Reserve Forces Act 1996
1996 c. 14
An Act to make provision with respect to the reserve forces of the Crown and persons liable to be recalled for permanent service; to amend the provisions of the Reserve Forces Act 1980 relating to the lieutenancies; to amend the law relating to the postponement of the discharge or transfer to the reserve of regular servicemen; and for connected purposes.
[22nd May 1996]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) Her Majesty may maintain each of the reserve forces in accordance with the provisions of this Act.
(2) In this Act “the reserve forces” means the following forces—
(a) the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marines Reserve (the reserve naval and marine forces;
(b) the Regular Reserve and the Army Reserve (the reserve land forces); and
(c) the Air Force Reserve and the Royal Auxiliary Air Force (the reserve air forces).
(1) The reserve forces shall each consist of officers and men.
(2) The men of the Royal Fleet Reserve, the Regular Reserve and the Air Force Reserve (referred to in this Act as “the ex-regular reserve forces”) may only be—
(a) men transferred to that force under regulations made under section 331 of the Armed Forces Act 2006;
(b) men enlisted or re-engaged in that force.
(3) The men of the Royal Naval Reserve, the Royal Marines Reserve, the Army Reserve and the Royal Auxiliary Air Force (referred to in this Act as “the volunteer reserve forces”) may only be men enlisted or re-engaged in that force.
(4) In this Act, any reference (however expressed) to a man of any of the reserve forces is a reference to a person of either sex who is a member of that force and is of or below the rate or rank of warrant officer.
(1) Parliament shall authorise a maximum number of officers and a maximum number of men for each of the reserve forces; and, accordingly, the numbers of officers and men of a reserve force shall not exceed the numbers for the time being authorised for the force.
(2) The special members of a reserve force shall not be reckoned in the numbers of officers and men for the time being authorised for the force under this section.
4 Orders and regulations concerning the reserve forces.
(1) Her Majesty may, by order signified under the hand of the Secretary of State, make orders with respect to—
(a) the government and discipline of any reserve force; and
(b) all other matters and things relating to that force (except pay, bounty and allowances),
and including any matter authorised to be prescribed by any provision of this Act or expressed to be subject to orders or regulations under this section.
(2) Subject to the provisions of any order under subsection (1), the Defence Council may make regulations with respect to any matters relating to any reserve force, being matters with respect to which Her Majesty may make orders under that subsection.
(3) Orders or regulations under this section may make different provision for different cases (including different forces), and may include such supplementary, consequential, incidental and transitional provisions as appear to Her Majesty or the Defence Council (as the case may be) to be necessary or expedient.
(4) Regulations under this section may be amended or revoked by an order or further regulations under this section; and an order under this section may be amended or revoked by another order under this section.
(5) Any order or regulations under this section shall be laid before each House of Parliament after being made.
(1) Any of the reserve forces may, by or in accordance with orders or regulations under section 4, be formed into such groupings as may be specified in the order or regulations concerned.
(2) Such orders or regulations may, in particular, include provision with respect to—
(a) the formation of the reserve naval or marine forces into divisions, classes or other naval or marine bodies;
(b) the formation of the reserve land forces into corps, regiments, battalions or other military bodies;
(c) the formation of the reserve air forces into wings, squadrons or other air-force bodies; and
(d) the formation of any such bodies as are mentioned in paragraphs (a) to (c) into higher formations, either alone or jointly with any other part of Her Majesty’s armed forces.
(1) Each reserve force may be served by a permanent staff consisting of persons who are members of that force or members of the regular services.
(2) Orders or regulations under section 4 may make provision with respect to the duties of, and any other matter relating to, the permanent staff of any reserve force.
(1) Orders or regulations under section 4 may make provision for—
(a) the payment of pensions, allowances and gratuities by the Secretary of State to or in respect of any persons who are or have been members of the reserve forces;
(b) the making of payments towards the provision of pensions, allowances and gratuities to or in respect of any such persons.
(2) Orders or regulations under section 4 may also make provision for the payment of, or the making of payments towards the provision of, pensions, allowances and gratuities in respect of the death or disability of a person attributable to his service as a member of a reserve force.
(3) The provision made under this section may include provision for or towards the payment of lump sums instead of, or as well as, pensions.
(1) An enlisting officer may enlist as men in any reserve force such persons as he considers suitable.
(2) In this Part “enlisting officer” means—
(a) a lord-lieutenant or deputy lieutenant holding office under the Lieutenancies Act 1997;
(b) an officer of the regular services or of any reserve force;
(c) any consul-general, consul or vice consul or any other person duly exercising the functions of a British consul in any place outside the United Kingdom.
(3) A recruit may not be enlisted in any country or territory outside the United Kingdom which is specified for the purposes of this subsection by Her Majesty by Order in Council.
