Reserve Forces Act 1996
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Change 1
42 Discharge etc. of special members.
(1) This section applies when a man of a reserve force who is a special member (the man) ceases by virtue of section 41 to be subject to the liability mentioned in section 40(1). (2) The man shall be discharged with all convenient speed in such manner as may be prescribed unless he enters into a new employee agreement or continues as an ordinary member in accordance with subsection (3) or (4). (3) If the man— (a) was an ordinary member of the reserve force concerned immediately before becoming a special member; and (b) was then serving for a term which has not expired, he shall resume his service as an ordinary member (and so cease to be a special member) in accordance with orders or regulations under section 4. (4) If the man has been given permission by an authorised officer to continue as a member on ceasing to be a special member he shall, unless he resumes service under subsection (3), become an ordinary member (and so cease to be a special member) in accordance with orders or regulations under section 4. (5) Nothing in this section affects the exercise of any power apart from this section to discharge a man of a reserve force or the operation of section 13(4) in relation to a man who is discharged.
42 Discharge etc. of special members.
(1) This section applies when a man of a reserve force who is a special member (the man) ceases by virtue of section 41 to be subject to the liability mentioned in section 40(1). (2) The man shall be discharged with all convenient speed in such manner as may be prescribed unless he enters into a new employee agreement or continues as an ordinary member in accordance with subsection (3) or (4). (3) If the man— (a) was an ordinary member of the reserve force concerned immediately before becoming a special member; and (b) was then serving for a term which has not expired, he shall resume his service as an ordinary member (and so cease to be a special member) in accordance with orders or regulations under section 4. (4) If the man has been given permission by an authorised officer to continue as a member on ceasing to be a special member he shall, unless he resumes service under subsection (3), become an ordinary member (and so cease to be a special member) in accordance with orders or regulations under section 4. (5) Nothing in this section affects the exercise of any power apart from this section to discharge a man of a reserve force or the operation of section 13(4) in relation to a man who is discharged.
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