# The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, Article 59: Applications for purposes of AFA 2006 made before commencement


(1) Paragraph (2) applies where either of the following applications is made before commencement—
(a) an application for permission for the purposes of section 54 of AFA 2006 (permission to hear charge summarily);
(b) an application for extended powers for the purposes of section 133(1) or (2), 134, 135(1) or 136(1)(b) of that Act (extended powers of punishment).
(2) The application, and any grant of the application or notification of its grant (whenever made), are to be treated as validly made if made in accordance with any provision of AFA 2006 or of rules under that Act that would apply if the application had been made after commencement.
(3) Paragraph (4) applies where—
(a) before commencement, an application for permission to award extended detention was made in accordance with regulation 30 of the Custody and Summary Dealing (Army) Regulations 2006 or regulation 17 of the Pre-Charge Custody and Summary Dealing (Royal Air Force) Regulations 2000 ; and
(b) (before or after commencement) the application is treated by higher authority as an application under section 133(3) of AFA 2006 for extended powers for the purposes of section 133(1).
(4) Any grant of those extended powers, or notification of their grant, in response to the application is to be treated as validly made if made in accordance with any provision of AFA 2006 or of rules under that Act that applies in relation to the grant of applications for such powers made after commencement.
(5) Nothing in paragraphs (3) and (4) invalidates the treatment of the application as an application for permission to award extended detention under the regulations mentioned in paragraph (3)(a) (whether that treatment was as well as or instead of treating the application as mentioned in paragraph (3)(b)).

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Source: https://www.legislation.gov.uk/uksi/2009/1059/article/59 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-59
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.