(4) Schedule 1 (enlistment of men in the reserve forces) shall have effect.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Orders or regulations under section 4 may provide for the enlistment in any reserve force of persons who are not British citizens or who reside outside the United Kingdom.
(2) A person who is not a British citizen or who resides outside the United Kingdom may not be enlisted in a reserve force unless his enlistment is permitted by provision made for the purposes of subsection (1).
(1) A man of a reserve force may be re-engaged for such period, beginning immediately after the end of his current term of service, as may be prescribed.
(2) A man wishing to re-engage—
(a) shall do so before being discharged, but not more than 12 months before the end of his current term of service; and
(b) on that re-engagement shall make such declaration as may be prescribed before an enlisting officer.
(3) A man who has re-engaged under this section may re-engage on a second or subsequent occasion.
12 Service in the reserve land and air forces on enlistment.
(1) Orders and regulations under section 4 may make provision as to the corps, units or bodies into which persons enlisting in a reserve land or air force may be enlisted.
(2) Subject to any restriction of choice imposed by or in accordance with orders or regulations under section 4—
(a) a man of the Army Reserve shall be enlisted for service in such corps and posted to such unit as he may select;
(b) a man of the Royal Auxiliary Air Force shall be enlisted for service in such unit as he may select; and
(c) a man enlisted in the Regular Reserve or the Air Force Reserve shall be enlisted for service in such military body or air-force body (as the case may be) as he may select.
(3) A man of the Army Reserve may not (after his enlistment) be transferred to another corps, or posted or attached to any unit, without his consent.
(4) A man of the Royal Auxiliary Air Force may not (after his enlistment) be posted or attached to any unit without his consent.
(5) A man of the Regular Reserve or Air Force Reserve may not (after his enlistment in or transfer to that force) be appointed, posted, transferred or attached to any military body or air-force body without his consent.
(6) Subsections (3), (4) and (5) do not apply to a man of a reserve force while he is in permanent service.
(1) A man serving in an ex-regular reserve force on transfer from the regular services may, with the consent of an authorised officer, enlist in another reserve force.
(2) A man enlisted in a reserve force (including a man enlisted by virtue of subsection (1)) may, with the consent of an authorised officer, enlist in another reserve force.
(3) On enlisting in a reserve force by virtue of this section the man concerned shall cease to be a member of the reserve force in which he was previously serving.
(4) A man originally serving in an ex-regular reserve force on transfer from the regular services who—
(a) ceases to be a member of a reserve force in which he enlisted by virtue of this section without enlisting or re-enlisting in another reserve force; and
(b) does so before the date on which his term of compulsory service in the ex-regular reserve force to which he was transferred would have expired if he had not ceased to be a member of it on enlisting in another reserve force,
shall, unless an authorised officer otherwise directs, again be a man of the ex-regular reserve force to which he was transferred from the regular services.
(5) A direction by an authorised officer under subsection (4) may be given in respect of—
(a) one or more named individuals; or
(b) persons of any description specified in the direction.
(6) In this section “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council to exercise the powers conferred by this section.
(7) In this Act “term of compulsory service” means the term for which a person is required to serve in an ex-regular reserve force in pursuance of a requirement imposed under the Armed Forces Act 2006.
14 General powers to discharge men of the reserve forces.
(1) The Defence Council may at any time discharge any man of any of the reserve forces.
(2) The power conferred by this section may also be exercised by any officer authorised by or in accordance with directions of the Defence Council to exercise that power.
(3) A man discharged by an authorised officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.
(1) A man of a reserve force may be discharged by his commanding officer, in such manner and on such grounds as may be prescribed.
(2) A man discharged by his commanding officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.
(1) Any man of a reserve force shall (subject to the provisions of this Act) be entitled to be discharged on the expiry of his current term of service.
(2) Any enlisted man of a reserve force shall (subject to the provisions of this Act) be entitled to be discharged—
(a) before the end of his current term of service, on complying with the conditions mentioned in subsection (4); and
(b) in such other circumstances as may be prescribed.
(3) Subsection (2) shall also apply to any man of a reserve force who re-engages in the force; but in the case of a man who—
(a) is serving on transfer to the reserve from the regular services, and
(b) re-engages before the end of his term of compulsory service,
paragraph (a) of that subsection shall not apply until after the end of his term of compulsory service.
(4) The conditions for entitlement to discharge under subsection (2)(a) are that the man concerned—
(a) gives to his commanding officer 3 months’ notice in writing, or such less notice as may be prescribed, of his desire to be discharged; and
(b) delivers up in good order, fair wear and tear excepted, all arms, clothing and other public property issued to him, or, in cases where for any good or sufficient cause the delivery of that property is impossible, paying its value,
but his commanding officer may, if it appears that the reasons for which the discharge is claimed are of sufficient urgency or weight, dispense either wholly or in part with either or both of the above conditions.
