{
  "url": "https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009/article-29",
  "json_url": "https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009/article-29.json",
  "legislation": "uksi/2009/1098",
  "legislation_title": "The Armed Forces (Custody Proceedings) Rules 2009",
  "legislation_url": "https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009",
  "path": "article/29",
  "kind": "article",
  "number": "29",
  "heading": "Application for variation or discharge of a requirement imposed under section 107(3)",
  "text": "(1) An application under section 107(4) shall be made to the court administration officer and be supported by the following information—\n(a) the name, rank, appointment and location of the commanding officer of the person to whom the application relates (“the accused”);\n(b) the name, date of birth and location of the accused and, where applicable, his rank or rate, service number and unit;\n(c) the name and address of the accused’s legal representative, if known;\n(d) the charge or charges;\n(e) the date of the hearing under section 105(1) and any requirements imposed under section 107(3) (including any such requirement as previously varied or discharged under section 107(4));\n(f) the circumstances which have caused the applicant to consider that any such requirement should be varied or discharged; and\n(g) whether the applicant seeks the variation or discharge of the requirement, and, if he seeks variation, the variation sought.\n(2) Where an application is made under section 107(4) by the accused’s commanding officer, the commanding officer, or someone acting on his behalf, shall inform the accused of that fact in writing and of the information specified in paragraph (1)(f) and (g).\n(3) Where an application is made under section 107(4) by or on behalf of the accused, the accused, or someone acting on his behalf, shall inform his commanding officer of that fact in writing and of the information specified in paragraph (1)(f) and (g).\n(4) Where an application under section 107(4) is made orally, the applicant shall ensure that a written notice containing the information specified in paragraph (1) is served on the court administration officer, and a copy shall be served on the commanding officer or the accused, as the case may be, as soon as practicable thereafter.\n(5) Where an application under section 107(4) is made after the prosecution has begun to open its case against the accused before the Court Martial or the Service Civilian Court and at a time when that court is sitting, the request shall be made to the judge advocate for the proceedings before that court.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1098/article/29",
    "retrieved_at": "2026-10-29T03:12:41.284954+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}