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Naval Discipline Act 1957 (repealed)
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Changes over time for: Section 53
Version Superseded: 01/04/1997
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- 01/02/1991- Amendment
- 01/10/1996
Point in time - 01/04/1997- Amendment
- 31/10/2009- Amendment
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Naval Discipline Act 1957 (repealed), Section 53 is up to date with all changes known to be in force on or before 15 September 2024.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.
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53 Ordering of courts-martial.F5U.K.
(1)Subject to the provisions of this section, a court-martial may be ordered by [F1the Defence Council], or by any officer of the Royal Navy who is authorised in that behalf by commission granted by [F1the Defence Council.]
(2)Where an officer authorised as aforesaid, and being in command of any fleet or squadron of Her Majesty’s ships abroad, dies, is recalled, leaves his station or is removed from his command, the officer on whom the command of the fleet or squadron for the time being devolves, may exercise the like power to order courts-martial as was exercisable by the officer authorised as aforesaid.
[F2(3)Any officer authorised to order courts-martial by commission of the Defence Council, and any officer having the like power by virtue of his being in command of a fleet or squadron formerly under the command of such an officer, may from time to time by commission authorise any officer of the Royal Navy under his command to order courts-martial; and any commission granted by virtue of this subsection shall continue in force until revoked by the officer by whom it was granted, by the officer for the time being having command of the fleet or squadron formerly commanded by that officer, or by the Defence Council.]
(4) . . . F3
(5)Where it appears to an officer authorised by or under this section to order a court-martial in respect of any matter that by reason of his own concern with that matter it is undesirable for him to determine whether a court-martial should be ordered, he shall either—
(a)request a flag officer to act on his behalf; or
(b)if no such officer is available, give notice of the case to [F1the Defence Council];
and a flag officer so requested to act may order a court-martial accordingly . . . F4 whether or not he is otherwise authorised to order a court-martial.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2S. 53(3) substituted by Armed Forces Act 1971 (c. 33), s. 48(3)
F3Ss. 53(4), 72(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II
F4Words repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II
Textual Amendments applied to the whole legislation
F5Act 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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