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The Armed Forces (Court Martial) Rules 2009

The Armed Forces (Court Martial) Rules 2009 reg 149

reg 149 Variation or revocation of service restraining order

(1) An application under section 232(1) for the variation or revocation of a service restraining order— (a) shall be made in writing to the court administration officer; (b) shall specify whether the applicant wishes the court— (i) to revoke the order; or (ii) to vary the order, and if so how; and (c) shall specify the grounds on which it is made. (2) The court administration officer shall forward the application to the judge advocate for the proceedings in which the order was made. (3) The judge advocate may— (a) dismiss the application; or (b) direct a hearing of the application. (4) Where the judge advocate dismisses the application without a hearing, the court administration officer shall notify the applicant in writing of the judge advocate's decision. (5) Where the judge advocate directs a hearing of the application, the court administration officer shall notify— (a) the applicant, and (b) every other person mentioned in the order, of the time and place appointed for the hearing. (6) In this rule “ the order ” means the order under section 229 as respects which the application is made.

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