Regulation 6 Transitional Provisions

(1)

This regulation applies where prior to commencement—

(a)

process was served on a commanding officer under section 153(1) of the Army Act 1955 M1, section 153(1) of the Air Force Act 1955 M2 or section 101(1) of the Naval Discipline Act 1957 M3; and

(b)

the commanding officer had the power to certify to the issuing court under section 153(3) or (3A) of the Army Act 1955, section 153(3) or (3A) of the Air Force Act 1955 or section 101(4) or (4A) of the Naval Discipline Act 1957 that service shall be of no effect, but has not done so.

(2)

Subject to paragraph (3), where paragraph (1) applies the commanding officer may certify to the issuing court under regulation 4(2) that service shall be of no effect.

(3)

The certification mentioned in paragraph (2) must occur—

(a)

within 21 days of commencement, or

(b)

by the date of the hearing stipulated in the process at which the person to be served was to attend,

whichever is the earlier.

(4)

In this regulation “commencement” means the date on which these Regulations come into force.

Annotations

Marginal citations

M1: 1955 c. 18
M2: 1955 c. 19
M3: 1957 c. 53