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

77 Interpretation of Part VII.

(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; “man” means a person of either sex who is of or below the rank or rate of warrant officer; “prescribed” means prescribed in regulations made by the Defence Council; “recall order” means an order under section 68 and “recall” means recall for permanent service under such an order; “service”, in relation to service under a recall order, means permanent service; and “the United Kingdom” includes the Channel Islands and the Isle of Man. (2) Regulations made by the Defence Council under this Part may include incidental or supplementary provision and shall be laid before each House of Parliament after being made.

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78 Individual exemptions etc. from call out.

(1) The Secretary of State may by regulations make provision enabling a person liable to be called out, or any employer of such a person, to apply for any deferral, revocation, entitlement to release or exemption which, under the regulations, may be granted to the person by or in respect of whom such an application is made. (2) The regulations may provide for applications to be made by or in respect of a person— (a) after the service on him of a call-out notice (“the original notice”) but before he is accepted into service; (b) after he has been accepted into service. (3) The regulations may provide, in relation to an application made before a person is accepted into service, for the following to be available— (a) the deferral of his obligation to present himself for service in pursuance of the original notice; (b) the revocation of the original notice; (c) if the original notice was served under Part IV, an exemption from liability to be called out under that Part or Part VI; (d) if the original notice was served under Part V, an exemption from liability to be called out under that Part; (e) if the original notice was served under Part VI, an exemption from liability to be called out on the authority of— (i) the call-out order specified in that notice, (ii) any other call-out order made under the provision of Part VI so specified, (iii) any call-out order made under any provision of Part VI; (f) if the original notice was served under Part VI and the person concerned has entered into a special agreement, an exemption from liability to be called out under Part IV. (4) The regulations may provide, in relation to an application made after a person has been accepted into service, for the following to be available— (a) a determination that he is entitled to be released from his current period of service; (b) if he is serving under Part IV, an exemption from liability to be called out under that Part or Part VI; (c) if he is serving under Part V, an exemption from liability to be called out under that Part; (d) if he is serving under Part VI, an exemption from any liability to be called out on the authority of— (i) the call-out order under which he is currently serving, (ii) any other call-out order made under the same provision of Part VI as the order under which he is currently serving, (iii) any call-out order made under any provision of Part VI; or (e) if a determination is given that he is entitled to be released from service under Part VI and provision such as is mentioned in section 80(2)(f) applies in his case, an exemption from liability to be called out under Part IV.

Propose a change

79 Individual exemptions etc. from recall.

(1) The Secretary of State may by regulations make provision enabling any person liable to be recalled, or any employer of such a person, to apply for any deferral, revocation, entitlement to release or discharge or exemption which, under the regulations, may be granted to the person by or in respect of whom such an application is made. (2) Regulations under this section may provide for applications to be made by or in respect of a person— (a) after the service on him of a recall notice (“the original notice”) but before he is accepted into service; or (b) after he has been accepted into service. (3) The regulations may provide, in relation to an application made before a person is accepted into service, for the following to be available— (a) the deferral of his obligation to present himself for service in pursuance of the original notice; (b) the revocation of the original notice; (c) an exemption from liability to be recalled on the authority of the recall order specified in the original notice or any other recall order. (4) The regulations may provide, in relation to an application made after a person has been accepted into service, for the following to be available— (a) a determination that he is entitled to be released from service or discharged; (b) an exemption from liability to be recalled on the authority of the recall order under which he is currently serving or any other recall order. (5) Regulations under this section may also make provision in relation to— (a) persons liable to be recalled under the Reserve Forces Act 1980, or (b) officers liable to be recalled otherwise than under this Act, corresponding to the provision which may be made in relation to persons liable to be recalled under Part VII.

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80 Effect of exemptions etc.

(1) The regulations may provide for an application for deferral or revocation which is not determined before the person concerned is accepted into service to be treated as an application for a determination that he is entitled to be released or discharged. (2) The regulations may provide— (a) for the terms on which deferrals, revocations, determinations of entitlement to release or discharge and exemptions may be granted (including any limitations or conditions subject to which they may be granted); (b) for determinations of entitlement to release or discharge and exemptions to take effect immediately or at such other time as may be specified in the determination or exemption; (c) for deferrals or exemptions to lapse at such time, at the end of such period or on the occurrence of such event as may be specified in the deferral or exemption; (d) for determinations of entitlement to release or discharge which do not take effect immediately to lapse as mentioned in paragraph (c); (e) for persons released from service under Part IV in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(3) as if they had not been in that service and released; (f) for persons released from service under Part VI in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(1)(d) as if they had not been in that service; (g) for waiver of deferrals, determinations of entitlement to release or discharge and exemptions. (3) The regulations shall secure that deferrals or exemptions, or any determinations mentioned in subsection (2)(d), do not remain in force for more than 12 months from the day on which they take effect.

