§ 102. In section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts), in subsection (15), for the words "authority who directs the trial or trials" there shall be substituted the words "court administration officer notified by the prosecuting authority that the trial or trials are".
§ 103.—(1) Schedule 3 to that Act (Standing Civilian Courts) shall be amended as follows.
§ (2) In paragraph 1 (interpretation)—
- (a) after the definition of "the court" there shall be inserted the following definitions—
- "court administration officer" has the same meaning as in the Army Act 1955;
- "the court administration officer", in relation to a civilian, means the court administration officer notified by the prosecuting authority that the civilian is to be tried by the court and includes his successor or any person for the time being exercising his or his successor's functions;
- "the higher authority", in relation to a civilian, means the higher authority who referred his case to the prosecuting authority;";
- (b) the definition of "the directing officer" shall cease to have effect; and
- (c) after the definition of "prescribed" there shall be inserted the following definition—
- "the prosecuting authority"—
- (a) in the case of a civilian to whom Part II of the Army Act 1955 applies, has the same meaning as in that Act;
- (b) in the case of a civilian to whom Part II of the Air Force Act 1955 applies, has the same meaning as in that Act;".
§ (3) In paragraph 2 (sittings of the Standing Civilian Court)—
- (a) in sub-paragraphs (1) and (3), for the word "directing" there shall be substituted the words "court administration"; and
- (b) in sub-paragraph (2), for the word "shall" there shall be substituted the word "may" and the words from "if so" to "direction" shall cease to have effect.
§ (4) In paragraph 4 (right of accused to elect trial by court-martial)—
- (a) in sub-paragraph (4), for the words from "report" to the end there shall be substituted the words "shall refer the case to the prosecuting authority"; and
- (b) sub-paragraph (5) shall cease to have effect.
§ (5) For paragraph 6 there shall be substituted the following paragraph—