Reserve Forces Act 1980

Part I — The Reserve and Auxiliary Forces

Naval and marine reserves

Royal Naval Reserve

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Royal Fleet Reserve and its special class

2

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Royal Marines Reserve

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Army reserves and auxiliaries

Army Reserve

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Territorial Army

5

Home Service Force of the Territorial Army

6

Ulster Defence Regiment

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Air force reserves and auxiliaries

Air Force Reserve

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Royal Auxiliary Air Force

9

Part II — Call Out and Recall

General provisions as to call out for permanent service

Call out for national danger

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• (1) Any member of any reserve force other than an officer of the Royal Fleet Reserve may be called out for permanent service in any part of the world whenever an order of Her Majesty made under section 52(1)(a) of the Reserve Forces Act 1996 is in force.

• (2) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.

• (a) a proclamation shall be issued for the meeting of Parliament within 5 days; and

• (b) Parliament shall accordingly meet and sit upon the day appointed by the proclamation; and

• (c) Parliament shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.

• (4) In this section “reserve force” means any of the following bodies—

• (a) the Regular Reserve ;

• (b) the Army Reserve ;

• (c) the Air Force Reserve;

• (d) the Royal Auxiliary Air Force:

• (e) the Royal Naval Reserve . . .

• (ea) the Royal Fleet Reserve including its special class; and

• (f) the Royal Marines Reserve.

• (5) An order under subsection (1) may authorise the calling out of the Ulster Defence Regiment for permanent service in Northern Ireland, and section 26 below applies for the purposes of this subsection as if the Ulster Defence Regiment were a reserve force within the meaning of subsection (4) above.

• (6) In relation to a man of the Royal Auxiliary Air Force in whose case it was agreed at the time of his enlistment that he was accepted for home service only, subsection (1) has effect as if for the reference to any part of the world there were a reference to the United Kingdom, the Channel Islands and the Isle of Man.

Call out for warlike operations

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• (1) A person to whom this section applies shall be liable to be called out for permanent service in any part of the world whenever an order under section 54(1) of the Reserve Forces Act 1996 is in force.

• (1A) Sections 50(6) and 54(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 54 of that Act applied.

• (2) The persons to whom this section applies are—

• (a) any member of the Regular Reserve or the Air Force Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having enlisted in the regular army or the regular air force Royal Air Force before that day;

• (b) any member of the Army Reserve who became such a member on or after 1st April 1967 by enlisting or re-engaging in the Army Reserve or by becoming an officer of the Army Reserve ;

• (ba) any officer of the Royal Fleet Reserve;

• (c) any member of the special class of the Royal Fleet Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having, before that day, been entered for non-continuous service in the naval service of Her Majesty or enlisted to serve in the royal marine forces;

• (3) In subsection (2) above the references in paragraphs (a) and (c) to becoming a member of a reserve or class include references to remaining a member of it by virtue of a new engagement or other agreement.

Call out of Territorial Army under s. 11

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Provisions supplemental to ss. 10 to 12

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A man of the Army Reserve or the Royal Auxiliary Air Force who is called out for permanent service shall, subject to subsections (3) and (4) below, be liable to serve—

• (a) until Her Majesty no longer requires his services, or

• (b) until the expiry of his term of service in that reserve or force,

whichever first occurs, and a member of the special class of the Royal Fleet Reserve who is called out for permanent service by virtue of section 11(1) shall be under a like liability to serve.

• (3) The period or aggregate of the periods during which a man is called out for service by virtue of section 11(1) during the term of his current engagement shall not without his consent exceed 12 months.

• (4) Where the time at which (apart from this subsection)—

• (a) the term of service in the special class of the Royal Fleet Reserve of a man of that class would expire, or

• (b) a man of the Army Reserve would be entitled to discharge,

occurs while he is called out for service by virtue of section 11(1), he may be required to continue in service under that subsection for such further period as may be ordered by—

• (i) the Defence Council, or

• (ii) an officer designated for the purposes of this subsection by the Defence Council,

but the period so ordered (together with the period or aggregate of the periods of the man’s service under section 11(1) apart from this subsection during the term of his current engagement) shall not exceed 12 months.

