Reserve Forces Act 1980

Type Public General Act
Publication 1980-03-20
Last updated 2016-04-06
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

SCHEDULE 4

SCHEDULE 5

Arrest of deserters and absentees without leave

1
  • (1) A constable may arrest any person whom he has reasonable cause to suspect of being an officer or man of the reserve forces (that is, in this Schedule, an officer or man of the Regular Reserve , Air Force Reserve, Army Reserve and Royal Auxiliary Air Force) who has deserted or is absent without leave.
  • (2) Where no constable is available, any officer, warrant officer, non-commissioned officer or soldier of the regular forces, or airman of the regular air force, or any other person, may arrest any person whom he has reasonable cause to suspect of having deserted or being absent without leave as mentioned in sub-paragraph (1) above.
  • (3) Any person having authority to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdiction an officer or man of the reserve forces who has deserted or is absent without leave or is reasonably suspected of having deserted or being absent without leave, may issue a warrant authorising his arrest.
  • (4) Any person is custody in pursuance of this paragraph shall as soon as practicable be brought before a magistrates’ court.
  • (5) This paragraph shall have effect in the United Kingdom and in any colony.

Proceedings before a civil court where persons suspected of illegal absence

2
  • (1) Where a person who is brought before a magistrates’ court is alleged to be an officer or man of the reserve forces who has deserted or is absent without leave, the following provisions shall have effect.
  • (2) If he admits that he is illegally absent from the reserve forces and the court is satisfied of the truth of the admission, then—
  • (a) unless he is in custody for some other cause the court shall, and
  • (b) notwithstanding that he is in custody for some other cause, the court may,

forthwith either cause him to be delivered into military or air-force custody, as the case may be, in such manner as the court may think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military or air-force custody, as the case may be) or until sooner delivered into such custody.

Any time specified by the court may be extended by the court from time to time if it appears to the court reasonably necessary so to do for the purpose aforesaid.

  • (3) If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if satisfied that he is subject to military law or air-force law, as the case may be, and if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave then, unless he is in custody for some other cause, the court shall cause him to be delivered into military or air-force custody, as the case may be, or commit him as aforesaid, but otherwise shall discharge him:
  • (4) The following provisions of the Magistrates’ Courts Act 1980or any corresponding enactment in force as respects the court in question, that is to say the provisions relating to the constitution and procedure of magistrates’ courts acting as examining justices and conferring powers of adjournment and remand on such courts so acting, and the provisions as to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses, shall apply to any proceedings under this paragraph.
  • (5) This paragraph shall have effect in the United Kingdom and in any colony.

Deserters and absentees without leave surrendering to police

3
  • (1) Where in the United Kingdom or any colony a person surrenders himself to a constable as being illegally absent from the reserve forces, the constable shall (unless he surrenders himself at a police station) bring him to a police station.
  • (2) The officer of police in charge of a police station at which a person has surrendered himself as aforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into the case and if it appears to that officer that the said person is illegally absent as aforesaid he may cause him to be delivered into military or air-force custody, as the case may be, without bringing him before a magistrates’ court or may bring him before such a court.

Certificates of arrest or surrender of deserters and absentees

4
  • (1) Where a magistrates’ court in pursuance of paragraph 2 above deals with a person as illegally absent, then when that person is delivered into military or air-force custody, as the case may be, there shall be handed over with him a certificate in the prescribed form, signed by a justice of the peace, containing the prescribed particulars as to his arrest or surrender and the proceedings before the court; and for any such certificate there shall be payable to the clerk of the court, by such person as the Defence Council may direct, such fee (if any) as may be prescribed.
  • (2) Where under sub-paragraph (1) above, a person is delivered into military or air-force custody without being brought before a court, there shall be handed over with him a certificate in the prescribed form, signed by the officer of police who causes him to be delivered into custody, containing the prescribed particulars relating to his surrender.
  • (3) In any proceedings for an offence under section 73(1) above or section 106(1) above—
  • (a) a document purporting to be a certificate under either sub-paragraph (1) or (2) above and to be signed as thereby required, shall be evidence of the matters stated in the document;
  • (b) where the proceedings are against a person who has been taken into military, naval or air-force custody on arrest or surrender, a certificate purporting to be signed by a provost officer, or any corresponding officer of a Commonwealth force or a force raised under the law of a colony, or by any other officer in charge of the guardroom or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender shall be evidence of the matters stated in the certificate.
  • (4) In this paragraph the expression “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument under section 189 of the Army Act 1955 or section 189 of the Air Force Act 1955, as the case may be.

Duties of governors of prisons and others to receive deserters and absentees

5
  • (1) It shall be the duty of the governor of a civil prison in the United Kingdom or the superintendent or other person in charge of a civil prison in a colony to receive any person duly committed to that prison by a magistrates’ court as illegally absent from the reserve forces and to detain him until in accordance with the directions of the court he is delivered into military or air-force custody, as the case may be.
  • (2) Sub-paragraph (1) above shall apply to the person having charge of any police station or other place (not being a prison) provided for the confinement of persons in custody, whether in the United Kingdom or in a colony, as it applies to the governor or superintendent of a prison.

SCHEDULE 6

General provisions as to evidence

1
  • (1) The following provisions of this paragraph shall have effect with respect to evidence in proceedings under Part IV or Part V of this Act, whether before a court-martial, a civil court or otherwise.
  • (2) A letter, return or other document stating that any person—
  • (a) was or was not serving at any specified time or during any specified period in any part of Her Majesty’s forces or was discharged from any part of those forces at or before any specified time, or
  • (b) held or did not hold at any specified time any specified rank or appointment in any of those forces, or had at or before any specified time been attached, posted or transferred to any part of those forces, or at any specified time or during any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place, or
  • (c) was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe or emblem,

shall, if purporting to be issued by or on behalf of the Defence Council or by a person authorised by them, be evidence of the matters stated in the document.