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81 Regulations under section 78 or 79: supplementary.

(1) The regulations may, without prejudice to the generality of sections 78 to 80, make provision with respect to— (a) the persons by whom applications of any description may be made and the grounds on which applications may be made; (b) the persons who are to be regarded as employers for any purpose of the regulations; (c) the procedure for making applications (including the times when they may be made and any information to be provided by the applicant); (d) the determination of applications by any person or body identified by, or of a description specified in, the regulations; (e) any matters to be taken into account in determining applications; (f) the provision of information, in connection with any matter relevant to the lapse of a deferral, determination of entitlement to release or discharge or an exemption, by the person on whose application it was granted; and (g) any incidental or supplementary matters. (2) The persons who may be regarded under the regulations as the employer of a person in permanent service may include a former employer of that person who is, by virtue of the Reserve Forces (Safeguard of Employment) Act 1985, under an obligation to reinstate him at the end of his current period of permanent service. (3) The regulations may make different provision for different cases and may, in particular, make different provision for cases where the regulations enable an application to be made by or in respect of a person who is in permanent service on call-out or recall— (a) if he is serving under Part IV or a call-out order, after the making of an order under section 61 which extends the time at which he would (apart from the order) become entitled to be released from permanent service; (b) if he is serving under a call-out order— (i) after the making of an order under section 53(11) or 55(11) which extends the time at which he would (apart from the order) become entitled to be released from permanent service; (ii) after the postponement under section 53(3), 55(3) or 57(3) of his entitlement to be released; (c) if he is serving under a recall order, after the making of an order under section 69(6) which extends the time at which he would (apart from the order) become entitled to be released or discharged; (d) after he has agreed under any provision of this Act to extend (or further extend) his period of permanent service; but the regulations need not enable applications to be made in every case where a person is served with a call-out or recall notice or is in permanent service. (4) Any person making an application under the regulations who is aggrieved by the determination of his application may appeal to a reserve forces appeal tribunal. (5) Before making any regulations, the Secretary of State shall consult such bodies or persons as he considers appropriate, including— (a) a body appearing to him to represent the interests of employers, a body appearing to him to represent the interests of employees and a body appearing to him to represent the interests of the self-employed; and (b) the associations established under Part XI or a body appearing to him to represent those associations. (6) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section and section 80 “regulations” means any regulations made under section 78 or 79.

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82 Offences in connection with regulations under section 78 or 79.

(1) Any person who fails without reasonable excuse to provide information, in connection with the lapse of a deferral, entitlement to be released or discharged or an exemption, which he is required to provide under regulations under section 78 or 79 is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both). (2) Any person who— (a) in connection with an application under regulations under section 78 or 79, or (b) in connection with the lapse of a deferral, determination of entitlement to release or discharge or an exemption granted under those regulations, knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

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83 Payments to individuals in respect of financial loss attributable to call out or recall.

(1) The Secretary of State may by regulations provide for the making of payments by him to any persons in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to their being in permanent service under Part IV or Part V or under a call-out or recall order. (2) The regulations may provide for payments to be made, in relation to any description of financial loss, towards the provision of pensions, allowances or gratuities to or in respect of a person making a claim. (3) The regulations may, in relation to any payments to be made as mentioned in subsection (2)— (a) provide for any such payments to be made to any person of a prescribed description; (b) require such a person to accept such payments (notwithstanding anything which would otherwise prevent him from doing so) on such terms as may be determined by or under the regulations; and (c) require persons of any such description to provide information in connection with claims for such payments or, where payments have been made to them, in connection with the use made of the money. (4) A person making a claim under the regulations who is dissatisfied with the determination of his claim may appeal against the determination to a reserve forces appeal tribunal.

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84 Payments to employers etc. in respect of financial loss attributable to call out or recall.

