SCHEDULES

SCHEDULE 13 Functions transferred to justices’ chief executives

The Army Act 1955 (c.18)

16

The Army Act 1955 has effect subject to the following amendments.

17

1

Section 189 (delivery into military custody of person dealt with by court of summary jurisdiction as illegally absent) is amended as follows.

2

In subsection (1) (fee payable to clerk of the court), for “clerk” substitute “ proper officer ”.

3

After subsection (3) insert—

3A

In subsection (1) of this section “proper officer” means—

a

in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

b

in relation to a court of summary jurisdiction elsewhere, the clerk of the court.

18

1

Section 199 (proof of outcome of civil trial) is amended as follows.

2

In subsections (1), (2) and (3) (certificate signed by clerk is proof of outcome), for “clerk” substitute “ proper officer ”.

3

For subsection (4) substitute—

4

In this section “proper officer” means—

a

in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

b

in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.