The Court Martial Appeal Court Rules 2009

Statutory Instruments

2009 No. 2657

Courts-martial (appeals)

The Court Martial Appeal Court Rules 2009

Made

2nd October 2009

Laid before Parliament

6th October 2009

Coming into force

31st October 2009

The Lord Chief Justice, in exercise of the power conferred by section 49 of the Courts-Martial (Appeals) Act 1968(1), including that section as extended by section 163(9) of the Armed Forces Act 2006(2), and with the agreement of the Lord Chancellor, makes the following Rules:

(1)

1968 c. 20; section 49 was amended and partly repealed by the Constitutional Reform Act 2005 (c. 4), section 12(2) and Schedule 1, Part 2, paragraph 9 and by section 146 and Schedule 18, Part 1. The amendments provide for rules under section 49 to be made in accordance with Part 1 of Schedule 1 to the 2005 Act.

(2)

2006 c. 52. By section 163(3)(i) of that Act, Court Martial rules may make provision for appeals against orders or rulings as there set out. Section 163(9) of that Act enables Court Martial rules to confer jurisdiction on the Court Martial Appeal Court and confirms that rules under section 49 of the 1968 Act may make provision about the powers of the Court Martial Appeal Court in relation to appeals made by virtue of section 163(3)(i).