Modifications etc. (not altering text)
C1Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2
Valid from 02/10/2000
Textual Amendments
F1S. 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)
(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
“” means an officer belonging to Her Majesty’s naval forces and subject to the M1Naval Discipline Act 1957.]
Textual Amendments
F2S. 83ZC inserted (2.10.2000) by 2000 c. 4, s. 16(2); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)
Marginal Citations
Textual Amendments applied to the whole legislation
F3Act: 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