This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2009, revoke and replace the Armed Forces Discipline Regulations 1990 and the Armed Forces Discipline (Legal Service Fees and Allowances) Regulations 1991.
Regulations 4 to 6 prescribe the extent to which the Court Martial or a disciplinary officer, on passing the sentence or imposing the punishment of reduction in rank, forfeiture of seniority, or stay of seniority on members of the Armed Forces, may reduce their rank, or forfeit or stay their seniority.
Regulations 7 to 13 provide for—
the forfeiture of pay and allowances of members of the Armed Forces who are convicted of an offence in a civil court or by the Court Martial, or who are found guilty of an offence by a disciplinary officer:
the recovery of pay and allowances forfeited, fines imposed, or compensation or other payments ordered following conviction by the Court Martial or a finding of guilty by a disciplinary officer.
Regulations 14 to 28 provide for the payment of fees, allowances, and expenses to—
legal counsel (other than a member of the Armed Forces) for work done on or after 1 July 2009 in connection with proceedings before the Summary Appeal Court, the Court Martial, or the Court Martial Appeal Court, and other matters relating to service law:
a person (other than a member of the Armed Forces) engaged to lecture on any matter relating to service law for work done after the same date.
Regulation 15 provides for the establishment of a scale of fees, travelling expenses, and allowances payable in respect of work to which the regulations apply. In the case of fees, the scale is established relative to the fees payable under the Crown Solicitors Regulations 1994. Those regulations require the Crown Solicitor, in each year, to determine what is called the senior hourly rate of remuneration. Under regulation 16 of these regulations, this figure is the base hourly rate of remuneration for work to which the regulations apply and the fees payable are expressed as a percentage of this rate. For counsel, this depends on the person's classification under regulation 17 as senior, intermediate, or junior.
Regulations 21 to 23 provide for the payment of various allowances and expenses, including for transport, travelling time, and subsistence costs, in connection with work to which the regulations apply.
Regulations 24 to 28 set out the procedure to be followed in relation to a claim for fees, expenses, and allowances under the regulations, including certification and payment of the claim.