The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

CHAPTER 3 U.K. Activation of SDA suspended sentence of service detention following civilian conviction

Activation where application for approval made before commencement U.K.

62.—(1) This article applies where at commencement—

(a) an officer has made an application for approval, under regulation 49A of the Naval Summary Discipline Regulations (February) 2009, of an order which the officer proposes to make under section 91B of NDA 1957 (activation of sentence of detention by CO) by virtue of section 91B(1)(b) (conviction of offence in the British Islands); and

(b) either—

(i) no decision has been made on the application; or

(ii) approval has been granted but the order has not been made.

(2) In any such case an order under section 91B(1) of NDA 1957, with or without a direction under section 91B(6)(a), may be made as if NDA 1957 continued in force (and had done so since commencement); but this is subject to paragraph (3).

(3) Paragraph (2) is subject to regulations 45A and 49A of the Naval Summary Discipline Regulations (February) 2009 (requirement for approval and for notification of order to offender), which shall continue in force for the purposes of this article.

(4) Regulation 53A of those regulations (power to withdraw order etc) shall continue in force in relation to any order or direction made by virtue of this article.