Law

Reserve Forces Act 1996

United Kingdom · statute

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In force since 2023-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 153 provisions
  1. Title and introductory text
  2. 1 Power to maintain the reserve forces.
  3. 2 Membership of the reserve forces.
  4. 3 Control of numbers in the reserve forces.
  5. 4 Orders and regulations concerning the reserve forces.
  6. 5 Organisation of the reserve forces.
  7. 6 Permanent staff of the reserve forces.
  8. 7 Pay, bounty and allowances of the reserve forces.
  9. 8 Pensions.
  10. 9 Enlistment of men in the reserve forces.
  11. 10 Enlistment of foreign nationals and residents.
  12. 11 Re-engagement for service.
  13. 12 Service in the reserve land and air forces on enlistment.
  14. 13 Transfer of men between reserve forces.
  15. 14 General powers to discharge men of the reserve forces.
  16. 15 Discharge by commanding officer.
  17. 16 Entitlement to discharge.
  18. 17 Postponement of discharge.
  19. 18 Rights of men on being discharged.
  20. 19 Orders and regulations as to enlistment etc.
  21. 20 Command, posting etc. of men in permanent service.
  22. 21 Service of marines in the Royal Fleet Reserve.
  23. 22 Training obligations of members of the reserve forces.
  24. 23 Power to exempt persons from or relax training obligations.
  25. 24 Commitments to a period of full-time service.
  26. 25 Additional duties commitments.
  27. 26 Parliamentary control of commitments.
  28. 27 Voluntary training and other duties.
  29. 28 Special agreements.
  30. 29 Employers’ consent before entering agreements.
  31. 30 New employer’s consent to continuation of agreements.
  32. 31 Termination of agreements.
  33. 32 Call out of persons who have entered into special agreements.
  34. 33 Acceptance into service under Part IV.
  35. 34 Release from service under Part IV.
  36. 35 Exercise of certain functions under section 32 or 33.
  37. 36 Parliamentary control of numbers and reports.
  38. 37 Interpretation of Part IV.
  39. 38 Purpose of Part V.
  40. 39 Employee agreements.
  41. 40 Liability of special members to be called out or to train.
  42. 41 Cessation of liabilities.
  43. 42 Discharge etc. of special members.
  44. 43 Call out of special members.
  45. 44 Acceptance into service of special members.
  46. 45 Release from service of special members.
  47. 46 Exercise of certain functions under section 43 or 44.
  48. 47 Parliamentary control of numbers and reports.
  49. 48 Application of Part V to Crown servants, employees of sub-contractors and self-employed persons.
  50. 49 Interpretation of Part V.
  51. 50 Liability of members of reserve forces under call-out orders.
  52. 51 Geographical extent of liability to service on call out.
  53. 52 Call out for national danger, great emergency or attack on the UK.
  54. 53 Maximum duration of service on call out under section 52.
  55. 53A Agreement to alter limits in section 53
  56. 54 Call out for warlike operations.
  57. 55 Maximum duration of service on call out under section 54.
  58. 55A Agreement to alter limits in section 55
  59. 56 Call out for certain purposes.
  60. 57 Maximum duration of service on call out under section 56.
  61. 57A Agreement to alter limits in section 57
  62. 58 Call out of members of a reserve force on authority of call-out order.
  63. 59 Acceptance into service under call-out order.
  64. 60 Release from service under call-out order.
  65. 61 Alteration of authority for call out.
  66. 62 Power to exempt persons from or relax call-out liability.
  67. 63 Exercise of certain functions under section 58 or 61.
  68. 64 Interpretation of Part VI.
  69. 65 Liability of officers and former servicemen to be recalled.
  70. 66 Persons who may be recalled under Part VII.
  71. 67 Geographical extent of liability to service on recall.
  72. 68 Recall for national danger, great emergency or attack on the UK.
  73. 69 Maximum duration of service on recall.
  74. 70 Recall of persons on authority of recall order.
  75. 71 Acceptance into service under recall order.
  76. 72 Release and discharge from service under recall order.
  77. 73 Power to exempt persons from or relax recall liability.
  78. 74 Exercise of certain functions under section 70.
  79. 75 Power to require information.
  80. 76 Recall not to affect service pensions.
  81. 77 Interpretation of Part VII.
  82. 78 Individual exemptions etc. from call out.
  83. 79 Individual exemptions etc. from recall.
  84. 80 Effect of exemptions etc.
  85. 81 Regulations under section 78 or 79: supplementary.
  86. 82 Offences in connection with regulations under section 78 or 79.
  87. 83 Payments to individuals in respect of financial loss attributable to call out or recall.
  88. 84 Payments to employers etc. in respect of financial loss attributable to call out or recall.
  89. 84A Other payments to employers etc of members of reserve forces
  90. 85 Regulations under section 83, 84 or 84A: supplementary.
  91. 86 Power to suspend payments due to national danger or great emergency.
  92. 87 Offences in connection with claims for payments.
  93. 88 The reserve forces appeal tribunals.
  94. 89 Jurisdiction and powers of appeal tribunals.
  95. 90 Appointment of panel of chairmen.
  96. 91 Appointment of panel of ordinary members.
  97. 92 Membership of tribunals etc.
  98. 92A Sections 90 to 92: supplementary
  99. 93 General power to make rules.
  100. 94 Offences in connection with appeals.
  101. 95 Offences against orders and regulations under section 4.
  102. 96 Failure to attend for service on call out or recall.
  103. 97 Failure to attend for duty or training.
  104. 98 Punishment etc. of offences of desertion or absence without leave.
  105. 99 False pretence of illegal absence.
  106. 100A Arrest by civilian police of deserters and absentees without leave
  107. 101 Inducing a person to desert or absent himself.
  108. 102 Record of illegal absence.
  109. 103 Trial of offences as offences under service law.
  110. 104 Jurisdiction of civil courts.
  111. 105 Trial of offences by civil court.
  112. 106 Offences triable by court-martial or civil court.
  113. 107 Time for institution of proceedings.
  114. 108 Evidence.
  115. 109 Meaning of “civil court”.
  116. 110 Establishment of associations for areas in the UK.
  117. 111 Constitution of associations.
  118. 112 General duties of associations.
  119. 113 Powers and duties assignable to associations.
  120. 113A Duty to prepare report on volunteer reserve forces
  121. 114 Expenses of associations.
  122. 115 Accounts of associations.
  123. 116 Joint committees of associations.
  124. 117 Regulations as to associations.
  125. 118 Compensation of displaced employees.
  126. 119 Winding-up of associations.
  127. 120 Disbanding of units: charitable property.
  128. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  129. 122 Safeguard of employment for members of reserve forces.
  130. 123 Billeting.
  131. 124 Exemption from tolls etc.
  132. 125 Absence for voting.
  133. 125A Supply of contact details by HMRC
  134. 125B Prohibition on disclosure of contact details supplied under section 125A
  135. 125C Data protection
  136. 126 Postponement of transfer to the reserve or discharge of servicemen.
  137. 127 Interpretation.
  138. 128 Transitory provisions.
  139. 129 Application of Act to members of transitional classes.
  140. 130 Power to make transitional, consequential etc. provisions.
  141. 131 Consequential amendments and repeals.
  142. 132 Short title, extent and commencement.
  143. SCHEDULE 1 Enlistment
  144. SCHEDULE 2 Deserters and absentees without leave
  145. SCHEDULE 3 Evidence
  146. SCHEDULE 4 Provisions of schemes for the constitution of associations
  147. SCHEDULE 5 Charitable property on disbanding of units
  148. SCHEDULE 6
  149. SCHEDULE 7 Postponement of transfer to the reserve or discharge from the regular services
  150. SCHEDULE 8 Transitory and transitional provisions
  151. SCHEDULE 9 Application of Act to members of transitional classes
  152. SCHEDULE 10 Minor and consequential amendments
  153. SCHEDULE 11 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

