The Summary Appeal Court (Army) (Amendment) Rules 2005

Explanatory Note

(This note is not part of the Order)

Sections 26 and 27 of the Armed Forces Act 2001 enable the Secretary of State to make regulations empowering summary appeal courts to make orders for the payment of costs which have been unnecessarily or improperly incurred in proceedings for an offence under any of the services Acts (which include the Army Act 1955) and to make wasted costs orders against the legal or other representative of a party to such proceedings. Section 28 contains provisions supplementary to sections 26 and 27. The Armed Forces Proceedings (Costs) Regulations 2005 made under sections 26 to 28 of the 2001 Act empower summary appeal courts to make the applicable costs orders in proceedings for offences under the services Acts. These Rules amend the Summary Appeal Court (Army) Rules 2000 to enable the jurisdiction conferred on summary appeal courts by virtue of sections 26 to 28 of the Armed Forces Act 2001 to be exercised by a judge advocate sitting alone.