Reserve Forces Act 1996

[^key-35b5a150ff7e4d332da7231c9ec94eaa]: S. 84A inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), ss. 46(1), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-0184f391cb0085d09e46c96c56729cc3]: Words in s. 83 cross-heading substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 2 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-ae369f5b15ec5e804de7fa6d1c13e266]: Words in s. 83 heading inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 3 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-361ebf8f2523ab0b83b0b7b48a7c5622]: Words in s. 84 heading inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 3 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-c8fae86c35a056e287bfe30dad90c81c]: Words in s. 85 heading substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 5 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-2ace9544e72f1816d4c456ad3a67af49]: S. 85(3A) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(5) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-bc19e18181dc143344ae74ee03523b86]: Words in s. 85(1) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(a) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-04a98667221f8ecdcb0db7998d14b608]: S. 85(1)(aa)(ab) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(c) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-373d4a319345f3fcb366661e794b26f3]: Words in s. 85(1)(a) omitted (5.9.2014) by virtue of Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(b) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-fff5d14c48acebc7ef3e8021657754a7]: Words in s. 85(1)(f) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(d) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-4f1f8a7c30a03dbad730d035907981e3]: Words in s. 85(2) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-592fe199f4a82668d2342eb3892dff3c]: Words in s. 85(3) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(4) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-d88754f8bfb731d48d86a03b711e6fd4]: Words in s. 85(5) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(6) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-154242f806002d667c417e8717e0894a]: S. 86(A1) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 6(2) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-4e73b1ecf01823f6dac7ff29cbb04fb4]: Words in s. 86(1) omitted (5.9.2014) by virtue of Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 6(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-a52d7230663203deaa642dd975bdbb07]: Words in s. 86(2) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 6(4)(a) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-fdedf572e820f55ac638766b351f0181]: Words in s. 86(2)(a) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 6(4)(b) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-0a293b9573e6d37fe1e2b4f3bca973a0]: Words in s. 86(3) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 6(5) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-88306edde6b4eccecbdbb8d4d79cb491]: Words in s. 86(4) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 6(5) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-28598f9d0e09afec5a96b1eae3bf3e3c]: Words in s. 86(5) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 6(5) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-d0a5ba74c97817ea0a4d12f2bb6a70b3]: Words in s. 87(1) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 7 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-4fb979ff939e2c667189ad4496c118f2]: Words in s. 87(2) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 7 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-6c875749a72a40ac57e68c302c6bffed]: Words in s. 89(2) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 8(a) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-06ba8f914519d0af996b038bf4b987f3]: Words in s. 89(2) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 8(b) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-f309fc7043cbdc5b44e0a99af9303e6e]: Words in Sch. 9 para. 19 substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 9 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

[^key-85c8f4d18dab50242e6e5c40ebacdd8c]: Words in Act substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(a)(4), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(a)

[^key-d33cdaf006f8a5629a1ffd9c03fe5b52]: Words in Act substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(b)(4), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(a)

[^key-8eeb3e4752088d5772cc6c59001b1881]: Word in s. 56 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(5), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-8283fd85320634bd6d0e9cdacfb8b25f]: Words in s. 129 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 3 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-c5ad9b2fad648b407405550d50f87016]: Words in Sch. 9 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 5 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-74be077c859f9197e8de77bdacb38467]: Words in Sch. 9 Pt. 1 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(2) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-125145d5783807e9cd0d4c3dfc480d18]: Words in Sch. 9 Pt. 2 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(5) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-2a37137e6a734318daa8a2e2163de8cc]: Sch. 9 para. 12A inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(6) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-0a8d786172eaa54b5424aaaaee8e1971]: Sch. 9 Pts. 3, 4 inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(7) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-43f5bbdb452c7ba051be45a19fefe2d5]: S. 113A inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 47, 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(c)

