OpenLegislation

Section 156 Officers etc qualified for membership of the Court MartialI1I2

(1)

Subject to subsections (2) to (4), an officer F1, warrant officer or OR-7 rank is qualified for membership of the Court Martial if he is subject to service law.

(2)

An officer is not qualified for membership of the court unless—

(a)

he has held a commission in any of Her Majesty's forces for at least three years, or for periods amounting in the aggregate to at least three years; or

(b)

immediately before receiving his commission, he was a warrant officer in any of those forces.

(3)

A warrant officer is not qualified for membership of the court if he is an acting warrant officer.

(3A)

F2An OR-7 rank is not qualified for membership of the court if that person is an acting—

(a)

chief petty officer,

(b)

staff corporal,

(c)

staff sergeant,

(d)

colour sergeant, Royal Marines,

(e)

flight sergeant, or

(f)

chief technician.

(4)

An officer F3, warrant officer or OR-7 rank is not qualified for membership of the court if—

(a)

he is a member of the Military Court Service;

(b)

he is a member of or on the staff of the Service Prosecuting Authority;

(c)

he is a service policeman;

(d)

he is a member of the Royal Army Chaplains' Department or the Royal Air Force Chaplains' Branch;

(e)

he has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(f)

he is an advocate or solicitor in Scotland;

(g)

he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(h)

he has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(5)

In this section “relevant territory” means—

(a)

any of the Channel Islands;

(b)

the Isle of Man;

(c)

a Commonwealth country; or

(d)

a British overseas territory.

(6)

F4In this section “OR-7 rank” has the meaning given by section 155(9).

Annotations

Textual amendments

F1

Words in s. 156(1) substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 2(3); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F2

S. 156(3A) inserted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 2(4); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F3

Words in s. 156(4) substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 2(5); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F4

S. 156(6) inserted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 2(6); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

F5

Word in s. 156 heading substituted (1.5.2022 for specified purposes, 1.1.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 1 para. 2(2); S.I. 2022/471, reg. 2(a); S.I. 2022/1095, reg. 2

Commencement

I1

S. 156 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. 156 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)