Statement by the Delegation of the United States of America on the government pressure on freedom of expression and the media in Turkey
The 1955 Acts and the 1957 Act shall (instead of expiring on 31st August 1996) expire on 31st August 1997 unless continued in force in accordance with this section.
Subject to subsection (3) below, Her Majesty may from time to time by Order in Council provide for the 1955 Acts and the 1957 Act to continue in force for a period not exceeding 12 months beyond the day on which they would otherwise expire.
The 1955 Acts and the 1957 Act may not be continued under subsection (2) above beyond the end of the year 2001.
No recommendation shall be made to Her Majesty in Council to make an Order under subsection (2) above unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.
In section 2(1) of the Armed Forces Act 1966 (regulations as to engagement of persons in the regular services), after paragraph (i) there shall be inserted the following paragraphs—
In section 2(1A) of that Act, after the words “Northern Ireland” there shall be inserted the words “by virtue of regulations made under subsection (1)(i) above”.
together with any other particulars which are required to be included in the certificate by directions of the Defence Council or an officer authorised by them.
together with any other particulars which are required to be included in the certificate by directions of the Defence Council or an officer authorised by them.
In section 22 of the 1955 Acts (regulations as to enlistment), the existing provision shall be numbered subsection (1) and after that subsection there shall be inserted the following subsection—
In Part I of Schedule 7 to the Army Act 1955 (application of Part I to marines), after paragraph 10 there shall be inserted the following paragraph—
In section 14 of the Armed Forces Act 1966 (interpretation of Part II), after subsection (2) there shall be added the following subsection—
This section does not affect the validity of any regulations made under the 1955 Acts or the Armed Forces Act 1966 which are in force immediately before the commencement of this section.
Schedule 1 (amendment of provisions relating to the procedure for dealing with offences under the 1955 Acts and the 1957 Act) shall have effect.
For the avoidance of doubt section 32 of the Criminal Justice and Public Order Act 1994 (abolition of corroboration rules) and section 34(2) of the Criminal Justice Act 1988 (abrogation of requirements for corroboration warning) apply to any service disciplinary proceedings in which the rules abrogated by those sections would have been applied.
Nothing in this section shall be taken as affecting the determination of any question as to the law applicable to service disciplinary proceedings before the commencement of this section.
In this section “service disciplinary proceedings” means proceedings for any offence taking place under the 1955 Acts or the 1957 Act and proceedings on appeal to the Courts-Martial Appeal Court.
In Schedule 13 to the Criminal Justice Act 1988 (application of provisions of that Act to courts-martial etc.), after paragraph 8 there shall be added the following paragraphs—
Schedule 2 (amendments of the 1955 Acts, the 1957 Act and the Courts-Martial (Appeals) Act 1968 relating to findings of unfitness to stand trial and insanity) shall have effect.
After section 120 of the Army Act 1955 there shall be inserted the following section—
After section 120 of the Air Force Act 1955 there shall be inserted the following section—
After section 89 of the 1957 Act there shall be inserted the following section—.
Schedule 3 (amendment of provisions of the 1955 Acts and the 1957 Act relating to community supervision orders) shall have effect.
A service policeman may take the fingerprints of a person for the record without his consent if that person has been convicted of an offence in service disciplinary proceedings.
The power under subsection (1) above may not be exercised in relation to a person convicted of an offence—
where the person concerned has had his fingerprints taken by a service policeman in the course of the investigation of the offence or since his conviction; or
after the end of the period of three months beginning with the date of the conviction.
A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.
In this section—
“fingerprints” includes palm prints;
“service disciplinary proceedings” means—
any proceedings before a court-martial or a standing civilian court under the 1955 Acts or the 1957 Act;
“service disciplinary proceedings” and “service policeman” have the same meanings as in section 11 above; and
“the 1957 Act” means the Naval Discipline Act 1957.
This section is without prejudice to any power to take fingerprints under any other enactment or under any rule of law.
A service policeman may, for the purpose of recording information, take a sample to which this section applies from a person without his consent if that person has been convicted of an offence in service disciplinary proceedings.
