Part IIU.K. Discipline and Trial and Punishment of Military Offences

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

Investigation of, and summary dealing with, chargesU.K.

82 Officers who are to act as commanding officers and appropriate superior authorities.F4U.K.

(1)In this Act the expression “commanding officer”, in relation to a person charged with [F1, or in custody in connection with,]an offence, means such officerhaving powers of command over that person as may be determined by or under regulations of [F2the Defence Council].

[F3(2)A person may act as appropriate superior authority in relation to a person charged with an offence if—

(a)he is a general officer, flag officer, air officer or [, brigadier or commodore], or

(b)where the Defence Council so direct, he is a colonel or a naval or air force officer of corresponding rank.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 82(1) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 2; S.I. 2000/2366, art. 2

F2Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F3S. 82(2) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 4(2); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Modifications etc. (not altering text)

C3Words in s. 82(2)(a) substituted (28.2.2002) by 2001 c. 19, s. 17, Sch. 2 para. 2; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

Textual Amendments applied to the whole legislation

F4Act: 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