PART 4Transitory and transitional provisions

Transitory provision

31.—(1) Until section 23 of the Constitutional Reform Act 2005(1) comes into force—

(a)references in this Order to the Supreme Court are to be read as references to the House of Lords; and

(b)article 10(4)(a) and (b) is to be read, in each case, as if the words “that House” were substituted for “that Court”.

(2) Until paragraph 5 of Schedule 11 to that Act comes into force, the reference in article 12 to the Court of Judicature of Northern Ireland is to be read as a reference to the Supreme Court of Northern Ireland.

Transitional provisions

32.—(1) A person who was guilty of an offence under article 11 of the 2006 Order is to be treated for the purposes of this Order as if he were guilty of an offence under article 11 of this Order.

(2) Where before commencement—

(a)an order was made, in respect of a charge, under article 7(4)(b) of the 2006 Order, and

(b)no fresh court-martial was convened to try that charge,

that order is to have effect as if it were an order under article 7(4)(b) of this Order.

(3) Where before commencement an appeal was brought under the 2006 Order but not determined, it shall be treated as an appeal brought under this Order.

(4) Anything done before commencement in relation to an appeal which falls within paragraph (3), which would have been done in accordance with any provision of this Order if that provision had then been in force, is to be treated as having been done in accordance with that provision.

(5) In sections 39(1) and 42(1) of 1968 Act as amended by this Order, the references to this Order include references to the 2006 Order.