  • (3) A record made in any service book or other document prescribed by Queen’s Regulations for the purposes of this sub-paragraph, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of military or air-force duty, as the case may be, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein.
  • (4) A copy of a record (including the signature thereto) in any such book or other document as aforesaid, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record.
  • (5) A document purporting to be issued by order of the Defence Council and to contain instructions or regulations given or made by the Defence Council shall be evidence of the giving of the instructions or making of the regulations and of their contents.
  • (6) A certificate purporting to be issued by or on behalf of the Defence Council or by a person authorised by them, and stating—
  • (a) that a decoration of a description specified in or annexed to the certificate is a military, naval or air force decoration, or
  • (b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied or authorised by the Defence Council,

shall be evidence of the matters stated in the certificate.

  • (7) A certificate purporting to be signed by a person’s commanding officer or any officer authorised by him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a continuing nature made for—
  • (a) any formation or unit or body of troops, or
  • (b) any formation or unit or body of the air force, or
  • (c) any command or other area, garrison or place, or
  • (d) any ship, train or aircraft,

shall in proceedings against the said person be evidence of the matters stated in the certificate.

  • (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) Where, in relation to one of the Regular Reserve , the Air Force Reserve, the Army Reserve or the Royal Auxiliary Air Force, any document would be evidence in any proceedings under Part IV or Part V of this Act by virtue of this paragraph, or paragraph 5 of Schedule 3 to this Act, that document shall—
  • (a) in like manner,
  • (b) subject to the same conditions, and
  • (c) for the like purpose,

be evidence in the like proceedings in relation to any other of the Regular Reserve , Air Force Reserve, Army Reserve or the Royal Auxiliary Air Force.

Proof of outcome of civil trial

2
  • (1) Where a person subject to military law or to air-force law has been tried before a civil court (whether at the time of the trial he was or was not subject to military law or air-force law, as the case may be), a certificate signed by the clerk of the court and stating all or any of the following matters—
  • (a) that the said person has been tried before the court for an offence specified in the certificate,
  • (b) the result of the trial,
  • (c) what judgment or order was given or made by the court,
  • (d) that other offences specified in the certificate were taken into consideration at the trial,

shall for the purposes of Part IV or Part V of this Act be evidence of the matters stated in the certificate.

  • (2) The clerk of the court shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate under this paragraph and shall be paid such fee as may be prescribed by regulations made by the Secretary of State under section 199 of the Army Act 1955 or section 199 of the Air Force Act 1955, as the case may be.
  • (3) A document purporting to be a certificate under this paragraph and to be signed by the clerk of the court shall, unless the contrary is shown, be deemed to be such a certificate.
  • (4) References in this paragraph to the clerk of the court include references to his deputy and to any other person having the custody of the records of the court.

SCHEDULE 7

1

A scheme for the constitution of an association shall provide—

  • (a) for the date of the establishment of the association;
  • (b) for the incorporation of the association by an appropriate name;
  • (c) for appointment as members of the association of naval members, marine members,military members and air force members the aggregate number of such members to be not less than half of the whole number of members of the association;
  • (d) for the appointment as members of the association by the Defence Council, after consultation with, and on the recommendation of, the bodies to be represented, of representatives of such of the local authorities wholly or partly within the area for which the association is established as the Defence Council may from time to time determine;
  • (e) for the mode of appointment, dismissal, term of office and rotation of members of the association and the filling of casual vacancies;
  • (f) for the election of a chairman and a vice-chairman or vice-chairmen by the association and for defining their powers and duties;
  • (g) for the appointment by the association, subject to the approval of the Defence Council, of a secretary and other officers and members of the staff of the association provided that a secretary or other officer or member of the staff who is in the employment of the association by virtue of the provisions of an order made by the Defence Council in exercise of the powers conferred upon the Defence Council by subsection (4) of section 122 above shall be deemed for the purpose of this provision in the scheme to have been appointed by the association;
  • (h) for the procedure to be adopted, including the appointment of committees and the delegation to committees of any of the powers or duties of the association;
  • (i) for enabling flaggeneral or air officers of any part of Her Majesty’s forces, or officers deputed by them, to attend the meetings of the association, and to speak but not to vote.
2

A scheme for the constitution of an association other than an association established for an area including Greater London shall provide—

  • (a) for constituting as president of the association the lord-lieutenant of one of the counties or parts of counties for which the association is established, as the Defence Council may from time to time think fit, or, failing any of those lord-lieutenants, such other person as the Defence Council may think fit, and
  • (b) for constituting as vice-presidents of the association the lord-lieutenants of any of those counties or parts of counties in any case where they are not president of the association and are willing to act as vice presidents.
3

A scheme for the establishment of an association in Scotland shall provide—

  • (a) in the case where an association area coincides with a local government area or where a local government area contains two or more association areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in the local government area or from such other persons as the Defence Council may think fit; or
  • (b) in the case where an association area falls within two or more local government areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in those local government areasor from such other persons as the Defence Council may think fit.
4

A scheme for the constitution of an association established for an area including Greater London shall provide for constituting the lord-lieutenant of Greater London or, failing him, such other person as the Defence Council may think fit, president of the association.