(1) The Secretary of State may by regulations provide for the making of payments by him to employers (including employers who are self-employed) in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to any of their employees being in permanent service under Part IV or Part V or under a call-out or recall order. (2) Regulations under this section may also provide for the making of payments by the Secretary of State to the partners of a person carrying on business in partnership in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to that person being in permanent service under Part IV or Part V or under a call-out or recall order. (3) A person making a claim under regulations under this section who is dissatisfied with the determination of his claim may appeal against the determination to a reserve forces appeal tribunal.

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84A Other payments to employers etc of members of reserve forces

(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, and is not a member of that force for the purpose only of becoming a special member; “prescribed” means prescribed by regulations made under this section.

Propose a change

85 Regulations under section 83, 84 or 84A: supplementary.

(1) Regulations under section 83, 84 or 84A (“the regulations”) may, in particular, make provision with respect to— (a) the descriptions of persons who are entitled to claim payments ...; (aa) in the case of regulations under section 83 or 84, the descriptions of the kinds of financial loss for which claims can be made; (ab) in the case of regulations under section 84A, the descriptions of the kinds of training and other voluntary duties for which claims can be made; (b) the matters in respect of which, and any circumstances in which, persons are or are not entitled to any payment; (c) the sums, or the method of determining the sums, to be paid; (d) the procedure for making claims (including the time within which claims must be made and the information to be provided by persons making claims); (e) in the case of regulations under section 83, the provision of information by persons in connection with claims made by their employees or former employees; (f) in the case of regulations under section 84 or 84A, the provision of information by persons in respect of whom claims are made; (g) the determination of claims by any person or body identified by, or of a description specified in, the regulations; (h) any incidental or supplementary matters. (2) The regulations may make different provision for different cases (but need not require payments to be made in all cases or for all losses , permanent service, training or other voluntary duties). (3) Before making any regulations under section 83, 84 or 84A the Secretary of State shall consult such persons or bodies as he considers to be appropriate, including— (a) a body appearing to him to represent the interests of employers, a body appearing to him to represent the interests of employees and a body appearing to him to represent the interests of the self-employed; and (b) the associations established under Part XI or a body appearing to him to represent those associations. (3A) A payment that has been made, or may be made, under regulations under section 84A is not to be taken into account when calculating a financial loss for the purposes of regulations under section 84. (4) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Regulations under section 83 or 84 may also make provision for claims by or in respect of— (a) persons recalled under the Reserve Forces Act 1980, or (b) officers recalled otherwise than under this Act, corresponding to the provision which may be made for claims by or in respect of persons recalled under Part VII.

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86 Power to suspend payments due to national danger or great emergency.

(A1) Where a call-out order under section 52 is in force, the Secretary of State may by order suspend the operation of any regulations under section 83, 84 or 84A. (1) Where ...a recall order under section 68 is in force, the Secretary of State may by order suspend the operation of any regulations under section 83 or 84. (2) An order under this section may suspend the application of the regulations concerned in all cases or in such cases as may be specified in the order; and the effect of such an order is— (a) to prevent any right to payments arising or (in relation to people who have already been called out or recalled or who are already undertaking training or performing other voluntary duties) accruing further under the suspended regulations in respect of the period during which the order is in force; and (b) to suspend for that period any obligation of the Secretary of State to make payments under the suspended regulations in respect of earlier periods. (3) An order under this section— (a) shall be made for such period not exceeding 12 months as may be specified in the order; and (b) may (if it has not otherwise expired) be revoked by the Secretary of State by order. (4) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) An order revoking an order under this section shall be made by statutory instrument and shall be laid before each House of Parliament after being made.

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87 Offences in connection with claims for payments.

(1) Any person who, in connection with a claim by another person under regulations under section 83, 84 or 84A, fails without reasonable excuse to provide information which he is required to provide by the regulations is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both). (2) Any person who, in connection with a claim under regulations under section 83, 84 or 84A, knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence and liable, on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

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88 The reserve forces appeal tribunals.

(1) Tribunals to be known as reserve forces appeal tribunals (referred to in this Part as “appeal tribunals”) may be constituted for the purpose of exercising the jurisdiction mentioned in section 89. (2) Such number of appeal tribunals shall be constituted, sitting at such times and such places, as the Secretary of State may from time to time determine. (3) The Secretary of State may make available such officers and staff as he may consider necessary for carrying out the administrative work of appeal tribunals.

