[F152E Commanding officers.F6U.K.
(1)In this Act “the commanding officer”, in relation to a person charged with [F2, or in custody in connection with,]] an offence, means the officer in command of the ship or naval establishment to which he belongs at the time of the commission of the offence [F3, while he is in custody in connection with it] or at the time of its investigation or summary trial.
(2)The Defence Council may by regulations make provision—
(a)enabling the powers conferred by this Act on the commanding officer of [F4a person charged with, or in custody in connection with, an offence] to be exercised by other persons of such descriptions as may be specified;
(b)with respect to the delegation by the commanding officer, or other person exercising the powers of a commanding officer by virtue of regulations under paragraph (a) above, of any of his powers to any officer not below the rank of lieutenant or corresponding rank.
(3)An officer to whom any powers are delegated by virtue of subsection (2)(b) above shall not have power to award any punishment other than a fine, stoppages or those described in section 43(1)(m) of this Act.
[F5(3A)Subsection (2)(b) above is without prejudice to section 47F(1)(a) of this Act.]
(4)The reference in subsection (3) above to stoppages does not include a reference to stoppages for personal injury.
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)
F2Words in s. 52E(1) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 8(2)(a); S.I. 2000/2366, art. 2 (with Sch. para. 15)
F3Words in s. 52E(1) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 8(2)(b); S.I. 2000/2366, art. 2 (with Sch. para. 15)
F4Words in s. 52E(2)(a) substituted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 8(3); S.I. 2000/2366, art. 2 (with Sch. para. 15)
F5S. 52E(3A) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 8(4); S.I. 2000/2366, art. 2 (with Sch. para. 15)
Textual Amendments applied to the whole legislation
F6Act repealed (prosp.)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