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Reserve Forces Act 1996

Type Public General Act

Publication 1996-05-22

Last updated 2022-03-10

State In force

Department Statute Law Database

Source legislation.gov.uk

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(7) A notice under this section may be served on a person by delivering it to him or by leaving it at, or sending it by post to, his last known address; and any call-out or variation notice delivered to that address by registered post or recorded delivery shall be deemed to have been served on him.

(8) No steps may be taken against a person in respect of failure to comply with a call-out notice under this section unless the notice or, as the case may be, any variation notice was received by him or is deemed to have been served on him by virtue of subsection (7).

Acceptance into service under call-out order

59

(1) A person served with a call-out notice who—

(a) presents himself for service to an authorised officer at the time and place specified in the notice under section 58(3)(c);

(b) presents himself for service to an authorised officer at any other time or place; or

may be accepted into service by that officer.

(2) Where such a person is accepted into service, he shall be informed by the authorised officer in the prescribed manner that he has been accepted into service by virtue of subsection (1).

(3) If an authorised officer decides that such a person should not be accepted into service, he shall inform that person in the prescribed manner that he is not to be accepted into service in pursuance of the call-out notice concerned.

(4) Any liability of such a person arising from a failure to comply with a call-out notice is not affected by his acceptance into service or by a decision not to accept him into service.

(5) Where a call-out order is in force, any person who is liable to be called out under the order who—

(a) has not been served with a call-out notice; and

(b) presents himself for service to an authorised officer,

may be accepted into service under that call-out order by that officer.

(6) Where a person is accepted into service under a call-out order by virtue of subsection (5)—

(a) the authorised officer shall inform him in the prescribed manner that he has been accepted into service under that order by virtue of that subsection; and

(b) he shall be deemed to have been called out under this Part for service under that order.

Release from service under call-out order

60

(1) A person who has been accepted into service under a call-out order shall remain in that service until released under subsection (2).

(2) A person who is in service under a call-out order shall be released from that service with all convenient speed in such manner as may be prescribed when he is no longer required by Her Majesty to be in that service or (if not released sooner)—

(a) when he becomes entitled to be released by virtue of section 53, 55 or 57, as the case may be;

(b) when an order revoking that call-out order is made; or

(3) Orders or regulations under section 4 may make provision enabling or requiring a person who has been accepted into service under a call-out order to be treated—

(a) if the circumstances of his call out or acceptance into service are of a prescribed description, and

(b) for the purpose of calculating when he is entitled to be released by virtue of section 53, 55 or 57,

as having been accepted into service on an earlier day than that on which he was actually accepted.

(4) Provision made for the purposes of subsection (3) shall secure—

(a) that any earlier day applicable for the purpose of calculating when a person is entitled to be released from service is to be notified to him as soon as is practicable after the day on which he was actually accepted into service; and

(b) that the period beginning with the earlier day is reckoned as part of his relevant service for the purposes of section 53(13), 55(13), 57(11) and 69(8).

Alteration of authority for call out

61

(1) The Secretary of State may direct that—

(a) a person who is in service under a call-out order (“the original order”), or

(b) a person who is in service under Part IV,

shall cease serving under that order or that Part and, in either case, shall continue in permanent service on the authority of a call-out order specified in the direction (“the new order”).

(2) A call-out order may be specified in a direction under this section if it is in force on the day on which the direction is given and would, but for his being in permanent service already, authorise the calling out of the person concerned.

(3) A person in respect of whom a direction under this section is given—

(a) shall continue in permanent service after the direction is given as if he had been called out under the new order; and

(b) shall be deemed to have begun service under the new order at the time at which his service under the original order began (or is deemed under this subsection to have begun) or, as the case may be, his service under Part IV began.

(4) A direction under this section may be given in respect of two or more named persons or persons of a description specified in the direction.

(5) Any person in permanent service in respect of whom a direction under this section is given shall be informed of the effect of the direction as soon as is practicable after the direction is given.

Supplementary

Power to exempt persons from or relax call-out liability

62

(1) Orders or regulations under section 4 may provide for exempting any members of a reserve force, in such cases as may be prescribed, from liability to be called out under the authority of the provisions of this Part or, as the case may be, any of those provisions.

(2) Such orders or regulations may also provide for relaxing, in such cases as may be prescribed, the liability to be called out under the authority of the provisions of this Part or, as the case may be, any of those provisions.

Exercise of certain functions under section 58 or 61

63

(1) The Secretary of State may authorise—

(a) the Defence Council;

(b) any particular officers; or

to exercise any function of his under sections 58 and 61, subject to such limitations and conditions as may be so specified.

(2) An authorisation under subsection (1) above relating to the exercise of any function of the Secretary of State by the Defence Council shall (unless the authorisation provides otherwise) be deemed to permit the Defence Council to authorise—

(a) any particular officers; or

(b) any officers of a description determined by the Defence Council,

to exercise the function, subject to such limitations and conditions as may be so specified.

(3) Arrangements made under subsection (1) or (2) for the discharge of any function shall not prevent the exercise of the function by the Secretary of State or (in the case of arrangements under subsection (2)) the Defence Council.

Interpretation of Part VI

64

(1) In this Part—

(2) The powers under sections 52, 54 and 56 to make a call-out order are each to be interpreted as including power to do so in circumstances in which an order could also be made under another of those sections.

Part VII — Recall for service of officers and former servicemen

Liability to be recalled for service

Liability of officers and former servicemen to be recalled

65

(1) Persons to whom section 66 applies are liable, in accordance with this Part, to be recalled for service when any recall order which authorises their recall is in force.

(2) A person who is recalled for service as a man of any of the regular services shall, while in service under the recall order concerned, be deemed to be enlisted in the regular service concerned.

(3) A person who has been released or discharged from a period of service under a recall order may, subject to the provisions of this Act, be recalled again on the authority of the same or any other recall order.

(4) Any question whether a person may be recalled on the authority of a recall order shall be determined by reference to the circumstances at the time he is served with a recall notice or, if he is accepted into service under section 71(5), when he is accepted into service.

(5) The numbers of persons who are recalled for service under a recall order shall not be reckoned in any numbers for the time being authorised by Parliament for any of the regular services.

Persons who may be recalled under Part VII

66

(1) This section applies to any person not serving in the regular services or the reserve forces who—

(a) holds a commission as an officer; or

(b) has served as a man in the regular services and has not become an officer since being discharged or transferred to the reserve from the regular services,

unless he is excluded (whether permanently or temporarily) by any provision of this section.

(2) This section does not apply to any person falling within subsection (1)(b)—

(a) after he has attained the age of 55;

(b) in the case of a person who was discharged or transferred to the reserve from the regular army or the Royal Air Force, after the end of the period of 18 years beginning with the day on which he was so discharged or transferred; or

(c) in the case of a person who was discharged or transferred to the reserve from the Royal Navy or the Royal Marines, after the end of the period of 6 years beginning with the day on which he was so discharged or transferred.

