Proof by written statement
The reference in rule 60(1)(b) to a person subject to service law or a civilian subject to service discipline is to be read, in relation to a statement made before commencement, as a reference to a person who at the time of making the statement was a person mentioned in section 99A(2)(b) of AA 1955.
Evidence of enlistment or entry for service
(1) In rule 68, references to an enlistment paper used to enlist a person in accordance with regulations made under section 328 include— (a) an attestation paper within the meaning of AA 1955 or AFA 1955; and (b) a copy of Royal Navy Form S3049 (Notice Form for Entry/Re-Entry into Naval Service) signed by a person on being entered for service in the Royal Navy. (2) In relation to a document purporting to be a copy of Royal Navy Form S3049, rule 68(1)(a) has effect as if for the word “enlisted” there were substituted “ entered for service ” . (3) In rule 68(1)(b) the reference to a recruiting officer includes a recruiting officer within the meaning of Part 1 of AA 1955 or AFA 1955.
Documents signed by or on behalf of a person's commanding officer
In relation to a record or certificate purporting to have been signed before commencement, references in rules 70 and 72 to a person's commanding officer are to be read as references to his commanding officer within the meaning of Part 2 of the Armed Forces Act 2001 .
Special measures
(1) In Chapter 6 of Part 12, “ sexual offence ” includes an SDA civil offence as respects which the corresponding civil offence is— (a) an offence under Part 1 of the Sexual Offences Act 2003; (b) a relevant superseded offence, within the meaning of section 62 of the 1999 Act; (c) an offence of attempting or conspiring to commit, or inciting the commission of, an offence within paragraph (a) or (b) above; or (d) an offence under Part 2 of the Serious Crime Act 2007 where the offence (or one of the offences) which the offender intended or believed would be committed is an offence under Part 1 of the Sexual Offences Act 2003. (2) In this paragraph— “ SDA civil offence ” means an offence under section 70 of AA 1955 or AFA 1955; “ the corresponding civil offence ”, in relation to an SDA civil offence, means— the act or omission constituting the SDA civil offence; or if that act or omission is not punishable by the law of England and Wales, the equivalent act done or omission made in England or Wales.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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