Page:Courts-Martial (Appeals) Act 1968 (UKPGA 1968-20 qp).pdf/28

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Courts-Martial (Appeals) Act 1968
Ch. 2025

Part IV

“appellant” includes a person who has been tried by court-martial and wishes to appeal under Part II of this Act to the Appeal Court;
“the Army Act” means the 1955 c. 18.Army Act 1955;
“army court-martial” means a court-martial under the Army Act;
“court-martial” means a naval, army or air force court- martial;
“enactment” includes an enactment of the Parliament of Northern Ireland;
“the Judge Advocate General” means the Advocate General or Judge Martial of all Her Majesty’s regular, auxiliary and reserve land and air forces;
“the Lord Chief Justice” means the Lord Chief Justice of England;
“the Naval Discipline Act” means the 1957 c. 53.Naval Discipline Act 1957;
“naval court-martial” means a court-martial under the Naval Discipline Act, and includes a disciplinary court;
“prescribed” means prescribed by rules of court; and
“the registrar” means the registrar of the Appeal Court.

(2) Where in connection with any proceedings or powers of the Appeal Court on appeal a provision of this Act refers to “the relevant Service Act”, it is to be taken as referring to the Act under which the appellant was tried by court-martial, that is to say the Naval Discipline Act, the Army Act or the Air Force Act, as the case may be.

(3) In Part III of this Act “the accused” means, in relation to an appeal from the Appeal Court to the House of Lords, the person who was the accused in the court-martial proceedings from which the appeal lay to the Appeal Court.

(4) Any reference in this Act to another enactment is a reference thereto as amended by or under any other enactment, including this Act.

(5) Any reference in this Act to an enactment of the Parliament of Northern Ireland includes a reference to an enactment corresponding thereto and for the time being in force in Northern Ireland.

Consequential amendment of enactments. 58. The enactments specified in Schedule 4 to this Act shall be amended as shown in that Schedule.

Transitional provisions. 59. The transitional provisions set out in Schedule 5 to this Act shall have effect.

Repeals. 60. The enactments specified in the second column of Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.