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Section 134 Forfeiture of seniority: requirement for approvalI1I2

United Kingdom

(1)

A commanding officer may not award forfeiture of seniority under row 2 of the Table in section 132 unless he has extended powers for the purposes of this section.

(2)

A commanding officer has extended powers for the purposes of this section if he has, F1within the relevant time (defined by section 135A) —

(a)

applied to higher authority for extended powers for the purposes of this section; and

(b)

been notified by higher authority that his application has been granted.

(3)

A commanding officer also has extended powers for the purposes of this section if he is of or above the rank of rear admiral, major-general or air vice-marshal.

Annotations

Textual amendments

F1

Words in s. 134(2) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 10; S.I. 2012/669, art. 4(d)

Commencement

I1

S. 134 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

S. 134 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)