(5) A man of a reserve force who becomes entitled to be discharged shall be discharged in such manner as may be prescribed with all convenient speed (and shall continue as a man of that force until actually discharged).
(1) Where, at the time he would (apart from this section) become entitled to be discharged under section 16, a man is in permanent service or full-time service under a full-time service commitment service under a section 24 commitment, he shall not be entitled to be discharged until he is released from that service.
(2) Where, at the time when a man not in permanent service or full-time service under a full-time service commitment service under a section 24 commitment would (apart from this section) become entitled to be discharged under section 16(1), an order under section 52 is in force authorising the call out of members of any reserve force, he may be required to prolong his service for such further term, not exceeding 12 months, as the Defence Council or an authorised officer may order.
(3) In subsection (2) “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council to exercise the power conferred by that subsection.
(4) Where, at the time when a man not in permanent service or full-time service under a full-time service commitment service under a section 24 commitment would (apart from this section) become entitled to be discharged under section 16(2), an order under section 52 or 54 is in force authorising the call out of members of any reserve force, he shall not be entitled to be so discharged while that call-out order is in force.
(1) Where a man who is to be discharged from a reserve force is in permanent service and serving outside the United Kingdom—
(a) if he requires to be released from that service and discharged in the United Kingdom, he shall be sent there free of charge with all convenient speed and shall be released from service and discharged on his arrival there; but
(b) if at his request he is released from that service and discharged at the place where he is serving he shall have no claim to be sent to the United Kingdom or elsewhere.
(2) If such a man is released from permanent service and discharged in the United Kingdom, he shall be entitled to be conveyed free of charge from the place where he is discharged to the place stated on his attestation paper to be the place where he was attested or to any place in the United Kingdom at which he intends to reside.
(1) Orders or regulations under section 4 may make provision with respect to the enlistment and re-engagement of men in, and the discharge of men from, the reserve forces.
(2) Such orders or regulations may, in particular, include provision—
(a) specifying the duration of any term for which a person may enlist, whether by reference to a number of years or another criterion or a number of years and another criterion;
(b) enabling a man enlisted for a term of service of a description specified in the order or regulations concerned to be treated as if he had enlisted for a term of service of a different description;
(c) enabling a man to extend or reduce the term of his service; and
(d) enabling service in the reserve forces, or service otherwise than for the purposes of training, to be restricted to service in the United Kingdom or in any area of the United Kingdom.
(3) No order or regulations under section 4 may make provision such as is mentioned in subsection (1) which has the effect, in relation to any person who was a man of a reserve force immediately before the coming into force of the order or regulations concerned—
(a) of imposing a new or greater obligation on him without his consent, or
(b) of varying or revoking, without his consent, a right to which he is entitled, not being a right exercisable only with the consent of another person or an authority.
(4) The term for which, or any limited area within which, a man of a reserve force is liable to serve may not, without his consent, be affected or extended by or in accordance with orders or regulations under section 4.
20 Command, posting etc. of men in permanent service.
(1) Men of a reserve force who are in permanent service shall be placed under the command of such officers as the Defence Council or an authorised officer may direct and may be attached to any body or unit of Her Majesty’s armed forces.
(2) Men of the reserve forces in permanent service may, without their consent—
(a) in the case of the reserve naval and marine forces, be drafted or posted, appointed or transferred to any naval or marine body or unit;
(b) in the case of the reserve land forces, be posted, appointed or transferred to any military body or unit (including, in the case of a man of the Army Reserve, transfer to any corps);
(c) in the case of the reserve air forces, be posted, appointed or transferred to any air-force unit or body,
by order of the Defence Council or an authorised officer.
(3) A man of a reserve force who has been the subject of an order under subsection (2) is entitled, if he continues as a member of that force on being released from permanent service, to be returned with all convenient speed to the corps, unit or body in which he was serving immediately before he was accepted into permanent service.
(4) In this section “authorised officer” means an officer authorised for the purposes of this section by or in accordance with directions of the Defence Council.
Men of the Royal Fleet Reserve who were transferred to that force from the Royal Marines or are enlisted in that force as marines shall—
(a) when in permanent service; or
(b) when undergoing training or performing other duties,
be liable to serve as marine warrant officers, non-commissioned officers and men and not as warrant officers, petty officers and ratings of the Royal Navy.
22 Training obligations of members of the reserve forces.
(1) A member of a reserve force may, in accordance with orders or regulations under section 4, be required by virtue of this section, in any year, to train in the United Kingdom or elsewhere for—
(a) one or more periods not exceeding 16 days in aggregate; and
(b) such other periods as may be prescribed, none of which shall exceed 36 hours without the consent of the person concerned;
and such a person may, while undergoing a period of training under this section, be attached to and trained with any body of Her Majesty’s forces.