153 provisions

40 Liability of special members to be called out or to train.

(1) A special member of a reserve force is liable (until the liability ceases by virtue of section 41)— (a) to be called out for permanent service under this Part; and (b) to fulfil any training obligations which are specified in the agreement concerned or are prescribed for special members of the force and applicable in his case. (2) A special member of a reserve force shall, subject to the terms of the agreement and the provisions of this Act, serve as a member of that force when he is not in permanent service, and when he is in permanent service, on any prescribed terms and conditions which are applicable in his case. (3) Subject to any limitation in the agreement and any prescribed terms and conditions applicable in his case, a special member is liable to serve on being accepted into permanent service, and to be required to train, anywhere in the world. (4) A period of service as a special member shall count towards any period for which a person may be required to serve on transfer to a reserve force from any of the regular services. (5) Sections 16 and 22 and Parts IV and VI shall not apply to members of a reserve force while they are special members.

Propose a change

41 Cessation of liabilities.

(1) The liability of a special member under section 40(1) to be called out, and to fulfil training obligations, shall cease when any of the following events occurs— (a) the expiry of any period specified in his employee agreement as the maximum duration of that liability; (b) the termination of his employment with the employer whose consent was required to his entry into the employee agreement; (c) the expiry of a notice given by him— (i) to the Secretary of State; or (ii) to any other person specified by his agreement or prescribed for the purpose of receiving such notices; (d) the expiry of a notice given by the Secretary of State to him; and (e) any other event specified in his agreement or prescribed as an event leading to the cessation of that liability; but that liability shall not cease by virtue of paragraph (c) while the operation of that paragraph in relation to him is suspended by an order made under subsection (6). (2) A notice under paragraph (c) or (d) of subsection (1) shall expire at the end of such period not exceeding three months— (a) as is specified in the employee agreement for the purpose of that paragraph, or (b) if no such period is specified, as is prescribed for that purpose. (3) Subsection (1) shall not apply to a special member who is in permanent service when an event mentioned in paragraph (a), (b), (d) or (e) of that subsection occurs until he is released from that service under section 45. (4) A notice under subsection (1)(c) may not be given by a person who is in permanent service; and any such notice which a person has . . . given shall cease to have effect if he is accepted into permanent service before it has expired. (5) The Secretary of State shall give a notice under subsection (1)(d) if it appears to him that his arrangements with the special member’s employer have ceased to have effect. (6) Where a call-out order under section 52 or 54 is in force, the Secretary of State may by order suspend the operation of paragraph (c) of subsection (1) of this section in relation to persons of a description specified in the order; and while an order under this subsection is in force— (a) no notices under that paragraph may be given by the persons so specified; and (b) any notice which was given by a person so specified before the order was made shall cease to have effect. (7) An order under subsection (6) shall expire at the end of such period not exceeding six months as is specified in the order, without prejudice to the power of the Secretary of State to make more than one such order in relation to persons of the same description.

Propose a change

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.

Propose a change

43 Call out of special members.

(1) The Secretary of State may call out for service any special member of a reserve force if he considers that it is appropriate, in the light of operational requirements and the arrangements he has made with the employer of that person, for that person to continue to undertake work of direct or indirect benefit to the armed forces. (2) The Secretary of State may call out a special member by serving a notice on that person requiring him— (a) to present himself for service at a specified time and place; and (b) to remain at that place until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (3) A call-out notice shall also require the person concerned, if he fails to comply with the requirements mentioned in subsection (2)— (a) to present himself for service to any person specified in the notice or to any authorised officer; and (b) having so presented himself, to remain until either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (4) A call-out notice shall specify— (a) the person to whom it applies and the agreement by virtue of which he is a special member; and (b) the time and place at which he is to present himself for service; and it may also specify places and times at which and persons to whom the person may present himself for service if he fails to present himself at the time and place specified under paragraph (b) of this subsection. (5) A call-out notice shall (without affecting any liability arising from a failure to comply with the notice) cease to have effect, if not revoked sooner, when the special member concerned— (a) ceases to be liable to be called out for service by virtue of section 41; or (b) is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (6) A call-out notice served on a special member may— (a) be varied by the Secretary of State by serving a variation notice on him; (b) be revoked by the Secretary of State by serving a revocation notice or a subsequent call-out notice on him. (7) A notice under this section may be served on a person by delivering it to him or by leaving it at, or sending it by post to, his last known address; and any call-out or variation notice delivered to that address by registered post or recorded delivery shall be deemed to have been served on him. (8) No steps may be taken against a person in respect of failure to comply with a call-out notice under this section unless the notice or, as the case may be, any variation notice was received by him or is deemed to have been served on him by virtue of subsection (7). (9) In this section and section 44 “service” means permanent service.

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44 Acceptance into service of special members.

