# The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, Article 121: Appeal against finding of unfitness to stand trial


(1) In section 24(1) of CMAA 1968 (appeal against finding of unfitness to stand trial) the reference to the Court Martial includes a court-martial.
(2) Where, before commencement, the Appeal Court allowed an appeal under section 24 of CMAA 1968, paragraph (b) of section 25(2) of that Act applies as if the court had made an order under paragraph (a) of that subsection.
(3) Where section 20 of CMAA 1968 applies by virtue of paragraph (2) above—
(a) the Appeal Court is to be regarded for the purposes of that section as having made an order under section 25(2)(a) of that Act on the date on which the court allowed the appeal; and
(b) references in that section to the setting aside of the order under section 19 of that Act are to be read as references to a direction by the Appeal Court that paragraph (2) above shall cease to apply.

---
Source: https://www.legislation.gov.uk/uksi/2009/1059/article/121 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-121
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.