Explanatory note

These Regulations are made under sections 26, 27 and 28 of the Armed Forces Act 2001 and contain provisions on the following matters:

They enable the Court Martial, the Summary Appeal Court, the Court Martial Appeal Court and the Service Civilian Court to make orders for the payment of costs which have been incurred by one of the parties to proceedings before the court as a result of an unnecessary or improper act or omission by another party (regulation 3);

They also make provision in relation to the determination by those courts of the proportion of wasted costs to be disallowed, or met by legal or other representatives (regulation 4);

They provide for appeals against the matters referred to above (regulation 5);

They provide for recovery of certain of Her Majesty’s forces’ costs as if they were incurred by the Director of Service Prosecutions (regulation 6) and specify the recipient of such costs (regulation 7);

They revoke the Armed Forces Proceedings (Costs) Regulations 2005;

They make transitional provision (regulations 9-12).