Version Superseded: 31/10/2009
Point in time view as at 28/03/2009. This version of this provision has been superseded.
Armed Forces Act 2006, Section 135 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A commanding officer may not award reduction in rank, or disrating, under row 3 of the Table in section 132 unless—
(a)he has extended powers for the purposes of this subsection; or
(b)the person being punished is a lance corporal or lance bombardier.
(2)The reduction in rank or disrating that a commanding officer may award is reduction or disrating—
(a)by one acting rank or rate; or
(b)if the person being punished has no acting rank or rate, by one substantive rank or rate.
(3)Where the person being punished is a corporal in any of Her Majesty's air forces, the reduction in rank authorised by subsection (2)(a) (if he is an acting corporal) or (2)(b) (if he is not) is reduction to the highest rank he has held in that force as an airman.
(4)The Defence Council may by regulations provide that persons of a trade or branch specified in the regulations may not be reduced or disrated under section 132 below a rank or rate so specified.
(5)A commanding officer has extended powers for the purposes of subsection (1) if he has, before the summary hearing of the charge or charges—
(a)applied to higher authority for extended powers for the purposes of that subsection; and
(b)been notified by higher authority that his application has been granted.
(6)A commanding officer also has extended powers for the purposes of subsection (1) if he is of or above the rank of rear admiral, major-general or air vice-marshal.
Commencement Information
I1S. 135 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
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