(1) A special member served with a call-out notice who— (a) presents himself for service to an authorised officer at the time and place specified in the notice under section 43(4)(b); (b) presents himself for service to an authorised officer at any other time or place; or (c) is brought before an authorised officer after the time so specified, may be accepted into service by that officer. (2) Where such a person is accepted into service, he shall be informed by the authorised officer in the prescribed manner that he has been accepted into service by virtue of subsection (1). (3) If an authorised officer decides that such a person should not be accepted into service, he shall inform that person in the prescribed manner that he is not to be accepted into service in pursuance of the call-out notice concerned. (4) Any liability of such a person arising from a failure to comply with a call-out notice is not affected by his acceptance into service or by a decision not to accept him into service. (5) A special member liable to be called out under this Part who— (a) is of a description for the time being specified in directions of the Secretary of State; (b) has not been served with a call-out notice; and (c) presents himself for service to an authorised officer, may be accepted into service by that officer. (6) Where a person is accepted into service by virtue of subsection (5)— (a) the authorised officer shall inform him in the prescribed manner that he has been accepted into service by virtue of that subsection; and (b) he shall be deemed to have been called out under this Part.

Propose a change

45 Release from service of special members.

(1) A special member who has been accepted into permanent service shall remain in that service until released under subsection (2). (2) A special member who is in permanent service shall be released from that service with all convenient speed in such manner as may be prescribed when he is no longer required by Her Majesty to be in that service or (if not released sooner) when he is entitled to be released under subsection (3). (3) A special member is entitled to be released from permanent service— (a) subject to paragraph (b), at the expiry of the period of 9 months beginning with the day on which he was accepted into service or of such shorter period as may be specified in the agreement concerned; (b) if he extends (or further extends) his service under subsection (6), at the expiry of the period for which his service is extended; (c) when, on an application under section 78, it is determined that he is entitled to be released. (4) Orders or regulations under section 4 may make provision enabling or requiring a special member who has been accepted into permanent service to be treated— (a) if the circumstances of his call out or acceptance into service are of a prescribed description, and (b) for the purpose of calculating when he is entitled to be released by virtue of subsection (3)(a), as having been accepted into service on an earlier day than that on which he was actually accepted. (5) Provision made for the purposes of subsection (4) shall secure— (a) that any earlier day applicable for the purpose of calculating when a person is entitled to be released from service is to be notified to him as soon as is practicable after the day on which he was actually accepted into service; and (b) that the period beginning with the earlier day is reckoned as part of his relevant service for the purposes of sections 53(13), 55(13), 57(11) and 69(8). (6) A special member who is in permanent service may, with the written consent of the employer whose consent was required for his entering into the agreement in such form as may be prescribed, extend his period of service beyond the day on which he would (apart from that extension) be entitled to be released.

Propose a change

46 Exercise of certain functions under section 43 or 44.

(1) The Secretary of State may authorise— (a) the Defence Council; (b) any particular officers; or (c) any officers of a description specified in the authorisation, to exercise any function of his under section 43 or 44, subject to such limitations and conditions as may be so specified. (2) An authorisation under subsection (1) relating to the exercise of any function of the Secretary of State by the Defence Council shall (unless the authorisation provides otherwise) be deemed to permit the Defence Council to authorise— (a) any particular officers; or (b) any officers of a description determined by the Defence Council, to exercise the function, subject to such limitations and conditions as may be so specified. (3) Arrangements made under subsection (1) or (2) for the discharge of any function shall not prevent the exercise of the function by the Secretary of State or (in the case of arrangements under subsection (2)) the Defence Council.

Propose a change

47 Parliamentary control of numbers and reports.

(1) The number of special members of a reserve force shall not exceed the number for that force for the time being authorised by Parliament. (2) Any special members of a reserve force who are in permanent service shall not be reckoned in any numbers for the time being authorised by Parliament for any of the regular services. (3) The Secretary of State shall from time to time lay before each House of Parliament a report with respect to the exercise of his powers to call out persons under this Part. (4) Any such report may be made either with respect to any use made, or with respect to any use proposed to be made, of those powers.

Propose a change

48 Application of Part V to Crown servants, employees of sub-contractors and self-employed persons.

(1) This Part shall have effect in relation to any Crown servant as if he were employed under a contract of service with such person as may be specified in directions made by the Secretary of State as his employer for the purposes of this Part. (2) In this Part— (a) references to arrangements between an employer and the Secretary of State include references to arrangements between another person and the Secretary of State in pursuance of which the employer supplies, or is to supply, goods or services to or for the benefit of the armed forces; and (b) references to an employer who has made arrangements with the Secretary of State include references to an employer who supplies, or is to supply, goods or services to or for the benefit of the armed forces in pursuance of arrangements made by another person and the Secretary of State. (3) This Part shall have effect in relation to any person who is self-employed as if— (a) references to an employee were references to a self-employed person; (b) references to arrangements between an employer and the Secretary of State were references to arrangements— (i) between the self-employed person and the Secretary of State; or (ii) between another person and the Secretary of State in pursuance of which the self-employed person concerned supplies, or is to supply, goods or services to or for the benefit of the armed forces; (c) any requirement for the written consent of an employer were omitted; (d) section 41(1)(b) were omitted.

Propose a change

49 Interpretation of Part V.

In this Part— “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of this Part; “call-out notice” means a notice under section 43; “employee agreement” has the meaning given in section 38; “ordinary member” means a member of a reserve force who— is not a special member of that force; and is not a member of that force for the purpose only of becoming a special member.

Propose a change

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

(1) Members of a reserve force are liable to be called out under this Part for permanent service when any call-out order authorising the calling out of those members is in force. (2) A call-out order authorises, subject to subsection (3), the calling out under this Part— (a) of any members of a reserve force; or (b) if the order is so limited, of any members of a reserve force of a description specified in the order; and for the purposes of paragraph (b) a group of members of a force may be described by reference to the unit or body of the force to which they belong or any other criterion. (3) A call-out order does not authorise the calling out under this Part of any person who is not liable to be called out under the order by virtue of regulations under section 62 or an exemption granted on an application under regulations under section 78. (4) A person who is in service under a call-out order shall serve until released from that service under section 60. (5) A person who is released from a period of service under a call-out order is, subject to the provisions of this Act, liable to be called out again on the authority of the same or any other call-out order. (6) The number of persons who are in service under a call-out order shall not be reckoned in any numbers for the time being authorised by Parliament for any of the regular services.

