Defence (Amendment) Act 2011

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Amendment of Courts-Martial Appeals Act 1983.

11.— The Courts-Martial Appeals Act 1983 is amended—

(a) in section 3, by inserting the following definitions:

“ ‘Act of 1947’ means the Courts of Justice Act 1947 ;

‘military judge’—

(a) means a military judge appointed under Chapter IVC of Part V of the Act of 1954, and

(b) in relation to the performance of the functions of a military judge under this Act or any instrument made under it, where a temporary designation of a Circuit Judge to carry out the functions of a military judge has been made under section 11A of the Act of 1947, references to the performance of such functions shall be construed in accordance with section 3A.”,

(b) by inserting the following section after section 3:

“Performance of functions of military judge by Circuit Judge.

3A.— (1) Where a Circuit Judge has been temporarily designated under section 11A of the Courts of Justice Act 1947 pursuant to a request under section 184LA of the Act of 1954, notwithstanding the definition of military judge in section 3, references in this Act, or any instrument made under it, to a military judge in relation to the carrying out of the functions of a military judge under this Act, or any instrument made under it, shall be construed in accordance with such temporary designation of such Circuit Judge and nothing in this Act, or any statutory instrument made under it, shall be construed as preventing such Circuit Judge from carrying out such functions of a military judge.

(2) In this section ‘Circuit Judge’ has the meaning assigned to it by the Act of 1947.”,

(c) by inserting the following section after section 23:

“Section 23: supplemental provisions.

23A.— Without prejudice to the generality of section 23, rules of court made under that section may, in relation to the functions of a military judge provided for in those rules, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA of the Act of 1954 is temporarily designated to perform such functions under section 11A of the Act of 1947.”,

and

(d) in section 33, by inserting the following subsection after subsection (2):

“(2A) Without prejudice to the generality of subsection (1), regulations under this section may, in relation to the functions of a military judge provided for in those regulations, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA of the Act of 1954 is temporarily designated to perform such functions under section 11A of the Act of 1947.”.