{
  "url": "https://openlegislation.uk/armed-forces-summary-appeal-court-rules-2009/article-74N",
  "json_url": "https://openlegislation.uk/armed-forces-summary-appeal-court-rules-2009/article-74N.json",
  "legislation": "uksi/2009/1211",
  "legislation_title": "The Armed Forces (Summary Appeal Court) Rules 2009",
  "legislation_url": "https://openlegislation.uk/armed-forces-summary-appeal-court-rules-2009",
  "path": "article/74N",
  "kind": "article",
  "number": "74N",
  "heading": "Variation or discharge of special measures direction",
  "text": "(1) A judge advocate may vary or discharge a special measures direction if it appears to him to be in the interests of justice to do so.\n(2) A judge advocate may exercise the power conferred by paragraph (1)—\n(a) on an application made by a party to the proceedings; or\n(b) of the judge advocate’s own motion.\n(3) An application under this rule must be made in writing to the court administration officer, unless—\n(a) a judge advocate gives leave for it to be made orally; or\n(b) paragraph (8) applies.\n(4) A copy of a written application under this rule must be served on each other party to the proceedings.\n(5) Where a written application has been made under this rule, a judge advocate may—\n(a) grant the application without a hearing; or\n(b) direct a hearing.\n(6) But the application may not be granted without a hearing unless—\n(a) at least 14 days have elapsed since the application was served on each other party to the proceedings; and\n(b) no other party has served notice on the court administration officer that he opposes the application.\n(7) Rule 74L(8) applies in relation to a hearing of the application as it applies in relation to a hearing of an application for a special measures direction.\n(8) Where the direction was made on the application of an appellant and includes provision for the admission of a video recording which had not been served on the Director, the Director may make an oral application without leave.\n(9) A judge advocate who varies or discharges, or refuses an application for the variation or discharge of, a special measures direction must state in open court his reasons for doing so.\n(10) In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 11 Ch. 7 inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 6"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1211/article/74N",
    "retrieved_at": "2026-10-29T03:12:13.432090+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."
}