Reserve Forces Act 1996

• (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

• (c) where he has for any reason failed to present himself at the time and place so specified or to remain there, fails —

• (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

• (c) in Northern Ireland, to a court of summary jurisdiction.

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

• (c) the Army Cadet Force, the Air Training Corps, the Combined Cadet Force and the Sea Cadet Corps,

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;

• (c) for authorising and regulating the borrowing of money by associations;

• (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

• (c) any proposal for such a winding-up or change.

• (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).

• (2) Nothing in the Reserve Forces Act 1980 shall apply to a member of a reserve force who is not a member of the original transitional class or, in the case of a person who is to be transferred to the reserve from the regular services, is not capable of becoming a member of the original transitional class.

• (3) In this Act— “the original transitional class”, in relation to members of the reserve forces, shall be construed in accordance with Part I of Schedule 9;

“the second transitional class”, in relation to members of the reserve forces, shall be construed in accordance with Part 3 of Schedule 9.

Power to make transitional, consequential etc. provisions

130

• (1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, in connection with, or in consequence of—

• (a) the coming into force of any provision of this Act; or

• (b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

• (2) Regulations under this section—

• (a) may make modifications of any enactment contained in this or in any other Act;

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

Consequential amendments and repeals

131

• (1) Schedule 10 (consequential amendments) shall have effect.

• (2) The enactments specified in Schedule 11 (which include some that are spent) are repealed to the extent specified.

Short title, extent and commencement

132

• (1) This Act may be cited as the Reserve Forces Act 1996.

• (2) This Act extends to Northern Ireland.

• (3) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to the Channel Islands and the Isle of Man.

• (4) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

SCHEDULE 1

Conditions for enlistment

1

• (1) An enlisting officer shall not enlist any person as a man in a reserve force unless he is satisfied that the person concerned has been given a notice under sub-paragraph (2), understands it and wishes to be enlisted.

• (2) A person offering to enlist shall be given a notice in such form as may be prescribed setting out the questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him and such other matters as may be prescribed.

• (3) The attestation paper to be used for the purpose of attesting recruits to a reserve force shall be in such form as may be prescribed.

2

• (1) An enlisting officer shall not enlist a person under the age of 18 unless consent to the enlistment has been given in writing by—

• (a) an appropriate person; or

• (b) if the person offering to enlist is living with more than one appropriate person, each of those appropriate persons.

• (1A) In this paragraph “appropriate person” means, in relation to a person offering to enlist, a person with—

• (a) parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him; or

• (b) parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him.

• (2) Where the enlisting officer is satisfied, by the production of a certified copy of an entry in the register of births or by any other evidence appearing to him to be sufficient, that a person offering to enlist has or has not attained the age of 18, that person shall be deemed for the purposes of this Act to have attained, or as the case may be, not to have attained, that age.

• (3) A document purporting to be a certificate signed by the enlisting officer, stating that he is satisfied as mentioned in sub-paragraph (2), shall be sufficient evidence, until the contrary is proved, that he was so satisfied.

Procedure on attestation

3

• (1) The procedure for enlisting a person (in this paragraph referred to as “the recruit”) in a reserve force is as follows.

• (2) The enlisting officer shall warn the recruit that if he makes any false answers to the questions to be read out to him he will be liable to be punished as provided by this Act.

• (3) He shall then read, or cause to be read, to the recruit the questions set out in the attestation paper and satisfy himself that he understands each of those questions and that his answers have been duly recorded in the attestation paper.

• (4) He shall then ask the recruit to make and sign the declaration set out in the attestation paper as to the truth of the answers and shall administer to him the oath of allegiance as set out in the attestation paper.

• (5) Upon signing the declaration and taking the oath the recruit shall become a man of the reserve force in question.

• (6) The enlisting officer shall by signature attest, in the manner required by the attestation paper, that the requirements of this Act as to the attestation of the recruit have been carried out and deliver the attestation paper duly dated to such person as may be prescribed.