(3) The re-enlistment of a person falling within subsection (1)(b) in the regular services shall prevent or, as the case may be, shall terminate any application of this section to him by reference to an earlier discharge or transfer to the reserve.

(4) References to discharge or transfer to the reserve in subsections (1) and (2)—

(a) do not include discharge from a period of permanent service under a recall order; and

(b) in relation to a man who has been discharged or transferred to the reserve more than once, refer to his most recent discharge or transfer.

(5) This section does not apply to any person who is permanently exempted, or to any person while he is temporarily exempted, from all liability to be recalled under this Part—

(a) by regulations made by virtue of section 73; or

(b) by an exemption granted on an application made under regulations under section 79.

(6) Subject to any election made under subsection (7), this section does not apply to any person who—

(a) became an officer before the day on which this Part comes into force, or

(b) enlisted in the regular services before that day and has not re-enlisted, re-engaged or extended his service in the regular services, or become an officer, on or after that day.

(7) A person falling within paragraph (a) or (b) of subsection (6) may, with the consent of an authorised officer, irrevocably elect in such manner as may be prescribed not to be excluded from the operation of this section by virtue of that subsection.

(8) An election under subsection (7) may be made by a person who is serving in the regular forces or the reserve forces as well as a person who is not so serving; and any election is without prejudice to the subsequent operation of subsections (1) to (5) in relation to the person concerned.

Geographical extent of liability to service on recall

67

(1) A person who is recalled shall, subject to the following provisions of this section, be liable to serve anywhere in the world.

(2) A person who, when he was last discharged or transferred to the reserve from the regular services, was liable only for service within the United Kingdom or any area of the United Kingdom, shall not be liable to serve outside the United Kingdom or, as the case may be, that area on being recalled.

(3) A person whose liability for service on recall is restricted as mentioned in subsection (2) may elect irrevocably in such manner as may be prescribed to be liable for worldwide service—

(a) whenever he is recalled for service;

(b) during any period of service (including a current period of service) under a recall order specified in the election.

(4) Subsection (2) shall not apply—

(a) to any person who makes an election under subsection (3)(a), or

(b) in relation to a period of service covered by the election, to a person who makes an election under subsection (3)(b).

(5) A person who is serving in the regular services or the reserve forces may make an election under subsection (3) before that service ceases.

Power to authorise recall

Recall for national danger, great emergency or attack on the UK

68

(1) Her Majesty may make an order authorising the recall under this Part of persons to whom section 66 applies—

(a) if it appears to Her that national danger is imminent or that a great emergency has arisen; or

(b) in the event of an actual or apprehended attack on the United Kingdom.

(2) A recall order authorises, subject to subsection (3), the recall of any person to whom section 66 applies or, if the order is so limited, any such person who is of a description specified in the order.

(3) A recall order does not authorise the recall of any person to whom section 66 applies who is not liable to be recalled under the order by virtue of regulations made by virtue of section 73 or an exemption granted on an application under regulations under section 79.

(4) A recall order shall have effect (subject to any order under subsection (5)) until it is revoked.

(5) Her Majesty may make an order providing that any recall order shall cease to authorise the recall of any person who is not in service under the order.

(6) An order under subsection (5) shall not affect the operation of any recall notice which is served on any person on the authority of the recall order concerned before the day on which the order under that subsection is made.

(7) Her Majesty may make an order revoking any recall order (whether or not its effect has already been limited by an order under subsection (5)).

(8) Where an order under subsection (7) revoking a recall order is made—

(a) the recall order shall cease to authorise the recall of anyone who could otherwise be recalled on the authority of the recall order (including anyone served with a recall notice before the order under subsection (7) is made who has not been accepted into service); and

(b) anyone in service under the recall order shall be entitled to be released or discharged from that service.

(9) A recall order, or an order under subsection (5) or (7), shall be signified under the hand of the Secretary of State and the making of any such order shall be reported forthwith to each House of Parliament.

(10) If, when a recall order is made, Parliament is separated by an adjournment or prorogation which will not expire within 5 days—

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

(b) Parliament shall meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or prorogued to that day.

Maximum duration of service on recall

69

(1) This section applies for the purpose of determining when persons in service under a recall order (“the recall order”) are entitled to be released from service (in the case of officers) or discharged (in the case of men).

(2) A person is (if not released or discharged sooner) entitled to be released from service or discharged when his current service under the recall order, or his current service and any relevant service in aggregate, exceeds 3 years.

(3) A person in service under the recall order may enter into a written agreement consenting to the extension of his period of service—

(a) beyond the day on which he is entitled to be released or discharged by virtue of subsection (2); or

(b) beyond the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released or discharged by virtue of subsection (5),

until the end of such period, not exceeding 12 months, as may be specified in the agreement.

(4) An agreement under subsection (3) may not be entered into at any time—

(a) when the person concerned could not be served with a recall notice on the authority of the order or any other recall order; or

(b) more than 12 months before the day on which (apart from the agreement) he is entitled to be released or discharged by virtue of subsection (2) or subsection (5).

(5) A person who has entered into an agreement under subsection (3)—

(a) shall no longer be entitled to be released or discharged on the day on which, apart from the agreement, he is so entitled by virtue of subsection (2) or, as the case may be, paragraph (b) of this subsection; and

(b) is entitled to be released from service or discharged at the end of the period specified in the agreement as the period for which his service is being extended.

(6) Her Majesty may by order signified under the hand of the Secretary of State provide that, in the case of such descriptions of person as may be specified in the order, subsection (2) shall apply as if for the words “3 years” there were substituted “ 5 years ”.

(7) The making of an order under subsection (6) shall be reported forthwith to each House of Parliament.

(8) In this section “relevant service” means any service under this Part, or under Part IV, V or VI, within the 6 years immediately preceding the day on which a person’s current service under the recall order began.

Recall for permanent service

Recall of persons on authority of recall order

70

(1) Where a recall order is in force, the Secretary of State may recall any person who is liable to be recalled on the authority of that order by serving a notice on him requiring him—

(a) to present himself for service at a specified time and place; and

(b) to remain at that place until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.

(2) A recall notice shall also require the person concerned, if he fails to comply with the requirements mentioned in subsection (1)—

(a) to present himself for service to any person specified in the notice or to any other authorised officer; and

(b) having so presented himself, to remain until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.

(3) A recall notice served on a person shall specify—

(a) the person to whom it applies;

(b) the recall order which authorises his recall; and

and it may also specify places and times at which and persons to whom that person may present himself for service if he fails to comply with the requirement to present himself at the time and place specified in paragraph (c) of this subsection.

(4) A recall notice served on a person may—

(a) be varied by the Secretary of State by serving a variation notice on him;

(b) be revoked by the Secretary of State by serving a revocation notice or a subsequent recall notice on him.

(5) A recall notice served on any person shall (without affecting any liability arising from a failure to comply with the notice) cease to have effect, if not revoked sooner, when—

(a) an order under section 68(7) is made; or

(b) the person concerned is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.

(6) The making of an order under section 68(5) shall not affect the power of the Secretary of State to vary a recall notice served before the order is made.

