Army Act 1955 (repealed)

82 Officers who are to act as commanding officers and appropriate superior authorities.F4 U.K.

(1) In this Act the expression “commanding officer”, in relation to a person charged with an offence, means such officerhaving powers of command over that person as may be determined by or under regulations of [F1 the Defence Council].

(2) [F2 The following persons may act as appropriate superior authority in relation to a personcharged with an offence, that is to say,—

(a) any general officer, flag officer, air officer or brigadier having power to convene generalcourts-martial; or

(b) such other general officer, flag officer, air officer or brigadier, or, where the Defence Council F3 so direct, colonel or naval or air force officer of corresponding rank, asmay be specified by or under regulations of the Defence Council]:

Provided that an officer under such rank as may be specified by regulations under this section shallnot act as appropriate superior authority where the accused is above such rank as may be so specified.

(3) Regulations under this section may confer on officers, or any class of officers, who by or under theregulations are authorised to exercise the functions of commanding officer power to delegate thosefunctions, in such cases and to such extent as may be specified in the regulations, to officers of a classso specified.

Textual Amendments

F1 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F2 Words substituted by Armed Forces Act 1966 (c. 45), s. 23(1)

F3 Words repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

Textual Amendments applied to the whole legislation

F4 Act: 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