Regulation 11(10)
1. The person taking the oath shall hold the New Testament, or if a Jew the Old Testament, in his uplifted hand and shall say, or repeat after the person administering it, the oath provided in this Schedule for that category of person.
2. If any person to whom an oath is administered desires to swear in the form and manner in which an oath is usually administered in Scotland, he may do so with uplifted hand and saying, or repeating after the person administering it, the Scottish oath provided in this Schedule for that category of person.
3. If none of the forms of oath provided in this Schedule is appropriate to the religious beliefs of the person taking the oath, an oath may be administered in such form and manner as the person taking the oath declares to be binding on his conscience in accordance with his religious beliefs.
4. A person making a solemn affirmation instead of taking an oath shall say, or repeat after the person administering it, the affirmation provided in this Schedule for that category of person.
5. I swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.
6. I promise before Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.
7. The form of Scottish oath shall in each case be the same as the form of oath set out in paragraph 5 or 6 (as appropriate to the age of the person taking the oath), except that:
(a) for the words “I swear by Almighty God” there shall be substituted the words “I swear by Almighty God and as I shall answer to God at the Great Day of Judgement”; and
(b) for the words “I promise before Almighty God” there shall be substituted the words “I promise before Almighty God and as I shall answer to God at the Great Day of Judgement”.
8. The form of solemn affirmation shall in each case be the same as the form of oath set out in paragraph 5 or 6 (as appropriate to the age of the person taking this oath), except that for the words “I swear by Almighty God” and “I promise before Almighty God” there shall be substituted the words “I solemnly, sincerely and truly declare and affirm”.
Regulations 13 and 15
1.—(1) An application under regulation 13(3) for the issue of a witness notice must be made by the president, must identify the proposed witness, and must state—
(a)(i) the matters about which the proposed witness is likely to be able to give or provide evidence, or
(ii) the document or other thing which the proposed witness is likely to be able to produce or provide, and
(b) why the evidence, document or other thing is likely to be material evidence for the purpose of the service inquiry.
(2) The application may be made orally unless the judge advocate otherwise directs.
(3) An application in writing must contain a statement that the president believes that the facts stated in the application are true.
(4) The president must serve the application in every case on the court administration officer and on such other persons as the judge advocate may direct.
(5) The judge advocate may issue a witness notice with or without a hearing.
2.—(1) This paragraph applies where a person served under paragraph 1(4) with an application for a witness notice requiring a person to produce in evidence a document or thing objects to its production on the grounds that—
(a) it is not likely to be material evidence; or
(b) even if it is likely to be material evidence, it is evidence or a document referred to in regulation 13(5).
(2) The judge advocate may require the proposed witness to make the document or thing available for the objection to be assessed.
(3) The judge advocate may invite—
(a) the proposed witness or any representative of the proposed witness; or
(b) a person to whom the document or thing relates or any representative of such a person,
to help the judge advocate assess the objection.
3.—(1) An application under regulation 15 (application to vary or revoke witness notice) must be made in writing to the court administration officer and must set out—
(a) why the applicant is unable to comply with the witness notice; or
(b) why the applicant considers that it is not reasonable in all the circumstances to require him to comply with the witness notice.
(2) On receiving the application, the court administration officer shall serve notice of the application on the president.
(3) A judge advocate shall neither grant nor refuse the application unless the applicant and the president have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing.
(4) Paragraph 2 shall apply to an application under regulation 15 where the witness notice requires the applicant to produce in evidence a document or thing and the applicant seeks to satisfy the judge advocate that—
(a) it is not likely to be material evidence; or
(b) even if it is likely to be material evidence, it is evidence or a document referred to in regulation 13(5).
(5) The court administration officer shall notify the applicant and the president of the decision of the judge advocate in relation to the application.
Regulation 20
1. Before the definition of “civilian subject to service discipline” in section 370 of the Act comes in to force, that expression shall mean civilians to whom—
(a) Part 2 of the Army Act 1955(4) is applied by section 209 of that Act, or
(b) Part 2 of the Air Force 1955(5) is applied by section 209 of that Act, or
(c) Parts 1 and 2 of the Naval Discipline Act 1957(6) are applied by section 118 of that Act.
2. Before the definition of “court administration officer” in section 374 of the Act comes into force “court administration officer”—
(a) has the same meaning as in section 84A of the Army Act 1955 in relation to a service inquiry the president of which is a person subject to military law within the meaning of the Army Act 1955;
(b) has the same meaning as in section 84A of the Air Force 1955 in relation to a service inquiry the president of which is subject to air force law within the meaning of that Act; and
(c) has the same meaning as in section 53A of the Naval Discipline Act 1957 in relation to a service inquiry the president of which is a person who, within the meaning of the Naval Discipline Act 1957, is subject to that Act.
3. Before the definition of “judge advocate” in section 362 of the Act comes into force, “judge advocate”—
(a) in relation to a service inquiry the president of which is a person subject to military law within the meaning of the Army Act 1955, means a judicial officer appointed under section 75L of that Act;
(b) in relation to a service inquiry the president of which is a person subject to air force law within the meaning of the Air Force 1955, means a judicial officer appointed under section 75L of that Act; and
(c) in relation to a service inquiry the president of which is a person who, within the meaning of the Naval Discipline Act 1957, is subject to that Act, means a judicial officer appointed under section 47M of that Act.
4. ”Service court” includes—
(a) a summary appeal court constituted under section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957;
(b) a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;
(c) a Standing Civilian Court, established under section 6 of the Armed Forces Act 1976(7); and
(d) the Courts-Martial Appeal Court.
5. “Summary hearing” includes summary dealing under section 76B of the Army Act 1955 or of the Air Force Act 1955 and summary trial under section 52D of the Naval Discipline Act 1957.