as in section 84A of the Army Act 1955 in relation to a service inquiry the president of which is a person subject to military law within the meaning of the Army Act 1955;

(b) has the same meaning as in section 84A of the Air Force 1955 in relation to a service inquiry the president of which is subject to air force law within the meaning of that Act; and

(c) has the same meaning as in section 53A of the Naval Discipline Act 1957 in relation to a service inquiry the president of which is a person who, within the meaning of the Naval Discipline Act 1957, is subject to that Act.

3.  Before the definition of “judge advocate” in section 362 of the Act comes into force, “judge advocate”—

(a) in relation to a service inquiry the president of which is a person subject to military law within the meaning of the Army Act 1955, means a judicial officer appointed under section 75L of that Act;

(b) in relation to a service inquiry the president of which is a person subject to air force law within the meaning of the Air Force 1955, means a judicial officer appointed under section 75L of that Act; and

(c) in relation to a service inquiry the president of which is a person who, within the meaning of the Naval Discipline Act 1957, is subject to that Act, means a judicial officer appointed under section 47M of that Act.

4.  ”Service court” includes—

(a) a summary appeal court constituted under section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957;

(b) a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;

(c) a Standing Civilian Court, established under section 6 of the Armed Forces Act 1976(4); and

(d) the Courts-Martial Appeal Court.

5.  “Summary hearing” includes summary dealing under section 76B of the Army Act 1955 or of the Air Force Act 1955 and summary trial under section 52D of the Naval Discipline Act 1957.

(1)

1955 c.18

(2)

1955 c.19

(3)

1957 c.53

(4)

1976 c.52