5

A scheme for the constitution of an association may provide—

  • (a) for the appointment as members of the association by the Defence Council, of representatives of universities whose activities are carried on wholly or partly within the area for which the association is established;
  • (b) for the appointment as members of the association by the Defence Council, of persons representing the Army Cadet Force, the Air Training Corps, the Combined Cadet Force and the Sea Cadet Corps;
  • (c) for the appointment as members of the association by the Defence Council, of persons representing employers in and persons employed in the area for which the association is established;
  • (d) for the appointment of co-opted members;
  • (e) for dividing the area for which the association is established into two or more parts and for establishing sub-associations for any of the parts and for delegating to a sub-association such of the powers and duties of the association as may be approved by the Defence Council and regulating the relations of a sub-association to the association and, where any association has established more than one sub-association, regulating the relations of one sub-association to another.
6

A scheme shall provide that of the chairman and vice-chairmen at least one shall be a naval or marine member of the association and at least one shall bea military member of the association and at least one an air force member of the association.

7

A scheme may contain any consequential, supplemental, or transitory provisions which may appear to be necessary or proper for the purposes of the scheme, and also as respects any matter for which provision may be made by regulations under this Act and for which it appears desirable to make special provision affecting the association established by the scheme.

8
  • (1) A scheme for the constitution of an association established for an area including or including any part of the counties of Kent and Sussex may provide that the Lord Warden of the Cinque Ports shall ex-officio be a member of the association.
  • (2) A scheme for the constitution of an association established for an area including or including any part of the counties of Devon and Cornwall may provide that the Warden of the Stannaries shall ex-officio be a member of the association.
  • (3) The Governor or Deputy Governor of the Isle of Wight shall ex-officio be a member of an association established for an area including the Isle of Wight.
  • (4) The Lord Mayor of the City of London shall ex-officio be president of a sub-association establishment for the City of London.
  • (5) In this Schedule—
  • air force member” means one who is a member or former member of Her Majesty’s air forces or who is specially qualified by his interest in and knowledge of matters relating to aviation;
  • county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994);
  • marine member”means one who is a member or former member of the Royal Marines or who is specially qualified by his interest in and knowledge of matters affecting the marine forces;
  • military member” means one who is a member or former member of Her Majesty’s military forces or who is specially qualified by his interest in and knowledge of military matters.
  • naval member”means one who is a member or former member of the Royal Navy or who is specially qualified by his interest in and knowledge of naval matters;

SCHEDULE 8

General

1

References in paragraph (b) of section 17(2) of the Interpretation Act 1978 to subordinate legislation made or other thing done under enactments repealed and re-enacted by this Act shall be construed as including references to subordinate legislation or other thing having effect as if made or done by virtue of—

  • (a) the Army Reserve Act 1950 section 29(4);
  • (b) the Air Force Reserve Act 1950 section 30(4);
  • (c) the Auxiliary Forces Act 1953 section 46(2).
2

Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of the Act had been in force when that period began to run.

3

The repeal of an enactment by this Act does not affect the operation of that enactment in relation to any offence committed before the commencement of the Act.

4

A conviction for an offence under an enactment repealed by this Act shall be treated for the purposes of the Act as a conviction for an offence under the corresponding provision of the Act.

Saving of amendments

5
  • (1) The amendments made—
  • (a) by section 23(6) of, and paragraph 32 of Schedule 1 to, the Reserve Forces Act 1966,
  • (b)
  • (2) The Royal Marine Forces Volunteer Reserve shall continue to be known as the Royal Marines Reserve, and references to that marine volunteer reserve in any enactment or instrument shall continue to be construed accordingly.
  • (3) In section 210(2)(b) of the Army Act 1955 the reference to actual service shall continue to be construed as including a reference to permanent service in the marine forces in pursuance of section 11(1) above.

Permanent service in naval and marine reserves

6

Any reference in any enactment to actual service under section 4 of the Royal Naval Reserve (Volunteer) Act 1859 shall be construed as a reference to permanent service in the naval or marine forces by virtue of section 10(1) above.

Militia storehouses

7
  • (1) Notwithstanding the repeal by this Act of section 4 of the Territorial Army and Militia Act 1921, any enactment repealed by that Act which related to militia storehouses shall continue to apply in relation to militia storehouses provided before the commencement of that Act as though that Act and this Act had not been passed.

In this sub-paragraph “militia storehouses” means any building or premises provided for keeping in them the arms, accoutrements, clothing and other stores belonging to any regiment, battalion or corps of militia, when not embodied.

  • (2) Any moneys—
  • (a) which have been paid to and invested by or shall be paid to the proper officer of a county council on account of the proceeds of the sale of any place provided for keeping militia stores, and
  • (b) which are not required for the purposes of the Militia Law Amendment Act 1854,

may be applied to any of the purposes to which money raised on the security of the county rate or stock is applicable or it may be invested in any security in which trustees may by law invest trust moneys, and the interest applied in aid of the county rate or stock, as shall be directed by the county council.

Enlistment in the Army Reserve or Royal Auxiliary Air Force prior to order or regulation under Auxiliary Forces Act 1953

8

Where a man—

  • (a) is a member of the Army Reserve or the Royal Auxiliary Air Force, and
  • (b) was enlisted before the date of any order or regulation under the Auxiliary Forces Act 1953,

nothing in any order or regulation made under any provision of that Act or made or having effect under a corresponding provision of this Act shall render him liable without his consent to be appointed, transferred or attached to any military or air force body to which he could not without his consent have been appointed, transferred or attached if that order or regulation had not been made.

Reserve of officers maintained under section 11(4) of Auxiliary Forces Act 1953

9

In relation to the Reserve Forces Act 1966—

  • (a) the provisions of section 3(2) of that Act (which abolished reserve divisions of the Territorial Regular Reserve ), and
  • (b) the repeal by that Act of section 11(7) of the Auxiliary Forces Act 1953,

do not affect any reserve of officers maintained in pursuance of that section 11(7) immediately before 9th August 1966, but any such reserve may be abolished by order of Her Majesty signified under the hand of the Secretary of State.

