The Summary Appeal Court (Navy) (Amendment) Rules 2004

• Citation: S.I. 2004/1949
• Sections: 8

Section 1 Citation and commencement

These Rules may be cited as the Summary Appeal Court (Navy) (Amendment) Rules 2004 and shall come into force on 19 th August 2004.

Section 2 Interpretation

In these Rules “the principal Rules ” means the Summary Appeal Court (Navy) Rules 2000 .

Section 3 Determination of applications

(1) Rule 10 of the principal Rules is amended as follows.

(2) In paragraph (2), after “determining an application” there is inserted “under section 52FK(3) of the Act”.

(3) In paragraph (3), after “is minded to refuse” there is inserted “such”.

Section 4 Officers qualified for membership of the summary appeal court

(1) Rule 23 of the principal Rules is amended as follows.

(2) In paragraph (1)—

(a) for “52FH” there is substituted “52FH(3)”;

(b) for “that section” there is substituted “section 52FH”; and

(c) for “naval officers so qualified” there is substituted “persons belonging to Her Majesty’s naval forces and qualified for membership of the court”.

(3) After paragraph (2) there is inserted—

(2A) Subject to section 52FH(3) of the Act and rule 24, an officer shall be qualified under section 52FH for membership of the court for the purposes of hearing an appeal if—

(a) immediately before receiving his commission, he was a warrant officer in any of Her Majesty’s naval, military or air forces, and

(b) the appellant is of a rank below that which the officer held immediately before he received his commission, and

(c) if the officer is a military or air-force officer, the court administration officer considers that the necessary number of persons belonging to Her Majesty’s naval forces and qualified for membership of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.

Section 5 Officers who are ineligible to hear particular appeals

(1) Rule 24 of the principal Rules is amended as follows.

(2) After paragraph (a) there is inserted—

(aa) he acted as the appropriate superior authority under section 52EE of the Act in relation to any charge to which the appeal relates;

(3) In paragraph (b), after “section 52B(5)” there is inserted “, 52D(3) or 52D(5)”.

(4) In paragraph (c), for “he approved or otherwise consented to any punishment awarded” there is substituted “he was asked to approve the award of any punishment”.

(5) In paragraph (e), after “to which the appeal relates” there is inserted—

; or

(f) he serves under the command of any officer falling within paragraphs (a) to (c).

Section 6 Spare members

In rule 25 of the principal Rules, after “section 52FH of the Act” there is inserted “, an order made by virtue of section 20 of the Armed Forces Act 2001”.

Section 7 Information to be provided by the respondent

(1) Rule 60 of the principal Rules is amended as follows.

(2) At the end of paragraph (2)(d), “and” is omitted.

(3) In paragraph (2)(e), after “Northern Ireland” there is inserted—

;

(f) the appellant’s rate of pay, including any allowances to which he is entitled and any deductions to which he is liable; and

(g) if on summary trial of the charge the appellant was sentenced to dismissal from Her Majesty’s service, the likely effect of that sentence on his future pension entitlements (including terminal benefits)

(4) After paragraph (2) there is inserted—

(2A) If on summary trial of the charge the appellant was sentenced to disrating, the information to be provided under paragraph (2)(f) shall include—

(a) details of the appellant’s rate of pay immediately before and after that sentence took effect, and

(b) if there is another sentence of disrating which the court could award, details of what his rate of pay would be if the court awarded such other sentence.

Section 8 Transitional provisions

(1) Rule 3 does not preclude a hearing of an application under section 52FK(2) of the Naval Discipline Act 1957 if the applicant has requested such a hearing under rule 10(4) of the principal Rules before these Rules come into force.

(2) Rules 4, 5 and 7 apply only to hearings which begin after these Rules come into force.