Statutory Instruments
2004 No. 66
DEFENCE
The Naval Discipline Act 1957 (Remedial) Order 2004
Made
14th January 2004
Laid before Parliament
15th January 2004
Coming into force
16th January 2004
Whereas it appears to the Secretary of State that, having regard to a finding of the European Court of Human Rights( 1 ) made after the coming into force of section 10 of the Human Rights Act 1998( 2 ) in proceedings against the United Kingdom, certain provisions of the Naval Discipline Act 1957( 3 ) are incompatible with an obligation of the United Kingdom arising from the Convention( 4 );
And whereas the Secretary of State considers that there are compelling reasons for proceeding by way of a remedial order( 5 ) to make such amendments to the Naval Discipline Act 1957 as he considers necessary to remove the incompatibility;
And whereas it appears to the Secretary of State that, because of the urgency of the matter, it is necessary to make the order without a draft being approved by resolution of each House of Parliament;
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 10(2) of, and paragraph 1(1)(a), (2) and (3) of Schedule 2 to, the Human Rights Act 1998, hereby makes the following Order:
Citation and Commencement
Amendment of the Naval Discipline Act 1957
(2) In section 47M(1) and (2)(c), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”( 6 ).
(3) In section 52FG(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”( 7 ).
(4) In section 52FJ(3), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”( 8 ).
(5) In section 53B(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”( 9 ).
(6) In section 53C(2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”( 10 ).
(7) In section 59(4A), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”( 11 ).
Amendment of the Courts-Martial (Royal Navy) Rules 1997
(2) In rule 2 in the definition of “the judge advocate”, for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(3) In rule 8(2)(b), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(4) In rule 9—
(a) in paragraph (1), for “Chief Naval Judge Advocate, or an officer” there is substituted “Judge Advocate of Her Majesty’s Fleet, or a person”; and
(b) in paragraph (2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Naval Custody Rules 2000
(2) In rule 2(3), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(3) In rule 16(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(4) In rule 18(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Summary Appeal Court (Navy) Rules 2000
(2) In rule 2(2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(3) In rule 12(5)(a), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(4) In rule 15(3)(c), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
(5) In rule 22(1)(d), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Administration of Oaths (Summary Appeal Court) (Navy) Order 2000
Ivor Caplin
Parliamentary Under Secretary of State, Ministry of Defence
14th January 2004
In the case of Mark Grieves v United Kingdom (Application No. 57067/00), judgment of 16th December 2003.
See section 21(1) of the Human Rights Act 1998 for the meaning of “the Convention”.
See section 21(1) of the Human Rights Act 1998 for the meaning of “remedial order”.
Section 47M was inserted by section 7(2) of the Armed Forces Discipline Act 2000 (c. 4) and subsection (2) was amended by paragraph 36(2) of Schedule 6 to the Armed Forces Act 2001 (c. 19) .
Section 52FG was inserted by section 15(2) of the Armed Forces Discipline Act 2000 (c. 4) .
Section 52FJ was inserted by section 17(2) of the Armed Forces Discipline Act 2000 (c. 4) .
Section 53B was inserted by paragraph 51 of Schedule 1 to the Armed Forces Act 1996 (c. 46) .
Section 53C was inserted by paragraph 51 of Schedule 1 to the Armed Forces Act 1996 (c. 46) and was amended by paragraph 15 of Schedule 2 to the Armed Forces Act 2001 (c. 19) .
Section 59(4A) was inserted by paragraph 58(6) of Schedule 1 to the Armed Forces Act 1996 (c. 46) .
S.I. 2000/2367 .
S.I. 2000/2370 .
S.I. 2000/2376 .