• (7) When, in accordance with orders or regulations under section 4, the recruit is finally approved for service, the officer by whom he is approved shall at his request furnish him with a certified copy of the attestation paper.

Validity of attestation and enlistment

4

• (1) This paragraph applies where a person has signed the declaration required by paragraph 3.

• (2) The validity of the person’s enlistment shall not be called in question on the ground of any error or omission in his attestation paper.

• (3) If within 3 months from the date on which the person signed the declaration he claims that his enlistment is invalid—

• (a) by reason of any non-compliance with the requirements of this Act as to enlistment or attestation; or

• (b) on any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-paragraph the validity of his enlistment could have been called in question,

the claim shall be submitted as soon as may be to the Defence Council, and, if the claim is well founded, the Defence Council shall cause him to be discharged with all convenient speed.

• (4) If when the person signed the declaration he had not attained the age of 18, and within 3 months from the date on which he signed the declaration he, or any person whose consent to the enlistment was required under paragraph 2(1) but who did not duly consent, claims that his enlistment is invalid—

• (a) by reason of any non-compliance with the requirements of this Act as to enlistment or attestation; or

• (b) on any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-paragraph the validity of his enlistment could have been called in question,

the claim shall be submitted as soon as may be to the Defence Council, and, if the claim is well founded, the Defence Council shall cause him to be discharged with all convenient speed.

• (5) If no claim under sub-paragraph (3) or (4) is made within 3 months from the date on which he signed the declaration, the person shall be deemed to have been validly enlisted notwithstanding any such non-compliance or other grounds as aforesaid.

• (6) Notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim under sub-paragraph (3) or (4), the person shall be deemed to be a man of the reserve force in question until his discharge.

• (7) Nothing in this paragraph shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.

False answers in attestation papers

5

• (1) Any person appearing before an enlisting officer for the purpose of being attested who knowingly ... makes a false answer to any question contained in the attestation paper and put to him by or by the direction of the enlisting officer is guilty of an offence.

• (2) A person guilty of an offence under sub-paragraph (1) is 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); and he may be proceeded against summarily notwithstanding that he has since become a member of the reserve forces.

• (3) A person guilty of an offence under sub-paragraph (1) who becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006.

• (4) 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 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.

• (5) Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces.

Evidence as to attestation papers

6

• (1) With respect to evidence in proceedings under Part X, whether before the Court Martial, a civil court or otherwise—

• (a) a document purporting—

• (i) to be a copy of the attestation paper signed by any person; and

• (ii) to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper,

shall be evidence of the enlistment of the person attested; and

• (b) the attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is recorded in that paper as having given.

• (2) In this paragraph “civil court” has the same meaning as in Part X.

...

7

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

SCHEDULE 2

Preliminary

1

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

Arrest

2

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

Proceedings before a civil court where persons suspected of illegal absence

3

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

4

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

5

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

Surrender to police

6

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

Certificates of arrest or surrender

7

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

8

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

9

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

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

10

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

SCHEDULE 3

General provisions as to evidence

1

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

2

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

3

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

4

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

5

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

6

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

7

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

Proceedings for offences under section 95

8

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

Proof of outcome of civil trial

9

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

SCHEDULE 4

1

• (1) A scheme for the constitution of an association (“a scheme”) shall provide—

• (a) for the date of the establishment of the association;

• (b) for the incorporation of the association by an appropriate name;

• (c) for appointment as members of the association of naval members, marine members, military members and air force members;

• (d) for the appointment as members of the association by the Defence Council, after consultation with, and on the recommendation of, the bodies to be represented, of representatives of such of the local authorities wholly or partly within the area for which the association is established as the Defence Council may from time to time determine;

• (e) for the mode of appointment, dismissal, term of office and rotation of members of the association and the filling of casual vacancies;

• (f) for the election of a chairman and a vice-chairman or vice-chairmen by the association and for defining their powers and duties;

• (g) for the appointment by the association, subject to the approval of the Defence Council, of a secretary and other officers and members of the staff of the association;

• (h) for the procedure to be adopted, including the appointment of committees and the delegation to committees of any of the powers or duties of the association;

• (i) for enabling flag, general or air officers of any part of Her Majesty’s forces, or officers deputed by them, to attend the meetings of the association, and to speak but not to vote.