Propose a change

51 Geographical extent of liability to service on call out.

(1) A person who is called out under this Part for service under a call-out order is liable to serve anywhere in the world unless the terms of service applicable in his case restrict his liability on being so called out to service within the United Kingdom or any area of the United Kingdom. (2) A person whose liability for service is restricted as mentioned in subsection (1) may elect irrevocably in such manner as may be prescribed to be liable for worldwide service— (a) whenever he is called out for service under this Part; (b) whenever he is called out for service on the authority of a call-out order under any provision of this Part specified in the election; or (c) during any period of service (including a current period of service) under a call-out order specified in the election. (3) The terms of service of a person who makes an election under subsection (2) are modified to the extent required by the election. (4) In this section “the United Kingdom” includes the Channel Islands and the Isle of Man.

Propose a change

52 Call out for national danger, great emergency or attack on the UK.

(1) Her Majesty may make an order authorising the call out under this Part of members of a reserve force— (a) if it appears to Her that national danger is imminent or that a great emergency has arisen; or (b) in the event of an actual or apprehended attack on the United Kingdom. (2) A call-out order under this section shall have effect (subject to any order under subsection (3)) until it is revoked. (3) Her Majesty may make an order providing that a call-out order under this section shall cease to authorise the call out of any person who is not in service under the order. (4) An order under subsection (3) shall not affect the operation of any call-out notice which is served on any person before the day on which the order under that subsection is made. (5) Her Majesty may make an order revoking a call-out order under this section (whether or not its effect has been restricted by an order under subsection (3)). (6) Where an order under subsection (5) revoking a call-out order is made— (a) the call-out order shall cease to authorise the calling out of anyone who could otherwise be called out on the authority of that order (including anyone served with a call-out notice before the order under subsection (5) is made who has not been accepted into service); and (b) any person in service under the call-out order shall be entitled to be released. (7) A call-out order under this section, and any order under subsection (3) or (5), shall be signified under the hand of the Secretary of State; and the making of such an order shall be reported forthwith to each House of Parliament. (8) If, when a call-out order under this section is made, Parliament is separated by an adjournment or prorogation which will not expire within 5 days— (a) a proclamation shall be issued for the meeting of Parliament within 5 days; and (b) Parliament shall meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or prorogued to that day. (9) In this section “the United Kingdom” includes the Channel Islands and the Isle of Man.

Propose a change

53 Maximum duration of service on call out under section 52.

(1) This section applies for the purpose of determining when members of a reserve force (“the force”) who are in service under a call-out order made under section 52 (“the order”) are, if not released sooner, entitled to be released from that service. (2) A man is entitled to be released on the expiry of his current term as a member of the force. (3) The Defence Council or any authorised officer may, before a man who is in service under the order becomes entitled to be released by virtue of this section, postpone his entitlement to be released by virtue of subsection (2). (4) A man’s entitlement to be released by virtue of subsection (2) may be postponed under subsection (3) more than once, but may not be postponed beyond the end of the period of 12 months beginning with the day on which (disregarding any postponement) that entitlement arises. (5) A postponement of a man’s entitlement to be released by virtue of subsection (2) shall not prevent him becoming entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10). (6) Any member of the force is entitled to be released when his current service under the order, or his current service under the order and any relevant service in aggregate, exceeds 3 years. (7) A person may enter into a written agreement consenting to the extension of his period of service under the order beyond— (a) the day on which he is entitled to be released by virtue of subsection (6), or (b) the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released by virtue of subsection (10), until the end of such period beginning with that day, not exceeding 12 months, as may be specified in the agreement. (8) An agreement under subsection (7) may not be entered into at any time— (a) when the person concerned is not in service under the order; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) more than 12 months before the day on which (disregarding the agreement) he is entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10). (9) An extension by an agreement under subsection (7) shall prevent the person concerned becoming entitled to be released on the day on which, apart from the agreement, he would be entitled to be released under subsection (6) or, as the case may be, subsection (10); but such an agreement shall not prevent a man becoming entitled to be released by virtue of subsection (2). (10) A person who has entered into an agreement under subsection (7) is entitled to be released at the end of the period specified in the agreement as the period for which his permanent service is being extended. (11) Her Majesty may by order signified under the hand of the Secretary of State provide that, in the case of such descriptions of person as may be specified in the order, subsection (6) shall apply as if for the words “3 years” there were substituted “ 5 years ”. (12) The making of an order under subsection (11) shall be reported forthwith to each House of Parliament. (13) In this section “relevant service”, in relation to a person in service under the order, means any permanent service under this Part, or Part IV, V or VII, in the 6 years immediately preceding the first day of his current service under the order.

Propose a change

53A Agreement to alter limits in section 53

(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.

Propose a change

54 Call out for warlike operations.

(1) The Secretary of State may make an order under this section authorising the calling out of members of a reserve force if it appears to him that warlike operations are in preparation or progress. (2) A call-out order under this section— (a) shall specify a date, not more than 12 months from the day on which the order is made, on which the order is (unless an order under subsection (3) is made) to cease to authorise the call out of any person who is not in service under the order; and (b) shall have effect (subject to paragraph (a) or to any order under subsection (3)) until it is revoked. (3) The Secretary of State may, before the date specified in the call-out order under subsection (2)(a), make an order providing that a call-out order under this section shall cease to authorise the call out of any person who is not in service under the order. (4) The restriction of the effect of a call-out order under this section— (a) by an order under subsection (3), or (b) by subsection (2)(a), shall not affect the operation of any call-out notice served on any person before the day on which the order under subsection (3) is made or, as the case may be, the day specified in the call-out order. (5) The Secretary of State may make an order revoking a call-out order under this section (whether or not its effect has been restricted as mentioned in subsection (4)). (6) Where an order under subsection (5) revoking a call-out order is made— (a) the call-out order shall cease to authorise the calling out of anyone who could otherwise be called out on the authority of that order (including anyone served with a call-out notice before the order under subsection (5) is made who has not been accepted into service); and (b) any person in service under the call-out order shall be entitled to be released. (7) The making of any call-out order under this section, or any order under subsection (3) or (5), shall be reported forthwith to each House of Parliament.

