Law Weblog

Delegated Legislation: Remedial Orders

Sunday 25 January 2004 at 6:45 pm | In News | Post Comment

An example of a remedial order is given here. 

It corrects an unfairness in Courts Martial where the Judge Advocate of a Naval Court Martial was appointed by Naval officers (unlike the Army and the Air Force), this lead to an appeal to the UCHR (Mark Grieves v United Kingdom) which declared that such a Naval tribunal was not ‘independent’ as required by Article 6 of the Convention. 

The Remedial Order provides that Judge Advocate of Her Majesty’s Fleet, a civilian, will now appoint judicial officers and judge advocates. 

 

Once laid before Parliament it has 120 days before it becomes a permanent piece of legislation. So, a resolution has to be passed by each House of Parliament approving the Order.