An Act to establish a Courts–Martial Appeal Court and provide for appeals thereto from courts–martial and certain naval disciplinary courts; to make provision with respect to the offices of Judge Advocate of His Majesty’s Fleet and Judge Advocate General; and for purposes connected with the matters aforesaid.
[1st August 1951]
Modifications etc. (not altering text)
C1Functions of Treasury under this Act now exercisable by Minister for the Civil Service: S.I. 1971/2099
C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Textual Amendments
F1Ss. 1–27 repealed by Courts–Martial (Appeals) Act 1968 (c. 20), Sch. 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 28 repealed (1.1.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3
Any appointment after the passing of this Act of a person to be the Advocate General or Judge Martial of all [F3Her Majesty's regular and reserve naval, land and air forces] (commonly known, and hereafter in this Part of this Act referred to, as the “Judge Advocate General”) shall be of a person recommended to His Majesty by the Lord Chancellor.
Textual Amendments
F3Words in s. 29 substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 16; S.I. 2007/2913, art. 3
(1)For the purpose of assisting the Judge Advocate General in the exercise and performance of his powers and duties there shall be—
(a)an officer to be known as the Vice Judge Advocate General, to be appointed by the Lord Chancellor; and
(b)such number of officers to be known as Assistant Judge Advocates General F4. . . to be appointed F5. . . by the Lord Chancellor, as the Lord Chancellor, with the approval of the Treasury, may determine.
(2)If at any time it appears to the Lord Chancellor that it is expedient that the Judge Advocate General should be temporarily assisted in the exercise and performance of his powers and duties by more persons than hold appointments by virtue of the foregoing subsection, the Lord Chancellor may appoint such persons temporarily to assist the Judge Advocate General in the exercise and performance of his powers and duties as the Lord Chancellor may, with the approval of the Treasury as to numbers, determine.
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Words in s. 30(1)(b) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 2 para. 5(a), Sch. 7 Pt. 3; S.I. 2001/3234, art. 2
F5Words in s. 30(1)(b) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 2 para. 5(b), Sch. 7 Pt. 3; S.I. 2001/3234, art. 2
F6S. 30(3)-(5) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 1; S.I. 2022/1014, reg. 2(d) (with reg. 3)
(1)No person shall be qualified for appointment as Judge Advocate General [F7unless he is—
[F8(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;]
(b)an advocate in Scotland of at least [F97] years’ standing, or a solicitor who has [F10had a right of audience in the Court of Session or] the High Court of Justiciary for at least [F9 7] years;
(c)a member of the Bar of Northern Ireland of at least [F117] years’ standing;
(d)the Vice Judge Advocate General; or
(e)an Assistant Judge Advocate General.]
(2)No person shall be qualified for appointment as the Vice Judge Advocate General or an Assistant Judge Advocate General [F12unless he is—
[F13(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;]
(b)an advocate in Scotland of at least [F145] years’ standing, or a solicitor who has [F10had a right of audience in the Court of Session or] the High Court of Justiciary for at least [F145] years [F15or];
(c)a member of the Bar of Northern Ireland of at least [F165] years’ standing;]. . .