Propose a change

55 Maximum duration of service on call out under section 54.

(1) This section applies for the purpose of determining when members of a reserve force (“the force”) who are in service under a call-out order made under section 54 (“the order”) are, if not released sooner, entitled to be released from that service. (2) A man is entitled to be released on the expiry of his current term as a member of the force. (3) The Defence Council or any authorised officer may, before a man who is in service under the order becomes entitled to be released by virtue of this section, postpone his entitlement to be released by virtue of subsection (2). (4) A man’s entitlement to be released by virtue of subsection (2) may be postponed under subsection (3) more than once, but may not be postponed beyond the end of the period of 12 months beginning with the day on which (disregarding any postponement) that entitlement arises. (5) A postponement of a man’s entitlement to be released by virtue of subsection (2) shall not prevent him becoming entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10). (6) Any member of the force is entitled to be released when his current service under the order, or his current service under the order and any relevant service in aggregate, exceeds 12 months. (7) A person may enter into a written agreement consenting to the extension of his period of service under the order beyond— (a) the day on which he is entitled to be released by virtue of subsection (6), or (b) the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released by virtue of subsection (10), until the end of such period beginning with that day, not exceeding 6 months, as may be specified in the agreement. (8) An agreement under subsection (7) may not be entered into at any time— (a) when the person concerned is not in permanent service under the order; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) more than 6 months before the day on which (disregarding the agreement) he is entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10). (9) An extension by an agreement under subsection (7) shall prevent the person concerned becoming entitled to be released on the day on which, apart from the agreement, he would be entitled to be released under subsection (6) or, as the case may be, subsection (10); but such an agreement shall not prevent a man becoming entitled to be released by virtue of subsection (2). (10) A person who has entered into an agreement under subsection (7) is entitled to be released at the end of the period specified in the agreement as the period for which his permanent service is being extended. (11) Her Majesty may by order signified under the hand of the Secretary of State provide that, in the case of such descriptions of person as may be specified in the order, subsection (6) shall apply as if for the words “12 months” there were substituted “ 2 years ”. (12) The making of an order under subsection (11) shall be reported forthwith to each House of Parliament. (13) In this section “relevant service”, in relation to a person in service under the order, means any permanent service under this Part, or Part IV, V or VII, in the 3 years immediately preceding the first day of his current service under the order.

Propose a change

55A Agreement to alter limits in section 55

(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.

Propose a change

56 Call out for certain purposes.

(1B) The Secretary of State may make an order under this section authorising the calling out of members of a reserve force if it appears to the Secretary of State that it is necessary or desirable to use members of a reserve force for any purpose for which members of the regular services may be used. (2) A call-out order under this section— (a) shall specify a date, not more than 12 months from the day on which the order is made, on which the order is (unless an order under subsection (3) is made) to cease to authorise the call out of any person who is not in service under the order; and (b) shall have effect (subject to paragraph (a) or to any order under subsection (3)) until it is revoked. (3) The Secretary of State may, before the date specified in the call-out order under subsection (2)(a), make an order providing that a call-out order under this section shall cease to authorise the call out of any person who is not in service under the order. (4) The restriction of the effect of a call-out order under this section— (a) by an order under subsection (3), or (b) by subsection (2)(a), shall not affect the operation of any call-out notice served on any person before the day on which the order under subsection (3) is made or, as the case may be, the day specified in the call-out order. (5) The Secretary of State may make an order revoking a call-out order under this section (whether or not its effect has been restricted as mentioned in subsection (4)). (6) Where an order under subsection (5) revoking a call-out order is made— (a) the call-out order shall cease to authorise the calling out of anyone who could otherwise be called out on the authority of that order (including anyone served with a call-out notice before the order under subsection (5) is made who has not been accepted into service); and (b) any person in service under the call-out order shall be entitled to be released. (7) The making of any call-out order under this section, or any order under subsection (3) or (5), shall be reported forthwith to each House of Parliament.

Propose a change

57 Maximum duration of service on call out under section 56.

(1) This section applies for the purpose of determining when members of a reserve force (“the force”) who are in service under a call-out order made under section 56 (“the order”) are, if not released sooner, entitled to be released from that service. (2) A man is entitled to be released on the expiry of his current term as a member of the force. (3) The Defence Council or any authorised officer may, before a man who is in service under the order becomes entitled to be released by virtue of this section, postpone his entitlement to be released by virtue of subsection (2). (4) A man’s entitlement to be released by virtue of subsection (2) may be postponed under subsection (3) more than once, but may not be postponed beyond the end of the period of 12 months beginning with the day on which (disregarding any postponement) that entitlement arises. (5) A postponement of a man’s entitlement to be released by virtue of subsection (2) shall not prevent him becoming entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10). (6) Any member of the force is entitled to be released when his current service under the order, or his current service under the order and any relevant service in aggregate, exceeds 12 months. (7) A person may enter into a written agreement consenting to the extension of his period of service under the order beyond— (a) the day on which he is entitled to be released by virtue of subsection (6), or (b) the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released by virtue of subsection (10), until the end of such period, not exceeding 6 months, as may be specified in the agreement. (8) An agreement under subsection (7) may not be entered into at any time— (a) when the person concerned is not in service under the order; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) more than 6 months before the day on which (disregarding the agreement) he is entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10). (9) An extension by an agreement under subsection (7) shall prevent the person concerned becoming entitled to be released on the day on which, apart from the agreement, he would be entitled to be released under subsection (6) or, as the case may be, subsection (10); but such an agreement shall not prevent a man becoming entitled to be released by virtue of subsection (2). (10) A person who has entered into an agreement under subsection (7) is entitled to be released at the end of the period specified in the agreement as the period for which his permanent service is being extended. (11) In this section “relevant service”, in relation to a person in service under the order, means any permanent service under this Part, or Part IV, V or VII, in the 3 years immediately preceding the first day of his current service under the order.

Propose a change

57A Agreement to alter limits in section 57

(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.

Propose a change

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

(1) Where a call-out order is in force authorising the call out of members of a reserve force, the Secretary of State may call out any member who is liable to be called out under that order by serving a notice on him requiring him— (a) to present himself for service at a specified time and place; and (b) to remain at that place until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (2) A call-out notice shall also require the person concerned, if he fails to comply with the requirements mentioned in subsection (1)— (a) to present himself for service to any person specified in the notice or to any other authorised officer; and (b) having so presented himself, to remain until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (3) A call-out notice served on a person shall specify— (a) the person to whom it applies; (b) the call-out order authorising the calling out of that person and the provision of this Part under which the order is made; and (c) the time and place at which the person is to present himself for service under that order; and it may also specify places and times at which and persons to whom the person may present himself for service if he fails to present himself at the time and place specified under paragraph (c) of this subsection. (4) A call-out notice served on a person may— (a) be varied by the Secretary of State by serving a variation notice on him; (b) be revoked by the Secretary of State by serving a revocation notice or a subsequent call-out notice on him. (5) A call-out notice served on a person on the authority of a call-out order shall (without affecting any liability arising from a failure to comply with the notice) cease to have effect, if not revoked sooner— (a) when an order revoking the call-out order is made after the day on which the notice was served but before the time mentioned in paragraph (b); or (b) when the person concerned is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (6) The restriction of the effect of a call-out order— (a) by an order under section 52(3), 54(3) or 56(3) (as the case may be); or (b) in the case of a call-out order under section 54 or 56, by subsection (2)(a) of that section, shall not affect the power of the Secretary of State under subsection (4) of this section to vary a call-out notice served before the effect of the call-out order is so restricted. (7) A notice under this section may be served on a person by delivering it to him or by leaving it at, or sending it by post to, his last known address; and any call-out or variation notice delivered to that address by registered post or recorded delivery shall be deemed to have been served on him. (8) No steps may be taken against a person in respect of failure to comply with a call-out notice under this section unless the notice or, as the case may be, any variation notice was received by him or is deemed to have been served on him by virtue of subsection (7).