This section applies to a sample of hair (other than pubic hair) or to a swab taken from a person’s mouth.
The power under subsection (1) above may be exercised in relation to a person convicted of an offence only if—
he has not had a sample to which this section applies taken from him since his conviction; or
where he has had such a sample taken from him, the sample has proved insufficient.
The power under subsection (1) above may not be exercised after the end of the period of three months beginning—
in a case falling within subsection (3)(a) above, with the date of the conviction;
in a case falling within subsection (3)(b) above, with the date on which a service policeman is informed of the fact that the sample has proved insufficient.
A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.
A sample of hair may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than are reasonably considered to be necessary for a sufficient sample.
In this section—
“sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.
This section is without prejudice to any power to take samples under any other enactment or under any rule of law.
The Rehabilitation of Offenders Act 1974 shall be amended as follows.
In section 2 (rehabilitation of persons dealt with in service disciplinary proceedings), subsections (2) to (4) shall cease to have effect.
In section 6 (the rehabilitation period)—
in subsection (6) the words “Subject to subsection (7) below” shall cease to have effect; and
after subsection (6)(b) there shall be inserted the following paragraph—; and
in subsection (7) for the words “Notwithstanding subsection (6) above” there shall be substituted the words “Except as provided by subsection (6)(bb) above”.
The provisions set out in Schedule 4 to this Act shall be inserted as the Schedule to the Rehabilitation of Offenders Act 1974.
The Rehabilitation of Offenders Act 1974 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which section 2(1) of that Act applied before that date.
Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to section 1(2) of the Rehabilitation of Offenders Act 1974) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.
In this section “the commencement date” means the date on which this section comes into force.
The Rehabilitation of Offenders (Northern Ireland) Order 1978 shall be amended as follows.
In Article 4 (rehabilitation of persons dealt with in service disciplinary proceedings), paragraphs (2) to (4) shall cease to have effect.
In Article 7 (the rehabilitation period)—
in paragraph (6) the words “Subject to paragraph (7)” shall cease to have effect; and
after paragraph (6)(b) there shall be inserted the following sub-paragraph—; and
in paragraph (7) for the words “Notwithstanding paragraph (6)” there shall be substituted the words “Except as provided by paragraph (6)(bb)”.
A Schedule corresponding to the Schedule to be inserted into the Rehabilitation of Offenders Act 1974 by section 13(4) above shall be inserted as the Schedule to the Rehabilitation of Offenders (Northern Ireland) Order 1978, with the substitution—
in the Schedule heading, for the words “Section 6(4)” of the words “Article 7”; and
in paragraph 1, for the words “section 6(6)(bb) of this Act” of the words “Article 7(6)(bb)”.
The Rehabilitation of Offenders (Northern Ireland) Order 1978 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which Article 4(1) of that Order applied before that date.
Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to Article 3(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.
In this section “the commencement date” means the date on which this section comes into force.
The provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer shall cease to have effect.
Schedule 5 (amendment of provisions relating to the review of findings and sentences) shall have effect.
The Courts-Martial (Appeals) Act 1968 shall be amended as follows.
In section 8 (right of appeal)—
in subsection (1), for the words from “against” (in the first place it appears) to the end there shall be substituted the words —;
in subsection (1A), paragraph (a) shall cease to have effect;
subsection (5) shall cease to have effect.
For section 17A (appeals by civilians) there shall be substituted the following section—
In section 34 (reference of cases by Service authorities), for subsection (4) there shall be inserted the following subsections—
In section 46 (restitution orders), in subsection (2) and subsection (3)(a), after the word “conviction” there shall be inserted the words “or, in the case of an appeal against sentence, the order”.
In section 53(1) (exclusion of certain appeals) in subsection (1), for the word “against” there shall be substituted the words “in relation to”.
“sentence”, in relation to an offence, includes any order made by a court when dealing with an offender.
