Explanatory note

This Order brings into force sections 26, 27 and 28 of the Armed Forces Act 2001. Section 26 provides for the making of regulations empowering courts to order the payment to a party to proceedings for an offence under the Army Act 1955 (c. 18), the Air Force Act 1955 (c. 19) or the Naval Discipline Act 1957 (c. 53) (the services Acts) of costs incurred by that party as a result of the unnecessary or improper act or omission of another party. Section 27 empowers a court in any proceedings for an offence under any of the services Acts to disallow the wasted costs of a party’s legal or other representative or to order that representative to meet the wasted costs incurred by another party. Section 28 contains provisions supplementary to sections 26 and 27.