2004 No. 66
The Naval Discipline Act 1957 (Remedial) Order 2004
Made
Laid before Parliament
Coming into force
Whereas it appears to the Secretary of State that, having regard to a finding of the European Court of Human Rights1 made after the coming into force of section 10 of the Human Rights Act 19982 in proceedings against the United Kingdom, certain provisions of the Naval Discipline Act 19573 are incompatible with an obligation of the United Kingdom arising from the Convention4;
And whereas the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order5 to make such amendments to the Naval Discipline Act 1957 as he considers necessary to remove the incompatibility;
And whereas it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a), (2) and (3) of Schedule 2 to, the Human Rights Act 1998, hereby makes the following Order:
Citation and Commencement1
This Order may be cited as the Naval Discipline Act 1957 (Remedial) Order 2004 and shall come into force on 16th January 2004.
Amendment of the Naval Discipline Act 19572
1
The Naval Discipline Act 1957 is amended as follows.
2
In section 47M(1) and (2)(c), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”6.
3
In section 52FG(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”7.
4
In section 52FJ(3), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”8.
5
In section 53B(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”9.
6
In section 53C(2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”10.
7
In section 59(4A), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”11.
Amendment of the Courts-Martial (Royal Navy) Rules 19973
1
The Courts-Martial (Royal Navy) Rules 199712 are amended as follows.
2
In rule 2 in the definition of “the judge advocate”, for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
3
In rule 8(2)(b), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
4
In rule 9—
a
in paragraph (1), for “Chief Naval Judge Advocate, or an officer” there is substituted “Judge Advocate of Her Majesty’s Fleet, or a person”; and
b
in paragraph (2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Naval Custody Rules 20004
1
The Naval Custody Rules 200013 are amended as follows.
2
In rule 2(3), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
3
In rule 16(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
4
In rule 18(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Summary Appeal Court (Navy) Rules 20005
1
The Summary Appeal Court (Navy) Rules 200014 are amended as follows.
2
In rule 2(2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
3
In rule 12(5)(a), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
4
In rule 15(3)(c), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
5
In rule 22(1)(d), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Administration of Oaths (Summary Appeal Court) (Navy) Order 20006
In article 2(1)(a) of the Administration of Oaths (Summary Appeal Court) (Navy) Order 200015, for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(This note is not part of the Order)