• (2) A scheme shall secure that the aggregate number of naval members, marine members, military members and air force members are not less than half of the whole number of members of the association.

• (3) A secretary or other officer or member of the staff who is in the employment of the association by virtue of the provisions of an order made by the Defence Council in exercise of the powers conferred upon the Defence Council by section 119 shall be deemed for the purposes of sub-paragraph (1)(g) above (and the corresponding purposes of the scheme concerned) to have been appointed by the association.

2

A scheme for an association in England and Wales or Northern Ireland (but not for an association established for an area that includes Greater London) shall provide—

• (a) for constituting as president of the association the lord-lieutenant of one of the counties or parts of counties for which the association is established, as the Defence Council may from time to time think fit, or, failing any of those lord-lieutenants, such other person as the Defence Council may think fit; and

• (b) for constituting as vice-presidents of the association the lord-lieutenants of any of those counties or parts of counties (if they are willing to act) and such other persons (if any) as the Defence Council may think fit.

3

A scheme for an association in Scotland shall provide—

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

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

4

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

5

A scheme may provide—

• (a) for the appointment as members of the association by the Defence Council, of representatives of universities whose activities are carried on wholly or partly within the area for which the association is established;

• (b) for the appointment as members of the association by the Defence Council, of persons representing the Army Cadet Force, the Air Training Corps, the Combined Cadet Force and the Sea Cadet Corps;

• (c) for the appointment as members of the association by the Defence Council, of persons representing employers, and persons employed, in the area for which the association is established;

• (d) for the appointment of co-opted members;

• (e) for dividing the area for which the association is established into two or more parts and for establishing sub-associations for any of the parts; and

• (f) for delegating to a sub-association such of the powers and duties of the association as may be approved by the Defence Council and regulating the relations of a sub-association to the association and, where any association has established more than one sub-association, regulating the relations of one sub-association to another.

6

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

7

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

8

• (1) A scheme for an association established for an area including or including any part of the counties of Kent, East Sussex and West Sussex may provide that the Lord Warden of the Cinque Ports shall ex-officio be a member of the association.

• (2) A scheme for an association established for an area including or including any part of the counties of Devon and Cornwall may provide that the Warden of the Stannaries shall ex-officio be a member of the association.

9

• (1) The Governor of the Isle of Wight shall ex-officio be a member of an association established for an area including the Isle of Wight.

• (2) The Lieutenant-Governor of the Isle of Man shall ex-officio be a member of an association established for an area including the Isle of Man.

• (3) The Lord Mayor of the City of London shall ex-officio be president of a sub-association established for the City of London.

10

In this Schedule—

SCHEDULE 5

Part I — Preliminary

Designation of successor to disbanded unit

1

• (1) A warrant of Her Majesty may designate, for the purposes of this Schedule, any unit of a reserve force as the successor to any unit or other body of the same or any other reserve force which has been or is to be disbanded.

• (2) The Secretary of State shall send a copy of any such warrant to—

• (a) the Charity Commission ;

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

• (c) the Department of Health and Social Services for Northern Ireland; and

• (d) a trustee of each charity in England and Wales or Northern Ireland, or a person concerned in the management or control of each recognised body, affected by the warrant by virtue of the following provisions of this Schedule.

• (3) A copy of a warrant required to be sent under this paragraph may be sent by post; and any such copy shall be sent so as to arrive on or before the day on which the warrant comes into force and, in any event, not more than 14 days from the day on which the warrant is made.

General interpretation

2

In this Schedule—

• “disbanded unit” means a unit for which a successor is designated under paragraph 1;“charity” has the same meaning (in relation to England and Wales) as it has under section 1(1) of the Charities Act 2011 and (in relation to Northern Ireland) as in the Charities Act (Northern Ireland) 1964;“recognised body” has the same meaning as in Part I of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;“warrant” means a warrant making such a designation,

and references to disbandment of a body of a reserve force (however expressed) include references to its amalgamation with another unit or body.

