Page:Courts-Martial (Appeals) Act 1968 (UKPGA 1968-20 qp).pdf/6

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Courts-Martial (Appeals) Act 1968
Ch. 203

Part I

(2) If the Lord Chief Justice so directs, the Appeal Court may sit in two or more divisions.

(3) The Appeal Court shall sit at such place as the Lord Chief Justice shall direct, whether within or outside the United Kingdom.

Constitution of Court for particular sittings. 5.—(1) Subject to the provisions of this section, the Appeal Court shall be duly constituted if it consists of an uneven number of judges, not being less than three.

(2) At least one of the judges of which the Appeal Court consists at any sitting must be a judge of the Court by virtue of section 2(1) of this Act, except that where the Court is directed to sit at a place outside the United Kingdom the Lord Chancellor may, if he thinks it expedient to do so, direct that this provision shall not apply to the Court while sitting at that place.

(3) The determination of any question before the Appeal Court shall be according to the opinion of the majority of the judges of the Court hearing the case.

Power of Master of Rolls to act for Lord Chief Justice. 6. The Master of the Rolls may exercise the powers conferred on the Lord Chief Justice by sections 2 and 4 above if at any time the Lord Chief Justice is unable to exercise them himself the or there is a vacancy in the office of Lord Chief Justice.

Court staff, salaries and pensions. 7.—(1) There shall be a registrar of the Appeal Court (in this Act referred to as “the registrar”) to be appointed by the Lord Chancellor, and the Lord Chancellor may appoint such other officers and servants of the Court as he may, with the approval of the Treasury as to numbers, determine.

(2) The remuneration of the officers and servants of the Appeal Court shall be such as the Lord Chancellor may, with the approval of the Treasury, determine, and the Superannuation Acts 1965 and 1967 shall have effect as if service as an officer or servant of the Appeal Court were service in an established capacity in the permanent civil service of the State in an appointment held directly from the Crown.

(3) The remuneration of the officers and servants of the Appeal Court and such other expenses of the Court as the Treasury may sanction shall be defrayed out of moneys provided by Parliament.

A4