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The Armed Forces (Court Martial) (Amendment No. 2) Rules 2024

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780348266764

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Rules laid before Parliament under section 373(3)(f) of the Armed Forces Act 2006, for approval by resolution of each House of Parliament.

DEFENCE

Made ***

Coming into force 20th February 2025

The Secretary of State makes these Rules in exercise of the powers conferred by sections 155(3) and (4) and 163(1) to (3) of the Armed Forces Act 2006f1.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 373(3)(f) of the Armed Force Act 2006.

Annotations to the whole text

Footnotes

f1

2006 c. 52. Section 155 was amended by paragraph 1 of Schedule 1 to the Armed Forces Act 2021 (c. 35).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Armed Forces (Court Martial) Rules 2009
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

These Rules may be cited as the Armed Forces (Court Martial) (Amendment No. 2) Rules 2024.

(2)

These Rules come into force on 20th February 2025.

(3)

These Rules extend to England and Wales, Scotland, Northern Ireland, the Isle of Man, and the British overseas territories (except Gibraltar).

2Amendment of the Armed Forces (Court Martial) Rules 2009

In the Armed Forces (Court Martial) Rules 2009f1, in Rule 34 (the president of the board)—

(a)

in paragraph (3)—

(i)

after “officer”, insert “(“A”)”;

(ii)

in subparagraphs (a) and (b), for “he”, in both places it occurs, substitute “A”;

(iii)

in subparagraph (c), after the words “to whom proceedings relate”, insert “(“B”)” and for the words after “subject to service law,”, substitute “A satisfies the requirements set out in paragraphs (4) and (4A).”;

(b)

for paragraph (4), substitute “Where B is of rank OF-6 or above, A must be of rank OF-6 or above.;

(c)

after paragraph (4), insert—

“(4A)

Where B is of rank OF-5 or below, A must be of superior rank to B.”;

(d)

after paragraph (5), insert—

“(5A)

In this rule—

  • “OF-5” means any of the following—

    1. (a)

      captain, Royal Navy;

    2. (b)

      colonel;

    3. (c)

      group captain;

  • “OF-6” means any of the following—

    1. (a)

      commodore;

    2. (b)

      brigadier;

    3. (c)

      air commodore.”.

Signature

Parliamentary Under Secretary of State

Ministry of Defence

Explanatory note

(This note is not part of the Rules)

This instrument amends Rule 34 of the Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041). Rule 2 provides that in proceedings requiring lay members the rank of the president of the board must be at least OF-6 where the defendant is of rank OF-6 or higher. Where a defendant is of rank OF-5 or lower, the president of the board must be of superior rank to the defendant.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.