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The Court Martial Appeal Court Rules 2009

The Court Martial Appeal Court Rules 2009 reg 43

reg 43 Exercise by a judge of the court or the registrar of a power under this Part

(1) Where a judge of the court or the registrar exercises, or refuses to exercise, a power specified in rule 38 or a judge of the court exercises, or refuses to exercise, a power specified in rule 42, the registrar must, within seven days of the exercise or refusal, serve notice on the appellant and the respondent of the exercise of, or refusal to exercise, that power. (2) If the registrar refuses an application on the part of the appellant or respondent to exercise in his favour any of the powers specified in rule 38, the appellant or respondent (as the case may be) shall be entitled to have the application determined by a judge of the court. (3) If a judge of the court refuses an application on the part of the appellant or respondent to exercise in his favour any of the powers specified in rule 38 or 42, the appellant or respondent (as the case may be) shall be entitled to have the application determined by the court as duly constituted for the purpose in accordance with section 5.

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