Transfers to reserve under Army Act and Air Force Act

10

In this Act—

  • (a) references to the Army Act 1955 in connection with transfers to the reserve include such transfers under the Army Act;
  • (b) references to the Air Force Act 1955 in connection with transfers to the reserve include such transfers under the Air Force Act.

Modifications of other enactments

11

Without prejudice to section 152(2) above—

  • (a) any reference in any enactment to, or to provisions which include, section 5 of the Army Reserve Act 1950 or section 5 of the Air Force Reserve Act 1950 or to a proclamation ordering the calling out of the Regular Reserve or the Air Force Reserve under those sections shall be construed respectively as, or as including, a reference to section 10 above or to an order authorising the calling out of the Regular Reserve or the Air Force Reserve under that section 10;
  • (b) any reference in any enactment to the embodying or disembodying of the Army Reserve or the Royal Auxiliary Air Force or any part or member of that reserve or force shall be construed—
  • (i) in relation to a member of the Army Reserve , as a reference to his being called into, or released from, service by virtue of section 10(1) or section 11(1) above;
  • (ii) in relation to a member of the Royal Auxiliary Air Force, as a reference to his being called into, or released from, service by virtue of section 10(1).
12

Notwithstanding the repeal by this Act of the references to—

  • (a) officers and men of the Royal Naval Volunteer Reserve, and
  • (b) officers and men of the Royal Naval Special Reserve,

in Schedule 1 to the Naval and Marine Reserves Pay Act 1957, those officers and men described in paragraphs (a) and (b) above shall be deemed to be among those described in subsection (2) of section 59 above for the purposes of that section.

The lieutenancies in England and Wales

13

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The lieutenancies in Scotland

14

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Permanent service call out of special class of Royal Fleet Reserve otherwise than under section 11

15
  • (1) Where section 11 above does not apply to a man of the special class of the Royal Fleet Reserve he is liable during the whole of his service in that class of the reserve to be called out for permanent service at any time when warlike operations are in preparation or in progress outside the United Kingdom (including the Channel Islands and the Isle of Man), but this sub-paragraph—
  • (a) does not make the man liable to serve for a period or periods exceeding 12 months in all without his written consent,
  • (b) is without prejudice to any liability imposed on the man by section 16(1) above,

and any exercise of the power under this sub-paragraph to call men out for permanent service shall be reported to Parliament forthwith.

  • (2) The provisions of sub-paragraph (1) above are in addition to, and not in substitution for, the provisions of any other enactment under which officers or men of—
  • (a) the Royal Naval Reserve and the Royal Fleet Reserve, and
  • (b) the Royal Marines Reserve,

are liable to be called out for permanent service.

Permanent service call out of Regular Reserve and Air Force Reserve otherwise than under section 11

16
  • (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) Where section 11 does not apply to a man—
  • (a) who enlisted in the regular forces within the meaning of the Army Act 1955 after 26th February 1964, and
  • (b) who was transferred to the Regular Reserve in pursuance of—
  • (i) the Army Act 1955, or
  • (ii) the Army and Air Force Act 1961, or
  • (iii) regulations under section 2 of the Armed Forces Act 1966, and
  • (c) who on his transfer was designated by the competent military authority as subject to this provision for a specified period not exceeding 3 years beginning with the beginning of his service in the Regular Reserve ,

he is liable to be called out for permanent service on overseas service at any time during that period.

  • (3) Where section 11 does not apply to a man of the Regular Reserve , that man, whether he entered the reserve—
  • (a) on transfer, or
  • (b) on re-engagement, or
  • (c) on being enlisted or on being deemed to be enlisted,

shall, if he has entered into a written agreement (which may be revoked by 3 months’ written notice) to be so liable at the time in question, be liable at any time during his service in that reserve to be called out for permanent service on overseas service.

This sub-paragraph is without prejudice to sub-paragraphs (1) and (2) above.

  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) Where section 11 does not apply to a man—
  • (a) who enlisted in the regular air force within the meaning of the Air Force Act 1955 after 26th February 1964, and
  • (b) who was transferred to the Air Force Reserve in pursuance of—
  • (i) the Air Force Act 1955, or
  • (ii) the Army and Air Force Act 1961, or
  • (iii) regulations under section 2 of the Armed Forces Act 1966, and
  • (c) who on his transfer was designated by the competent air force authority as subject to this provision for a specified period not exceeding 3 years beginning with the beginning of his service in the Air Force Reserve,

he is liable to be called out for permanent service on overseas service at any time during that period.

  • (6) Where section 11 does not apply to a man of the Air Force Reserve, that man, whether he entered the reserve—
  • (a) on transfer, or
  • (b) on re-engagement, or
  • (c) on being enlisted or on being deemed to be enlisted,

shall, if he has entered into a written agreement (which may be revoked by 3 months’ written notice) to be so liable at the time in question, be liable at any time during his service in that reserve to be called out for permanent service on overseas service.

This sub-paragraph is without prejudice to sub-paragraph (2) above.

  • (7) A man shall not without his written consent be liable to serve under sub-paragraphs (1) to (6) above for a period which, together with any previous period for which he was called out under any of those sub-paragraphs, exceeds 12 months.
  • (8) Any exercise of the power of calling out men under this paragraph shall be reported to Parliament forthwith.
  • (9) The number of men for the time being called out under any of the provisions of this paragraph shall not be reckoned in the numbers for the time being authorised by Parliament for the regular forces or for the regular air force regular army or for the Royal Air Force .
  • (10) In this paragraph “overseas service” means service when the men in question are required for service outside the United Kingdom when warlike operations are in preparation or progress; and the reference to the United Kingdom in this sub-paragraph shall be construed as if that expression included the Channel Islands and the Isle of Man.