(7) A notice under this section may be served on a person by delivering it to him or by leaving it at, or sending it by post to, his last known address; and any recall or variation notice delivered to that address by registered post or recorded delivery shall be deemed to have been served on him.

(8) No steps may be taken against a person in respect of failure to comply with a recall notice under this section unless the notice or, as the case may be, any variation notice, was received by him or is deemed to have been served on him by virtue of subsection (7).

Acceptance into service under recall order

71

(1) A person served with a recall notice who—

(a) presents himself for service to an authorised officer at the time and place specified in the notice under section 70(3)(c);

(b) presents himself for service to an authorised officer at any other time or place; or

may be accepted into service by that officer.

(2) Where such a person is accepted into service, he shall be informed by the authorised officer in the prescribed manner that he has been accepted into service by virtue of subsection (1).

(3) If an authorised officer decides that such a person should not be accepted into service, he shall inform that person in the prescribed manner that he is not to be accepted into service in pursuance of the recall notice concerned.

(4) Any liability of such a person arising from a failure to comply with a recall notice is not affected by his acceptance into service or by a decision not to accept him into service.

(5) Where a recall order is in force, any person who is liable to be called out on the authority of the order who—

(a) has not been served with a recall notice; and

(b) presents himself for service to an authorised officer,

may be accepted into service under that recall order by that officer.

(6) Where a person is accepted into service under a recall order by virtue of subsection (5)—

(a) the authorised officer shall inform him in the prescribed manner that he has been accepted into service under that order by virtue of that subsection; and

(b) he shall be deemed to have been recalled for service under that order.

Release and discharge from service under recall order

72

(1) A person who has been accepted into service under a recall order shall remain in service until released from service or discharged.

(2) A person in service under a recall order shall be released or discharged with all convenient speed in such manner as may be prescribed when he is no longer required by Her Majesty to be in that service or (if not released or discharged sooner) when he is entitled to be released or discharged—

(a) by virtue of section 68(8) or 69; or

(b) by virtue of a determination granted on an application made under regulations under section 79.

(3) The Defence Council may by regulations make provision enabling or requiring a person in service under a recall order—

(a) if the circumstances of his recall or acceptance into service are of a prescribed description, and

(b) for the purpose of calculating when he is entitled to be released or discharged by virtue of section 69,

to be treated as having been accepted into service on an earlier day than that on which he was actually accepted.

(4) Provision made for the purposes of subsection (3) shall secure—

(a) that any earlier day applicable for the purpose of calculating when a person is entitled to be released or discharged is to be notified to him as soon as is practicable after the day on which he was actually accepted into service; and

(b) that the period beginning with the earlier day is reckoned as part of his relevant service for the purposes of sections 53(13), 55(13), 57(11) and 69(8).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Power to exempt persons from or relax recall liability

73

The Defence Council may by regulations make provision—

(a) securing that, in such cases as may be prescribed, persons otherwise liable to be recalled are exempt from that liability; and

(b) relaxing, in such cases as may be prescribed, the liability of any persons to be recalled.

Exercise of certain functions under section 70

74

(1) The Secretary of State may authorise—

(a) the Defence Council;

(b) any particular officers; or

to exercise any function of his under section 70, subject to such limitations and conditions as may be so specified.

(2) An authorisation under subsection (1) relating to the exercise of any function of the Secretary of State by the Defence Council shall (unless the authorisation provides otherwise) be deemed to permit the Defence Council to authorise—

(a) any particular officers; or

(b) any officers of a description determined by the Defence Council,

to exercise the function, subject to such limitations and conditions as may be so specified.

(3) Arrangements made under subsection (1) or (2) for the discharge of any function shall not prevent the exercise of the function by the Secretary of State or (in the case of arrangements under subsection (2)) the Defence Council.

Power to require information

75

(1) The Secretary of State may, for the purposes of carrying this Part into effect, make regulations requiring any person not serving in the regular services or the reserve forces who falls within paragraph (a) or (b) of section 66(1), to provide such information as may be specified in the regulations.

(2) The regulations shall secure that a person who falls within subsection (1)(b) of section 66 is under no obligation to provide information after he ceases to be a person to whom that section applies by virtue of subsection (2) of that section.

(3) Without prejudice to the generality of subsection (1), regulations under this section may include provision as to the manner in which, the times when and any person to whom specified information is to be provided.

(4) Any person who fails without reasonable excuse to comply with regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Any person who, in providing information required by regulations under this section, knowingly or recklessly makes a statement false in any material particular is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(6) Proceedings against any person for an offence under this section may be taken at any place at which he is for the time being.

(7) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Recall not to affect service pensions

76

Where a person to or in respect of whom a service pension is payable has been accepted into service under a recall order—

(a) any pay or other emoluments to which he is entitled in respect of his service on recall shall not be reduced by reason of the service pension;

(b) the service pension shall not be withheld or reduced by reason of any such pay or emoluments.

Interpretation of Part VII

77

(1) In this Part—

(2) Regulations made by the Defence Council under this Part may include incidental or supplementary provision and shall be laid before each House of Parliament after being made.

Part VIII — Schemes for Exemption and Financial Assistance

Individual exemptions etc. from call out or recall

Individual exemptions etc. from call out

78

(1) The Secretary of State may by regulations make provision enabling a person liable to be called out, or any employer of such a person, to apply for any deferral, revocation, entitlement to release or exemption which, under the regulations, may be granted to the person by or in respect of whom such an application is made.

(2) The regulations may provide for applications to be made by or in respect of a person—

(a) after the service on him of a call-out notice (“the original notice”) but before he is accepted into service;

(b) after he has been accepted into service.

(3) The regulations may provide, in relation to an application made before a person is accepted into service, for the following to be available—

(a) the deferral of his obligation to present himself for service in pursuance of the original notice;

(b) the revocation of the original notice;

(c) if the original notice was served under Part IV, an exemption from liability to be called out under that Part or Part VI;

(d) if the original notice was served under Part V, an exemption from liability to be called out under that Part;

(e) if the original notice was served under Part VI, an exemption from liability to be called out on the authority of—

(i) the call-out order specified in that notice,

(ii) any other call-out order made under the provision of Part VI so specified,

(iii) any call-out order made under any provision of Part VI;

(f) if the original notice was served under Part VI and the person concerned has entered into a special agreement, an exemption from liability to be called out under Part IV.

(4) The regulations may provide, in relation to an application made after a person has been accepted into service, for the following to be available—

(a) a determination that he is entitled to be released from his current period of service;

(b) if he is serving under Part IV, an exemption from liability to be called out under that Part or Part VI;

(d) if he is serving under Part VI, an exemption from any liability to be called out on the authority of—

(i) the call-out order under which he is currently serving,

(ii) any other call-out order made under the same provision of Part VI as the order under which he is currently serving,

(iii) any call-out order made under any provision of Part VI; or

(e) if a determination is given that he is entitled to be released from service under Part VI and provision such as is mentioned in section 80(2)(f) applies in his case, an exemption from liability to be called out under Part IV.

