- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (19/08/2004)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/10/2009
Point in time view as at 19/08/2004. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Army Act 1955 (repealed), Section 92.
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(1)An accused about to be tried by any court-martial shall be entitled to object, on any reasonablegrounds, to any member of the court, whether appointed originally or in lieu of another [F1member].
(2)For the purpose of enabling the accused to avail himself of the right conferred by the last foregoingsubsection, the names of the members of the court shall be read over in the presence of the accused before [F2the officers appointed members [F3, and any warrant officers so appointed,]] are sworn, and he shall be asked whether he objects to any of [F4the members].
(3)Every objection made by an accused to any [F5member] shall be [F6determined by the judge advocate].
(4)If [F7an objection to the president is allowed], the court shall adjourn and the [F8court administration] officer shall appoint another president.
(5)If [F9an objection to any other officer appointed a member of the court [F10or to any warrant officer so appointed] is allowed], the [F11officer][F12or warrant officer] objected to shall retire and the vacancy may, and ifotherwise the number of [F13members who are officers or warrant officers] would be reduced below the legal minimum shall, be filled in the prescribedmanner by [F14another person (who may be either an officer or, where the vacancy could in accordance with this Act be filled by a warrant officer, a warrant officer)].
[F15(6)If an objection to the judge advocate is allowed, the judge advocate shall retire and another judge advocate shall be appointed by or on behalf of the Judge Advocate General.]
Textual Amendments
F1Word in s. 92(1) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(2); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F2Words in s. 92(2) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(3)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F3Words in s. 92(2) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 3(2); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)
F4Words in s. 92(2) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(3)(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F5Word in s. 92(3) substituted (1.4.1997 subject to art. 3of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(4)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F6Words in s. 92(3) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(4)(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F7Words in s. 92(4) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(5)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F8Words in s. 92(4) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(5)(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F9Words in s. 92(5) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(6)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F10Words in s. 92(5) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 3(a); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)
F11Words in s. 92(5) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(6)(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F12Words in s. 92(5) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 3(b); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)
F13Words in s. 92(5) substituted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 3(c); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)
F14Words in s. 92(5) substituted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 3(d); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)
F15S. 92(6) added (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 23(1)(7); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Textual Amendments applied to the whole legislation
F16Act: 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
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