Call out for training of Regular Reserve and Air Force Reserve otherwise than under section 38

17
  • (1) Where section 38 above does not apply to a man of the Regular Reserve he may be called out for annual training—
  • (a) at such time or times, and
  • (b) at such place or places within the United Kingdom, and
  • (c) for such period or periods,

as may be prescribed, but he is not liable to be called out under this sub-paragraph in any one year for more than 12 days or 20 drills.

  • (2) Such a man may, during any period of training for which he may be called out, be attached to and trained with any body of the regular or auxiliary forces.
  • (3) Where section 38 does not apply to a man of the Air Force Reserve he may be called out for annual training—
  • (a) at such time or times, and
  • (b) at such place or places within the United Kingdom, and
  • (c) for such period or periods,

as may be prescribed.

  • (4) The period or periods so prescribed shall not exceed in any one year—
  • (a) 24 days in the case of a man who is serving as a qualified pilot or as a qualified navigator;
  • (b) 6 months in the case of a man who is undergoing instruction with a view to his qualifying for service as a pilot or navigator;
  • (c) 12 days or 20 drills or instructional parades in the case of any other man.

In this sub-paragraph “navigator” includes “observer”, and “qualified” means qualified in accordance with orders or regulations made under the provisions of this Act relating to the Air Force Reserve.

  • (5) A man of the Air Force Reserve may, during any period of training for which he may be called out or which he may be required to undergo, be attached to and trained with any body of the regular or auxiliary air force.
  • (6) Sub-paragraphs (3) to (5) above are subject to the provisions of this Act relating to special reservists.

Call out for training of Army Reserve otherwise than under section 38

18
  • (1) Where section 38 above does not apply to a man of the Army Reserve —
  • (a) he shall during the first year of his original enlistment be subject to any requirements as to preliminary training provided for under section 40 above in the same way as a man of the Royal Auxiliary Air Force and he shall attend the number of drills and fulfil the other conditions prescribed for a recruit of his arm or branch of the Army Reserve accordingly;
  • (b) he shall by way of annual training be trained for not less than 8 or more than 15 days (or, for the mounted branch, 18 days) in every year at such times and at such places within the United Kingdom as may be prescribed, and may for that purpose be called out once or more often in every year.
  • (2) A man mentioned in sub-paragraph (1)(b) above shall (subject to the provisions of this paragraph) attend the number of drills and fulfil the other conditions relating to training prescribed for his arm or branch of the Army Reserve .
  • (3) The requirements of this paragraph as to annual training may be dispensed with in whole or in part—
  • (a) as respects any unit of the Army Reserve , by the prescribed general officer, and
  • (b) as respects an individual man of the Army Reserve , by his commanding officer subject to any general directions of the prescribed general officer.
  • (4) Her Majesty may by Order in Council made in relation to any man of the Army Reserve to whom this paragraph applies direct—
  • (a) that the period of annual training in any year shall be extended to such period not exceeding 30 days as may be specified in the Order; or
  • (b) that the period of annual training in any year shall be reduced to such period as to Her Majesty may seem fit, or
  • (c) that the annual training in any year shall be dispensed with.
  • (5) Nothing in this paragraph shall be construed as preventing a man with his own consent, in addition to any other training, being called up for the purpose of duty or instruction in accordance with orders and regulations under this Act relating to the Army Reserve .

Election for section 38 to apply

19

A person who immediately before 1st January 1967 was a man of the regular army or the regular air force may elect irrevocably in the prescribed manner that, on his becoming a member of the Regular Reserve or the Air Force Reserve, he shall be a person to whom section 38 above applies.

Section 12 of Social Security (Miscellaneous Provisions) Act 1977

20

Where section 12 of the Social Security (Miscellaneous Provisions) Act 1977 applied immediately before the commencement of this Act to any provision which is repealed and re-enacted by this Act that section continues to apply to that provision as so re-enacted as it applied immediately before that commencement.

SCHEDULE 9

Home Guard Act 1951

1

In section 2 of the Home Guard Act 1951 for " section 5(1) of the Reserve Forces Act 1966" substitute " section 10(1) of the Reserve Forces Act 1980 ".

Army Act 1955

2

In section 211 of the Army Act 1955—

  • (a) in subsection (4), for " the Army Reserve Act 1950, or the Auxiliary Forces Act, 1953," substitute " the Reserve Forces Act 1980 "; and
  • (b) in subsection (5), for " section 5(1) or section 6(1) of the Reserve Forces Act 1966" substitute " section 10(1) or section 11(1) of the Reserve Forces Act 1980 ".
3

In section 225(2) of the Army Act 1955—

  • (a) for " section 5 of the Reserve Forces Act 1966 " substitute " section 10 of the Reserve Forces Act 1980 " ; and
  • (b) for " section 6(1)(b) or (c) of the Army Reserve Act 1950 or section 6 of the Reserve Forces Act 1966 " substitute " section 11 of or paragraph 16(1) or (2) or (3) of Schedule 8 to the Reserve Forces Act 1980 ".
4

In paragraph 4A(8) of Schedule 7 to the Army Act 1955 for " section 10(1) of the Auxiliary and Reserve Forces Act 1949 " substitute " section 16(1) of the Reserve Forces Act 1980 ".

