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Paragraph 161 I1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In Schedule 7 to that Act (transitional provision), in paragraph 6(6)—

(a)

in paragraph (a) for the words from “the prosecuting authority” to the end substitute “ the charge is brought under section 122 of the Armed Forces Act 2006; ”.

(b)

for paragraph (b) substitute—

“(b)

proceedings on appeal are to be taken to be instituted—

(i)

in the case of an appeal under the Court Martial Appeals Act 1968, when the application for leave to appeal is lodged in accordance with section 9 of that Act;

(ii)

in the case of an appeal under section 285 of the Armed Forces Act 2006 (except one for which leave is required), when the notice of appeal is given;

(iii)

in the case of an appeal under that section for which leave is required, when the application for leave to appeal is lodged;

(iv)

in the case of a reference under section 34 of the Court Martial Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act 1995, when the reference is made.”

Annotations

Commencement

I1

Sch. 16 para. 161 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

Sch. 16 para. 161 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)