3
Nothing in article 2 of this Order, in so far as it relates to section 23 of the Act, shall have effect in relation to—
a
any case in respect of which the prosecuting authority has notified the commanding officer of the accused of any charge preferred, or
b
any appeal to a court-martial from a Standing Civilian Court in respect of which the prosecuting authority has notified the commanding officer of the accused of any charge which is the subject of the appeal,
before 28th February 2002.