Modifications etc. (not altering text)
C1Part III extended by Reserve Forces Act 1980 (c. 9), s. 142
(1)Any process to be served on an officer, warrant officer, non-commissioned officer or soldier of theregular forces (hereinafter referred to as “the defendant") in connection with proceedings for any suchorder of a court in the United Kingdom as is mentioned in subsection (1) of section one hundred and fiftyof this Act, or for the variation, revocation or revival of such an order, shall be deemed to be duly servedon him if served [F1on] his commanding officer, and may, without prejudice to any other method of service, be so served byregistered post.
(2)
F2(3)Where any such process as is mentioned in subsection (1) of this section is served in the United Kingdomand the defendant will be required to appear in person at the hearing, [F3the service of the process shall be of no effect] if his commanding officer certifies to the court by which the process was issued that the defendantis under orders for active service out of the United Kingdom and that in the commanding officer’s opinionit would not be possible for the defendant to attend the hearing and return in time to embark for thatservice, F4.
[F5(3A)Where any such process as is mentioned in subsection (1) of this section is to be served in the UnitedKingdom or elsewhere and the defendant will be required to appear in person at the hearing, the service ofthe process shall be of no effect if his commanding officer certifies to the court by which the process wasissued that the defendant is absent without leave or has deserted and remains in desertion.]
[F6(4)Nothing in this section shall be construed as enabling process to be served in connection withproceedings in a court of summary jurisdiction unless the defendant is within the United Kingdom.]
Textual Amendments
F1Word substituted by Armed Forces Act 1981 (c. 55), s. 18(2)(a)
F2Ss. 120(8), 152(3), and 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II
F3Words substituted by Armed Forces Act 1981 (c. 55), s. 18(2)(b)
F4Words repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II
F5S. 153(3A) inserted by Armed Forces Act 1981 (c. 55), s. 18(2)(c)
Textual Amendments applied to the whole legislation
F7Act: 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