Courts-Martial (Appeals) Act 1968

Type Public General Act
Publication 1968-05-08
Last updated 2024-10-16
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (a) the Appeal Court may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court,
  • (b) an order made under this section may be enforced in the manner described in section 32(2) of this Act, and
  • (c) section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by this section).

Regulations

47A
  • (1) The Lord Chancellor may by regulations—
  • (a) make provision as to the sums that may be directed to be paid under section 46A or 47(3), whether by specifying rates or scales or by making other provision as to the calculation of the sums,
  • (b) make provision as to the circumstances in which and conditions under which such sums may be paid or directed to be paid,
  • (c) make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b), and
  • (d) make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned).
  • (2) The power under subsection (1)(d) may not be exercised in respect of sums ordered to be paid by the Supreme Court in respect of expenses incurred in proceedings before that court.
  • (3) Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.
47B
  • (1) Regulations under sections 46A, 47 and 47A may, in particular, make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas.
  • (2) A power to make regulations under those sections is exercisable by statutory instrument.
  • (3) A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).
  • (4) A statutory instrument containing (whether alone or with other provision) regulations under section 46A or 47 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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