Air Force Act 1955

5

In section 210 of the Air Force Act 1955—

  • (a) in subsection (4) for "the Air Force Reserve Act, 1950, or the Auxiliary Forces Act, 1953," substitute " the Reserve Forces Act 1980 "; and
  • (b) in subsection (5), for " section 5(1) of the Reserve Forces Act 1966 " substitute " section 10(1) of the Reserve Forces Act 1980 ".
6

In section 223(2) of the Air Force Act 1955—

  • (a) for " section 5 of the Reserve Forces Act 1966 " substitute " section 10 of the Reserve Forces Act 1980 " ; and
  • (b) for "section 6(1 )(b) or (c) of the Air Force Reserve Act 1950 or section 6 of the Reserve Forces Act 1966 " substitute " section 11 of or paragraph 16(4) or (5) or (6) of Schedule 8 to the Reserve Forces Act 1980 ".
7

In section 111(4) of the Naval Discipline Act 1957, for " section sixteen of the Naval Volunteers Act 1853," substitute " section 30(1) of the Reserve Forces Act 1980 ".

London Government Act 1963

8

In section 84(3) of the London Government Act 1963—

  • (a) for " section 2 of the Auxiliary Forces Act 1953," substitute " section 121 of the Reserve Forces Act 1980 " ; and
  • (b) for " said Act of 1953 " substitute " said Act of 1980 ".

Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965

9

In paragraph 11A(3) of Schedule 1 to the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 for " the Auxiliary Forces Act 1953 " substitute " Part VI of the Reserve Forces Act 1980 ".

Armed Forces Act 1966

10

In section 4(9) of the Armed Forces Act 1966 for " section 10(1) of the Auxiliary and Reserve Forces Act 1949 " substitute " section 16(1) of the Reserve Forces Act 1980 ".

Pensions (Increase) Act 1971

11

In paragraph 37 of Part I of Schedule 2 to the Pensions (Increase) Act 1971 for " section 17(5) of the Reserve Forces Act 1966 " substitute " section 129 of the Reserve Forces Act 1980 ".

Housing (Financial Provisions) (Scotland) Act 1972

12

In paragraph 9(4) of Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph (a) of the definition of " special widow's pension ", for " the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969 " substitute " Part VII of the Reserve Forces Act 1980 or section 151 of that Act of 1980 ".

Housing Finance Act 1972

13

In paragraph 9(5) of Schedule 3 to the Housing Finance Act 1972, in paragraph (a) of the definition of " special widow's pension ". for " the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969 " substitute " Part VII of the Reserve Forces Act 1980 or section 151 of that Act of 1980 ".

Local Government (Scotland) Act 1973

14

In section 114(7), in paragraph (a) of the definition of " special widow's pension", for "the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969 " substitute " Part VII of the Reserve Forces Act 1980 or section 151 of that Act of 1980 ".

Trade Union and Labour Relations Act 1974

15

In paragraph 33(4) of Part IV of Schedule 1 to the Trade Union and Labour Relations Act 1974 for "Auxiliary Forces Act 1953 " substitute " Part VI of the Reserve Forces Act 1980 ".

Supplementary Benefits Act 1976

16

In paragraph 23(6)(a) of Part III of Schedule 1 to the Supplementary Benefits Act 1976, for " the Home Guard Act 1951 and the Ulster Defence Regiment Act 1969 " substitute " Part VII of the Reserve Forces Act 1980 and section 151 of that Act of 1980 ".

Employment Protection (Consolidation) Act 1978

17

In the Employment Protection (Consolidation) Act 1978—

  • (a) in section 138(3), and
  • (b) in paragraph 19(3) of Schedule 13,

for " the Auxiliary Forces Act 1953 " substitute " Part VI of the Reserve Forces Act 1980 ".

Pensioners' Payments and Social Security Act 1979

18

In section 2(2) of the Pensioners' Payments and Social Security Act 1979 in paragraph (a) of the definition of "war disablement pension", for "the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969 " substitute " Part VII of the Reserve Forces Act 1980 or section 151 of that Act of 1980 ".

ORDERS

Industrial Relations (Northern Ireland) Order 1976

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial Relations (No. 2) (Northern Ireland) Order 1976

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary Benefits (Northern Ireland) Order 1977

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

PART I — Repeal of Obsolete Enactments

PART II — Consequential Repeals

Royal Marines Reserve.

19A
  • (1) Where a man of the Regular Reserve is called out on permanent service at a time when he would apart from this section be entitled to be discharged he may be retained in service for such period as is mentioned below, and his service may be prolonged accordingly.
  • (2) No person shall be retained in service by virtue of this section later than the end of twelve months after the date on which apart from this section he would be entitled to be discharged.
  • (3) Subject to subsection (2) above, a person who apart from this section would be entitled to be discharged may be retained in service for such period as the competent military authority may order.
  • (4) If while a man of the Regular Reserve is being retained in service by virtue of this section it appears to the competent military authority that his services can be dispensed with, he is entitled to be discharged.
  • (5) Where, at the time at which under subsections (1) to (4) above a man of the Regular Reserve is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–
  • (a) he may, by declaration made in the prescribed form before his commanding officer, agree to continue in service while such a state of war exists, and
  • (b) if the competent military authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (4) above were a period continuing so long as a state of war exists;

but this is subject to subsection (6) below.

  • (6) If it is so specified in the declaration, he is entitled to be discharged at the end of three months’ notice given by him to his commanding officer.
  • (7) In subsections (3) to (5) above “the competent military authority” and “prescribed” have the same meaning as in Part I of the Army Act 1955.