[^key-09dfbdcc543fbe6eb0e847c09d36482f]: Words in s. 28(3)(a) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(1), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-02c92cb82468c88a7757f635a6446475]: Words in s. 54(1) inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(3), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-30f921065f0853cbfa56b7bd6e054321]: S. 56(1B) substituted for s. 56(1)(1A) (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(4), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-7f7051415755945b8283c15e6b01bb72]: Words in s. 57(4) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(6)(a), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-c1f2b65ed6856fbfe0a2a2fbea4daf70]: Words in s. 57(6) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(6)(b), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-62b61971579fc7ebb9f4622c447e63bd]: Words in s. 57(8)(c) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(6)(c), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-4bf4c79ac223987ca793fb22f54820a5]: Words in s. 57(11) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(6)(d), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-59287924cabb5b69ad0b4cf4e0f97d84]: Words in s. 57A(3) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(7), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-6a4c06d8253d8f5396deaf543f56053b]: S. 64 renumbered as s. 64(1) (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(8)(a), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-48bb18f85dd09abcdf2f8f75542c4a04]: S. 64(2) inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 45(8)(b), 50(1) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-d19981c1c5c7cd164b84278537dbc072]: Words in s. 129(2) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-66f712bf78f995a3b358aa01b18b91bd]: Words in s. 129(1) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(2) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-73ba5cfab6c77cda8c8893c82b48f370]: Words in s. 129(3) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(4)(a) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-c951085c60e84e6fc90bfc34c05e5311]: Words in s. 129(3) inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(4)(b) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-e2a408ee1bb834fc9ee912c798daf6ce]: Words in Sch. 9 para. 1(1) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-923bdff509dc127d0e68fbbca05ec749]: Words in Sch. 9 para. 1(2) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-889ec8caf7ad3202bfe060da0f247ddb]: Words in Sch. 9 para. 4(2) inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(4) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-e3e82289107486a8cf3007087048ff8a]: Words in Sch. 9 para. 6 substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

[^key-751ef0290d96db6087617ce227da81cd]: Act extended (with modifications) (Isle of Man) (1.11.2010) by The Reserve Forces Act 1996 (Isle of Man) Order 2010 (S.I. 2010/2470), art. 2, Sch. (as amended (1.8.2016) by The Reserve Forces Acts 1980 and 1996 (Isle of Man) (Amendment) Order 2016 (S.I. 2016/746), arts. 1, 3(3)(b))

[^key-2124b40536beb74cf326d207666a8030]: Ss. 125A-125C inserted (23.7.2018) by Data Protection Act 2018 (c. 12), ss. 195(2), 212(1) (with ss. 117, 209, 210); S.I. 2018/625, reg. 3(l)

[^M_F_cbc419a3-edc7-4561-bf57-ba1cdcae8e97]: Sch. 10 paras. 1-13 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 59, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^key-a5a83973975e8f697401a9c94c050c50]: Words in s. 125(a) substituted (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 2 para. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^key-80536cbe9d61746b434997e222a32bf6]: S. 132(3) power extended (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 24(2)(b), 26(5)

[^key-2297eb1ecbae1fd73721ea1f644cafdc]: Word in s. 90(4) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 27(2) (with Sch. 1 para. 43)

[^key-2de20a0a53adb56aca2ae084ca4d3382]: Word in s. 91(4) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 27(3) (with Sch. 1 para. 43)

92A

• (1) In sections 90 and 91 “appropriate senior judge”, in relation to the appointment of a person to be a member of a panel, means—

• (a) if the person is to be appointed to exercise functions wholly or mainly in relation to England and Wales, the Lord Chief Justice of England and Wales;

• (b) if the person is to be appointed to exercise functions wholly or mainly in relation to Scotland, the Lord President of the Court of Session;

• (c) if the person is to be appointed to exercise functions wholly or mainly in relation to Northern Ireland, the Lord Chief Justice of Northern Ireland.

• (2) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under sections 90 to 92.

• (3) The Lord President of the Court of Session may nominate a judge of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise any of his functions under sections 90 to 92.

• (4) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under sections 90 to 92—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

53A

• (1) This section applies to a person if—

• (a) he is not in service under a call-out order under section 52; and

• (b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 53(6) or (10).

• (2) The person may agree in writing that, if he is accepted into service under a call-out order under section 52, in calculating when he is entitled to be released by virtue of section 53(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

• (3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 52, section 53 shall apply in his case as if for the period of 3 years specified in subsection (6) there were substituted a shorter period specified in the agreement.

• (4) If an order under section 53(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 3 years were to the period of 5 years.

55A

• (1) This section applies to a person if—

• (a) he is not in service under a call-out order under section 54; and

• (b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 55(6) or (10).

• (2) The person may agree in writing that, if he is accepted into service under a call-out order under section 54, in calculating when he is entitled to be released by virtue of section 55(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

• (3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 54, section 55 shall apply in his case as if for the period of 12 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

• (4) If an order under section 55(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 12 months were to the period of 2 years.

57A

• (1) This section applies to a person if—

• (a) he is not in service under a call-out order under section 56; and

• (b) if accepted into service under such a call-out order, he would be immediately entitled to release under section 57(6) or (10).

• (2) The person may agree in writing that, if he is accepted into service under a call-out order under section 56, in calculating when he is entitled to be released by virtue of section 57(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

• (3) An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 56, section 57 shall apply in his case as if for the period of 12 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

Liability of members of reserve forces under call-out orders.

