# The Summary Appeal Courts (Warrant Officers) Order 2004, 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, or section 52B(5), 52D(3) or 52D(5) of the Naval Discipline Act 1957, 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, or section 52F of the Naval Discipline Act 1957, for the award of any punishment in respect of any such charge.

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Source: https://www.legislation.gov.uk/uksi/2004/1937/article/4 (the official version)
Page: https://openlegislation.uk/summary-appeal-courts-warrant-officers-order-2004/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.