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5.—(1) A commanding officer shall not make a delegation under rule 3(1) in relation to a charge if a sentence awarded to the accused under AA 1955, AFA 1955 or NDA 1957 (including one awarded after commencement by virtue of article 55 of the Transitional Order) is for the time being suspended, within the meaning given by article 93 of that Order.
(2) Where—
(a)before commencement, an officer did anything which, had the new provisions been in force, would have constituted a delegation of his relevant functions in relation to a charge, and
(b)the officer did nothing before commencement which, had the new provisions been in force, would have constituted a revocation of the delegation,
the officer is to be regarded as having delegated his relevant functions in relation to the charge under rule 3(1).
(3) In this paragraph “relevant function” has the same meaning as in rule 3.
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