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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

articles Not indexed

Reform history JSON API

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

(8) An agreement under subsection (7) may not be entered into at any time—

(a) when the person concerned is not in service under the order; or

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

(c) more than 12 months before the day on which (disregarding the agreement) he is entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10).

(9) An extension by an agreement under subsection (7) shall prevent the person concerned becoming entitled to be released on the day on which, apart from the agreement, he would be entitled to be released under subsection (6) or, as the case may be, subsection (10); but such an agreement shall not prevent a man becoming entitled to be released by virtue of subsection (2).

(10) A person who has entered into an agreement under subsection (7) is entitled to be released at the end of the period specified in the agreement as the period for which his permanent service is being extended.

(11) 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 (6) shall apply as if for the words “3 years” there were substituted “ 5 years ”.

(12) The making of an order under subsection (11) shall be reported forthwith to each House of Parliament.

(13) In this section “relevant service”, in relation to a person in service under the order, means any permanent service under this Part, or Part IV, V or VII, in the 6 years immediately preceding the first day of his current service under the order.

Call out for warlike operations

54

(1) The Secretary of State may make an order under this section authorising the calling out of members of a reserve force if it appears to him that warlike operations are in preparation or progress.

(2) A call-out order under this section—

(a) shall specify a date, not more than 12 months from the day on which the order is made, on which the order is (unless an order under subsection (3) is made) to cease to authorise the call out of any person who is not in service under the order; and

(b) shall have effect (subject to paragraph (a) or to any order under subsection (3)) until it is revoked.

(3) The Secretary of State may, before the date specified in the call-out order under subsection (2)(a), make an order providing that a call-out order under this section shall cease to authorise the call out of any person who is not in service under the order.

(4) The restriction of the effect of a call-out order under this section—

(a) by an order under subsection (3), or

(b) by subsection (2)(a),

shall not affect the operation of any call-out notice served on any person before the day on which the order under subsection (3) is made or, as the case may be, the day specified in the call-out order.

(5) The Secretary of State may make an order revoking a call-out order under this section (whether or not its effect has been restricted as mentioned in subsection (4)).

(6) Where an order under subsection (5) revoking a call-out order is made—

(a) the call-out order shall cease to authorise the calling out of anyone who could otherwise be called out on the authority of that order (including anyone served with a call-out notice before the order under subsection (5) is made who has not been accepted into service); and

(b) any person in service under the call-out order shall be entitled to be released.

(7) The making of any call-out order under this section, or any order under subsection (3) or (5), shall be reported forthwith to each House of Parliament.

Maximum duration of service on call out under section 54

55

(1) This section applies for the purpose of determining when members of a reserve force (“the force”) who are in service under a call-out order made under section 54 (“the order”) are, if not released sooner, entitled to be released from that service.

(2) A man is entitled to be released on the expiry of his current term as a member of the force.

(3) The Defence Council or any authorised officer may, before a man who is in service under the order becomes entitled to be released by virtue of this section, postpone his entitlement to be released by virtue of subsection (2).

(4) A man’s entitlement to be released by virtue of subsection (2) may be postponed under subsection (3) more than once, but may not be postponed beyond the end of the period of 12 months beginning with the day on which (disregarding any postponement) that entitlement arises.

(5) A postponement of a man’s entitlement to be released by virtue of subsection (2) shall not prevent him becoming entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10).

(6) Any member of the force is entitled to be released when his current service under the order, or his current service under the order and any relevant service in aggregate, exceeds 12 months.

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

(a) the day on which he is entitled to be released by virtue of subsection (6), or

(b) the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released by virtue of subsection (10),

until the end of such period beginning with that day, not exceeding 6 months, as may be specified in the agreement.

(8) An agreement under subsection (7) may not be entered into at any time—

(a) when the person concerned is not in permanent service under the order; or

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

(c) more than 6 months before the day on which (disregarding the agreement) he is entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10).

(9) An extension by an agreement under subsection (7) shall prevent the person concerned becoming entitled to be released on the day on which, apart from the agreement, he would be entitled to be released under subsection (6) or, as the case may be, subsection (10); but such an agreement shall not prevent a man becoming entitled to be released by virtue of subsection (2).

(10) A person who has entered into an agreement under subsection (7) is entitled to be released at the end of the period specified in the agreement as the period for which his permanent service is being extended.

(11) 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 (6) shall apply as if for the words “12 months” there were substituted “ 2 years ”.

(12) The making of an order under subsection (11) shall be reported forthwith to each House of Parliament.