After section 36 of the Courts-Martial (Appeals) Act 1968 there shall be inserted the following section—
Immediately before section 49 of the Courts-Martial (Appeals) Act 1968 there shall be inserted the following section—
For section 180 of the Army Act 1955 there shall be substituted the following section—
For section 180 of the Air Force Act 1955 there shall be substituted the following section—
For section 130 of the 1957 Act there shall be substituted the following section—
Section 85 of the Sex Discrimination Act 1975 (application of that Act to the Crown) shall be amended as set out in subsections (2) to (5) below.
or
In subsection (4), for the words from “naval” to the end there shall be substituted the words “armed forces.”.
After subsection (9) there shall be inserted the following subsections—
For subsection (10) there shall be substituted the following subsection—
In section 76(1) of the Sex Discrimination Act 1975 (period within which complaint under section 63 of that Act to be presented to an industrial tribunal), for the words from “the period” to the end there shall be substituted the following words—
Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (application of that Order to the Crown) shall be amended as set out in subsections (2) to (5) below.
or
In paragraph (5), for the words from “naval” to the end there shall be substituted the words “armed forces”.
After paragraph (9) there shall be inserted the following paragraphs—
For paragraph (10) there shall be substituted the following paragraph—
In Article 76(1) of the Sex Discrimination (Northern Ireland) Order 1976 (period within which complaint under Article 63 of that Order to be presented to an industrial tribunal), for the words from “the period” to the end there shall be substituted the following words—.
In Article 80(1) of the Sex Discrimination (Northern Ireland) Order 1976 (orders and regulations subject to negative resolution of the Northern Ireland Assembly), after the words “regulations made under this Order” there shall be inserted the words “(except Article 82(9C))”.
Section 75 of the Race Relations Act 1976 (application of that Act to the Crown) shall be amended as set out in subsections (2) and (3) below.
For subsection (9) there shall be substituted the following subsections—
In subsection (10), after paragraph (a) there shall be inserted the following paragraphs—.
In section 68(1) of the Race Relations Act 1976 (period within which complaint under section 54 of that Act to be presented to an industrial tribunal), for the words from “the period” to the end there shall be substituted the following words—
In section 74(2) of the Race Relations Act 1976 (parliamentary control of orders and regulations), after the words “section 75(5)(a)” there shall be inserted the words “or (9A)”.
Section 1(9) of the Equal Pay Act 1970 (exclusion of armed forces from requirement of equal treatment for women and men in same employment) shall cease to have effect.
For section 7 of that Act (service pay) there shall be substituted the following section—
Section 1(10) of the Equal Pay Act (Northern Ireland) 1970 (exclusion of armed forces from requirement of equal treatment for women and men in same employment) shall cease to have effect.
After section 6 of that Act there shall be inserted the following section—
Section 192 of the Employment Rights Act 1996 (application of Act to armed forces) shall be amended as follows.
In subsection (4), for the words from “the person” to the end there shall be substituted the following words—
For subsection (5) there shall be substituted the following subsection—
In subsection (6), for the words “sections 180 and 181” in both places where those words occur there shall be substituted the words “section 180”.
Article 10 of the Industrial Relations (Northern Ireland) Order 1993 (application of Industrial Relations Orders to armed forces) shall be amended as follows.
In paragraph (3), for the words from “the person” to the end there shall be substituted the following words—
For paragraph (4) there shall be substituted the following paragraph—
In paragraph (7), for the words “sections 180 and 181” in both places where those words occur there shall be substituted the words “section 180”.
In section 54 of the Firearms Act 1968 (application of Parts I and II to Crown servants), after subsection (3) there shall be added the following subsections—
After section 16 of the Firearms (Amendment) Act 1988 there shall be inserted the following section—
In Article 57 of the Firearms (Northern Ireland) Order 1981 (application of Parts II and III to Crown servants), after paragraph (2) there shall be added the following paragraphs—
After Article 12 of that Order there shall be inserted the following Article—.
This section applies to the following land vested in the Secretary of State and held by him in trust for Her Majesty for the exclusive benefit of Greenwich Hospital, that is to say—
the site known as the Royal Naval College, including the premises known as the Trident Hall and the Trafalgar Quarters;
the premises known as the Dreadnought Seamen’s Hospital;
the premises known as the Devonport Nurses' Home.
