Armed Forces Act 1996

58 (1) Section 59 (challenges by accused to members of court-martial) shall be amended as follows. U.K.

(2) In subsection (1)—

(a) after the words “Before the" there shall be inserted the words “ officers appointed ”;

(b) for the words “officers constituting" there shall be substituted the words “ members of ”; and

(c) for the words from “being" to the end there shall be substituted the words “ any of those members ”.

(3) In subsection (2)—

(a) for the word “officer" there shall be substituted the word “ member ”; and

(b) for the words from “considered" to the end there shall be substituted the words “ determined by the judge advocate ”.

(4) For subsection (3) there shall be substituted the following subsection—

“(3) If an objection to the president is allowed, the court shall be dissolved.”

(5) In subsection (4)—

(a) for the words from “objection" to “the member" there shall be substituted the words “ an objection to any other officer appointed a member of the court is allowed ”;

(b) for the word “nominated" there shall be substituted the word “ appointed ”; and

(c) for the words “section fifty-four" there shall be substituted the words “ section 53C ”.

(6) After subsection (4) there shall be inserted the following subsection—

“(4A) 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 Chief Naval Judge Advocate.”

(7) Subsection (5) shall cease to have effect.

(8) In subsection (6)—

(a) after the words “After the" there shall be inserted the words “ officers appointed ”; and

(b) for the words “Defence Council" there shall be substituted the words “ reviewing authority ”.