Propose a change

59 Acceptance into service under call-out order.

(1) A person served with a call-out notice who— (a) presents himself for service to an authorised officer at the time and place specified in the notice under section 58(3)(c); (b) presents himself for service to an authorised officer at any other time or place; or (c) is brought before an authorised officer after the time so specified, may be accepted into service by that officer. (2) Where such a person is accepted into service, he shall be informed by the authorised officer in the prescribed manner that he has been accepted into service by virtue of subsection (1). (3) If an authorised officer decides that such a person should not be accepted into service, he shall inform that person in the prescribed manner that he is not to be accepted into service in pursuance of the call-out notice concerned. (4) Any liability of such a person arising from a failure to comply with a call-out notice is not affected by his acceptance into service or by a decision not to accept him into service. (5) Where a call-out order is in force, any person who is liable to be called out under the order who— (a) has not been served with a call-out notice; and (b) presents himself for service to an authorised officer, may be accepted into service under that call-out order by that officer. (6) Where a person is accepted into service under a call-out order by virtue of subsection (5)— (a) the authorised officer shall inform him in the prescribed manner that he has been accepted into service under that order by virtue of that subsection; and (b) he shall be deemed to have been called out under this Part for service under that order.

Propose a change

60 Release from service under call-out order.

(1) A person who has been accepted into service under a call-out order shall remain in that service until released under subsection (2). (2) A person who is in service under a call-out order shall be released from that service with all convenient speed in such manner as may be prescribed when he is no longer required by Her Majesty to be in that service or (if not released sooner)— (a) when he becomes entitled to be released by virtue of section 53, 55 or 57, as the case may be; (b) when an order revoking that call-out order is made; or (c) when, on an application under section 78, it is determined that he is entitled to be released. (3) Orders or regulations under section 4 may make provision enabling or requiring a person who has been accepted into service under a call-out order to be treated— (a) if the circumstances of his call out or acceptance into service are of a prescribed description, and (b) for the purpose of calculating when he is entitled to be released by virtue of section 53, 55 or 57, as having been accepted into service on an earlier day than that on which he was actually accepted. (4) Provision made for the purposes of subsection (3) shall secure— (a) that any earlier day applicable for the purpose of calculating when a person is entitled to be released from service is to be notified to him as soon as is practicable after the day on which he was actually accepted into service; and (b) that the period beginning with the earlier day is reckoned as part of his relevant service for the purposes of section 53(13), 55(13), 57(11) and 69(8).

Propose a change

61 Alteration of authority for call out.

(1) The Secretary of State may direct that— (a) a person who is in service under a call-out order (“the original order”), or (b) a person who is in service under Part IV, shall cease serving under that order or that Part and, in either case, shall continue in permanent service on the authority of a call-out order specified in the direction (“the new order”). (2) A call-out order may be specified in a direction under this section if it is in force on the day on which the direction is given and would, but for his being in permanent service already, authorise the calling out of the person concerned. (3) A person in respect of whom a direction under this section is given— (a) shall continue in permanent service after the direction is given as if he had been called out under the new order; and (b) shall be deemed to have begun service under the new order at the time at which his service under the original order began (or is deemed under this subsection to have begun) or, as the case may be, his service under Part IV began. (4) A direction under this section may be given in respect of two or more named persons or persons of a description specified in the direction. (5) Any person in permanent service in respect of whom a direction under this section is given shall be informed of the effect of the direction as soon as is practicable after the direction is given.

Propose a change

62 Power to exempt persons from or relax call-out liability.

(1) Orders or regulations under section 4 may provide for exempting any members of a reserve force, in such cases as may be prescribed, from liability to be called out under the authority of the provisions of this Part or, as the case may be, any of those provisions. (2) Such orders or regulations may also provide for relaxing, in such cases as may be prescribed, the liability to be called out under the authority of the provisions of this Part or, as the case may be, any of those provisions.

Propose a change

63 Exercise of certain functions under section 58 or 61.

(1) The Secretary of State may authorise— (a) the Defence Council; (b) any particular officers; or (c) any officers of a description specified in the authorisation, to exercise any function of his under sections 58 and 61, subject to such limitations and conditions as may be so specified. (2) An authorisation under subsection (1) above relating to the exercise of any function of the Secretary of State by the Defence Council shall (unless the authorisation provides otherwise) be deemed to permit the Defence Council to authorise— (a) any particular officers; or (b) any officers of a description determined by the Defence Council, to exercise the function, subject to such limitations and conditions as may be so specified. (3) Arrangements made under subsection (1) or (2) for the discharge of any function shall not prevent the exercise of the function by the Secretary of State or (in the case of arrangements under subsection (2)) the Defence Council.

Propose a change

64 Interpretation of Part VI.

(1) In this Part— “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of this Part; “call-out notice” means a notice under section 58; “call-out order” means an order under section 52, 54 or 56; and “service under a call-out order”, and “service” mean permanent service on being called out under this Part on the authority of a call-out order. (2) The powers under sections 52, 54 and 56 to make a call-out order are each to be interpreted as including power to do so in circumstances in which an order could also be made under another of those sections.

Propose a change

65 Liability of officers and former servicemen to be recalled.

(1) Persons to whom section 66 applies are liable, in accordance with this Part, to be recalled for service when any recall order which authorises their recall is in force. (2) A person who is recalled for service as a man of any of the regular services shall, while in service under the recall order concerned, be deemed to be enlisted in the regular service concerned. (3) A person who has been released or discharged from a period of service under a recall order may, subject to the provisions of this Act, be recalled again on the authority of the same or any other recall order. (4) Any question whether a person may be recalled on the authority of a recall order shall be determined by reference to the circumstances at the time he is served with a recall notice or, if he is accepted into service under section 71(5), when he is accepted into service. (5) The numbers of persons who are recalled for service under a recall order shall not be reckoned in any numbers for the time being authorised by Parliament for any of the regular services.

