Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
(1)An officer of any of Her Majesty’s military forces authorised in that behalf by or under regulationsof [F1the Defence Council] may cause an inquiry to be held, in such manner and [F2by such person or persons as may be specified by or determined under such regulations(being, as the case may be, a person who is subject to military law, the M1NavalDiscipline Act 1957, or air-force law or, not being so subject, is in the service of the Crown, or personseach of whom is so subject or, not being so subject, is in that service)], into any matter so specified or determined:
Provided that an inquiry shall not be held in pursuance of this section into—
(a)the absence of a person subject to military law, or
(b)the capture of any such person by the enemy.
(2)Regulations of [F1the Defence Council] made for the purposes of this section may make provision as to the rules of evidence to be observedat inquiries held in pursuance of this section and the taking of evidence at such inquiries, and mayauthorise the taking of evidence on oath or affirmation, and the administration of oaths, in such cases asmay be specified by or under the regulations.
(3)Subsections (4) and (5) of section one hundred and thirty-five of this Act shall apply in relation toinquiries held in pursuance of this section with the substitution of references to regulations of [F1the Defence Council] for references to board of inquiry rules and of references to an inquiry held in pursuance of thissection for references to a board of inquiry.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2Words substituted by Army and Air Force Act 1961 (c. 52), s. 26(2)
Marginal Citations
Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2