In the exercise of his functions under the Greenwich Hospital Acts 1865 to 1996 in relation to the land to which this section applies, the Secretary of State shall have regard to—
the importance of preserving for the benefit of the nation the historic buildings and monuments on the land and of maintaining the architectural integrity of the Royal Naval College site;
the desirability of securing reasonable public access to the land (and in particular to the historic buildings and monuments on the land); and
the desirability of preventing any use of the land appearing to him to be out of keeping with its unique character and history.
It shall be lawful for the Secretary of State to grant a lease of any of the land to which this section applies, with its appurtenances, to any person appearing to him to be suitable for a term not exceeding 150 years.
Where any land to which this section applies is the subject of a lease granted under subsection (3), no sub-lease of any of the land may be granted, and no interest in the land may be assigned, except in accordance with subsection (5).
Where any land to which this section applies is the subject of a lease granted under subsection (3), the Secretary of State may, for the purpose of enabling all or any of the land (with its appurtenances) to be occupied by a person appearing to him to be suitable—
authorise the lessee to grant a sub-lease, or to assign the lease, to that person; or
authorise a person to whom the lease has been assigned under this subsection to grant a sub-lease, or to assign the lease, to that person.
Any lease or sub-lease under this section shall be granted, at a rent or rent-free, on such terms (including terms as to the granting of licences to occupy or otherwise use all or any of the land) as the Secretary of State thinks fit.
Part II of the Landlord and Tenant Act 1954 (security of tenure for business tenants) shall not apply to any lease or sub-lease granted under this section.
It shall be lawful for the Secretary of State to permit any of the land to which this section applies which is not the subject of a lease under subsection (3), with its appurtenances, to be occupied and used for the purposes of any government department or for any other purpose, at a rent or rent-free, and on such terms as the Secretary of State thinks fit.
Any proceeds of, or income arising from, a lease granted by the Secretary of State under this section shall be held and applied for the benefit of Greenwich Hospital in accordance with the Greenwich Hospital Acts 1865 to 1996.
Section 7 of the Greenwich Hospital Act 1869 shall cease to have effect.
Nothing in this section shall be construed as preventing any of the land to which this section applies being used for any of the purposes of Greenwich Hospital.
This section and the Greenwich Hospital Acts 1865 to 1990 may be cited together as the Greenwich Hospital Acts 1865 to 1996.
After section 31 of the National Heritage Act 1983 there shall be inserted the following section—.
After section 34 of the Army Act 1955 there shall be inserted the following section—
After section 34 of the Air Force Act 1955 there shall be inserted the following section—
After section 12 of the Naval Discipline Act 1957 there shall be inserted the following section—
In section 1(2) of the Visiting Forces Act 1952 (countries which may be designated as countries to which the Act applies)—
after the word “to” in the second place it appears there shall be inserted “(a)”; and
to
In this Act—
“the 1955 Acts” means the Army Act 1955 and the Air Force Act 1955: and
The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the provisions of this Act).
The enactments mentioned in Schedule 7 to this Act (which include some that are spent) are repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Armed Forces Act 1996.
Subject to subsections (3) and (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
Sections 1 and 34 shall come into force on the passing of this Act.
The repeal by this Act of section 1 of the Armed Forces Act 1991 shall come into force on 1st September 1996.
An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
Section 216 of the Army Act 1955, section 214 of the Air Force Act 1955 and section 125 of the 1957 Act (application of those Acts to Channel Islands and Isle of Man) shall each apply in relation to the provisions of sections 6 and 11 of this Act as if those provisions were contained in the Army Act 1955, the Air Force Act 1955 or the 1957 Act, as the case may require.
Section 5.
The Army Act 1955 shall be amended as follows.
For section 76 there shall be substituted the following sections—
Sections 77 to 80 shall cease to have effect.
Section 82 (officers who are to act as commanding officers and appropriate superior authorities) shall be amended as follows. For subsection (2) there shall be substituted the following subsection— Subsection (3) shall cease to have effect.
For section 83 there shall be substituted the following section—
The Air Force Act 1955 shall be amended as follows.