Call out under special agreement

Call out under special agreement

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Regular army agreements under s. 14

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Other provisions as to call out for service

Permanent service call out of naval and marine reserves

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• (1) Every officer and man serving in—

• (a) the Royal Naval Reserve and the Royal Fleet Reserve, except a man of the special class of the Royal Fleet Reserve to whom section 11 above applies,

• (b) the Royal Marines Reserve,

is liable, during the whole of that service, to be called out for permanent service

• whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force.

• The reference in this subsection to the United Kingdom shall be construed as if that expression included the Channel Islands and the Isle of Man.

• (1A) Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.

• (2) The provisions of subsection (1) above are in addition to, and not in substitution for, the provisions of any other enactment under which officers or men of the reserves mentioned in that subsection are liable to be called into permanent service.

Naval and marine reserve service under ss. 10 and 16

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• (1) Every officer and man of the Royal Naval Reserve, the Royal Fleet Reserve and the Royal Marines Reserve called out for permanent service by virtue of section 10 or section 16 above shall be—

• (a) liable to that service for a term of 3 years from the time of his coming into such service;

• (b) entitled to be discharged from that service at the expiry of that term.

• (2) If in any emergency Her Majesty sees fit She may, by order signified under the hand of the Secretary of State, provide that at the date of the order the officers and men of the Royal Naval Reserve and the Royal Fleet Reserve in permanent service by virtue of section 10 or section 16 shall continue in that service for a period of 5 years from the date of their respectively coming into that service, if their services be so long required.

• (3) The officers and men mentioned in subsection (2) above shall at the date of the order—

• (a) be liable to such permanent service accordingly; and

• (b) not be entitled to claim their discharge during that period.

• (4) Where any officer or man of the Royal Naval Reserve and the Royal Fleet Reserve—

• (a) is called into permanent service by virtue of section 10 or section 16, and

• (b) is detained in that service for a period of less than 5 years,

he shall, during the period of 5 years from the date of his joining the reserve be liable from time to time to be again called into that service, and to serve accordingly for such period as with his former such service will make up a period of 5 years in that service.

Permanent service call out of Army Reserve

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• (1) Any officer or man of the Regular Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force.

• (1A) Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.

• (2) Where a man of the Regular Reserve is called out for permanent service—

• (a) he may be appointed to any corps;

• (b) subsection (3) of section 3 of the Army Act 1955 shall apply to him as it applies to a soldier of the regular forces.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of Army Reserve permanent service

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• (1) Subject to this section and section 13(3) above, a man of the Regular Reserve when called out for permanent service shall be liable to serve until Her Majesty no longer requires his services.

• (2) No man called out for permanent service shall be required to serve for a period exceeding in the whole the remainder unexpired of his term of service in the Regular Reserve .

• (3) Section 19A below shall apply to men of the Regular Reserve called out for permanent service.

• (4) Section 13 of the Army Act 1955 so far as it relates to discharge shall apply to men of the Regular Reserve called out for permanent service as it applies to soldiers of the regular forces.

• (5) Nothing in subsection (2) above shall prejudice the operation of subsections (3) and (4) above subsection (3) .

Permanent service call out of Air Force Reserve

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• (1) Any man of the Air Force Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force.

• (1A) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration of Air Force Reserve permanent service

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• (1) Subject to this section and section 13(3) above, a man of the Air Force Reserve when called out for a permanent service shall be liable to serve until Her Majesty no longer requires his services.

• (2) No man called out for permanent service shall be required to serve for a period exceeding in the whole the remainder unexpired of his term of service in the Air Force Reserve, subject to section 69 below.

• (3) Section 21A below shall apply to men of the Air Force Reserve called out for permanent service.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Nothing in subsection (2) above shall prejudice the operation of subsection (3) .

Call out of Territorial Army and Royal Auxiliary Air Force for home defence service

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• (1) Every officer and man of the Army Reserve and of the Royal Auxiliary Air Force shall be liable to be called out for home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force notwithstanding that—

• (a) the Army Reserve or that part to which he belongs has not been called out for permanent service by virtue of section 10(1) or 11(1) above, or

• (b) the Royal Auxiliary Air Force or that part to which he belongs has not been called out for permanent service by virtue of section 10(1).

