Article 4 Warrant officers ineligible to hear particular appeals

A warrant officer shall not be eligible to sit as a member of any of the courts for the purposes of hearing an appeal (although otherwise qualified under article 3) if—

(1)

he is not of a higher rank than the appellant;

(2)

he has at any time investigated the subject matter of any charge to which the appeal relates;

(3)

he has at any time held, or acted as one of the persons holding, an inquiry into matters relating to the subject matter of any such charge; or

(4)

he serves under the command of—

(a)

the officer who tried or dealt with any such charge summarily,

(b)

an officer to whom any such charge was referred under section 76(5), 76AA(3) or 76B(4) of the Army Act 1955 or the Air Force Act 1955^f1, or section 52B(5), 52D(3) or 52D(5) of the Naval Discipline Act 1957^f2, or

(c)

an officer whose consent or approval was sought, under regulations made by virtue of section 83 of the Army Act 1955 or the Air Force Act 1955^f3, or section 52F of the Naval Discipline Act 1957^f4, for the award of any punishment in respect of any such charge.

Annotations

Footnotes

f1: Section 76 of each Act was substituted, and section 76B inserted, by paragraphs 2 and 7 respectively of Schedule 1 to the 1996 Act. Section 76AA of each Act was inserted by section 11(1) and (2) respectively of the 2000 Act.
f2: Sections 52B and 52D were inserted by paragraph 13 of Schedule 1 to the 1996 Act. Section 52B(5) was amended by paragraph 9(2) of Schedule 1 to the 2001 Act. Section 52D(3) was amended by section 11(5) of the 2000 Act and by paragraph 11(4) of Schedule 1 to the 2001 Act. Section 52D(5) was amended by paragraph 11(7) of Schedule 1 to the 2001 Act.
f3: Section 83 of each Act was substituted by paragraphs 5 and 10 respectively of Schedule 1 to the 1996 Act.
f4: Section 52F was inserted by paragraph 13 of Schedule 1 to the 1996 Act.