Propose a change

89 Jurisdiction and powers of appeal tribunals.

(1) An appeal lies to an appeal tribunal by virtue of section 81(4) in respect of a determination of an application under regulations under section 78 or 79. (2) An appeal lies to an appeal tribunal by virtue of sections 83(4), 84(3) and 84A(6) in respect of a determination of a claim under regulations under sections 83, 84 and 84A respectively. (3) An appeal to an appeal tribunal shall be by way of a rehearing of the application or claim. (4) An appeal tribunal hearing an appeal may dismiss the appeal or may make any determination which the person or body hearing the original application or claim had the power to make. (5) The person or body responsible for making determinations under the regulations under which the application or claim was made shall (so far as may be necessary) give effect under those regulations to the determination of the appeal tribunal.

Propose a change

90 Appointment of panel of chairmen.

(1) There shall be a panel of chairmen of reserve forces appeal tribunals appointed by the Lord Chancellor . . .. (1A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs. (2) No person may be appointed to the panel unless he is— (a) a person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990); (b) an advocate or solicitor in Scotland of at least 10 years’ standing; or (c) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 10 years’ standing. (3) The appointment of a person to the panel shall be for such term as may be determined by the Lord Chancellor . . .. (4) A member of the panel shall vacate his office on the day on which he attains the age of 75. (5) There shall be paid to members of the panel such fees, allowances and expenses (if any) as the Secretary of State may determine.

Propose a change

91 Appointment of panel of ordinary members.

(1) There shall be a panel of ordinary members of reserve forces appeal tribunals appointed by the Lord Chancellor . . .. (2) Before appointing a member of the panel, the Lord Chancellor shall consult such persons or bodies as he considers to be appropriate, including— (a) a body appearing to him to represent the interests of employers, a body appearing to him to represent the interests of employees and a body appearing to him to represent the interests of the self-employed; and (b) the associations established under Part XI or a body appearing to him to represent those associations. (2A) The Lord Chancellor may not appoint a member of the panel unless the appropriate senior judge concurs. (3) The appointment of a person to the panel shall be for such term as may be determined by the Lord Chancellor . . .. (4) A member of the panel shall vacate his office on the day on which he attains the age of 75. (5) There shall be paid to members of the panel such fees, allowances and expenses (if any) as the Secretary of State may determine.

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92 Membership of tribunals etc.

(1) An appeal tribunal shall consist of a chairman and two other members selected in accordance with subsection (2) from the appropriate panel appointed under section 90 or 91. (2) The chairman and other members are to be selected as follows— (a) in the case of an appeal tribunal which is to sit in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) in the case of an appeal tribunal which is to sit in Scotland, by the Lord President of the Court of Session; (c) in the case of an appeal tribunal which is to sit in Northern Ireland, by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor. (3) Where a tribunal which is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79 requests it, a serving or retired officer of any regular service or reserve force may be appointed in accordance with subsection (4) to advise the tribunal on any relevant service matters. (4) The officer is to be appointed as follows— (a) in the case of an appeal tribunal which is sitting in England and Wales, by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor; (b) in the case of an appeal tribunal which is sitting in Scotland, by the Lord President of the Court of Session; (c) in the case of an appeal tribunal which is sitting in Northern Ireland, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland.

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92A Sections 90 to 92: supplementary

(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).

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93 General power to make rules.

(1) The Secretary of State may make rules with respect to the practice and procedure to be followed on appeals to appeal tribunals. (2) Rules under this section may, in particular, include provision— (a) limiting the time within which appeals may be brought; (b) specifying the parties to any proceedings; (c) allowing the chairman of an appeal tribunal to determine preliminary and incidental matters; (d) requiring persons to produce documents, to attend to give evidence, and to give evidence on oath; (e) as to the payment of expenses and allowances to persons producing documents or attending to give evidence; (f) enabling or requiring proceedings to be held in private; (g) as to the person who may represent the parties; and (h) as to the award and recovery of costs. (3) No person shall be required by any rules under this section to give any evidence or produce any document or other material at a hearing held by an appeal tribunal which he could not be compelled to give or produce in civil proceedings in any court in that part of the United Kingdom in which the hearing takes place. (4) Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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94 Offences in connection with appeals.

