The Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2006

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2006, and shall come into force on 26th September 2006.

(2) In this Order “the Act” means the Criminal Justice and Public Order Act 1994 and “the 1997 Order” means the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces ) Order 1997(1).

Amendment of the 1997 Order

2.—(1) Article 2(2)(e) of the 1997 Order is revoked.

(2) In the Schedule to the 1997 Order the modification made in column 2 to section 35(1) of the Act shall be substituted with ‘for the words ‘legal representative’ there shall be substituted the words ‘legal adviser’’, and in column 1 the reference to section 35(6) of the Act shall be omitted.

Application of the Act

3.—(1) The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall apply to the proceedings to which this Order applies, subject to the modifications specified in column 2 of that Schedule.

(2) This Order applies—

(a) to proceedings whereby a charge is summarily tried under Part II of the Naval Discipline Act 1957(2);

(b) to proceedings before a court-martial constituted under the Army Act 1955(3);

(c) to proceedings before a court-martial constituted under the Air Force Act 1955(4);

(d) to proceedings before a court-martial constituted under the Naval Discipline Act 1957;

(e) to proceedings before the Courts-Martial Appeal Court;

(f) to proceedings before a Standing Civilian Court;

and it applies wherever the proceedings take place.

(3) Schedule 2 to this Order sets out sections 34 to 38 of the Act as modified by the 1997 Order and the provisions of this order, as they apply to the proceedings listed at article 3(2).

Tom Watson

Parliamentary Under Secretary of State

Ministry of Defence

24th August 2006