The Armed Forces (Court Martial) Rules 2009

Review of service compensation order U.K.

145.—(1) An application to the court under section 177 (application for discharge of service compensation order or reduction of amount payable)—

(a) shall be made in writing to the court administration officer;

(b) shall be served on the person in whose favour the order was made;

(c) shall state whether the applicant wishes the court—

(i) to discharge the order; or

(ii) to reduce the amount which remains to be paid, and if so by how much;

(d) shall specify which of the grounds mentioned in section 177(3) applies; and

(e) shall state that the application may be granted without a hearing if the person in whose favour the order was made does not serve notice on the court administration officer, within 14 days of being served with the application, that he opposes it.

(2) The court administration officer shall forward the application to the Judge Advocate General.

(3) The Judge Advocate General may—

(a) grant the application;

(b) exercise the court's powers under section 177 in a way other than that proposed in the application;

(c) dismiss the application; or

(d) direct a hearing of the application.

(4) The Judge Advocate General may not (without a hearing) grant the application or otherwise exercise the court's powers under section 177 unless—

(a) at least 14 days have elapsed since the application was served on the person in whose favour the order was made; and

(b) that person has not served notice on the court administration officer that he opposes the application.

(5) Where the Judge Advocate General (without a hearing) grants the application, otherwise exercises the court's powers under section 177 or dismisses the application, the court administration officer shall give notice in writing of that decision to the applicant and the person in whose favour the order was made.

(6) Where the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the applicant, and the person in whose favour the order was made, of the time and place appointed for the hearing.