Part II Discipline and Trial and Punishment of Air-Force Offences

F3 The summary appeal court

Annotations:
Amendments (Textual)
F3

S. 83ZA and cross-heading inserted (2.10.2000) by 2000 c. 4, s. 14(1); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)

F283ZC Officers qualified for membership of summary appeal court.

1

Subject to subsections (2) and (3) below, an officer is qualified under this section for membership of the summary appeal court if he is an air-force officer who has held a commission in any of Her Majesty’s naval, military, or air forces for a period of not less than two years or periods amounting in the aggregate to not less than two years.

2

Subject to subsection (3) below, rules under section 83ZJ of this Act may specify circumstances in which any other air-force officer or a naval or military officer is qualified under this section for membership of the court.

3

The following are not qualified under this section for membership of the court—

a

the court administration officer,

b

an officer under the command of the court administration officer,

c

the prosecuting authority,

d

any person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990,

e

an advocate in Scotland or a solicitor who has a right of audience in the Court of Session or the High Court of Justiciary,

f

a member of the Bar of Northern Ireland,

g

a person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules, or

h

any person who is, or has at any time during the preceding five years been, a provost officer.

4

In this section—

  • “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;

  • “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and

  • “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M1Naval Discipline Act 1957.