Investigation as to barrack damages

(1) Without prejudice to any proceedings under any other section of the Act, the cause and extent of every damage or loss to which section 115 relates and the time at which such damage or loss was occasioned shall be investigated– (a) if more than one unit or part of a unit is concerned, by a court of inquiry convened by an officer under whose command the units are; or (b) if only one unit or part of a unit is concerned– (i) by a court of inquiry convened by the commanding officer of the unit or part of the unit; or (ii) by an examination by the commanding officer of the unit or part of the unit concerned, or by an officer appointed by him, of the evidence, whether written or oral, relating to such damage or loss and time. (2) The amount which a person may be required to contribute under the said section 115, towards compensation for any damage or loss shall be the amount of the damage or loss divided by the number of persons who could under the said subsection be required to contribute towards compensation for the said damage or loss, 164 Defence provided that– (a) where any part of the amount of the damage or loss has been written off, or is the subject of an application for write-off, as a charge against the public under the regulations for the time being in force relating to write-off, the amount of the damage or loss for the purposes of this paragraph shall be the total amount of the damage or loss less the part which has been so written off, or is the subject of such application. (b) in calculating the number of persons by which the amount of the damage or loss is to be divided as aforesaid, no account shall be taken of persons who it appears on investigation in accordance with the said section 115 could not have occasioned the damage or loss.