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Naval Discipline Act 1957 (repealed)

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Changes over time for: Section 47M

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Version Superseded: 16/01/2004

Status:

Point in time view as at 28/02/2002. This version of this provision has been superseded. Help about Status

Changes to legislation:

Naval Discipline Act 1957 (repealed), Section 47M is up to date with all changes known to be in force on or before 18 November 2024. 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. Help about Changes to Legislation

[F147M Judicial officers.F5U.K.

(1)Judicial officers shall be appointed for the purposes of this Act by the Chief Naval Judge Advocate.

(2)No person shall be appointed under this section unless—

(a)he is qualified under section 53B(2) of this Act for appointment as the judge advocate in relation to a court-martial, F2. . .

(b)he has, and has had for at least five years, in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.][F3or]

[F3(c)immediately before his appointment, he holds a relevant judicial appointment in any Commonwealth country or colony and has professional or educational qualifications in law which appear to the Chief Naval Judge Advocate to be appropriate.]

[F4(3)In subsection (2)(c), “relevant judicial appointment”, in relation to a Commonwealth country or colony, means an appointment by virtue of which he is capable of exercising, in criminal proceedings in that country or colony, functions similar to the functions exercisable, in criminal proceedings in England and Wales, by a judge of the Supreme Court, a Circuit judge or a District Judge (Magistrates’ Courts).]

Textual Amendments

F1S. 47M inserted (2.10.2000) by 2000 c. 4, s. 7(2); S.I. 2000/2366, art. 2 (with Sch. para. 15)

F2Word in s. 47M(2)(a) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 6 para. 36(2), Sch. 7 Pt. 7; S.I. 2001/3234, art. 2 (subject to transitional provisions in art. 3)

F3S. 47M(2)(c) and the word “or” immediately preceding it inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 36(2); S.I. 2001/3234, art. 2 (subject to transitional provisions in art. 3)

F4S. 47M(3) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 36(3); S.I. 2001/3234, art. 2 (subject to transitional provisions in art. 3)

Textual Amendments applied to the whole legislation

F5Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions

Yn ôl i’r brig

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