(13) In this section “relevant service”, in relation to a person in service under the order, means any permanent service under this Part, or Part IV, V or VII, in the 3 years immediately preceding the first day of his current service under the order.

Call out for certain operations

56

(1B) The Secretary of State may make an order under this section authorising the calling out of members of a reserve force if it appears to the Secretary of State that it is necessary or desirable to use members of a reserve force for any purpose for which members of the regular services may be used.

(2) A call-out order under this section—

(a) shall specify a date, not more than 12 months from the day on which the order is made, on which the order is (unless an order under subsection (3) is made) to cease to authorise the call out of any person who is not in service under the order; and

(b) shall have effect (subject to paragraph (a) or to any order under subsection (3)) until it is revoked.

(3) The Secretary of State may, before the date specified in the call-out order under subsection (2)(a), make an order providing that a call-out order under this section shall cease to authorise the call out of any person who is not in service under the order.

(4) The restriction of the effect of a call-out order under this section—

(a) by an order under subsection (3), or

(b) by subsection (2)(a),

(5) The Secretary of State may make an order revoking a call-out order under this section (whether or not its effect has been restricted as mentioned in subsection (4)).

(6) Where an order under subsection (5) revoking a call-out order is made—

(a) the call-out order shall cease to authorise the calling out of anyone who could otherwise be called out on the authority of that order (including anyone served with a call-out notice before the order under subsection (5) is made who has not been accepted into service); and

(b) any person in service under the call-out order shall be entitled to be released.

(7) The making of any call-out order under this section, or any order under subsection (3) or (5), shall be reported forthwith to each House of Parliament.

Maximum duration of service on call out under section 56

57

(1) This section applies for the purpose of determining when members of a reserve force (“the force”) who are in service under a call-out order made under section 56 (“the order”) are, if not released sooner, entitled to be released from that service.

(2) A man is entitled to be released on the expiry of his current term as a member of the force.

(3) The Defence Council or any authorised officer may, before a man who is in service under the order becomes entitled to be released by virtue of this section, postpone his entitlement to be released by virtue of subsection (2).

(4) A man’s entitlement to be released by virtue of subsection (2) may be postponed under subsection (3) more than once, but may not be postponed beyond the end of the period of 12 months beginning with the day on which (disregarding any postponement) that entitlement arises.

(5) A postponement of a man’s entitlement to be released by virtue of subsection (2) shall not prevent him becoming entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10).

(6) Any member of the force is entitled to be released when his current service under the order, or his current service under the order and any relevant service in aggregate, exceeds 12 months.

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

(a) the day on which he is entitled to be released by virtue of subsection (6), or

(b) the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released by virtue of subsection (10),

until the end of such period, not exceeding 6 months, as may be specified in the agreement.

(8) An agreement under subsection (7) may not be entered into at any time—

(a) when the person concerned is not in service under the order; or

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

(c) more than 6 months before the day on which (disregarding the agreement) he is entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10).

(9) An extension by an agreement under subsection (7) shall prevent the person concerned becoming entitled to be released on the day on which, apart from the agreement, he would be entitled to be released under subsection (6) or, as the case may be, subsection (10); but such an agreement shall not prevent a man becoming entitled to be released by virtue of subsection (2).

(10) A person who has entered into an agreement under subsection (7) is entitled to be released at the end of the period specified in the agreement as the period for which his permanent service is being extended.

(11) In this section “relevant service”, in relation to a person in service under the order, means any permanent service under this Part, or Part IV, V or VII, in the 3 years immediately preceding the first day of his current service under the order.

Call out of members of a reserve force

Call out of members of a reserve force on authority of call-out order

58

(1) Where a call-out order is in force authorising the call out of members of a reserve force, the Secretary of State may call out any member who is liable to be called out under 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 call-out 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 call-out notice served on a person shall specify—

(a) the person to whom it applies;

(b) the call-out order authorising the calling out of that person and the provision of this Part under which the order is made; and

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

(4) A call-out 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 call-out notice on him.

(5) A call-out notice served on a person on the authority of a call-out order shall (without affecting any liability arising from a failure to comply with the notice) cease to have effect, if not revoked sooner—

(a) when an order revoking the call-out order is made after the day on which the notice was served but before the time mentioned in paragraph (b); or

(b) when 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 restriction of the effect of a call-out order—

(a) by an order under section 52(3), 54(3) or 56(3) (as the case may be); or

(b) in the case of a call-out order under section 54 or 56, by subsection (2)(a) of that section,

shall not affect the power of the Secretary of State under subsection (4) of this section to vary a call-out notice served before the effect of the call-out order is so restricted.

(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;

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