Part II — Succession to charitable property: England and Wales

Effect of designation of successor to disbanded unit

3

• (1) On and after the day on which a warrant comes into force, any charitable property which is held for the purposes of the disbanded unit in question shall (subject to the provisions of this Part of this Schedule) be held for the corresponding purposes, or most nearly corresponding purposes, of the successor unit designated by the warrant.

• (2) In this Part of this Schedule “charitable property” means any property belonging to a charity.

• (3) The same jurisdiction and powers shall be exercisable in relation to any charity owning property to which sub-paragraph (1) applies as would be exercisable if that sub-paragraph were not a provision of an Act of Parliament regulating that charity.

Exclusion of charitable property from paragraph 3

4

• (1) If Charity Commission considers that paragraph 3(1) should not apply to all or any of the charitable property held for the purposes of a disbanded unit, it may make an order providing that paragraph 3(1) shall not apply or shall cease to apply to that property or part.

• (2) An order under this paragraph may be made at any time within the period of 6 months beginning with the day on which the warrant is made.

5

• (1) If a charity affected by a warrant or any trustee of, or person interested in, such a charity considers that paragraph 3(1) should not apply to all or any of the property held by the charity for the purposes of the disbanded unit in question, then the charity, trustee or person interested, as the case may be, may apply to the court for an order providing that paragraph 3(1) shall cease to apply to that property or part.

• (2) An application under this paragraph—

• (a) may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force; and

• (b) is subject to subsections (2) to (5) of section 115 of the Charities Act 2011 (proceedings not to be begun without the consent of the Charity Commission or leave of a judge of the High Court),

and for the purposes of subsection (5) of that section an application for an order of the Commission authorising proceedings under this paragraph is deemed to be refused if it is not granted during the period of one month beginning with the day on which the application is received by the Commission.

• (3) In this paragraph “the court” has the same meaning as in the Charities Act 2011.

Application of property otherwise than under paragraph 3

6

In any case where—

• (a) the Secretary of State requests the Charity Commission to make provision with respect to any charitable property which is held for the purposes of a unit of a reserve force that has been or is to be disbanded, or

• (b) an order is made under paragraph 4 or 5 excluding any charitable property so held from the operation of paragraph 3(1),

the Commission may, regardless of anything in section 70(2) of the Charities Act 2011 (limit on jurisdiction to make schemes etc. for the protection of charities), exercise its jurisdiction under section 69 with respect to the property to which the request or order relates.

Validity of certain acts by trustees

7

Neither a warrant nor any order under paragraph 4 or 5 shall affect the validity of anything done or omitted with respect to any property affected by the warrant or order before a copy of the warrant or order is received by a trustee of the charity in question.

Saving for interests in property contingent on disbandment of unit

8

Nothing in this Part of this Schedule applies to any property held by a charity for the purposes of a unit that has been or is to be disbanded if, under the terms on which the property is so held—

• (a) any interest of the charity in the property is determined on the disbanding of that unit; and

• (b) any other person or charity has an interest in the property contingent upon the determination of the interest of the charity.

Part III — Succession to charitable property: Scotland

Effect of designation of successor to disbanded unit

9

• (1) On and after the day on which a warrant comes into force, any charitable property which is held for the purposes of the disbanded unit in question shall (subject to the provisions of this Part of this Schedule) be held for the corresponding purposes, or most nearly corresponding purposes, of the successor unit designated by the warrant.

• (2) In this Part of this Schedule “charitable property” means any property belonging to a recognised body.

Exclusion of charitable property from paragraph 9

10

• (1) If the Lord Advocate considers that paragraph 9 should not apply to all or any of the charitable property held for the purposes of a disbanded unit, he may give a direction providing that paragraph 9 shall not apply or shall cease to apply to that property or part.