For section 76 there shall be substituted the following sections—
Sections 77 to 80 shall cease to have effect.
Section 82 (officers who are to act as commanding officers and appropriate superior authorities) shall be amended as follows. For subsection (2) there shall be substituted the following subsection— Subsection (3) shall cease to have effect.
For section 83 there shall be substituted the following section—
The Naval Discipline Act 1957 shall be amended as follows.
Sections 49, 50 and 52A shall cease to have effect.
After section 52A there shall be inserted the following sections—
After section 83 of the Army Act 1955 there shall be inserted the following sections—
After section 83 of the Air Force Act 1955 there shall be inserted the following sections—
After section 52G of the Naval Discipline Act 1957 there shall be inserted the following sections—
The Army Act 1955 shall be amended as follows.
Section 84 shall cease to have effect.
After section 84 there shall be inserted the following sections—
Section 85(3) shall cease to have effect.
Sections 86 to 90 shall cease to have effect.
Section 91 (place for sitting of court-martial and adjournment to other places) shall be amended as follows. In subsection (1)— In subsection (2), for the words from “shall” to “direction” there shall be substituted the word “may”.
Section 92 (challenges by accused to members of court-martial) shall be amended as follows. In subsection (1), for the word “officer” there shall be substituted the word “member”. In subsection (2)— In subsection (3)— In subsection (4)— In subsection (5)— After subsection (5) there shall be added the following subsection—
Section 93 (administration of oaths) shall be amended as follows. In subsection (1)— Subsection (1A) shall cease to have effect.
In section 94 (courts-martial to sit in open court), after subsection (5) there shall be added the following subsections—
Section 95 (dissolution of courts-martial) shall be amended as follows. In subsection (1)— After subsection (1) there shall be inserted the following subsection— In subsection (3), for the words “convening officer” there shall be substituted the words “judge advocate”. Subsection (4) shall cease to have effect.
Section 96 (decisions of courts-martial) shall be amended as follows. In subsection (1), for the words from “every” to “court-martial” there shall be substituted the words “the finding of a court-martial and any sentence awarded”. After subsection (1) there shall be inserted the following subsection— In subsection (3)— In subsection (5), the words from “or on” to “finding” shall cease to have effect.
In section 97(3) (sentence of court-martial to be announced in open court) after the word “mercy” there shall be inserted the words “and any reasons for the sentence”.
Section 99 (rules of evidence) shall be amended as follows. In subsection (1)— In subsection (3), for the words “civil court” there shall be substituted the words “trial on indictment”.
For section 103 there shall be substituted the following section—
After section 103 there shall be inserted the following sections—
Sections 104 to 106 shall cease to have effect.
The Air Force Act 1955 shall be amended as follows.
Section 84 shall cease to have effect.
After section 84 there shall be inserted the following sections—
Section 85(3) shall cease to have effect.
Sections 86 to 90 shall cease to have effect.
Section 91 (place for sitting of court-martial and adjournment to other places) shall be amended as follows. In subsection (1)— In subsection (2), for the words from “shall” to “direction” there shall be substituted the word “may”.
Section 92 (challenges by accused to members of court-martial) shall be amended as follows. In subsection (1), for the word “officer” there shall be substituted the word “member”. In subsection (2)— In subsection (3)— In subsection (4)— In subsection (5)— After subsection (5) there shall be added the following subsection—
Section 93 (administration of oaths) shall be amended as follows. In subsection (1)— Subsection (1A) shall cease to have effect.
In section 94 (courts-martial to sit in open court), after subsection (5) there shall be added the following subsections—
Section 95 (dissolution of courts-martial) shall be amended as follows. In subsection (1)— After subsection (1) there shall be inserted the following subsection— In subsection (3), for the words “convening officer” there shall be substituted the words “judge advocate”. Subsection (4) shall cease to have effect.
Section 96 (decisions of courts-martial) shall be amended as follows. In subsection (1), for the words from “every” to “court-martial” there shall be substituted the words “the finding of a court-martial and any sentence awarded”. After subsection (1) there shall be inserted the following subsection— In subsection (3)— In subsection (5), the words from “or on” to “finding” shall cease to have effect.