Individual exemptions etc. from recall

79

(1) The Secretary of State may by regulations make provision enabling any person liable to be recalled, or any employer of such a person, to apply for any deferral, revocation, entitlement to release or discharge or exemption which, under the regulations, may be granted to the person by or in respect of whom such an application is made.

(2) Regulations under this section may provide for applications to be made by or in respect of a person—

(a) after the service on him of a recall notice (“the original notice”) but before he is accepted into service; or

(b) after he has been accepted into service.

(3) The regulations may provide, in relation to an application made before a person is accepted into service, for the following to be available—

(a) the deferral of his obligation to present himself for service in pursuance of the original notice;

(b) the revocation of the original notice;

(c) an exemption from liability to be recalled on the authority of the recall order specified in the original notice or any other recall order.

(4) The regulations may provide, in relation to an application made after a person has been accepted into service, for the following to be available—

(a) a determination that he is entitled to be released from service or discharged;

(b) an exemption from liability to be recalled on the authority of the recall order under which he is currently serving or any other recall order.

(5) Regulations under this section may also make provision in relation to—

(a) persons liable to be recalled under the Reserve Forces Act 1980, or

(b) officers liable to be recalled otherwise than under this Act,

corresponding to the provision which may be made in relation to persons liable to be recalled under Part VII.

Effect of exemptions etc

80

(1) The regulations may provide for an application for deferral or revocation which is not determined before the person concerned is accepted into service to be treated as an application for a determination that he is entitled to be released or discharged.

(2) The regulations may provide—

(a) for the terms on which deferrals, revocations, determinations of entitlement to release or discharge and exemptions may be granted (including any limitations or conditions subject to which they may be granted);

(b) for determinations of entitlement to release or discharge and exemptions to take effect immediately or at such other time as may be specified in the determination or exemption;

(c) for deferrals or exemptions to lapse at such time, at the end of such period or on the occurrence of such event as may be specified in the deferral or exemption;

(d) for determinations of entitlement to release or discharge which do not take effect immediately to lapse as mentioned in paragraph (c);

(e) for persons released from service under Part IV in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(3) as if they had not been in that service and released;

(f) for persons released from service under Part VI in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(1)(d) as if they had not been in that service;

(g) for waiver of deferrals, determinations of entitlement to release or discharge and exemptions.

(3) The regulations shall secure that deferrals or exemptions, or any determinations mentioned in subsection (2)(d), do not remain in force for more than 12 months from the day on which they take effect.

Regulations under section 78 or 79: supplementary

81

(1) The regulations may, without prejudice to the generality of sections 78 to 80, make provision with respect to—

(a) the persons by whom applications of any description may be made and the grounds on which applications may be made;

(b) the persons who are to be regarded as employers for any purpose of the regulations;

(c) the procedure for making applications (including the times when they may be made and any information to be provided by the applicant);

(d) the determination of applications by any person or body identified by, or of a description specified in, the regulations;

(e) any matters to be taken into account in determining applications;

(f) the provision of information, in connection with any matter relevant to the lapse of a deferral, determination of entitlement to release or discharge or an exemption, by the person on whose application it was granted; and

(g) any incidental or supplementary matters.

(2) The persons who may be regarded under the regulations as the employer of a person in permanent service may include a former employer of that person who is, by virtue of the Reserve Forces (Safeguard of Employment) Act 1985, under an obligation to reinstate him at the end of his current period of permanent service.

(3) The regulations may make different provision for different cases and may, in particular, make different provision for cases where the regulations enable an application to be made by or in respect of a person who is in permanent service on call-out or recall—

(a) if he is serving under Part IV or a call-out order, after the making of an order under section 61 which extends the time at which he would (apart from the order) become entitled to be released from permanent service;

(b) if he is serving under a call-out order—

(i) after the making of an order under section 53(11) or 55(11) which extends the time at which he would (apart from the order) become entitled to be released from permanent service;

(ii) after the postponement under section 53(3), 55(3) or 57(3) of his entitlement to be released;

(c) if he is serving under a recall order, after the making of an order under section 69(6) which extends the time at which he would (apart from the order) become entitled to be released or discharged;

(d) after he has agreed under any provision of this Act to extend (or further extend) his period of permanent service;

but the regulations need not enable applications to be made in every case where a person is served with a call-out or recall notice or is in permanent service.

(4) Any person making an application under the regulations who is aggrieved by the determination of his application may appeal to a reserve forces appeal tribunal.

(5) Before making any regulations, the Secretary of State shall consult such bodies or persons as he considers appropriate, including—

(a) a body appearing to him to represent the interests of employers, a body appearing to him to represent the interests of employees and a body appearing to him to represent the interests of the self-employed; and

(b) the associations established under Part XI or a body appearing to him to represent those associations.

(6) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section and section 80 “regulations” means any regulations made under section 78 or 79.

Offences in connection with regulations under section 78 or 79

82

(1) Any person who fails without reasonable excuse to provide information, in connection with the lapse of a deferral, entitlement to be released or discharged or an exemption, which he is required to provide under regulations under section 78 or 79 is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(2) Any person who—

(a) in connection with an application under regulations under section 78 or 79, or

(b) in connection with the lapse of a deferral, determination of entitlement to release or discharge or an exemption granted under those regulations,

knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Financial assistance in respect of reserve forces

Payments to individuals in respect of call out or recall

83

(1) The Secretary of State may by regulations provide for the making of payments by him to any persons in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to their being in permanent service under Part IV or Part V or under a call-out or recall order.

(2) The regulations may provide for payments to be made, in relation to any description of financial loss, towards the provision of pensions, allowances or gratuities to or in respect of a person making a claim.

(3) The regulations may, in relation to any payments to be made as mentioned in subsection (2)—

(a) provide for any such payments to be made to any person of a prescribed description;

(b) require such a person to accept such payments (notwithstanding anything which would otherwise prevent him from doing so) on such terms as may be determined by or under the regulations; and

(c) require persons of any such description to provide information in connection with claims for such payments or, where payments have been made to them, in connection with the use made of the money.

(4) A person making a claim under the regulations who is dissatisfied with the determination of his claim may appeal against the determination to a reserve forces appeal tribunal.

Payments to employers etc. in respect of call out or recall

84

(1) The Secretary of State may by regulations provide for the making of payments by him to employers (including employers who are self-employed) in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to any of their employees being in permanent service under Part IV or Part V or under a call-out or recall order.

(2) Regulations under this section may also provide for the making of payments by the Secretary of State to the partners of a person carrying on business in partnership in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to that person being in permanent service under Part IV or Part V or under a call-out or recall order.

(3) A person making a claim under regulations under this section who is dissatisfied with the determination of his claim may appeal against the determination to a reserve forces appeal tribunal.