Agreement to alter limits in section 53

Liability of officers and former servicemen to be recalled.

Prohibition on disclosure of contact details supplied under section 125A

100A

• (1) An officer of a UK police force may arrest without warrant a person who is reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted or is absent without leave.

• (2) If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

• (3) In subsection (2)—

• “authorised person” means a person who has authority in England and Wales, Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected of an offence;

• “relevant suspect” means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95.

• (4) In this section “UK police force” has the meaning given by section 375 of the Armed Forces Act 2006.

84A

• (1) The Secretary of State may by regulations provide for the making of payments by the Secretary of State to—

• (a) an employer whose employee is undertaking relevant reserve force activities or has undertaken such activities while employed by the employer, and

• (b) a person carrying on business in partnership whose partner in the business is undertaking relevant reserve force activities or has undertaken such activities while a partner of the person,

but see subsections (3) to (5).

• (2) For the purposes of this section, a person undertakes relevant reserve force activities when the person—

• (a) is in permanent service under Part 4 or under a call-out order,

• (b) undertakes training of a prescribed description while an ordinary member of a reserve force, or

• (c) performs other voluntary duties of a prescribed description while an ordinary member of a reserve force.

• (3) The Secretary of State may make regulations under this section only if satisfied that the payments provided for, or such payments taken together with other measures, are likely to encourage persons—

• (a) to employ, or continue to employ, members of the reserve forces, or

• (b) to carry on business, or continue to carry on business, in partnership with members of the reserve forces.

• (4) Regulations under subsection (1)(a) may provide for the making of payments to employers who are self-employed, but not in respect of their own relevant reserve force activities.

• (5) Regulations under this section may not provide for the making of payments to be conditional on a financial loss suffered by the employer or the person carrying on business in partnership.

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

• (7) In this section—

• “ordinary member”, in relation to a reserve force, means a member who—is not a special member of that force, andis not a member of that force for the purpose only of becoming a special member;

• “prescribed” means prescribed by regulations made under this section.

113A

• (1) An association must prepare an annual report on the state of the volunteer reserve forces so far as concerns the area for which the association is established.

• (2) A report on the state of the volunteer reserve forces is a report that sets out the association's assessment of the capabilities of the volunteer reserve forces, having regard to the duties that may be imposed on members of those forces by or under this Act or any other enactment.

• (3) The assessment referred to in subsection (2) must, in particular, include the association's views on the effect of each of the following matters on the capabilities of the volunteer reserve forces—

• (a) the recruiting of members for the volunteer reserve forces;

• (b) the retention of members of those forces;

• (c) the provision of training for those forces;

• (d) the upkeep of land and buildings for whose management and maintenance the association is responsible.

• (4) A report under subsection (1) must also set out the association's assessment of the provision that is made as regards the mental welfare of members and former members of the volunteer reserve forces.

• (5) An association must send a report under subsection (1) to the Secretary of State—

• (a) in the case of the first report, before the first anniversary of the day on which the last Future Reserves 2020 report prepared before the coming into force of this section was presented to the Secretary of State, and

• (b) in the case of subsequent reports, before the anniversary of the day on which the first report was laid before Parliament under subsection (6).

• (6) On receiving a report under subsection (1), the Secretary of State must lay a copy of it before Parliament.

• (7) The duties under this section may, instead of being performed by an association, be performed by a joint committee appointed under section 116 by two or more associations in relation to their combined areas.

• (8) Where by virtue of subsection (7) a joint committee has the duty to prepare a report—

• (a) references in subsections (1) to (5) to an association are to be read as if they were to the joint committee, and

• (b) section 117(1)(a) (power to regulate manner in which functions are exercised) has effect as if the reference to associations were to the joint committee.

• (9) In subsection (5)(a), “Future Reserves 2020 report” means a report prepared by the External Scrutiny Group on the Future Reserves 2020 programme.

12A

In the application of section 28(3)(a) to a special agreement entered into by a transitional member, for the reference to a period not exceeding 12 months there shall be substituted a reference to a period not exceeding 9 months.

Part 3 — The second transitional class of members of the reserve forces

25

• (1) The second transitional class consists of persons who—

• (a) are members of a reserve force,

• (b) are not, and have not been, members of the original transitional class,

• (c) for the time being fall within paragraph 26 or 27, and

• (d) have not made an election under paragraph 28.

• (2) In this Part of this Schedule “the appointed day” means the day on which paragraph 4(7) of Schedule 6 to the Defence Reform Act 2014 (which inserts this Part of this Schedule) comes into force.