• (2) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.

Army and air force reserves in aid of civil power

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Permanent service call out of Ulster Defence Regiment

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Emergency service call out of Ulster Defence Regiment

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Call-out notices under certain enactments

Call-out notices under s. 10(1) and other enactments

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• (1) The power of the Secretary of State under section 58(1) of the Reserve Forces Act 1996 to call out a person liable to be called out under an order made under section 52 or 54 of that Act shall include a power to call out a person liable to be called out by virtue of the enactments mentioned in subsection (2) below.

• (2) The enactments referred to in subsection (1) above are—

• (a) section 10(1) above;

• (b) section 11(1) above;

• (c) section 16(1) above;

• (d) section 18(1) above;

• (e) section 20(1) above;

• (f) section 22 above;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) paragraph 15(1) of Schedule 8 to this Act; and

• (i) sub-paragraphs (2), (3), (5) and (6) of paragraph 16 of that Schedule.

• (3) Sections 58 and 59 shall have effect in relation to any person called out by virtue of the enactments mentioned in subsection (2) above with the following modifications—

• (a) section 58(3) shall have effect as if—

• (i) paragraph (b) provided for the call-out notice to specify the provision of this Act by virtue of which the person concerned is liable to be called out; and

• (ii) in paragraph (c), the words “under that order” were omitted;

• (b) section 58(5) shall have effect as if—

• (i) the words “on the authority of a call-out order” were omitted; and

• (ii) in paragraph (a), the reference to the call-out order was a reference to the order made under Part VI of the Reserve Forces Act 1996 by virtue of which the person concerned is liable to be called out;

• (c) section 59(5) shall have effect as if—

• (i) for the word “under”, where it appears for the first time, there were substituted the words “by virtue of”; and

• (ii) the words “under that call-out order” were omitted; and

• (d) section 59(6) shall have effect as if—

• (i) the words “under a call-out order” and “under that order” were omitted; and

• (ii) paragraph (b) provided for the person concerned to be deemed to have been called out for service in accordance with this Act.

• (4) In the application of sections 58 and 59 of the Reserve Forces Act 1996 and of section 28 below—

• (a) section 63 of the Reserve Forces Act 1996 shall apply in relation to this Act as it applies in relation to Part VI of that Act; and

• (b) “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of Part VI of the Reserve Forces Act 1996, and any officer so authorised shall be deemed to be authorised for the same purposes in connection with any corresponding provision of this Act.

Call-out notices deemed on personal attendance

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Differing service liabilities of those called out

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• (1) Where a person—

• (a) is in service in pursuance of a call-out notice under section 58 of the Reserve Forces Act 1996 specifying an enactment mentioned in section 26(2) above;

• (b) if he were not in service he would be liable to be called into service by a call-out notice under section 58 of the Reserve Forces Act 1996 or, as the case may be, by such a call-out notice specifying a different enactment so mentioned,

the Secretary of State may direct that, on the date of the direction or a later date specified in the direction, that person shall be deemed to be called into service by a call-out notice under section 58 of the Reserve Forces Act 1996 specifying such of those enactments applicable to him as is specified in the direction.

• (2) Where a person is deemed in pursuance of subsection (1) above to be called into service by virtue of an enactment specified in a direction under that subsection, his service under any other enactment by virtue of which he was previously serving shall cease.

• (3) The power to give a direction under this section includes power—

• (a) to make provision for persons of such descriptions as are specified in the direction or in respect of an individual; and

• (b) to make different provision for different circumstances.

End of service under call-out notices

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• (1) In any case where—

• (a) the services of a person called into service by a call-out notice under section 58 of the Reserve Forces Act 1996 specifying an enactment in section 26(2) above above are no longer required, or

• (b) a person is in service in pursuance of such a call-out notice at the expiry of the period of his liability for service in pursuance of the enactment specified by the notice,

he shall be entitled to be released from permanent service in the prescribed manner with all convenient speed.

• (2) The reference in paragraph (b) of subsection (1) above to a period of liability for service in pursuance of a particular enactment includes a reference to such a period as extended under any other enactment.

Recall of service pensioners and former soldiers

Liability of naval and marine pensioners to recall

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