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Naval Discipline Act 1957 (repealed)

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Changes over time for: Section 52C

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Version Superseded: 28/02/2002

Status:

Point in time view as at 01/04/1997. This version of this provision has been superseded. Help about Status

Changes to legislation:

Naval Discipline Act 1957 (repealed), Section 52C is up to date with all changes known to be in force on or before 30 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F152C Powers of higher authority.F2U.K.

(1)Where a charge is referred to higher authority, the higher authority shall refer the case to the prosecuting authority unless he takes one of the steps mentioned in this section in relation to the charge.

(2)The higher authority may refer the charge back to the commanding officer of the accused with a direction to dismiss it or to stay all further proceedings in relation to it; and the commanding officer shall deal with the charge accordingly.

(3)If the charge is against a rating and is capable of being tried summarily, the higher authority may, subject to subsection (4) below, refer it back to the commanding officer of the accused to be so tried.

(4)If the charge has been referred to the higher authority as a result of an election for court-martial trial, and that election has not been withdrawn with leave, he may not refer the charge back to the commanding officer of the accused to be tried summarily.

(5)This section has effect subject to any power of the higher authority under section 52G(1) below to order a disciplinary court.]

Textual Amendments

F1Ss. 52B-52G inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 13; S.I. 1997/304, art. 2 (with art. 3)

Textual Amendments applied to the whole legislation

F2Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions

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