Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
(1)Subject to and in accordance with the provisions of rules made under this section (hereinafter referredto as “board of inquiry rules”), [F1the Defence Council] or any military, naval or air-force officer empowered by or under such rules so to do may convene aboard of inquiry to investigate and report on the facts relating to—
(a)the absence of any person subject to military law;
(b)the capture of any such person by the enemy;
(c)the death of any person in a military establishment, being an establishment in any country or territoryoutside the United Kingdom where an inquiry into the death is not required to be held by any civilauthority;
(d)any other matter of a class specified in such rules or referred to such a board by [F1the Defence Council] or any such officer as aforesaid;
and a board of inquiry shall, if directed so to do, express their opinion on any question arising outof any matter referred to the board.
[F2(2)A board of inquiry shall consist of a president, who shall be an officer not below the rank of captainor corresponding rank and be subject to military law, the M1Naval Discipline Act 1957,or air-force law, and not less than two other members each of whom shall either be a person so subject orto be a person not so subject who is in the service of the Crown.]
(3)Subject to the provisions of this section, board of inquiry rules may make provision with respect tothe convening, constitution and procedure of boards of inquiry and, without prejudice to the generality ofthe foregoing, may make provision with respect to all or any of the following matters, that is tosay:—
(a)the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards,so however that the rules shall provide for the taking of evidence on oath or affirmation except incircumstances such that if the evidence were being taken at a court-martial an oath could be dispensed with;
(b)without prejudice to the provisions of the next following section, the making in service books ofrecords of findings of boards of inquiry in such cases as may be provided by the rules;
(c)such incidental and supplementary matters as appear requisite for the purposes of the rules.
(4)Board of inquiry rules shall contain provision for securing that any witness or other person [F3to whom this subsection applies] who may be affected by the findings of a board of inquiry shall have an opportunity of being present,and represented, at the sittings of the board or such part thereof as may be specified by or under therules.
[F4This subsection, so far as it applies to persons other than witnesses who may beaffected by the findings, applies to persons of the following descriptions only, that is to say—
(a)persons who are subject to military law, air-force law or the M2Naval Discipline Act1957;
(b)persons who, though not so subject, are in the service of the Crown and may be so affected in characteror professional reputation; and
(c)persons who, though not so subject, are emloyed by the Civil Aviation Authority in or in connection withthe provision by the Authority of air navigation services and may be so affected in character orprofessional reputation.]
[F5(5)Evidence given before a board of inquiry convened—
(a)under this section,
(b)under section 135 of the Air Force Act 1955, or
(c)under the Queen’s Regulations for the Royal Navy,
shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than proceedings for an offence against section 70 of this Act where the corresponding civil offence is perjury.]
(6)The power to make board of inquiry rules shall be exercisable by the Secretary of State by statutoryinstrument which shall be laid before Parliament.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2S. 135(2) substituted by Army and Air Force Act 1961 (c. 52), s. 26(1)
F3Words inserted by Armed Forces Act 1981 (c. 55), s. 23(1)
F4Para. added by Armed Forces Act 1981 (c. 55), s. 23(1)
F5S. 135(5) substituted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 37; S.I. 2001/3234, art. 2
Modifications etc. (not altering text)
C3S. 135 modified (1.4.1997) by 1996 c. 14, s. 102(1)(a); S.I. 1997/305, art. 2(1)(a)
Marginal Citations
Textual Amendments applied to the whole legislation
F6Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2