The Armed Forces (Custody Without Charge) Regulations 2009

Regulation 11

SCHEDULE TRANSITIONAL PROVISIONS

PART 1 GENERAL

Interpretation

1.—(1) In this Schedule—

“the Army Regulations” means the Custody and Summary Dealing (Army) Regulations 2006(1);

“the Air Force Regulations” means the Pre-Charge Custody and Summary Dealing (Royal Air Force) Regulations 2000(2);

“commencement” means the date on which these Rules come into force;

“the Naval Regulations” means the Naval Custody Regulations 2000(3);

Record of custody

2.—(1) Subject to paragraph (2), regulation 10(3) to (5) shall apply in relation to written records made in accordance with regulation 6 of the Navy Regulations, regulation 20(2) of the Army Regulations or regulation 12 of the Air Force Regulations.

(2) In relation to a written record transferred to a court administration officer in accordance with regulation 6 of the Navy Regulations, regulation 10(5) has effect as if for the word “authorising officer” there were substituted “court administration officer”.

PART 2 STEPS TAKEN BEFORE COMMENCEMENT

Delegations

3.  Any delegation of a function with respect to pre-charge custody made in accordance with regulation 3 of the Navy Regulations, regulation 15(4) of the Army Regulations or regulation 4(2) of the Air Force Regulations is to be treated as a delegation made in accordance with regulation 3.

Representations

4.  Any representation made in accordance with regulation 4 of the Navy Regulations or regulation 20(1)(b) of the Army Regulations or regulation 12(1) of the Air Force Regulations made before commencement and which has not been determined is to be treated as a representation made in accordance with regulation 6(2)(g).

(1)

These Regulations are made by the Defence Council under sections 75E, 82, 83 and 209 of the Army Act 1955 (1955 c. 18) and published in the Manual of Military Law.

(2)

These Regulations are made by the Defence Council under sections 75E, 82, 83 and 209 of the Air Force Act 1955 (1955 c. 19) and published in the Manual of Air Force Law.

(3)

These Regulations are made by the Defence Council under section 47F of the Naval Discipline Act 1957 (1957 c. 53) and published in the Manual of Naval Law.