F17(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Before recommending a person for appointment as Judge Advocate General or appointing a person to be the Vice Judge Advocate General [F19or an Assistant Judge Advocate General], the Lord Chancellor shall take steps to satisfy himself that the health of the person proposed to be recommended for appointment, or to be appointed, as the case may be, is satisfactory.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
Textual Amendments
F7Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 11(1)
F8S. 31(1)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 6(2)(a); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F9Words in s. 31(1)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 6(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F10Words in s. 31 in para. (b) in each of the subsections of (1),(2) and (3) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 65; S.I. 1997/304, art. 2 with savings in para. 3
F11Word in s. 31(1)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 6(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F12Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 11(2)
F13S. 31(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 6(3)(a); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F14Words in s. 31(2)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 6(3)(b); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F15Word in s. 31(2)(b) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 2 para. 6(a)(i); S.I. 2001/3234, art. 2
F16Words in s. 31(2)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 6(3)(b); S.I. 2008/1653, art. 2(d) (with arts. 3 4)
F17S. 31(2)(d) and word preceding it repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 2 para. 6(a)(ii), Sch. 7 Pt. 3; S.I. 2001/3234, art. 2
F18S. 31(3) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 2 para. 6(b), Sch. 7 Pt. 3; S.I. 2001/3234, art. 2
F19Words in s. 31(4) substituted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 2 para. 6(c); S.I. 2001/3234, art. 2
F20S. 31(5) repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76), s. 125(7), Sch. 20
[F21(1)The Judge Advocate General shall be removable by Her Majesty on the ground of inability or misbehaviour upon a recommendation in that behalf made by the Lord Chancellor with the concurrence of all of the following—
(a)the Lord Chief Justice of England and Wales;
(b)the Lord President of the Court of Session;
(c)the Lord Chief Justice of Northern Ireland.
(1A)The Vice Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of all of the following—
(a)the Lord Chief Justice of England and Wales;
(b)the Lord President of the Court of Session;
(c)the Lord Chief Justice of Northern Ireland.
(1B)An Assistant Judge Advocate General may be removed for inability or misbehaviour by the Lord Chancellor with the concurrence of the appropriate senior judge.
(1C)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—
(a)the Assistant Judge Advocate General exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or
(b)the Assistant Judge Advocate General exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.]
(2)The Judge Advocate General shall F22... vacate his office [F23on the day on which] he attains the age of [F2475], and any such officer as is mentioned in subsection (1) of section thirty of this Act shall vacate his office [F23on the day on which] he attains the age of [F2475]:
[F25Provided that, where the Lord Chancellor considers it desirable in the public interest to retain the Judge Advocate General or any such officer as aforesaid in office after the time when his office is required to be vacated under the foregoing provisions of this subsection, the Lord Chancellor may from time to time authorise the continuance of the Judge Advocate General or officer in office up to such age (not exceeding seventy–two years in the case of the Judge Advocate General and seventy years in any other case) as the Lord Chancellor thinks fit.]
(3)A person appointed under subsection (2) of section thirty of this Act temporarily to assist the Judge Advocate General in the exercise and performance of his powers and duties shall hold and vacate office in accordance with the terms of his appointment.
Textual Amendments
F21 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 40; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(d)
F22Words in s. 32(2) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 5(a) (with Sch. 1 para. 43)
F23Words in s. 32(2) inserted (31.3.1995) by 1993, c. 8, s. 26, Sch. 6 para. 34(a)(b)
F24Word in s. 32(2) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 5(b) (with Sch. 1 para. 43)
F25Proviso to s. 32(2) repealed and superseded (31.3.1995) by 1993, c. 8, ss. 26 (4)-(6), 31(4), Sch. 6 para. 34(c), Sch. 9
There may be paid to the Judge Advocate General and the persons appointed under this Part of this Act to assist him in the exercise and performance of his powers and duties, out of moneys provided by Parliament, such salaries and such F26... allowances as the Lord Chancellor may, with the approval of the Treasury, determine.
Textual Amendments
F26Words in s. 33 omitted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 3
Textual Amendments
F27S. 34 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4
[F29(1)]The principal civil service pension scheme within the meaning of section 2 of the M1Superannuation Act 1972 and for the time being in force shall have effect as if employment as such an officer as is mentioned in section 30(1) of this Act were employment in the civil service of the State.]
[F29(2)The foregoing subsection shall not have effect in relation to a person to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.]
Textual Amendments
F28S. 35 substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 29
F29S. 35 renumbered (31.3.1995) as s. 35(1) and s.35(2) added (31.3.1995) by 1993, c. 8, ss. 31(3), Sch. 8 para. 1
Marginal Citations
This Act may be cited as the Courts–Martial (Appeals) Act, 1951.