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Article 23 Officers qualified for membership of the summary appeal court

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to section 83ZC of the Act and rule 24, a naval or military officer falling within paragraph (2) shall be qualified under that section for membership of the court for the purposes of hearing an appeal if the court administration officer considers that the necessary number of military officers so qualified is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.

(2)

A naval or military officer falls within this paragraph if he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than two years or for periods amounting in the aggregate to not less than two years.

(3)

In this rule—

  • “mililtary officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and

  • “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.