Statutory Instruments
2007 No. 1859
defence
The Armed Forces (Alignment of Service Discipline Acts) Order 2007
Made
27th June 2007
Coming into force
28th June 2007
The Secretary of State makes the following Order in exercise of the powers conferred by section 381(1) of the Armed Forces Act 2006( 1 ).
In accordance with section 373(3)(a) of the Armed Forces Act 2006 a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
1. This Order may be cited as the Armed Forces (Alignment of Service Discipline Acts) Order 2007 and shall come into force on the day after that on which it is made.
2. The Schedule to this Order shall have effect.
Derek Twigg
Under Secretary of State
Ministry of Defence
27th June 2007
Article 2
SCHEDULE Amendments of Service Discipline Acts: trial of civilians by courts-martial
Army Act 1955
1. —(1)Section 209 of the Army Act 1955( 2 ) (application of Act to civilians) is amended as follows.
(2) In subsection (3) paragraphs (fa) and (faa) are repealed.
(3) Before subsection (4) there is inserted—
“ (3D) Rules under section 103 may, in relation to a court-martial for the trial of a person mentioned in subsection (1) or (2) above (whether alone or with other persons), make provision—
(a) as to the persons who may be appointed under section 84D(1)(a) or (c) or (2)(a) or (c) as members of the court-martial (and the rules may in particular provide that persons other than military officers or military warrant officers may be so appointed);
(b) modifying the application of Part 2 of this Act in consequence of any provision made by virtue of paragraph (a). ”
Air Force Act 1955
2. —(1)Section 209 of the Air Force Act 1955( 3 ) (application of Act to civilians) is amended as follows.
(2) In subsection (3) paragraphs (fa) and (faa) are repealed.
(3) Before subsection (4) there is inserted—
“ (3D) Rules under section 103 may, in relation to a court-martial for the trial of a person mentioned in subsection (1) or (2) above (whether alone or with other persons), make provision—
(a) as to the persons who may be appointed under section 84D(1)(a) or (c) or (2)(a) or (c) as members of the court-martial (and the rules may in particular provide that persons other than air-force officers or air-force warrant officers may be so appointed);
(b) modifying the application of Part 2 of this Act in consequence of any provision made by virtue of paragraph (a). ”
Naval Discipline Act 1957
(2) For subsection (3A) substitute—
“ (3A) Rules under section 58 may, in relation to a court-martial for the trial of a person mentioned in subsection (1) or (2) above (whether alone or with other persons), make provision—
(a) as to the persons who may be appointed under section 54(1)(a) or (c) as members of the court-martial (and the rules may in particular provide that persons other than naval officers or naval warrant officers may be so appointed);
(b) modifying the application of Part 2 of this Act in consequence of any provision made by virtue of paragraph (a). ”
(3) In subsection (3B) for “such a person” substitute “a person mentioned in subsection (1) or (2) above”.