Regulations under section 83 or 84: supplementary

85

(1) Regulations under section 83, 84 or 84A (“the regulations”) may, in particular, make provision with respect to—

(a) the descriptions of persons who are entitled to claim payments ...;

(aa) in the case of regulations under section 83 or 84, the descriptions of the kinds of financial loss for which claims can be made;

(ab) in the case of regulations under section 84A, the descriptions of the kinds of training and other voluntary duties for which claims can be made;

(b) the matters in respect of which, and any circumstances in which, persons are or are not entitled to any payment;

(d) the procedure for making claims (including the time within which claims must be made and the information to be provided by persons making claims);

(e) in the case of regulations under section 83, the provision of information by persons in connection with claims made by their employees or former employees;

(f) in the case of regulations under section 84 or 84A, the provision of information by persons in respect of whom claims are made;

(g) the determination of claims by any person or body identified by, or of a description specified in, the regulations;

(h) any incidental or supplementary matters.

(2) The regulations may make different provision for different cases (but need not require payments to be made in all cases or for all losses , permanent service, training or other voluntary duties).

(3) Before making any regulations under section 83, 84 or 84A the Secretary of State shall consult such persons or bodies as he considers to be appropriate, including—

(a) a body appearing to him to represent the interests of employers, a body appearing to him to represent the interests of employees and a body appearing to him to represent the interests of the self-employed; and

(b) the associations established under Part XI or a body appearing to him to represent those associations.

(3A) A payment that has been made, or may be made, under regulations under section 84A is not to be taken into account when calculating a financial loss for the purposes of regulations under section 84.

(4) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations under section 83 or 84 may also make provision for claims by or in respect of—

(a) persons recalled under the Reserve Forces Act 1980, or

(b) officers recalled otherwise than under this Act,

corresponding to the provision which may be made for claims by or in respect of persons recalled under Part VII.

Power to suspend payments due to national danger or great emergency

86

(A1) Where a call-out order under section 52 is in force, the Secretary of State may by order suspend the operation of any regulations under section 83, 84 or 84A.

(1) Where ...a recall order under section 68 is in force, the Secretary of State may by order suspend the operation of any regulations under section 83 or 84.

(2) An order under this section may suspend the application of the regulations concerned in all cases or in such cases as may be specified in the order; and the effect of such an order is—

(a) to prevent any right to payments arising or (in relation to people who have already been called out or recalled or who are already undertaking training or performing other voluntary duties) accruing further under the suspended regulations in respect of the period during which the order is in force; and

(b) to suspend for that period any obligation of the Secretary of State to make payments under the suspended regulations in respect of earlier periods.

(3) An order under this section—

(a) shall be made for such period not exceeding 12 months as may be specified in the order; and

(b) may (if it has not otherwise expired) be revoked by the Secretary of State by order.

(4) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) An order revoking an order under this section shall be made by statutory instrument and shall be laid before each House of Parliament after being made.

Offences in connection with claims for payments

87

(1) Any person who, in connection with a claim by another person under regulations under section 83, 84 or 84A, fails without reasonable excuse to provide information which he is required to provide by the regulations is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(2) Any person who, in connection with a claim under regulations under section 83, 84 or 84A, knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence and liable, on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Part IX — Reserve forces appeal tribunals

The reserve forces appeal tribunals

88

(1) Tribunals to be known as reserve forces appeal tribunals (referred to in this Part as “appeal tribunals”) may be constituted for the purpose of exercising the jurisdiction mentioned in section 89.

(2) Such number of appeal tribunals shall be constituted, sitting at such times and such places, as the Secretary of State may from time to time determine.

(3) The Secretary of State may make available such officers and staff as he may consider necessary for carrying out the administrative work of appeal tribunals.

Jurisdiction and powers of appeal tribunals

89

(1) An appeal lies to an appeal tribunal by virtue of section 81(4) in respect of a determination of an application under regulations under section 78 or 79.

(2) An appeal lies to an appeal tribunal by virtue of sections 83(4), 84(3) and 84A(6) in respect of a determination of a claim under regulations under sections 83, 84 and 84A respectively.

(3) An appeal to an appeal tribunal shall be by way of a rehearing of the application or claim.

(4) An appeal tribunal hearing an appeal may dismiss the appeal or may make any determination which the person or body hearing the original application or claim had the power to make.

(5) The person or body responsible for making determinations under the regulations under which the application or claim was made shall (so far as may be necessary) give effect under those regulations to the determination of the appeal tribunal.

Appointment of panel of chairmen

90

(1) There shall be a panel of chairmen of reserve forces appeal tribunals appointed by the Lord Chancellor . . ..

(1A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.

(2) No person may be appointed to the panel unless he is—

(a) a person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990);

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 10 years’ standing.

(3) The appointment of a person to the panel shall be for such term as may be determined by the Lord Chancellor . . ..

(4) A member of the panel shall vacate his office on the day on which he attains the age of 75.

(5) There shall be paid to members of the panel such fees, allowances and expenses (if any) as the Secretary of State may determine.

Appointment of panel of ordinary members

91

(1) There shall be a panel of ordinary members of reserve forces appeal tribunals appointed by the Lord Chancellor . . ..

(2) Before appointing a member of the panel, the Lord Chancellor shall consult such persons or bodies as he considers to be appropriate, including—

(a) a body appearing to him to represent the interests of employers, a body appearing to him to represent the interests of employees and a body appearing to him to represent the interests of the self-employed; and

(b) the associations established under Part XI or a body appearing to him to represent those associations.

(2A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs.

(3) The appointment of a person to the panel shall be for such term as may be determined by the Lord Chancellor . . ..

(4) A member of the panel shall vacate his office on the day on which he attains the age of 75.

(5) There shall be paid to members of the panel such fees, allowances and expenses (if any) as the Secretary of State may determine.

Membership of tribunals etc

92

(1) An appeal tribunal shall consist of a chairman and two other members selected in accordance with subsection (2) from the appropriate panel appointed under section 90 or 91.

(2) The chairman and other members are to be selected as follows—

(a) in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b) in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session;

(c) in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.

(3) Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters.

(4) The officer is to be appointed as follows—

(a) in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b) in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session;

(c) in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.

General power to make rules

93

(1) The Secretary of State may make rules with respect to the practice and procedure to be followed on appeals to appeal tribunals.

(2) Rules under this section may, in particular, include provision—

(a) limiting the time within which appeals may be brought;

(b) specifying the parties to any proceedings;

(d) requiring persons to produce documents, to attend to give evidence, and to give evidence on oath;

(e) as to the payment of expenses and allowances to persons producing documents or attending to give evidence;

(f) enabling or requiring proceedings to be held in private;

(g) as to the person who may represent the parties; and

(h) as to the award and recovery of costs.

(3) No person shall be required by any rules under this section to give any evidence or produce any document or other material at a hearing held by an appeal tribunal which he could not be compelled to give or produce in civil proceedings in any court in that part of the United Kingdom in which the hearing takes place.

(4) Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Offences in connection with appeals

94

(1) Any person who, in connection with an appeal to an appeal tribunal, knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence.