26

A person who, immediately before the appointed day, was a member of a reserve force falls within this paragraph if—

• (a) the person has remained a member of that force without interruption since that time, and

• (b) the person has not extended his or her service in, or become an officer of, that force since that time.

27

A person who becomes a member of a reserve force on or after the appointed day, on transfer to the reserve from the regular services, falls within this paragraph if—

• (a) the person joined the regular services before the appointed day and did not re-enlist, re-engage or extend his or her service, or become an officer, in the regular services on or after that day,

• (b) the person has remained a member of the reserve force concerned without interruption since being transferred from the regular services, and

• (c) the person has not extended his or her service in, or become an officer of, that force since being so transferred.

28

• (1) A person who is a member of the second transitional class may elect to cease to be a member of that class.

• (2) A person serving in the regular services who—

• (a) joined those services before the appointed day, and

• (b) has not re-enlisted, re-engaged or extended his or her service, or become an officer, on or after that day,

may at any time elect not to become a member of the second transitional class on transfer to the reserve.

• (3) An election under this paragraph must be made in the prescribed manner.

• (4) A person who has made an election under sub-paragraph (1) ceases to be a member of the second transitional class.

• (5) A person who has made an election under sub-paragraph (2) does not become a member of the second transitional class.

• (6) An election under this paragraph is irrevocable.

Part 4 — Application of Act to members of the second transitional class

29

Parts 4 and 6 of this Act apply in relation to members of the second transitional class in accordance with this Part of this Schedule.

30

Section 28(3)(a) (special agreements: maximum period of service) applies in relation to a special agreement entered into by a member of the second transitional class as if for “12 months” there were substituted “ 9 months ”.

31

• (1) Section 56 (call out for certain purposes) applies in relation to the call out of members of the second transitional class as if the power conferred on the Secretary of State by subsection (1B) were limited to the powers described in sub-paragraphs (2) and (3).

• (2) The first power is to make an order authorising the calling out of members of a reserve force where it appears to the Secretary of State that it is necessary or desirable to use armed forces—

• (a) on operations outside the United Kingdom for the protection of life or property, or

• (b) on operations anywhere in the world for the alleviation of distress or the preservation of life or property in time of disaster or apprehended disaster.

• (3) The second power is to make an order authorising the calling out of members of a reserve force for the purposes of carrying out work where—

• (a) the work is approved in accordance with instructions issued by the Defence Council under the Defence (Armed Forces) Regulations 1939 as being urgent work of national importance, and

• (b) the Defence Council have by order under those Regulations authorised members of any forces to be temporarily employed in such work.

32

Section 57 (maximum duration of service for call out under section 56) applies in relation to members of the second transitional class as if—

• (a) in subsection (4), for “12 months” there were substituted “ 9 months ”,

• (b) in subsection (6), for “12 months” there were substituted “ 9 months ”,

• (c) in subsection (8)(c), for “6 months” there were substituted “ 3 months ”, and

• (d) in subsection (11), for “3 years” there were substituted “ 27 months ”.

33

Section 57A(3) (agreement to alter limits in section 57) applies in relation to members of the second transitional class as if for “12 months” there were substituted “ 9 months ”.

125A

• (1) This subsection applies to contact details for—

• (a) a member of an ex-regular reserve force, or

• (b) a person to whom section 66 (officers and former servicemen liable to recall) applies,

which are held by HMRC in connection with a function of HMRC.

• (2) HMRC may supply contact details to which subsection (1) applies to the Secretary of State for the purpose of enabling the Secretary of State—

• (a) to contact a member of an ex-regular reserve force in connection with the person's liability, or potential liability, to be called out for service under Part 6;

• (b) to contact a person to whom section 66 applies in connection with the person's liability, or potential liability, to be recalled for service under Part 7.

• (3) Where a person's contact details are supplied under subsection (2) for a purpose described in that subsection, they may also be used for defence purposes connected with the person's service (whether past, present or future) in the reserve forces or regular services.

• (4) In this section, “HMRC” means Her Majesty's Revenue and Customs.

125B

• (1) A person who receives information supplied under section 125A may not disclose it except with the consent of the Commissioners for Her Majesty's Revenue and Customs (which may be general or specific).

• (2) A person who contravenes subsection (1) is guilty of an offence.

• (3) It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

• (a) that the disclosure was lawful, or

• (b) that the information had already lawfully been made available to the public.

• (4) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and Customs Act 2005 apply to an offence under this section as they apply to an offence under that section.

• (5) Nothing in section 107 or 108 (institution of proceedings and evidence) applies in relation to an offence under this section.

125C

• (1) Nothing in section 125A or 125B authorises the making of a disclosure which contravenes the data protection legislation.

• (2) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Power to make transitional, consequential etc. provisions.