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The Armed Forces (Custody Without Charge) Regulations 2009

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This is the original version (as it was originally made).

PART 2DELEGATION

Delegation of the commanding officer’s functions

3.—(1) A commanding officer may delegate to—

(a)an officer who is under his command and who is not below the rank of naval lieutenant, military or marine captain or flight lieutenant,

(b)a service policeman of no lower rank than naval lieutenant, military or marine captain or flight lieutenant, or

(c)if a person at paragraph (1)(a) or (b) is not reasonably available, a service policeman,

any or all of his functions under sections 98 to 102.

(2) A delegation under paragraph (1) shall not be made to a person who is the arresting officer.

(3) Subject to paragraph (1), a commanding officer may, at any time, vary or revoke a delegation made under this regulation.

(4) Wherever practicable, any delegation, variation or revocation under this regulation shall be made in writing.

Commanding officer’s restrictions on delegation

4.  A commanding officer who exercises his power of delegation under regulation 3 may impose such restrictions on the exercise of the functions so delegated as seem to him proper having regard to the rank or rate and experience of the person to whom the functions have been delegated.

Responsibilities on delegation

5.  A person who exercises powers delegated to him in accordance with regulation 3 shall—

(a)as soon as practicable, provide a written report to the commanding officer detailing how those powers have been exercised; and

(b)ensure that his name and rank or rate are noted on all the material made with regard to custody without charge.

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