(2) Any person who without reasonable excuse—

(a) fails to provide information in connection with an appeal to an appeal tribunal which he is required to provide by rules under section 93; or

(b) fails to attend an appeal tribunal when required to do so by rules under that section,

is guilty of an offence.

(3) Any person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Part X — General Offences

Offences against good order and discipline

Offences against orders and regulations under section 4

95

(1) A member of a reserve force who—

(a) when required by or in pursuance of orders or regulations under section 4 to attend at any place, fails without reasonable excuse to attend in accordance with the requirement;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) by any fraudulent means obtains or is an accessory to the obtaining of any pay or other sum contrary to orders or regulations under section 4;

(d) knowingly or recklessly makes a statement false in any material particular in giving any information required by orders or regulations under section 4; or

(e) fails without reasonable excuse to comply with orders or regulations under section 4,

is guilty of an offence ....

(1A) A member of a reserve force (“A”) commits an offence if—

(a) a superior officer (“B”), in pursuance of orders or regulations under section 4, is acting in the execution of his office;

(b) A's behaviour towards B is threatening or disrespectful; and

(1B) For the purposes of subsection (1A)—

(a) “superior officer” has the same meaning as in the Armed Forces Act 2006;

(b) section 11(3) of that Act (meaning of “behaviour” and “threatening”) applies.

(1C) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

(2) A person guilty of an offence under this section is liable—

(a) on conviction by the Court Martial—

(i) in the case of an offence under subsection (1)(a) or (e) or (1A), to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006;

(ii) in the case of an offence under subsection (1)(c) or (d), to any punishment mentioned in that Table, but any sentence of imprisonment ... imposed in respect of the offence must not exceed 51 weeks;

(b) on summary conviction by a civil court—

(i) in the case of an offence under subsection (1)(a)... or (e) or (1A), to a fine not exceeding level 3 on the standard scale; and

(ii) in the case of an offence under subsection (1)(c) or (d), to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(2A) For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 applies (ex-servicemen etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

(3) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, subsection (2)(a)(ii) has effect as if the reference to 51 weeks were to 6 months.

Desertion and absence without leave from service, duty or training

Failure to attend for service on call out or recall

96

(1) A member of a reserve force served with a call-out notice under any provision of this Act who, without leave lawfully granted or reasonable excuse—

(a) fails to present himself for service at the time and place specified in the call-out notice under section 32(3)(b), 43(4)(b) or 58(3)(c) (as the case may be);

(b) having so presented himself, fails to remain there until accepted into service or informed that he is not to be accepted into service in pursuance of that notice; or

(i) to present himself to a person specified in the call-out notice or to any other authorised officer; or

(ii) having so presented himself, to remain until accepted into service or informed that he is not to be accepted into service in pursuance of that notice,

is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him).

(2) Subsection (1) applies to a person liable to recall as it applies to a member of a reserve force—

(a) with the substitution for references to a call-out notice of references to a recall notice; and

(b) as if paragraph (a) of that subsection referred to the time and place specified in the recall notice under section 70(3)(c).

(3) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

Failure to attend for duty or training

97

(1) A member of a reserve force who has entered into a full-time service commitment or an additional duties commitment and, without leave lawfully granted or reasonable excuse, fails to appear at the time and place at which he is required to attend—

(a) in the case of a full-time service commitment, to begin the period of full-time service contemplated by the commitment;

(b) in the case of an additional duties commitment, to begin a period of service under the commitment,

is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him).

(2) A member of a reserve force who—

(a) is required to undergo a period of training in accordance with section 22, a special agreement or an employee agreement (or any other requirement applicable to special members), and

(b) fails, without leave lawfully granted or reasonable excuse, to appear at any time and place at which he is required to attend,

is guilty of absence without leave.

(3) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

Punishment etc. of offences of desertion or absence without leave

98

(1) An offence under section 8 or 9 of the Armed Forces Act 2006 (offences under service law of desertion or absence without leave) committed by a member of a reserve force is triable summarily by a civil court (as well as being triable by the Court Martial).

(2) A member of a reserve force convicted by the Court Martial of an offence under section 96(1) or 97(1) is punishable as for an offence under section 8 or 9 (as the case may be) of the Armed Forces Act 2006.

(3) A member of a reserve force convicted by a civil court of—

(a) an offence under section 96(1) or 97(1), or

(b) an offence under section 8 or 9 of the Armed Forces Act 2006,

is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(4) A person convicted of an offence under section 97(2) is liable—

(a) if convicted by the Court Martial, to the same punishment as for an offence under section 9 of the Armed Forces Act 2006;

(b) if convicted by a civil court, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a member of a reserve force or a person liable to recall is convicted of an offence of desertion, the time which elapsed between the time of his desertion and the time of his apprehension or voluntary surrender shall not be taken into account in reckoning his service for the purpose of release from permanent service or discharge.

(7) Orders or regulations under section 4 may include provision for enabling a determination to be made in prescribed circumstances that subsection (6) is to cease to have effect in relation to a period of time or a part of a period of time.

False pretence of illegal absence

99

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

Treatment of deserters etc

100

(1) Schedule 2 (arrest and subsequent treatment of suspected deserters or absentees without leave from the reserve forces) shall have effect.

(2) Schedule 2 shall apply to a person liable to recall who is a suspected deserter or absentee without leave by virtue of this Part and is not otherwise subject to service law as it applies to a member of a reserve force.

(3) The delivery under that Schedule of a member of a reserve force or a person liable to recall into military, air-force or naval custody, or the committal of any such person for the purpose of being so delivered, shall not prevent his subsequently being tried summarily in accordance with this Part.

Inducing a person to desert or absent himself

101

(1) A person who, in the United Kingdom or elsewhere, by any means—

(a) procures or persuades, or attempts to procure or persuade, a member of a reserve force to commit an offence of desertion or absence without leave;

(b) knowing that a member of a reserve force is about to commit such an offence, aids or assists him in so doing; or

(c) knowing a member of a reserve force to be a deserter or an absentee without leave, procures or persuades or assists him to remain a deserter or absentee, or assists in his rescue from custody,

is guilty of an offence.

(2) A person who—

(a) procures or persuades, or attempts to procure or persuade, a person liable to recall to commit an offence of desertion or absence without leave;

(b) knowing that such a person is about to commit such an offence, aids or assists him in so doing; or

(c) knowing a person liable to recall to be a deserter or absentee without leave, procures or persuades or assists him to remain a deserter or absentee, or assists in his rescue from custody,

is guilty of an offence.

(3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction—

(a) in the case of an offence involving an offence of desertion or a deserter, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both); and

(b) in the case of an offence of absence without leave or an absentee without leave, to a fine not exceeding level 5 on the standard scale.

Record of illegal absence

102

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

General

Trial of offences as offences under service law

103

(1) Any offence which is by virtue of this Part triable by court-martial shall for all purposes of and incidental to the arrest, trial and punishment of the offender (including the summary disposal of the case by an officer having power to deal with the case) be deemed to be an offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, as the case may require.

