OpenLegislation

Article 2 InterpretationI1

United Kingdom

(1)

In this Order—

  • “the Act” means the Youth Justice and Criminal Evidence Act 1999;

  • “the 2006 Act” means the Armed Forces Act 2006f1;

  • “Court Martial Rules” means rules made under section 163 of the 2006 Act;

  • “CMAC Rules” means rules made under section 49 of the Court Martial Appeals Act 1968f2;

  • F1“SAC Rules” means rules made under section 151 of the 2006 Act;

  • “SCC Rules” means rules made under section 288 of the 2006 Act;

  • “the competence of witnesses and capacity to be sworn provisions” has the meaning given by article 9(4);

  • “the general and final provisions” has the meaning given by article 11(2);

  • “judge advocate” has the same meaning as in section 362 of the 2006 Act;

  • “lay members” has the same meaning as in section 155(1) of the 2006 Act;

  • “the protection of complainants in proceedings for sexual offences provisions” has the meaning given by article 7(2);

  • “the protection of witnesses from cross-examination provisions” has the meaning given by article 5(3);

  • “Rules of court” means rules of evidence and procedure for proceedings before—

    1. (a)

      the Court Martial;

    2. (b)

      the Service Civilian Court; F2...

    3. (c)

      the Court Martial Appeal Court; F3and

    4. (d)

      the Summary Appeal Court;

  • “the special measures provisions” has the meaning given by article 3(3).

(2)

Any reference in this Order to a special measures direction is to be read—

(a)

in relation to proceedings before the Court Martial, as a reference to a special measures direction within the meaning of Court Martial Rules;

(b)

in relation to proceedings before the Service Civilian Court, as a reference to a special measures direction within the meaning of SCC Rules;

(c)

in relation to proceedings before the Court Martial Appeal Court, as a reference to a direction under section 19 of the Act F4;

F5(d)

in relation to proceedings before the Summary Appeal Court, as a reference to a special measures direction within the meaning of the SAC Rules.

Annotations

Textual amendments

F1

Words in art. 2(1) inserted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 3(2)

F2

Word in art. 2(1) revoked (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 3(3)(a)

F3

Words in art. 2(1) inserted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 3(3)(b)

F4

Art. 2(2)(c): semicolon substituted for full stop (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 3(4)(a)

F5

Art. 2(2)(d) inserted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 3(4)(b)

Commencement

I1

Art. 2 in force at 31.10.2009, see art. 1

Footnotes

f1

2006 c. 52.

f2

1968 c. 20.