(1) Any person who, in connection with an appeal to an appeal tribunal, knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence. (2) Any person who without reasonable excuse— (a) fails to provide information in connection with an appeal to an appeal tribunal which he is required to provide by rules under section 93; or (b) fails to attend an appeal tribunal when required to do so by rules under that section, is guilty of an offence. (3) Any person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

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95 Offences against orders and regulations under section 4.

(1) A member of a reserve force who— (a) when required by or in pursuance of orders or regulations under section 4 to attend at any place, fails without reasonable excuse to attend in accordance with the requirement; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) by any fraudulent means obtains or is an accessory to the obtaining of any pay or other sum contrary to orders or regulations under section 4; (d) knowingly or recklessly makes a statement false in any material particular in giving any information required by orders or regulations under section 4; or (e) fails without reasonable excuse to comply with orders or regulations under section 4, is guilty of an offence .... (1A) A member of a reserve force (“A”) commits an offence if— (a) a superior officer (“B”), in pursuance of orders or regulations under section 4, is acting in the execution of his office; (b) A's behaviour towards B is threatening or disrespectful; and (c) A knows or has reasonable cause to believe that B is a superior officer. (1B) For the purposes of subsection (1A)— (a) “superior officer” has the same meaning as in the Armed Forces Act 2006; (b) section 11(3) of that Act (meaning of “behaviour” and “threatening”) applies. (1C) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial). (2) A person guilty of an offence under this section is liable— (a) on conviction by the Court Martial— (i) in the case of an offence under subsection (1)(a) or (e) or (1A), to any punishment mentioned in rows 5 to 14 of the Table in section 164 of the Armed Forces Act 2006; (ii) in the case of an offence under subsection (1)(c) or (d), to any punishment mentioned in that Table, but any sentence of imprisonment ... imposed in respect of the offence must not exceed 51 weeks; (b) on summary conviction by a civil court— (i) in the case of an offence under subsection (1)(a)... or (e) or (1A), to a fine not exceeding level 3 on the standard scale; and (ii) in the case of an offence under subsection (1)(c) or (d), to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). (2A) For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 applies (ex-servicemen etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the reference to rows 5 to 14 were to rows 5 to 12. (3) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, subsection (2)(a)(ii) has effect as if the reference to 51 weeks were to 6 months.

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96 Failure to attend for service on call out or recall.

(1) A member of a reserve force served with a call-out notice under any provision of this Act who, without leave lawfully granted or reasonable excuse— (a) fails to present himself for service at the time and place specified in the call-out notice under section 32(3)(b), 43(4)(b) or 58(3)(c) (as the case may be); (b) having so presented himself, fails to remain there until accepted into service or informed that he is not to be accepted into service in pursuance of that notice; or (c) where he has for any reason failed to present himself at the time and place so specified or to remain there, fails — (i) to present himself to a person specified in the call-out notice or to any other authorised officer; or (ii) having so presented himself, to remain until accepted into service or informed that he is not to be accepted into service in pursuance of that notice, is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). (2) Subsection (1) applies to a person liable to recall as it applies to a member of a reserve force— (a) with the substitution for references to a call-out notice of references to a recall notice; and (b) as if paragraph (a) of that subsection referred to the time and place specified in the recall notice under section 70(3)(c). (3) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

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97 Failure to attend for duty or training.

(1) A member of a reserve force who has entered into a full-time service section 24 commitment or an additional duties commitment and, without leave lawfully granted or reasonable excuse, fails to appear at the time and place at which he is required to attend— (a) in the case of a full-time service section 24 commitment, to begin the period of full-time service contemplated by the commitment; (b) in the case of an additional duties commitment, to begin a period of service under the commitment, is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). (2) A member of a reserve force who— (a) is required to undergo a period of training in accordance with section 22, a special agreement or an employee agreement (or any other requirement applicable to special members), and (b) fails, without leave lawfully granted or reasonable excuse, to appear at any time and place at which he is required to attend, is guilty of absence without leave. (3) An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

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98 Punishment etc. of offences of desertion or absence without leave.