(2) References in those Acts to forfeitures and stoppages shall be construed in relation to any such offence as references to such forfeitures and stoppages as may be prescribed.

Jurisdiction of civil courts

104

(1) A civil court in the United Kingdom with jurisdiction in the place where a person is for the time being shall have jurisdiction to try him for any offence under this Part which is triable by such a court.

(2) Subsection (1) applies notwithstanding that the alleged offence was committed outside the jurisdiction of the court, except that where it was committed in any part of the United Kingdom it shall be triable only by a court in that part of the United Kingdom.

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

Trial of offences by civil court

105

(1) Any offence to which this section applies is (as well as being triable by the Court Martial) triable summarily by a civil court and punishable with imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

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

(3) This section applies to any service offence (other than an offence under this Act or an offence mentioned in section 98(1)) committed by a member of a reserve force when not in permanent service under Part IV or Part V or under a call-out order.

Offences triable by court-martial or civil court

106

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

Time for institution of proceedings

107

(1) Proceedings against a person before ...

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a civil court,

in respect of an offence under this Act or a service offence and alleged to have been committed by him during his period of service in a reserve force may be instituted whether or not he has ceased to be a member of that reserve force.

(2) Such proceedings may, notwithstanding anything in any other enactment, be instituted at any time within 2 months after—

(a) the time at which the offence becomes known to his commanding officer; or

(b) the time at which he is apprehended,

whichever is later.

(3) Subsection (2) applies to proceedings for an offence under section 96(1) committed by a person liable to recall as it applies to proceedings mentioned in subsection (1) of this section.

Evidence

108

(1A) The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act.

(1B) Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Where by virtue of any provision of this Act a document is admissible in evidence or is evidence of any matter stated in it in proceedings before a civil court in England and Wales, it shall be sufficient evidence of the matter so stated in such proceedings in Scotland.

Meaning of “civil court”

109

In this Part a reference to a civil court shall be construed as a reference—

(a) in England and Wales, to a magistrates’ court;

(b) in Scotland, to the sheriff sitting as a court of summary jurisdiction; and

Part XI — Reserve Associations

Establishment of associations for areas in the UK

110

(1) A territorial, auxiliary and volunteer reserve association (in this Part referred to as an “association”) may be established for any area in the United Kingdom determined by the Defence Council.

(2) If the Defence Council alters the areas into which the United Kingdom has for the time being been divided for the purposes of subsection (1), the Defence Council may by order alter the area for which an existing association is established.

(3) An order under subsection (2)—

(a) may make supplemental, incidental and transitional provision (including provision as respects the transfer of property, rights and liabilities and financial adjustments); and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section “the United Kingdom” includes the Channel Islands and the Isle of Man.

Constitution of associations

111

(1) An association shall be constituted, and its members shall be appointed and hold office, in accordance with a scheme made by the Defence Council.

(2) Schedule 4 (schemes made under subsection (1)) shall have effect.

(3) The Secretary of State may by order make such modifications (whether by way of addition, substitution or otherwise) to Schedule 4 as he considers appropriate.

(4) An order under subsection (3)—

(a) may contain such supplemental, incidental and transitional provision as the Secretary of State considers appropriate; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General duties of associations

112

(1) It shall be the duty of an association to make itself acquainted with, and conform to, the plan of the Defence Council for the organisation within the area for which the association is established of—

(a) Her Majesty’s land and air forces; and

(b) the reserve naval and marine forces in so far as the plan relates to matters with respect to which functions are conferred on the association under section 113(1).

(2) It shall also be the duty of an association to give advice and assistance in relation to the military and air-force resources and capabilities of the area for which the association is established to the Defence Council and to such officers as the Defence Council may direct.

(3) The advice and assistance which an association may be required to give under subsection (2) includes advice or assistance relating to any matter in connection with—

(a) local support for, or for the activities of, Her Majesty’s land and air forces, the reserve naval and marine forces and the cadet forces mentioned in section 113(1)(c); and

(b) the availability of financial and material assistance (including land and buildings) for any activity or requirement of those forces or for any other defence purpose,

which the association is requested to provide by the Defence Council or any officer mentioned in subsection (2).

Powers and duties assignable to associations

113

(1) An association shall have such powers and duties connected with the organisation and administration of—

(a) Her Majesty’s land and air forces;

(b) the reserve naval and marine forces; or

as may for the time being be transferred or assigned to it by order of Her Majesty signified under the hand of the Secretary of State or, subject to such an order, by regulations under this Part.

(2) The powers and duties which may be so transferred or assigned include any powers conferred on or vested in Her Majesty, and any powers or duties conferred or imposed on the Defence Council or the Secretary of State, by statute or otherwise, and in particular respecting the following matters—

(a) the organisation of the units of the Army Reserve and the Royal Auxiliary Air Force and their administration (including maintenance) at all times other than when training or on duty or when in permanent service;

(b) the recruiting of members for the volunteer reserve forces;

(c) the provision and maintenance of buildings, rifle ranges, magazines, sites of camps, aerodromes, landing grounds and hangars;

(d) facilitating the provision of areas to be used for manoeuvres;

(e) arranging with employers as to leave of absence for training, and ascertaining, after consultation with the representatives of the main employers in the area for which the association is established, the times of training which having regard to their businesses are best suited to the circumstances of civil life;

(f) establishing or assisting cadet units and also rifle and aviation clubs;

(g) the provision of transport for the peace-time requirements of the reserve forces;

(h) providing accommodation for the safe custody of arms or equipment;

(i) the supply of the requirements, when called out, of the units of the reserve forces within the area for which the association is established in so far as those requirements are directed by the Defence Council to be met locally;

(j) the welfare of members and former members of Her Majesty’s land and air forces and of members and former members of the reserve naval and marine forces.

(3) For the purposes of subsection (2)(i) the Defence Council shall make and issue to associations regulations specifying, so far as practicable, the requirements mentioned in that paragraph which are to be met locally.

(4) An association shall not have any powers of command or training over any part of Her Majesty’s forces.

(5) The members of an association shall not be under any pecuniary liability for any act done by them in their capacity as members in carrying out the provisions of this Part.

Expenses of associations

114

(1) The Defence Council shall pay to an association, out of money provided by Parliament, such sums as in the opinion of the Defence Council are required to meet the necessary expenditure incurred by the association.

(2) An association—

(a) shall annually at such time as may be specified in regulations under this Part; and

(b) may at any other time for any special purpose,

submit in such form and manner as may be so specified a statement of its necessary requirements to the Defence Council; and all payments under this section to an association shall be made upon the basis of such a statement, so far as approved by the Defence Council.

(3) Subject to regulations under this Part, any money paid to an association by the Defence Council shall be applicable to any of the purposes specified in the approved statements in accordance with which money has been granted and, except with the written consent of the Defence Council or an officer authorised by or in accordance with directions of the Defence Council for the purpose of giving consents, shall not be applicable otherwise.

(4) Nothing in this section shall be construed as enabling the Defence Council or an authorised officer to give consent to the application of money to any purpose to which, apart from this section, it could not lawfully be applied, or to give consent without the authority of the Treasury in any case in which, apart from this section, the authority of the Treasury would be required.

