S.L. 220.5 Art. 6Delegation of powers by commanding officer.

(1) Subject to regulation 14, an officer who is a commanding officer within the meaning of regulation 4 or 5 may delegate to a subordinate commander whatever his rank may be, who is under his command and directly responsible to him in disciplinary matters, the power to investigate and deal summarily with charges with which he himself may so deal under regulation 9:

Provided that such delegation shall not include:

(a) the power to remand the accused for trial by court-martial; and

(b) the power to order the taking of a summary of evidence or the making of an abstract of evidence.

(2) When a commanding officer delegates the power to investigate and deal summarily with charges in accordance with sub-regulation (1) he may, in addition to the restrictions imposed by regulation 14, impose such further restrictions as seem to be proper upon the exercise of that power by the officer to whom it is delegated.

(3) When a subordinate commander is dealing with a charge against a non-commissioned officer or a soldier and the accused elects to be tried by court-martial in accordance with article 84(6) of the Act, the subordinate commander shall not deal further with the charge himself, but shall order that the accused shall be brought before the commanding officer who delegated to him the power to investigate the charge.