Legislation – Armed Forces Act 2021
Changes to legislation:
There are currently no known outstanding effects for the Armed Forces Act 2021, Section 4.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Service courts, summary hearings and jurisdiction
4Summary hearings: power to rectify mistakes etc
(1)
Section 153 of AFA 2006 (summary hearings etc rules) is amended in accordance with subsections (2) to (4).
(2)
“(1A)
Without prejudice to the generality of subsection (1), the Secretary of State may by rules make provision with respect to the variation or rescission by a commanding officer of—
(a)
a punishment awarded by the officer, or
(b)
an order under section 193 made by the officer,
in cases where it appears to the officer that the officer had no power to award the punishment or (as the case may be) to make the order.”
(3)
“(2A)
Rules made under subsection (1A) may make provision about the commencement of punishments or orders varied by the commanding officer.”
(4)
In subsection (3)—
(a)
the text from ““prescribed”” to the end becomes paragraph (a);
(b)
“(b)
references to hearings include any proceedings for determining whether a punishment, or an order under section 193, should be varied or rescinded.”
(5)
“(2A)
Subsection (2B) applies where—
(a)
a review has been carried out under this section in respect of a punishment,
(b)
the person to whom the review relates has not brought an appeal under section 141 within the period provided by subsection (2) of that section, and
(c)
the person who carried out the review considers there may be grounds for varying or rescinding the punishment, pursuant to rules made by virtue of section 153(1A).
(2B)
The person who carried out the review may refer the punishment back to the commanding officer who awarded it to consider whether to exercise the power to vary or rescind the punishment pursuant to those rules.
(2C)
Where subsection (2B) applies, that does not prevent the person who carried out the review from making a referral under subsection (4)—
(a)
as an alternative to making a referral under subsection (2B), or
(b)
after making a referral under subsection (2B), where the commanding officer has declined to exercise the power to vary or rescind the punishment.”