Statutory Instruments
2002 No. 230
DEFENCE
The Courts-Martial (Army) (Amendment) Rules 2002
Made
5th February 2002
Laid before Parliament
7th February 2002
Coming into force
28th February 2002
The Secretary of State, in exercise of the powers conferred on him by sections 92(5), 103 and 143(1) of the Army Act 1955( 1 ), hereby makes the following Rules:—
Citation and commencement
1. These Rules may be cited as the Courts-Martial (Army) (Amendment) Rules 2002 and shall come into force on 28th February 2002.
Amendments to Rules
2. —(1) The Courts-Martial (Army) Rules 1997( 2 ) are amended in accordance with the provisions of this rule.
(2) In paragraphs (2)(b) and (3)(b) of rule 16 (convening the court), after “officer members of the court,” there is inserted “any warrant officer members of the court,”.
(3) In rule 17 (ineligibility for membership of courts-martial), after “An officer” there is inserted “or warrant officer”.
(4) In rule 37(6)(ii) (pre-trial hearing), after “officer members” there is inserted “and any warrant officer members”.
(5) In rule 38(1)(b) (challenges and oaths at a pre-trial hearing), after “officer member” there is inserted “or warrant officer member”.
(6) In rule 40 (challenges by the accused)—
(a) in paragraph (2), after “officer” there is inserted “or warrant officer”; and
(b) in paragraph (6), after “officer member other than the president” there is inserted “or any warrant officer member”.
(7) In rule 41(3) (administration of oaths and affirmations), after paragraph (b) insert—
“ (bb) any warrant officer member of the court; ” .
(8) In Schedule 2, Form 1 (form of summons to witness), after “documents” in each place where it occurs there is inserted “or things”.
Adam Ingram
Minister of State, Ministry of Defence
5th February 2002
1955 c. 18 ; section 103 was substituted by, and sections 92(5) and 143(1) were amended by, the Armed Forces Act 1996 (c. 46) , Schedule 1, paragraphs 30, 23 and 69 respectively. Section 92(5) was further amended by the Armed Forces Act 2001 (c. 19) , Schedule 2, paragraph 3.
S.I. 1997/169 , to which there are amendments not relevant to these rules.