(b)for “that section” there is substituted “section 83ZC”; and
(c)for “military officers so qualified” there is substituted “persons belonging to Her Majesty’s air forces and qualified for membership of the court”.
(3)After paragraph (2) there is inserted—“2A Subject to section 83ZC(3) of the Act and rule 24, an officer shall be qualified under section 83ZC for membership of the court for the purposes of hearing an appeal if—a immediately before receiving his commission, he was a warrant officer in any of Her Majesty’s naval, military or air forces, andb the appellant is of a rank below that which the officer held immediately before he received his commission, andc if the officer is a naval or military officer, the court administration officer considers that the necessary number of persons belonging to Her Majesty’s air forces and qualified for membership of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.”
Article 6Officers who are ineligible to hear particular appeals#
(2)In paragraph (c), after “section 76(5)” there is inserted “, 76AA(3) or 76B(4)”.
(3)In paragraph (d), for “he approved or otherwise consented to any punishment awarded” there is substituted “he was asked to consent to the award of any punishment”.
(4)In paragraph (f), after “to which the appeal relates” there is inserted—“; org he serves under the command of any officer falling within paragraphs (a) to (d).”
In rule 25 of the principal Rules, after “section 83ZC of the Act” there is inserted “, an order made by virtue of section 20 of the Armed Forces Act 2001”.
Article 8Information to be provided by the respondent#
(2)At the end of paragraph (2)(d), “and” is omitted.
(3)In paragraph (2)(e), after “Northern Ireland” there is inserted—“; andf the appellant’s rate of pay, including any allowances to which he is entitled and any deductions to which he is liable.”
(4)After paragraph (2) there is inserted—“2A If on dealing with the charge summarily a punishment under section 76C(3)(a) or (10) of the Act was awarded, the information to be provided under paragraph (2)(f) shall include—a details of the appellant’s rate of pay immediately before and after that punishment took effect, andb if there is another such punishment which the court could award, details of what his rate of pay would be if the court awarded that other punishment.”
(1)Rule 4 does not preclude a hearing of an application under section 83ZE(2) of the Air Force Act 1955 if the applicant has requested such a hearing under rule 10(4) of the principal Rules before these Rules come into force.
(2)Rules 5, 6 and 8 apply only to hearings which begin after these Rules come into force.
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