(1) An offence under section 8 or 9 of the Armed Forces Act 2006 (offences under service law of desertion or absence without leave) committed by a member of a reserve force is triable summarily by a civil court (as well as being triable by the Court Martial). (2) A member of a reserve force convicted by the Court Martial of an offence under section 96(1) or 97(1) is punishable as for an offence under section 8 or 9 (as the case may be) of the Armed Forces Act 2006. (3) A member of a reserve force convicted by a civil court of— (a) an offence under section 96(1) or 97(1), or (b) an offence under section 8 or 9 of the Armed Forces Act 2006, is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). (4) A person convicted of an offence under section 97(2) is liable— (a) if convicted by the Court Martial, to the same punishment as for an offence under section 9 of the Armed Forces Act 2006; (b) if convicted by a civil court, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where a member of a reserve force or a person liable to recall is convicted of an offence of desertion, the time which elapsed between the time of his desertion and the time of his apprehension or voluntary surrender shall not be taken into account in reckoning his service for the purpose of release from permanent service or discharge. (7) Orders or regulations under section 4 may include provision for enabling a determination to be made in prescribed circumstances that subsection (6) is to cease to have effect in relation to a period of time or a part of a period of time.

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99 False pretence of illegal absence.

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100A Arrest by civilian police of deserters and absentees without leave

(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.

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101 Inducing a person to desert or absent himself.

(1) A person who, in the United Kingdom or elsewhere, by any means— (a) procures or persuades, or attempts to procure or persuade, a member of a reserve force to commit an offence of desertion or absence without leave; (b) knowing that a member of a reserve force is about to commit such an offence, aids or assists him in so doing; or (c) knowing a member of a reserve force to be a deserter or an absentee without leave, procures or persuades or assists him to remain a deserter or absentee, or assists in his rescue from custody, is guilty of an offence. (2) A person who— (a) procures or persuades, or attempts to procure or persuade, a person liable to recall to commit an offence of desertion or absence without leave; (b) knowing that such a person is about to commit such an offence, aids or assists him in so doing; or (c) knowing a person liable to recall to be a deserter or absentee without leave, procures or persuades or assists him to remain a deserter or absentee, or assists in his rescue from custody, is guilty of an offence. (3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction— (a) in the case of an offence involving an offence of desertion or a deserter, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both); and (b) in the case of an offence of absence without leave or an absentee without leave, to a fine not exceeding level 5 on the standard scale.

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102 Record of illegal absence.

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103 Trial of offences as offences under service law.

(1) Any offence which is by virtue of this Part triable by court-martial shall for all purposes of and incidental to the arrest, trial and punishment of the offender (including the summary disposal of the case by an officer having power to deal with the case) be deemed to be an offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, as the case may require. (2) References in those Acts to forfeitures and stoppages shall be construed in relation to any such offence as references to such forfeitures and stoppages as may be prescribed.

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104 Jurisdiction of civil courts.

(1) A civil court in the United Kingdom with jurisdiction in the place where a person is for the time being shall have jurisdiction to try him for any offence under this Part which is triable by such a court. (2) Subsection (1) applies notwithstanding that the alleged offence was committed outside the jurisdiction of the court, except that where it was committed in any part of the United Kingdom it shall be triable only by a court in that part of the United Kingdom. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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105 Trial of offences by civil court.

(1) Any offence to which this section applies is (as well as being triable by the Court Martial) triable summarily by a civil court and punishable with imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) This section applies to any service offence (other than an offence under this Act or an offence mentioned in section 98(1)) committed by a member of a reserve force when not in permanent service under Part IV or Part V or under a call-out order.

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106 Offences triable by court-martial or civil court.

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107 Time for institution of proceedings.

(1) Proceedings against a person before ... (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a civil court, in respect of an offence under this Act or a service offence and alleged to have been committed by him during his period of service in a reserve force may be instituted whether or not he has ceased to be a member of that reserve force. (2) Such proceedings may, notwithstanding anything in any other enactment, be instituted at any time within 2 months after— (a) the time at which the offence becomes known to his commanding officer; or (b) the time at which he is apprehended, whichever is later. (3) Subsection (2) applies to proceedings for an offence under section 96(1) committed by a person liable to recall as it applies to proceedings mentioned in subsection (1) of this section.

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108 Evidence.

(1A) The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act. (1B) Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Where by virtue of any provision of this Act a document is admissible in evidence or is evidence of any matter stated in it in proceedings before a civil court in England and Wales, it shall be sufficient evidence of the matter so stated in such proceedings in Scotland.

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109 Meaning of “civil court”.