In section 97(3) (sentence of court-martial to be announced in open court) after the word “mercy” there shall be inserted the words “and any reasons for the sentence”.
Section 99 (rules of evidence) shall be amended as follows. In subsection (1)— In subsection (3), for the words “civil court” there shall be substituted the words “trial on indictment”.
For section 103 there shall be substituted the following section—
After section 103 there shall be inserted the following sections—
Sections 104 to 106 shall cease to have effect.
The Naval Discipline Act 1957 shall be amended as follows.
Section 53 shall cease to have effect.
After section 53 there shall be inserted the following sections—
For section 54 there shall be substituted the following section—
Section 55 shall cease to have effect.
Section 56 (place and time of sittings of courts-martial) shall be amended as follows. In subsection (1), for the words from “appointed” to the end there shall be substituted the words “specified in the order assembling the court”. In subsection (2), the words from “and shall” to the end shall cease to have effect. In subsection (3), for the word “prosecutor” there shall be substituted the words “prosecuting authority”.
After section 56 there shall be inserted the following section—
Section 57 (quorum) shall be amended as follows. Subsections (1) and (3) shall cease to have effect. In subsection (2)—
For section 58 there shall be substituted the following section—
Section 59 (challenges by accused to members of court-martial) shall be amended as follows. In subsection (1)— In subsection (2)— For subsection (3) there shall be substituted the following subsection— In subsection (4)— After subsection (4) there shall be inserted the following subsection— Subsection (5) shall cease to have effect. In subsection (6)—
Section 60 (administration of oaths) shall be amended as follows. For subsection (1) there shall be substituted the following subsection— In subsection (5), for the words “General Orders” there shall be substituted the word “rules”.
In section 61 (courts-martial to sit in open court), after subsection (2) there shall be added the following subsections—
Section 62 (findings and sentences of courts-martial) shall be amended as follows. In subsection (1), for the words from “every” to “court-martial” there shall be substituted the words “the finding of a court-martial and any sentence awarded”. After subsection (1) there shall be inserted the following subsection— In subsection (3), after the word “mercy” there shall be inserted the words “and any reasons for the sentence”. In subsection (4)—
In section 64(1) (summoning of witnesses), for the words “clerk of the court” there shall be substituted the words “court administration officer”.
After section 64 there shall be inserted the following sections—
In section 28(2) of the Courts-Martial (Appeals) Act 1951 (qualification for appointment as Judge Advocate of Her Majesty’s Fleet), in paragraph (b), for the words from “been” to “and” there shall be substituted the words “had a right of audience in the Court of Session or”.
In section 31 of that Act (qualification for appointment as Judge Advocate General and his assistants), in paragraph (b) in each of subsections (1), (2) and (3), for the words from “been” to “and” there shall be substituted the words “had a right of audience in the Court of Session or”.
The Army Act 1955 shall be amended as follows.
In section 134 (persons not to be tried under Act for offences already disposed of), in subsection (1)(b), for the words “been found guilty on the charge” there shall be substituted the words “had a finding that the charge has been proved recorded against him”.
Section 139 shall cease to have effect.
In section 143(1) (interpretation of Part II)—
the definition of “convening officer” shall cease to have effect; and
in the definition of “prescribed”, for the words “Rules of Procedure” there shall be substituted the words “rules under section 103 of this Act”.
In section 198 (general provisions as to evidence), in subsection (9), after the words “that Act” there shall be inserted the words “, or in any proceedings under the Naval Discipline Act 1957, by virtue of section 64C of that Act,”.
In section 209(3) (modifications of Act in relation to trial of civilians by courts-martial)—
paragraph (d) shall cease to have effect;
in paragraph (fa), the words “constituted under section 87 above” and “constituted under section 88 above” shall cease to have effect; and
after paragraph (fa) there shall be inserted the following paragraph—.
Section 209(3B) (modifications of Act in its application to any area for which Standing Civilian Courts are established) shall be amended as follows. After paragraph (a) there shall be inserted the following paragraph— For paragraph (b) there shall be substituted the following paragraph— In paragraph (c)—
In section 211 (application of Act to reserve forces), in subsection (7), for the words “subsection (3) of section seventy-eight” there shall be substituted the words “section 76C(2)”.