(5) All money received by an association otherwise than from the Defence Council (except such money, if any, as may be received by the association for specified purposes) shall be available for the purposes of any of the powers and duties of the association.

(6) The income from investments representing money originally received for the purposes of any of the reserve forces, or the cadet forces mentioned in section 113(1)(c), shall be applied only to that purpose, unless the Defence Council otherwise direct.

Accounts of associations

115

(1) An association shall cause its accounts to be made up and audited annually in such manner as may be specified in regulations under this Part.

(2) An association shall send copies of its accounts, together with any report of the auditors on them, to—

(a) the Defence Council; or

(b) such authority or person as may be directed by regulations under this Part.

Joint committees of associations

116

(1) Two or more associations may from time to time join in appointing from among their respective members a joint committee for any purpose in respect of which they are jointly interested.

(2) An association joining in appointing a joint committee under this section may delegate to it any power which such an association may exercise for the purpose for which the committee is appointed.

(3) Subject to the terms of delegation, a joint committee appointed under this section shall in respect of any matter delegated to it have the same power in all respects as the associations appointing it.

(4) The costs of such a joint committee shall be defrayed by the associations by whom it has been appointed in such proportion as may be agreed between them.

(5) The accounts of such joint committees and their officers shall for the purposes of this Part be deemed to be accounts of the associations appointing them and of their officers.

Regulations as to associations

117

(1) Regulations for carrying into effect the provisions of this Part as respects associations may be made by the Defence Council and such regulations may, in particular, provide for the following matters—

(a) for regulating the manner in which powers are to be exercised and duties performed by associations, and for specifying the services to which money paid by the Defence Council is to be applicable;

(b) for authorising and regulating the acquisition by or on behalf of associations of land for the purposes of this Part and the disposal of any land so acquired;

(d) for authorising the acceptance of any money or other property, and the taking over of any liability, by associations, and for regulating the administration of any money or property so acquired and the discharge of any liability so taken over;

(e) for facilitating the co-operation of an association with any other association or with any local authority or other body (whether by the constitution of joint committees or otherwise) and for the provision of assistance by one association to another;

(f) for affiliating cadet units, rifle and aviation clubs and other bodies to any of the reserve forces or any part of any such force;

(g) for or in respect of anything directed or authorised by any provision of this Part to be done or provided for by or in regulations or to be done in such manner as may be specified.

(2) Regulations under this section made for the purposes of section 114 or 115 shall be subject to the Treasury’s consent.

(3) Regulations under this section shall be laid before each House of Parliament after being made.

Compensation of displaced employees

118

(1) The Secretary of State may make regulations providing for the payment by the Secretary of State of compensation to, or in respect of, any person who in the Secretary of State’s opinion falls within subsection (2) or (3).

(2) A person falls within this subsection if he has ceased to be employed by an association established for the purposes of this Part, or has suffered a diminution in the emoluments of his employment by such an association, in consequence of—

(a) the winding-up of the association;

(b) any change in its activities or in the area for which it is established; or

(3) A person falls within this subsection if he—

(a) has ceased to be employed by the body known as the Council of Territorial, Auxiliary and Volunteer Reserve Associations; or

(b) has suffered a diminution in the emoluments of his employment by that body,

in consequence of the winding-up of associations established for the purposes of this Part or of changes in their activities or the areas for which they are established.

(4) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Winding-up of associations

119

(1) The Defence Council may make an order providing for the winding-up of an association.

(2) An order under subsection (1)—

(a) may make supplemental, incidental and transitional provision (including provision as respects the transfer of property, rights and liabilities and financial adjustments); and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part XII — Miscellaneous and General

Miscellaneous

Disbanding of units: charitable property

120

Schedule 5 (treatment of charitable property held for purposes of any body of a reserve force which has been, or is to be, disbanded or amalgamated with another body) shall have effect.

The lieutenancies

121

Safeguard of employment for members of reserve forces

122

(1) The Reserve Forces (Safeguard of Employment) Act 1985 shall be amended as follows.

(2) For subsection (1) of section 1 (obligation to reinstate) there shall be substituted the following subsections—

(1) This section applies to any person who is in permanent service under— (a) Part IV (special agreements for call out) or Part V (special members) of the Reserve Forces Act 1996; (b) a call-out order under Part VI of that Act (orders authorising general call out of members of reserve forces); or (c) a recall order under section 68 (recall of officers and former servicemen) of that Act. (1A) In this Act “whole-time service” means permanent service to which this section applies.

(3) For subsection (1) of section 17 (prohibition of dismissal for liability to whole-time service) there shall be substituted the following subsection—

(1) If the employer of a person who may be required to enter upon a period of whole-time service— (a) terminates that person’s employment without his consent at any time when he is not in that service, and (b) does so solely or mainly by reason of any duties or liabilities which that person may be liable to perform or discharge— (i) if required to report at any time or place with a view to entering into whole-time service; or (ii) if he enters upon a period of whole-time service, the employer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In section 20(1) (interpretation), for the definition of “whole-time service” there shall be substituted the following definition—

“whole-time service” has the meaning given by section 1(1A).

(5) For subsections (3) and (4) of section 20 (interpretation) there shall be substituted the following subsection—

(3) A period of whole time service shall not be regarded as having ceased by reason of any absence on leave (including sick leave or maternity leave) before release from service or discharge.

(6) The amendments made by this section do not affect the operation of the Reserve Forces (Safeguard of Employment) Act 1985 in its application to persons liable to be called out or recalled for permanent service under the Reserve Forces Act 1980 or officers liable to be called out or recalled otherwise than under this Act.

Billeting

123

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

Exemption from tolls etc

124

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

Absence for voting

125

No member of a reserve force shall be liable, when not in permanent service, to any penalty or punishment on account of his absence from duty in the United Kingdom for voting at—

(a) any election of a Member of Parliament a Member of the Scottish Parliament , a Member of the National Assembly for Wales, or a Member of the Northern Ireland Assembly, or

(b) any local election,

or going to or returning from such voting.

Postponement of transfer to the reserve or discharge of servicemen

126

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

General

Interpretation

127

(1) In this Act—

(2) Any reference in this Act to a member of a reserve force or a member of the reserve forces is to an officer in, or a man of, that force or any of those forces, as the case may be.

(3) The officer who is the “commanding officer” of a person for the purposes of any provision of this Act shall be determined by or under regulations made by the Defence Council under this subsection.

(4) Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.

Transitory provisions

128

Schedule 8 (transitory and transitional provisions relating to the organisation of the reserve forces as maintained under the Reserve Forces Act 1980) shall have effect.

Application of Act to persons currently serving in the reserve forces or regular services

129

(1) Schedule 9 shall have effect with respect to the application of this Act in relation to members of the reserve forces who are members of —

(a) the original transitional class (see Parts 1 and 2 of that Schedule), or

(b) the second transitional class (see Parts 3 and 4 of that Schedule).

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