Article 4 Officers qualified for membership of the summary appeal court

(1)

Rule 23 of the principal Rules is amended as follows.

(2)

In paragraph (1)—

(a)

for “83ZC” there is substituted “83ZC(3)”;

(b)

for “that section” there is substituted “section 83ZC”; and

(c)

for “military officers so qualified” there is substituted “persons belonging to Her Majesty’s military forces and qualified for membership of the court”.

(3)

After paragraph (2) there is inserted—

“(2A)

Subject to section 83ZC(3) of the Act and rule 24, an officer shall be qualified under section 83ZC for membership of the court for the purposes of hearing an appeal if—

(a)

immediately before receiving his commission, he was a warrant officer in any of Her Majesty’s naval, military or air forces, and

(b)

the appellant is of a rank below that which the officer held immediately before he received his commission, and

(c)

if the officer is a naval or air-force officer, the court administration officer considers that the necessary number of persons belonging to Her Majesty’s military forces and qualified for membership of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.”.