Statutory Instruments
2005 No. 3486
DEFENCE
The Summary Appeal Court (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 83ZJ of the Army Act 1955( 1 ):
Citation and commencement
1. These Rules may be cited as the Summary Appeal Court (Army) (Amendment) Rules 2005 and shall come into force on 2nd February 2006.
Amendment of Rules
2. The following rule shall be inserted after rule 43 of the Summary Appeal Court (Army) Rules 2000( 2 )—
“ 43A. The jurisdiction of the court to make an order ( 3 ) —
(a) as to the payment of costs incurred by a party to proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings as described in section 26(1) of the Armed Forces Act 2001 ( 4 ) ; or
(b) disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001 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 83ZJ was inserted by section 22 of the Armed Forces Discipline Act 2000 (c. 4) .
S.I. 2000/2371 , 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.2005/3478 ).