Propose a change

66 Persons who may be recalled under Part VII.

(1) This section applies to any person not serving in the regular services or the reserve forces who— (a) holds a commission as an officer; or (b) has served as a man in the regular services and has not become an officer since being discharged or transferred to the reserve from the regular services, unless he is excluded (whether permanently or temporarily) by any provision of this section. (2) This section does not apply to any person falling within subsection (1)(b)— (a) after he has attained the age of 55; (b) in the case of a person who was discharged or transferred to the reserve from the regular army or the Royal Air Force, after the end of the period of 18 years beginning with the day on which he was so discharged or transferred; or (c) in the case of a person who was discharged or transferred to the reserve from the Royal Navy or the Royal Marines, after the end of the period of 6 years beginning with the day on which he was so discharged or transferred. (3) The re-enlistment of a person falling within subsection (1)(b) in the regular services shall prevent or, as the case may be, shall terminate any application of this section to him by reference to an earlier discharge or transfer to the reserve. (4) References to discharge or transfer to the reserve in subsections (1) and (2)— (a) do not include discharge from a period of permanent service under a recall order; and (b) in relation to a man who has been discharged or transferred to the reserve more than once, refer to his most recent discharge or transfer. (5) This section does not apply to any person who is permanently exempted, or to any person while he is temporarily exempted, from all liability to be recalled under this Part— (a) by regulations made by virtue of section 73; or (b) by an exemption granted on an application made under regulations under section 79. (6) Subject to any election made under subsection (7), this section does not apply to any person who— (a) became an officer before the day on which this Part comes into force, or (b) enlisted in the regular services before that day and has not re-enlisted, re-engaged or extended his service in the regular services, or become an officer, on or after that day. (7) A person falling within paragraph (a) or (b) of subsection (6) may, with the consent of an authorised officer, irrevocably elect in such manner as may be prescribed not to be excluded from the operation of this section by virtue of that subsection. (8) An election under subsection (7) may be made by a person who is serving in the regular forces or the reserve forces as well as a person who is not so serving; and any election is without prejudice to the subsequent operation of subsections (1) to (5) in relation to the person concerned.

Propose a change

67 Geographical extent of liability to service on recall.

(1) A person who is recalled shall, subject to the following provisions of this section, be liable to serve anywhere in the world. (2) A person who, when he was last discharged or transferred to the reserve from the regular services, was liable only for service within the United Kingdom or any area of the United Kingdom, shall not be liable to serve outside the United Kingdom or, as the case may be, that area on being recalled. (3) A person whose liability for service on recall is restricted as mentioned in subsection (2) may elect irrevocably in such manner as may be prescribed to be liable for worldwide service— (a) whenever he is recalled for service; (b) during any period of service (including a current period of service) under a recall order specified in the election. (4) Subsection (2) shall not apply— (a) to any person who makes an election under subsection (3)(a), or (b) in relation to a period of service covered by the election, to a person who makes an election under subsection (3)(b). (5) A person who is serving in the regular services or the reserve forces may make an election under subsection (3) before that service ceases.

Propose a change

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

(1) Her Majesty may make an order authorising the recall under this Part of persons to whom section 66 applies— (a) if it appears to Her that national danger is imminent or that a great emergency has arisen; or (b) in the event of an actual or apprehended attack on the United Kingdom. (2) A recall order authorises, subject to subsection (3), the recall of any person to whom section 66 applies or, if the order is so limited, any such person who is of a description specified in the order. (3) A recall order does not authorise the recall of any person to whom section 66 applies who is not liable to be recalled under the order by virtue of regulations made by virtue of section 73 or an exemption granted on an application under regulations under section 79. (4) A recall order shall have effect (subject to any order under subsection (5)) until it is revoked. (5) Her Majesty may make an order providing that any recall order shall cease to authorise the recall of any person who is not in service under the order. (6) An order under subsection (5) shall not affect the operation of any recall notice which is served on any person on the authority of the recall order concerned before the day on which the order under that subsection is made. (7) Her Majesty may make an order revoking any recall order (whether or not its effect has already been limited by an order under subsection (5)). (8) Where an order under subsection (7) revoking a recall order is made— (a) the recall order shall cease to authorise the recall of anyone who could otherwise be recalled on the authority of the recall order (including anyone served with a recall notice before the order under subsection (7) is made who has not been accepted into service); and (b) anyone in service under the recall order shall be entitled to be released or discharged from that service. (9) A recall order, or an order under subsection (5) or (7), shall be signified under the hand of the Secretary of State and the making of any such order shall be reported forthwith to each House of Parliament. (10) If, when a recall order is made, Parliament is separated by an adjournment or prorogation which will not expire within 5 days— (a) a proclamation shall be issued for the meeting of Parliament within 5 days; and (b) Parliament shall meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or prorogued to that day.

Propose a change

69 Maximum duration of service on recall.

(1) This section applies for the purpose of determining when persons in service under a recall order (“the recall order”) are entitled to be released from service (in the case of officers) or discharged (in the case of men). (2) A person is (if not released or discharged sooner) entitled to be released from service or discharged when his current service under the recall order, or his current service and any relevant service in aggregate, exceeds 3 years. (3) A person in service under the recall order may enter into a written agreement consenting to the extension of his period of service— (a) beyond the day on which he is entitled to be released or discharged by virtue of subsection (2); or (b) beyond the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released or discharged by virtue of subsection (5), until the end of such period, not exceeding 12 months, as may be specified in the agreement. (4) An agreement under subsection (3) may not be entered into at any time— (a) when the person concerned could not be served with a recall notice on the authority of the order or any other recall order; or (b) more than 12 months before the day on which (apart from the agreement) he is entitled to be released or discharged by virtue of subsection (2) or subsection (5). (5) A person who has entered into an agreement under subsection (3)— (a) shall no longer be entitled to be released or discharged on the day on which, apart from the agreement, he is so entitled by virtue of subsection (2) or, as the case may be, paragraph (b) of this subsection; and (b) is entitled to be released from service or discharged at the end of the period specified in the agreement as the period for which his service is being extended. (6) Her Majesty may by order signified under the hand of the Secretary of State provide that, in the case of such descriptions of person as may be specified in the order, subsection (2) shall apply as if for the words “3 years” there were substituted “ 5 years ”. (7) The making of an order under subsection (6) shall be reported forthwith to each House of Parliament. (8) In this section “relevant service” means any service under this Part, or under Part IV, V or VI, within the 6 years immediately preceding the day on which a person’s current service under the recall order began.