In subsections (3) to (5)—

  • the competent military authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;
  • prescribed” means prescribed by regulations of the Defence Council.
  • (8) Subject to subsection (9) below, in subsection (1) above the reference to a man of the Regular Reserve being called out on permanent service is a reference to his being called out under an order made under–
  • (a) section 52 of the Reserve Forces Act 1996 (call out in the event of a national emergency, great danger or an actual or apprehended attack on the United Kingdom, the Channel Islands or the Isle of Man), or
  • (b) section 54 of the 1996 Act (call out because warlike operations are in preparation or in progress).
  • (9) In relation to a man of the Regular Reserve who enlisted in the Regular Reserve before 1st April 1967, the reference to a man of the Regular Reserve being called out on permanent service includes a reference to his being called out under an order under section 54 of the 1996 Act only if–
  • (a) he re-engaged in the Regular Reserve on or after that date, or
  • (b) he has made an irrevocable election to that effect in the prescribed manner.
21A
  • (1) Where a man of the Air Force Reserve is called out on permanent service at a time when he would apart from this section be entitled to be discharged he may be retained in service for such period as is mentioned below, and his service may be prolonged accordingly.
  • (2) No person shall be retained in service by virtue of this section later than the end of twelve months after the date on which apart from this section he would be entitled to be discharged.
  • (3) Subject to subsection (2) above, a person who apart from this section would be entitled to be discharged may be retained in service for such period as the competent air force authority may order.
  • (4) If while a man of the Air Force Reserve is being retained in service by virtue of this section it appears to the competent air force authority that his services can be dispensed with, he is entitled to be discharged.
  • (5) Where, at the time at which under subsections (1) to (4) above a man of the Air Force Reserve is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–
  • (a) he may, by declaration made in the prescribed form before his commanding officer, agree to continue in service while such a state of war exists, and
  • (b) if the competent air force authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (4) above were a period continuing so long as a state of war exists;

but this is subject to subsection (6) below.

  • (6) If it is so specified in the declaration, he is entitled to be discharged at the end of three months’ notice given by him to his commanding officer.
  • (7) In subsections (3) to (5)—
  • the competent air force authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;
  • prescribed” means prescribed by regulations of the Defence Council.
  • (8) Subject to subsection (9) below, in subsection (1) above the reference to a man of the Air Force Reserve being called out on permanent service is a reference to his being called out under an order made under–
  • (a) section 52 of the Reserve Forces Act 1996 (call out in the event of a national emergency, great danger or an actual or apprehended attack on the United Kingdom, the Channel Islands or the Isle of Man), or
  • (b) section 54 of the 1996 Act (call out because warlike operations are in preparation or in progress).
  • (9) In relation to a man of the Air Force Reserve who enlisted in the Air Force Reserve before 1st April 1967, the reference to a man of the Air Force Reserve being called out on permanent service includes a reference to his being called out under an order under section 54 of the 1996 Act only if–
  • (a) he re-engaged in the Air Force Reserve on or after that date, or
  • (b) he has made an irrevocable election to that effect in the prescribed manner.
25A

Section 62 of the Reserve Forces Act 1996 (power to exempt persons from or relax call-out liability) shall apply to persons liable to be called out by virtue of the enactments mentioned in section 26(2) below as if in section 62 for the words “this Part” in both places in which they appear there were substituted the words “the Reserve Forces Act 1980”

29A

The provisions of this Act relating to recall shall not apply to any person to whom section 66 of the Reserve Forces Act 1996 applies.

36A

For the avoidance of doubt, it is declared that Part X of the Reserve Forces Act 1996 (general offences) applies to a person liable to recall under section 30, 31 or 34 above as it applies to a person liable to recall under the Reserve Forces Act 1996.

42A

Section 23 of the Reserve Forces Act 1996 (power to exempt persons from or relax training obligations) shall apply to persons to whom this Act applies other than members of the Royal Naval Reserve or the Royal Fleet Reserve as if in section 23 for the words “section 22” wherever they appear there were substituted the words “the Reserve Forces Act 1980”.

SCHEDULE 10.

Editorial notes

[^c11524361]: Act wholly in force at 20.4.1980 see s. 158(4)

[^c11524371]: By Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 Pt. I paras. 1, 2 it is provided that in certain enactments including this Act for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution and for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution

[^c11524381]: Power to amend Act conferred (1.4.1996) by 1994 c. 19, s. 61(3) (with s.54(7)); S.I.1996/396, art. 4, Sch. 2

[^c11524391]: Act modified (1.4.1997) by 1996 c. 14, s. 128, Sch. 8 para. 4(5) ( with s. 72(5)): S.I. 1997/305, art. 2(1)

[^c11524401]: Act excluded (1.4.1997) by 1996 c. 14, s. 129(2) ( with s. 72(5)); 1997/305, art. 2(2)

[^c11524421]: S. 1 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524431]: S. 2 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524441]: s. 3 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524461]: S. 4 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524481]: S. 5 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524501]: S. 6 repealed (1.4.1997) by 1996 c. 14, ss. 128, 131(2), Sch. 8 para. 6, Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2(2)

[^c11524511]: S. 7 repealed (1.7.1992) by Army Act 1992 (c. 39), ss. 3(1), 5

[^c11524531]: S. 8 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524541]: S. 9 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524411]: Pt. I applied (1.4.1997) by 1996 c.14, ss. 128, 132(4), Sch. 8 para. 12 ( with s. 72(5)

[^c11524561]: S. 10(1)(2) substituted (1.4.1997) by S.I. 1997/306, art. 2(a)

[^c11524571]: Words in s. 10(4)(e) omitted (1.4.1997) by S.I. 1997/306, art. 2(b)

[^c11524581]: S. 10(4)(ea) inserted (1.4.1997) by S.I. 1997/306, art. 2(c)

[^c11524591]: S. 10(5) applied (with modifications) (1.7.1992) by Army Act 1992 (c. 39), ss. 3(2), 5

[^c11524651]: S. 11 substituted (1.4.1997) by S.I. 1997/306, art. 3

[^c11524681]: S. 12 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524691]: S. 13 repealed (1.4.1997 except so far as it relates to s. 13(2)-(4) the repeal of which is stillprosp.) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524721]: S. 14 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524731]: S. 15 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524741]: Words in s. 16(1) substituted (1.4.1997) by S.I. 1997/306, reg. 4(a)

[^c11524751]: S. 16(1A) inserted (1.4.1997) after subsection (1) by S.I. 1997/306, reg. 4(b)

[^c11524811]: S. 18 repealed (1.4.1997 except so far as it relates to s. 18(1)(2) the repeal of which is stillprosp.) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524821]: S. 18(1) substituted (1.4.1997) by S.I. 1997/306, art. 5(a)

[^c11524831]: S. 18(1A) inserted (1.4.1997) by S.I. 1997/306, art. 5(b)

[^c11524841]: 1955 c. 18.