• (2) A direction under this paragraph may be given at any time during the period of 6 months beginning with the day on which the warrant is made.

11

• (1) If a recognised body affected by a warrant or any person concerned in the management or control of, or interested in, such a body considers that paragraph 9 should not apply to all or any of the charitable property held by the recognised body for the purposes of the disbanded unit in question, then the recognised body, person concerned in its management or control or person interested, as the case may be, may apply by petition to the Court of Session for the court to make an order—

• (a) providing that paragraph 9 shall cease to apply to that property or part; and

• (b) exercising, with respect to that property or part, any of the court’s powers relating to a charitable or other permanent endowment.

• (2) On an application under sub-paragraph (1), the court may exercise any such power as is mentioned in sub-paragraph (1)(b) to make such order as it considers to be appropriate, whether or not that power would normally be exercisable at the instance of such a petitioner.

• (3) An application under this paragraph may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force.

Power of Lord Advocate to apply to Court of Session

12

• (1) Where a body of a reserve force has been or is to be disbanded, the Lord Advocate —

• (a) if he has not given a direction under paragraph 9, may; and

• (b) if he has given such a direction, shall,

apply by petition to the Court of Session for the court to make an order exercising, with respect to any charitable property which is held for the purposes of the disbanded unit, any of the court’s powers relating to a charitable or other permanent endowment.

• (2) On an application under sub-paragraph (1), the court may, subject to any such direction, exercise any such power to make such order as it considers to be appropriate, whether or not that power would normally be exercisable at the instance of the Lord Advocate.

Validity of certain acts

13

None of the following, that is to say, a warrant, a direction under paragraph 10 or an order under paragraph 11 or 12 shall affect the validity of anything done or omitted with respect to any property affected by the warrant, direction or order before a copy of the warrant, direction or order is received by a person concerned in the management or control of the recognised body in question.

Saving for interests in property contingent on disbandment of unit

14

Nothing in this Part of this Schedule applies to any property held by a recognised body for the purposes of a unit that has been or is to be disbanded if, under the terms on which the property is so held—

• (a) any interest of the recognised body in the property is determined on the disbanding of that unit; and

• (b) any other person or recognised body has an interest in the property contingent upon the determination of the interest of the recognised body.

Part IV — Succession to charitable property: Northern Ireland

Effect of designation of successor to disbanded unit

15

• (1) On and after the day on which a warrant comes into force, any charitable property which is held for the purposes of the disbanded unit in question and administered for those purposes according to the law of Northern Ireland shall (subject to the provisions of this Part of this Schedule) be held for the corresponding purposes, or most nearly corresponding purposes, of the successor unit designated by the warrant.

• (2) In this Part of this Schedule “charitable property” means any property belonging to a charity.

• (3) The same jurisdiction and powers shall be exercisable in relation to any charity owning property to which sub-paragraph (1) applies as would be exercisable if that sub-paragraph were not a provision of an Act of Parliament regulating the charity.

Exclusion of charitable property from paragraph 15

16

• (1) If the Department of Health and Social Services for Northern Ireland considers that paragraph 15(1) should not apply to all or any of the charitable property held for the purposes of a disbanded unit, that Department may make an order providing that paragraph 15(1) shall not apply or shall cease to apply to that property.

• (2) An order under this paragraph may be made at any time during the period of 6 months beginning with the day on which the warrant is made.

17

• (1) If a charity affected by a warrant or any trustee of, or person interested in, such a charity considers that paragraph 15(1) should not apply to all or any of the property held by the charity for the purposes of the disbanded unit in question, then the charity, trustee or person interested, as the case may be, may apply to the court for an order providing that paragraph 15(1) shall cease to apply to that property or part.

• (2) An application under this paragraph—

• (a) may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force; and

• (b) is subject to section 29(3) of the Charities Act (Northern Ireland) 1964 (under which an application for an order of the court in connection with the administration of a charity may not be made without the consent of the Attorney General for Northern Ireland).

