Statutory Instruments
2005 No. 3483
DEFENCE
The Courts-Martial (Army) (Amendment) Rules 2005
Made
19th December 2005
Laid before Parliament
29th December 2005
Coming into force
2nd February 2006
The Secretary of State makes the following Rules in exercise of the powers conferred by section 103(2) of the Army Act 1955( 1 ):
Citation and commencement
1. These Rules may be cited as the Courts-Martial (Army) (Amendment) Rules 2005 and shall come into force on 2nd February 2006.
Amendment of Rules
2. The following paragraph shall be inserted after paragraph (1) of rule 43 of the Courts-Martial (Army) Rules( 2 )—
“ (1A) The jurisdiction of the court to make an order ( 3 ) –
(a) as to the payment of costs incurred by a party to the proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings; or
(b) disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001 ( 4 ) to meet the whole or any part of any wasted costs as there defined
may be exercised by the judge advocate sitting alone and he may direct the other members of the court to withdraw for the purpose of exercising the jurisdiction. ” .
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
19th December 2005
1955 c. 18 ; section 103 was substituted by section 5 of and paragraph 30 of Schedule 1 to the Armed Forces Act 1996 (c. 46) and section 103(2)(mm) was inserted by section 28 of the Armed Forces Act 2001 (c. 19) .
S.I. 1997/169 , to which there are amendments not relevant to these Regulations.
Such an order may be made under the Armed Forces Proceedings (Costs) Regulations 2005 (S.I. 3478 /2005) .