Statutory Instruments
2005 No. 3484
DEFENCE
The Courts-Martial (Royal Navy) (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 58(2) of the Naval Discipline Act 1957( 1 ):
Citation and commencement
Amendment of Rules
“ (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
1957 c. 53 ; section 58 was substituted by section 5 of and paragraph 57 of Schedule 1 to the Armed Forces Act 1996 (c. 46) and section 58(2)(nn) was inserted by section 28 of the Armed Forces Act 2001 (c. 19) .
S.I. 1997/170 , 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 ).