• (3) In this paragraph “the court” has the same meaning as in the Charities Act (Northern Ireland) 1964.

Application of property otherwise than under paragraph 15

18

In any case where—

• (a) the Secretary of State requests the Department of Health and Social Services for Northern Ireland to make provision with respect to any charitable property held for the purposes of a unit of a reserve force which has been or is to be disbanded; or

• (b) an order is made under paragraph 16 or 17 excluding any charitable property so held from the operation of paragraph 15(1),

the Department may, notwithstanding anything in subsection (1) of section 13 of the Charities Act (Northern Ireland) 1964 and irrespective of the value of the property in question, exercise its jurisdiction under that section with respect to the property to which the request or order relates.

Validity of certain acts by trustees

19

Neither a warrant nor any order under paragraph 16 or 17 shall affect the validity of anything done or omitted with respect to any property affected by the warrant or order before a copy of the warrant or order is received by a trustee of the charity in question.

Saving for interests in property contingent on disbandment of unit

20

Nothing in this Part of this Schedule applies to any property held by a charity for the purposes of a unit which has been or is to be disbanded if, under the terms on which the property is so held—

• (a) any interest of the charity in the property is determined on the disbanding of that unit; and

• (b) any other person or charity has an interest in the property contingent upon the determination of the interest of the charity.

SCHEDULE 6

1

Part VI of the Reserve Forces Act 1980 (the lieutenancies) shall be amended as follows.

2

In section 133 (deputy lieutenants)—

• (a) in subsection (2), the words “to the satisfaction of the Secretary of State” and “in the Secretary of State’s opinion” shall cease to have effect;

• (b) at the end of subsection (4) there shall be added the words “; but the commission may be revoked by the lord-lieutenant of the county or area.”;

• (c) in subsection (5)—

• (i) the words from “(at” to “rate)” shall cease to have effect;

• (ii) after the words “London Gazette” there shall be inserted the words “ or the Edinburgh Gazette ”; and

• (iii) the words from “in like manner” to the end shall cease to have effect.

3

In section 135 (vice lord-lieutenants), after subsection (1) there shall be inserted the following subsections—

(1A) The commission of a vice lord-lieutenant may, with Her Majesty’s approbation, be revoked by the lord-lieutenant of the county or area. (1B) Where the person who appointed a vice lord-lieutenant dies or otherwise ceases to be lord-lieutenant, the commission of the vice lord-lieutenant shall not be vacated until a new lord-lieutenant is appointed.

4

In section 136 (removal of vice lord-lieutenant and deputy lieutenants), paragraph (b) (and the word “and” immediately preceding it) shall cease to have effect.

5

In section 137 (statutory functions)—

• (a) in subsection (1)—

• (i) after the word “lord-lieutenant” (in both places) there shall be inserted the word “ , lieutenants ”;

• (ii) for the words from “jurisdiction” to “are” there shall be substituted the words “ functions and privileges (whether provided for under any enactment or otherwise) as are for the time being exercisable by or ”; and

• (iii) the words from “area” (in the second place it appears) shall cease to have effect;

• (b) in subsection (2), the words from “and appoint” to the end shall cease to have effect.

SCHEDULE 7

The Army

1

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

2

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

The Royal Marines

3

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

4

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

The Royal Air Force

5

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

6

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

The Royal Navy

7

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

8

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

SCHEDULE 8

Existing members of the reserve forces

1

• (1) Nothing in section 2 shall prevent a person who, immediately before the day on which that section comes into force, is a man of a reserve force from continuing as a man of that force.

• (2) If men of the Air Force Reserve are transferred to the Royal Auxiliary Air Force under paragraph 7(2) after the day on which section 2 comes into force, nothing in that section shall prevent them continuing as men of the Royal Auxiliary Air Force.

Royal Fleet Reserve

2

• (1) The Royal Fleet Reserve shall cease to be maintained as a division of the Royal Naval Reserve and shall, accordingly, be a separate reserve force.