In section 225(1) (general provisions as to interpretation of Act)—
in the definition of “appropriate superior authority” for the words from “has” to “and” there shall be substituted the words “means a person who may act as an appropriate superior authority by virtue of”;
“court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;
“the judge advocate” has the meaning assigned to it by section 84B(1) of this Act;
“the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;
the definition of “Rules of Procedure” shall cease to have effect.
In Schedule 5A (powers of court on trial of civilian), in paragraphs 13(2)(a) and 14(6)(a), for the words “Rules of Procedure” there shall be substituted the word “rules”.
The Air Force Act 1955 shall be amended as follows.
In section 134 (persons not to be tried under Act for offences already disposed of), in subsection (1)(b), for the words “been found guilty on the charge” there shall be substituted the words “had a finding that the charge has been proved recorded against him”.
Section 139 shall cease to have effect.
In section 143(1) (interpretation of Part II)—
the definition of “convening officer” shall cease to have effect; and
in the definition of “prescribed”, for the words “Rules of Procedure” there shall be substituted the words “rules under section 103 of this Act”.
In section 198 (general provisions as to evidence), in subsection (9), after the words “that Act” there shall be inserted the words “, or in any proceedings under the Naval Discipline Act 1957, by virtue of section 64C of that Act,”.
In section 209(3) (modifications of Act in relation to trial of civilians by courts-martial)—
paragraph (d) shall cease to have effect;
in paragraph (fa), the words “constituted under section 87 above” and “constituted under section 88 above” shall cease to have effect; and
after paragraph (fa) there shall be inserted the following paragraph—.
Section 209(3B) (modifications of Act in its application to any area for which Standing Civilian Courts are established) shall be amended as follows. After paragraph (a) there shall be inserted the following paragraph— For paragraph (b) there shall be substituted the following paragraph— In paragraph (c)—
In section 210 (application of Act to reserve forces), in subsection (7), for the words “subsection (3) of section seventy-eight” there shall be substituted the words “section 76C(2)”.
In section 223(1) (general provisions as to interpretation of Act)—
in the definition of “appropriate superior authority” for the words from “has” to “and” there shall be substituted the words “means a person who may act as an appropriate superior authority by virtue of”;
“court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;
“the judge advocate”, in relation to a court-martial, has the meaning assigned to it by section 84B(1) of this Act;
“the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;
the definition of “Rules of Procedure” shall cease to have effect.
In Schedule 5A (powers of court on trial of civilian), in paragraphs 13(2)(a) and 14(6)(a), for the words “Rules of Procedure” there shall be substituted the word “rules”.
The Naval Discipline Act 1957 shall be amended as follows.
In section 65(4) (contempt of court-martial by civilians), for the words “subsection (5) of section fifty” there shall be substituted the words “section 52G(9)”.
In section 66(1) (record of proceedings of court-martial) for the words from “judge” to “it” there shall be substituted the words “court administration officer shall transmit the record of the proceedings”.
In section 76 (restitution or compensation on conviction of larceny etc.)—
in subsection (6)(a), the words from “by the officer” to the end shall cease to have effect; and
in subsection (6)(b), for the words “section forty-nine” there shall be substituted the words “section 52D”.
In section 81 (place of imprisonment or detention)—
in subsection (3)(c) for the words “officer who ordered the court-martial” there shall be substituted the words “court-martial by which he is tried”; and
in subsection (3)(d) for the words “section forty-nine” there shall be substituted the words “section 52D”.
In section 85(2) (commencement of sentences) for the words “section forty-nine” there shall be substituted the words “section 52D”.
In section 103(1) (arrest under warrants of naval authorities) for the words from “subsection (4)” to the end there shall be substituted the words “regulations under section 52E(2)(a) above may exercise the powers of that person’s commanding officer”.
In section 129(1) (jurisdiction of civil courts) for the words “section forty-nine” there shall be substituted the words “section 52D”.