Propose a change

70 Recall of persons on authority of recall order.

(1) Where a recall order is in force, the Secretary of State may recall any person who is liable to be recalled on the authority of that order by serving a notice on him requiring him— (a) to present himself for service at a specified time and place; and (b) to remain at that place until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (2) A recall notice shall also require the person concerned, if he fails to comply with the requirements mentioned in subsection (1)— (a) to present himself for service to any person specified in the notice or to any other authorised officer; and (b) having so presented himself, to remain until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (3) A recall notice served on a person shall specify— (a) the person to whom it applies; (b) the recall order which authorises his recall; and (c) the time and place at which the person is to present himself for service under that order; and it may also specify places and times at which and persons to whom that person may present himself for service if he fails to comply with the requirement to present himself at the time and place specified in paragraph (c) of this subsection. (4) A recall notice served on a person may— (a) be varied by the Secretary of State by serving a variation notice on him; (b) be revoked by the Secretary of State by serving a revocation notice or a subsequent recall notice on him. (5) A recall notice served on any person shall (without affecting any liability arising from a failure to comply with the notice) cease to have effect, if not revoked sooner, when— (a) an order under section 68(7) is made; or (b) the person concerned is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice. (6) The making of an order under section 68(5) shall not affect the power of the Secretary of State to vary a recall notice served before the order is made. (7) A notice under this section may be served on a person by delivering it to him or by leaving it at, or sending it by post to, his last known address; and any recall or variation notice delivered to that address by registered post or recorded delivery shall be deemed to have been served on him. (8) No steps may be taken against a person in respect of failure to comply with a recall notice under this section unless the notice or, as the case may be, any variation notice, was received by him or is deemed to have been served on him by virtue of subsection (7).

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71 Acceptance into service under recall order.

(1) A person served with a recall notice who— (a) presents himself for service to an authorised officer at the time and place specified in the notice under section 70(3)(c); (b) presents himself for service to an authorised officer at any other time or place; or (c) is brought before an authorised officer after the time so specified, may be accepted into service by that officer. (2) Where such a person is accepted into service, he shall be informed by the authorised officer in the prescribed manner that he has been accepted into service by virtue of subsection (1). (3) If an authorised officer decides that such a person should not be accepted into service, he shall inform that person in the prescribed manner that he is not to be accepted into service in pursuance of the recall notice concerned. (4) Any liability of such a person arising from a failure to comply with a recall notice is not affected by his acceptance into service or by a decision not to accept him into service. (5) Where a recall order is in force, any person who is liable to be called out on the authority of the order who— (a) has not been served with a recall notice; and (b) presents himself for service to an authorised officer, may be accepted into service under that recall order by that officer. (6) Where a person is accepted into service under a recall order by virtue of subsection (5)— (a) the authorised officer shall inform him in the prescribed manner that he has been accepted into service under that order by virtue of that subsection; and (b) he shall be deemed to have been recalled for service under that order.

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72 Release and discharge from service under recall order.

(1) A person who has been accepted into service under a recall order shall remain in service until released from service or discharged. (2) A person in service under a recall order shall be released or discharged with all convenient speed in such manner as may be prescribed when he is no longer required by Her Majesty to be in that service or (if not released or discharged sooner) when he is entitled to be released or discharged— (a) by virtue of section 68(8) or 69; or (b) by virtue of a determination granted on an application made under regulations under section 79. (3) The Defence Council may by regulations make provision enabling or requiring a person in service under a recall order— (a) if the circumstances of his recall or acceptance into service are of a prescribed description, and (b) for the purpose of calculating when he is entitled to be released or discharged by virtue of section 69, to be treated as having been accepted into service on an earlier day than that on which he was actually accepted. (4) Provision made for the purposes of subsection (3) shall secure— (a) that any earlier day applicable for the purpose of calculating when a person is entitled to be released or discharged is to be notified to him as soon as is practicable after the day on which he was actually accepted into service; and (b) that the period beginning with the earlier day is reckoned as part of his relevant service for the purposes of sections 53(13), 55(13), 57(11) and 69(8). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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73 Power to exempt persons from or relax recall liability.

The Defence Council may by regulations make provision— (a) securing that, in such cases as may be prescribed, persons otherwise liable to be recalled are exempt from that liability; and (b) relaxing, in such cases as may be prescribed, the liability of any persons to be recalled.

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74 Exercise of certain functions under section 70.

(1) The Secretary of State may authorise— (a) the Defence Council; (b) any particular officers; or (c) any officers of a description specified in the authorisation, to exercise any function of his under section 70, subject to such limitations and conditions as may be so specified. (2) An authorisation under subsection (1) relating to the exercise of any function of the Secretary of State by the Defence Council shall (unless the authorisation provides otherwise) be deemed to permit the Defence Council to authorise— (a) any particular officers; or (b) any officers of a description determined by the Defence Council, to exercise the function, subject to such limitations and conditions as may be so specified. (3) Arrangements made under subsection (1) or (2) for the discharge of any function shall not prevent the exercise of the function by the Secretary of State or (in the case of arrangements under subsection (2)) the Defence Council.

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75 Power to require information.

(1) The Secretary of State may, for the purposes of carrying this Part into effect, make regulations requiring any person not serving in the regular services or the reserve forces who falls within paragraph (a) or (b) of section 66(1), to provide such information as may be specified in the regulations. (2) The regulations shall secure that a person who falls within subsection (1)(b) of section 66 is under no obligation to provide information after he ceases to be a person to whom that section applies by virtue of subsection (2) of that section. (3) Without prejudice to the generality of subsection (1), regulations under this section may include provision as to the manner in which, the times when and any person to whom specified information is to be provided. (4) Any person who fails without reasonable excuse to comply with regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) Any person who, in providing information required by regulations under this section, knowingly or recklessly makes a statement false in any material particular is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both). (6) Proceedings against any person for an offence under this section may be taken at any place at which he is for the time being. (7) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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76 Recall not to affect service pensions.

Where a person to or in respect of whom a service pension is payable has been accepted into service under a recall order— (a) any pay or other emoluments to which he is entitled in respect of his service on recall shall not be reduced by reason of the service pension; (b) the service pension shall not be withheld or reduced by reason of any such pay or emoluments.

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