[^c11524871]: S. 19(3)-(5) substituted for s. 19(3) (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 6

[^c11524901]: S.19A inserted (1.1.1999) by 1998/3086, reg. 11, Sch. para. 6

[^c11524931]: S. 20 repealed (1.4.1997 except so far as it relates to s. 20(1) the repeal of which isprosp.) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11524941]: S. 20(1) substituted (1.4.1997) by S.I. 1997/306, art. 7(a)

[^c11524951]: S. 20(1A) inserted (1.4.1997) by S.I. 1997/306, art. 7(b)

[^c11525001]: S. 21(3)-(5) substituted (1.1.1999) for s. 21(3) by S.I. 1998/3086, reg. 11, Sch. para. 7(1)

[^c11525031]: S. 21A inserted (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 7(2)

[^c11525061]: S. 22 substituted (1.4.1997) by S.I. 1997/306, art. 9

[^c11525091]: S. 23 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1977/305, art. 2

[^c11525181]: S. 25A inserted (1.4.1997) by S.I. 1997/306, reg. 10

[^c11525211]: S. 26 substituted (1.4.1997) by S.I. 1997/306, art. 11

[^c11525241]: S. 27 repealed (1.4.1997) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s.72(5)); S.I. 1997/305, art. 2

[^c11525251]: S. 28(1)(a) substituted (1.4.1997) by S.I. 1997/306, art. 12(1)(a)

[^c11525261]: Words substituted (1.4.1997) by S.I. 1997/306, art. 12(1)(b)

[^c11525321]: Words in s. 29(1) substituted (1.4.1997) by S.I. 1997/306, art. 13(a)(b)

[^c11525371]: S. 29A inserted (1.4.1997) by S.I. 1997/306, art. 14

[^c11525401]: S. 30 repealed (1.4.1997 except so far as relating to s. 30(1)(2) which repeal is stillprosp.) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s.72(5)); S.I. 1997/305, art. 2

[^c11525411]: S. 30(1)substituted (1.4.1997) by S.I. 1997/306, art. 15(2)

[^c11525421]: S. 30(1A) inserted (1.4.1997) by S.I. 1997/306, art. 15(3)

[^c11525541]: Words in s. 32(1) substituted (1.4.1997) by S.I. 1997/306, art. 16(2)

[^c11525551]: Words in s. 32(2) inserted (1.4.1997) by S.I. 1997/306, art. 16(3)

[^c11525561]: S. 32(4)(b) substituted (1.4.1997) by S.I. 1997/306, art. 16(4)

[^c11525571]: 1955 c. 18.

[^c11525581]: 1955 c. 19.

[^c11525591]: 1961 c. 52.

[^c11525601]: 1966 c. 45.

[^c11525691]: S. 33 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s.72(5)); S.I. 1997/305, art. 2

[^c11525761]: S. 34 repealed (1.4.1997 except for s. 34(1)-(3) the repeal of which is stillprosp.) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11525771]: Words in S. 34(1) substituted (1.4.1997) by S.I. 1997/306, art. 17(2)(a)

[^c11525781]: Words in S. 34(1) substituted (1.4.1997) by S.I. 1997/306, art. 17(2)(b)

[^c11525791]: 1966 c. 45.

[^c11525801]: 1955 c. 18.

[^c11525811]: S. 34(3)(b) substituted (1.4.1997) by S.I. 1997/306, art. 17(3)

[^c11525851]: S. 35 substituted (1.4.1997) by S.I. 1997/306, reg. 18

[^c11525891]: S. 36 substituted (1.4.1997) by S.I. 1997/306, reg. 19

[^c11525901]: Words in s. 36(3)(b) repealed (1.1.1999) by S.I. 1998/3086, reg. 12

[^c11525941]: S. 36A inserted (1.4.1997) by S.I. 1997/306, reg. 20

[^c11525971]: S. 37 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s.72(5)); S.I. 1997/305, art. 2

[^c11525991]: S. 39 repealed (1.4.1997 except for s. 39(1)(a)(b) the repeal of which is stillprosp.) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526041]: S. 41(1) modified (1.4.1997) by 1996 c. 14, S. 128, Sch. 8 para. 10; S.I. 1997/305 art. 2(1)

[^c11526081]: S. 42A inserted (1.4.1997) by S.I. 1997/306, reg. 21

[^c11526111]: S. 43 repealed (1.4.1997) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526151]: S. 45 repealed (1.4.1997) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526161]: S. 46 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526171]: Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6

[^c11526201]: S. 49 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526211]: S. 50(4) inserted (1.4.1997) by S.I. 1997/306, reg. 22

[^c11526241]: S. 51 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526251]: S. 52 repealed (1.4.97) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526261]: S. 53 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526271]: S. 54 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526281]: S. 56 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526301]: 1966 c. 45.

[^c11526411]: S. 59 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526421]: S. 60 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526431]: S. 61 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526441]: S. 62 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526461]: S. 64 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526471]: S. 65 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

[^c11526481]: S. 66 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

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