In section 135(1) (general provisions as to interpretation of Act)—
“the commanding officer”, in relation to a person charged with an offence, has the meaning assigned to it by section 52E(1) of this Act;
“court administration officer” and “the court administration officer” have the meanings assigned to them by section 53A of this Act;
“the judge advocate”, in relation to a court-martial, has the meaning assigned to it by section 53B(1) of this Act;
“the prosecuting authority” has the meaning assigned to it by section 52H(1) of this Act;
In Schedule 1 (application of Act to marine forces), in paragraph 3, for the words “section forty-nine” there shall be substituted the words “section 52D”.
In Schedule 2 (application of Act to attached military and air forces)—
in paragraph 6, for the words “section forty-nine” there shall be substituted the words “section 52D”; and
in paragraph 7, for the words “section fifty” there shall be substituted the words “section 52G” and for the words “subsection (3)” there shall be substituted the words “subsection (5)”.
In Schedule 4 (application of Act to certain civilians), in paragraph 4—
for the words “section forty-nine” in both places there shall be substituted the words “section 52D”; and
the words from “and subsections” to “not apply” shall cease to have effect.
In Schedule 4A (powers of court on trial of civilian), in paragraphs 13(2)(a) and 14(6)(a), for the words “General Orders” there shall be substituted the word “rules”.
In section 12 of the Criminal Justice Act 1967 (application to courts-martial of certain provisions relating to admissibility of evidence)—
after the words “Air Force Act 1955” in the first place they appear there shall be inserted the words “, or section 64A(1) of the Naval Discipline Act 1957,”; and
for paragraphs (a) and (b) there shall be substituted the words “sections 10 and 11 above shall apply to proceedings before courts-martial”.
In section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), in subsection (6), for the words “section 50” there shall be substituted the words “section 52G”.
In section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as evidence in civil proceedings), in subsection (6), for the words “section 50” there shall be substituted the words “section 52G”.
In section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts), in subsection (15), for the words “authority who directs the trial or trials” there shall be substituted the words “court administration officer notified by the prosecuting authority that the trial or trials are”.
Schedule 3 to that Act (Standing Civilian Courts) shall be amended as follows. In paragraph 1 (interpretation)— In paragraph 2 (sittings of the Standing Civilian Court)— In paragraph 4 (right of accused to elect trial by court-martial)— For paragraph 6 there shall be substituted the following paragraph— Paragraph 7 shall cease to have effect. In paragraph 8 (re-trial where Standing Civilian Court ceases to be properly constituted)— In paragraph 12 (procedures etc. of Standing Civilian Court)— In paragraph 18 (appeals to courts-martial)— In paragraph 20 (review of findings and sentences of Standing Civilian Court), in sub-paragraph (9), for the words “directing officer” there shall be substituted the words “higher authority”.
The Police and Criminal Evidence Act 1984 shall be amended as follows.
In section 67(12)(a), the definition of “court-martial” in section 82(1) and section 113(11)(a), for the words “section 50” there shall be substituted the words “section 52G”.
In section 72(1) (meaning of certain expressions used in Part VII), in the definition of “proceedings”—
in paragraph (a), for the words “or the Air Force Act 1955” there shall be substituted the words “, the Air Force Act 1955 or the Naval Discipline Act 1957”; and
in paragraph (b)(i), the words from “or from” to “1957” shall cease to have effect.
In section 82(1) (meaning of certain expressions used in Part VIII), in the definition of “proceedings”—
in paragraph (a), for the words “or the Air Force Act 1955” there shall be substituted the words “, the Air Force Act 1955 or the Naval Discipline Act 1957”; and
in paragraph (b)(i), the words from “or from” to “1957” shall cease to have effect.
In section 146 of the Criminal Justice Act 1988 (evidence before courts-martial etc.) for the words “section 50” there shall be substituted the words “section 52G”.
Schedule 13 to that Act (evidence before courts-martial etc.) shall be amended as follows. In paragraph 1 (interpretation)— In paragraph 4 (application of section 26 of the Act of 1988)— In paragraph 7 (forms of evidence and glossaries)—