• (2) Sub-paragraph (1) does not affect the continuity of membership of the Royal Fleet Reserve.

3

Any reference in any enactment or other instrument to the Royal Naval Reserve which, immediately before the commencement of paragraph 2(1), included a reference to the Royal Fleet Reserve shall continue to have effect as if it included a reference to the Royal Fleet Reserve.

The special class of the Royal Fleet Reserve

4

• (1) The special class of the Royal Fleet Reserve existing by virtue of sections 2 and 57 of the Reserve Forces Act 1980 may continue in existence subject to sub-paragraphs (2) and (3) of this paragraph.

• (2) No man, after the commencement of this paragraph—

• (a) may on entering or re-engaging in the Royal Fleet Reserve or during a term of service in that force, be entered in or transferred to the special class or undertake the liability for service in that class; or

• (b) may be transferred to that class otherwise than as mentioned in section 57(2) and section 58 of the Reserve Forces Act 1980.

• (3) Persons in the special class immediately before the commencement of this paragraph shall continue in that class (subject to the provisions of the Reserve Forces Act 1980) until the end of their terms of service as mentioned in section 57(3) of that Act.

• (4) A member of the special class who elects to be subject to Part VI of this Act shall cease to be a member of that class and shall become subject to the provisions of that Part.

• (5) A person liable under the Reserve Forces Act 1980 to serve in the special class on transfer to the reserve who elects to be subject to Part VI of this Act shall cease to be liable to serve in that class.

5

If it appears to the Secretary of State that—

• (a) the special class of the Royal Fleet Reserve has no members; and

• (b) no person remains liable to serve in that class on transfer to the reserve,

the Secretary of State may by order made by statutory instrument repeal section 2(3) and (4), section 57 and section 58 of the Reserve Forces Act 1980.

Home Service Force

6

Section 6 of the Reserve Forces Act 1980 shall cease to have effect.

Royal Air Force Volunteer Reserve

7

• (1) Her Majesty may continue to maintain a force known as the Royal Air Force Volunteer Reserve as a division of the Air Force Reserve.

• (2) On a day appointed by the Secretary of State by order, any officers or men of the Royal Air Force Volunteer Reserve who, immediately before that day, fall within any description of member specified in the order shall cease to be members of the Air Force Reserve and become members of the Royal Auxiliary Air Force.

• (3) An order under sub-paragraph (2) may describe the members who are to be transferred by reference to the unit or part of the Royal Air Force Volunteer Reserve to which they belong or by reference to any other criterion.

Reserves of Officers

8

• (1) On a day appointed by the Secretary of State by order officers of the retired list of the Royal Navy and officers of the emergency list of the Royal Navy shall become members of the Royal Fleet Reserve.

• (2) On a day appointed by the Secretary of State by order officers of the retired list of the Royal Marines and officers of the emergency list of the Royal Marines shall become members of the Royal Fleet Reserve.

9

On a day appointed by the Secretary of State by order, the members of the Regular Army Reserve of Officers shall become members of the Army Reserve.

Training of existing members of the Royal Auxiliary Air Force

10

Section 41(1) of the Reserve Forces Act 1980 shall apply, in relation to any person who may be required to undergo training under that section, with the omission of the words “within the United Kingdom”.

Effect of transfers under this Schedule

11

• (1) Any officers transferred to a reserve force under paragraph 7(2), 8 or 9 shall continue to serve in that force on the same conditions as they served immediately before their transfer.

• (2) Any men transferred to the Royal Auxiliary Air Force under paragraph 7(2) shall serve for the same term and on the same conditions as they served in the Air Force Reserve.

• (3) Anything done by or to any such officer or man before his transfer shall be treated so far as is necessary on and after that day as if it had been done by or to a member of the reserve force to which he was transferred.

• (4) If any such officer or man is transferred to a reserve force on or after the day appointed for the purposes of Part I of Schedule 9—

• (a) he shall be regarded for the purposes of paragraph 2 of that Schedule as if he had been a member of that force since immediately before the appointed day;