In this Part a reference to a civil court shall be construed as a reference— (a) in England and Wales, to a magistrates’ court; (b) in Scotland, to the sheriff sitting as a court of summary jurisdiction; and (c) in Northern Ireland, to a court of summary jurisdiction.

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110 Establishment of associations for areas in the UK.

(1) A territorial, auxiliary and volunteer reserve association (in this Part referred to as an “association”) may be established for any area in the United Kingdom determined by the Defence Council. (2) If the Defence Council alters the areas into which the United Kingdom has for the time being been divided for the purposes of subsection (1), the Defence Council may by order alter the area for which an existing association is established. (3) An order under subsection (2)— (a) may make supplemental, incidental and transitional provision (including provision as respects the transfer of property, rights and liabilities and financial adjustments); and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) In this section “the United Kingdom” includes the Channel Islands and the Isle of Man.

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111 Constitution of associations.

(1) An association shall be constituted, and its members shall be appointed and hold office, in accordance with a scheme made by the Defence Council. (2) Schedule 4 (schemes made under subsection (1)) shall have effect. (3) The Secretary of State may by order make such modifications (whether by way of addition, substitution or otherwise) to Schedule 4 as he considers appropriate. (4) An order under subsection (3)— (a) may contain such supplemental, incidental and transitional provision as the Secretary of State considers appropriate; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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112 General duties of associations.

(1) It shall be the duty of an association to make itself acquainted with, and conform to, the plan of the Defence Council for the organisation within the area for which the association is established of— (a) Her Majesty’s land and air forces; and (b) the reserve naval and marine forces in so far as the plan relates to matters with respect to which functions are conferred on the association under section 113(1). (2) It shall also be the duty of an association to give advice and assistance in relation to the military and air-force resources and capabilities of the area for which the association is established to the Defence Council and to such officers as the Defence Council may direct. (3) The advice and assistance which an association may be required to give under subsection (2) includes advice or assistance relating to any matter in connection with— (a) local support for, or for the activities of, Her Majesty’s land and air forces, the reserve naval and marine forces and the cadet forces mentioned in section 113(1)(c); and (b) the availability of financial and material assistance (including land and buildings) for any activity or requirement of those forces or for any other defence purpose, which the association is requested to provide by the Defence Council or any officer mentioned in subsection (2).

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113 Powers and duties assignable to associations.

(1) An association shall have such powers and duties connected with the organisation and administration of— (a) Her Majesty’s land and air forces; (b) the reserve naval and marine forces; or (c) the Army Cadet Force, the Air Training Corps, the Combined Cadet Force and the Sea Cadet Corps, as may for the time being be transferred or assigned to it by order of Her Majesty signified under the hand of the Secretary of State or, subject to such an order, by regulations under this Part. (2) The powers and duties which may be so transferred or assigned include any powers conferred on or vested in Her Majesty, and any powers or duties conferred or imposed on the Defence Council or the Secretary of State, by statute or otherwise, and in particular respecting the following matters— (a) the organisation of the units of the Army Reserve and the Royal Auxiliary Air Force and their administration (including maintenance) at all times other than when training or on duty or when in permanent service; (b) the recruiting of members for the volunteer reserve forces; (c) the provision and maintenance of buildings, rifle ranges, magazines, sites of camps, aerodromes, landing grounds and hangars; (d) facilitating the provision of areas to be used for manoeuvres; (e) arranging with employers as to leave of absence for training, and ascertaining, after consultation with the representatives of the main employers in the area for which the association is established, the times of training which having regard to their businesses are best suited to the circumstances of civil life; (f) establishing or assisting cadet units and also rifle and aviation clubs; (g) the provision of transport for the peace-time requirements of the reserve forces; (h) providing accommodation for the safe custody of arms or equipment; (i) the supply of the requirements, when called out, of the units of the reserve forces within the area for which the association is established in so far as those requirements are directed by the Defence Council to be met locally; (j) the welfare of members and former members of Her Majesty’s land and air forces and of members and former members of the reserve naval and marine forces. (3) For the purposes of subsection (2)(i) the Defence Council shall make and issue to associations regulations specifying, so far as practicable, the requirements mentioned in that paragraph which are to be met locally. (4) An association shall not have any powers of command or training over any part of Her Majesty’s forces. (5) The members of an association shall not be under any pecuniary liability for any act done by them in their capacity as members in carrying out the provisions of this Part.

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113A Duty to prepare report on volunteer reserve forces

(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.

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