S.L. 220.5 Art. 4General definition of commanding officer.

Except where otherwise expressly provided in these regulations, the commanding officer of a person subject to military law who is charged with an offence is either -

(a) the officer who has been appointed by higher authority to be commanding officer while able effectively to exercise his powers as such; or

(b) where no appointment has been made as aforesaid the officer who is, for the time being, in immediate command of the unit to which the accused belongs or is attached or any detachment with which the accused is for the time being serving and who is directly responsible in disciplinary matters to an officer empowered to convene a district court martial to try a soldier belonging to or attached to that unit or who is serving with that detachment, as the case may be.