Article 2 Amendment of Rules

The following paragraph shall be inserted after paragraph (1) of rule 43 of the Courts-Martial (Army) Rules^f1—

“(1A)

The jurisdiction of the court to make an order^f2 –

(a)

as to the payment of costs incurred by a party to the proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings; or

(b)

disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001^f3 to meet the whole or any part of any wasted costs as there defined

may be exercised by the judge advocate sitting alone and he may direct the other members of the court to withdraw for the purpose of exercising the jurisdiction.”.