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(2) After section 52FN of the 1957 Act there is inserted—
(1) The Secretary of State may make rules for the purpose of regulating the practice and procedure to be followed in the summary appeal court.
(2) Rules under this section may, in particular, make provision—
(a) as to the practice and procedure of the court in exercising functions preliminary to or incidental to the hearing of appeals under section 52FK of this Act;
(b) as to the bringing and abandonment of appeals;
(c) as to the procedure for applying for leave under section 52FK(2) or (3) of this Act;
(d) as to the procedure for applying for leave, or making a reference, under section 71B(5A) or (5B) of this Act;
(e) as to circumstances in which the jurisdiction of the court may be exercised by a judge advocate appointed under section 52FG of this Act sitting alone;
(f) enabling an uncontested appeal to be determined without a hearing;
(g) as to the convening and constitution of the court to hear any appeal;
(h) as to circumstances in which officers otherwise qualified under section 52FH of this Act are ineligible to hear particular appeals;
(i) enabling the appellant to object to members of the court;
(j) as to the representation of the appellant on the hearing of appeals under section 52FK of this Act and at any preliminary proceedings;
(k) as to the admissibility of evidence;
(l) as to the rehearing of an appeal where any member of the court originally constituted to hear it has been unable to continue hearing the appeal;
(m) as to procuring the attendance of witnesses at the hearing of appeals and at any preliminary proceedings;
(n) as to the administration of oaths;
(o) as to the recording of the proceedings of the court and custody of records of the proceedings;
(p) as to making copies of the records of proceedings available and as to the fees payable for such copies;
(q) as to the procedure for applying to have a case stated under section 52FN(2) of this Act.
(3) Rules under this section may provide for any enactment which relates to the practice or procedure of courts-martial or to the admissibility of evidence in courts-martial to apply in relation to the court with such modifications as may be specified.
(4) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) After section 83ZJ of each of the 1955 Acts there is inserted—
(1) Every member of the summary appeal court shall, before first sitting as a member of the court, have administered to him by the prescribed person in the prescribed manner an oath in the prescribed form.
(2) In subsection (1) above “prescribed” means prescribed by the Secretary of State by order made by statutory instrument.
(3) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(2) After section 52FP of the 1957 Act there is inserted—
(1) Every member of the summary appeal court shall, before first sitting as a member of the court, have administered to him by the prescribed person in the prescribed manner an oath in the prescribed form.
(2) In subsection (1) above “prescribed” means prescribed by the Secretary of State by order made by statutory instrument.
(3) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) After section 83ZK of each of the 1955 Acts there is inserted—
A witness before the summary appeal court or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.”
(2) After section 52FQ of the 1957 Act there is inserted—
A witness before the summary appeal court or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.”
Schedule 3 to this Act (which makes further amendments of the 1955 Acts and the 1957 Act in relation to the summary appeal courts) shall have effect.
In this Act—
“the 1955 Acts” means the [1955 c. 18.] Army Act 1955 and the [1955 c. 19.] Air Force Act 1955;
“the 1957 Act” means the [1957 c. 53.] Naval Discipline Act 1957.
The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Armed Forces Discipline Act 2000.
(2) This Act, except this section and section 26, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(3) An order under subsection (2)—
(a) may appoint different days for different purposes, and
(b) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.
Armed Forces Discipline Act 2000