(2) Such orders or regulations may, in particular, prescribe different periods under subsection (1)(b) for different forces or parts of a force.
(3) This section has effect subject to section 23.
23 Power to exempt persons from or relax training obligations.
(1) Orders or regulations under section 4 may provide for securing that persons of such descriptions as may be prescribed shall be exempted from liability to be required to undergo training under section 22.
(2) Such orders or regulations may also provide for relaxing, in such cases as may be prescribed, the liability to be required to undergo training under section 22.
(3) Officers authorised for the purposes of this subsection by or in accordance with directions of the Defence Council may, in accordance with such orders or regulations—
(a) exempt any unit or other group of members of a reserve force from liability to be required to undergo training under section 22; or
(b) relax that liability in the case of the unit or group.
(4) A commanding officer may, in accordance with orders or regulations under section 4—
(a) exempt any member of a reserve force who is under his command from liability to be required to undergo training under section 22; or
(b) relax that liability in the case of such a person.
(1) A member of a reserve force may enter into a commitment in writing under this section (a full-time service commitment) to undertake a period of full-time service of such duration as may be specified in the commitment.
(1A) The period of service specified in a commitment under this section (whether originally, or by virtue of a variation under subsection (5)(a))—
(a) may be a period of full-time service;
(b) so far as orders or regulations under section 4 permit, may—
(i) be a period of service on a part-time basis, or
(ii) include one or more periods of service on a part-time basis as well as one or more periods of full-time service.
(1B) Orders or regulations under section 4 may enable a commitment under this section to contemplate periods of special or extended leave.
(2) A person who has entered into such a commitment—
(a) shall be in full-time service from the time specified in the commitment as the beginning of the period of full-time service to be undertaken by him until the time at which he is released from that service;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) shall perform such duties while he is in full-time service service under the commitment as he may, in accordance with the terms of the commitment and any orders or regulations under section 4, be required to perform.
(3) A full-time service commitment commitment under this section—
(a) shall specify the duties to be performed by the person concerned (in general or specific terms) and the period for which he has undertaken to be in full-time service service under the commitment;
(aa) must specify the place at which the person is to begin performing duties;
(b) may, to the extent permitted by orders or regulations under section 4, limit the area within which he may be required to perform duties; and
(c) may contain such other terms relating to the duties to be performed by that person as are included in accordance with orders or regulations under section 4.
(4) A person who is in full-time service service under a commitment under this section may be required—
(a) to serve with any of the regular services for the purposes of performing duties in accordance with the commitment concerned; and
(b) subject to any limitation in the commitment, to perform such duties anywhere in the world.
(5) A full-time service commitment commitment under this section—
(a) may, with the consent of the member concerned, be varied in accordance with orders or regulations under section 4;
(b) may be revoked before the beginning of the specified period of full-time service by an authorised officer (whether at the request of the member concerned or otherwise) giving written notice to that effect to the member concerned; and
(c) shall terminate on the release of the member concerned from full-time service under the commitment.
(6) A person in full-time service service under a commitment under this section shall, if not released from service sooner, be entitled to be released from service with all convenient speed in the prescribed manner at the end of the period of service specified in the commitment.
(7) Where a person in full-time service service under a commitment under this section is accepted into permanent service under Part IV, V or VI—
(a) his full-time service service under the commitment shall cease while he is in permanent service; but
(b) if, on his release from permanent service, the period of full-time service undertaken by him under the commitment has not expired, he shall resume his full-time service service under the commitment for the remainder of that period.
(8) A person in full-time service service under a commitment under this section shall not be liable to be required to undergo training under section 22.
(9) The duties which a person in full-time service service under a commitment under this section may be required to perform may include undertaking training.
(10) In this section—
“authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of this section;
“full-time service” means service under a full-time service commitment.
(1) A member of a reserve force may enter into a commitment in writing under this section (an additional duties commitment) to perform such duties, for such period or periods, as may be specified in the commitment.
(2) A person who has entered into an additional duties commitment, in relation to each period of duty contemplated by the commitment—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) shall, from any time specified in the commitment as the time at which he is to begin that period of duty until released from duty, perform such duties as he may, in accordance with the terms of the commitment and any orders or regulations under section 4, be required to perform;
(c) shall, if not released from duty sooner, be entitled to be released from duty with all convenient speed in the prescribed manner at the end of that period.
(2A) Subject to any provision made by orders or regulations under section 4, an additional duties commitment may provide for duties for a period to be performed on any basis, including full-time or part-time.
(3) An additional duties commitment—
(a) shall specify—
(i) the duties to be performed by the person concerned (in general or specific terms);
(ii) the period or periods for which he is to perform duties;
(iii) the time and place at which he is to begin performing duties or, if there is to be more than one period of duty, the times and places at which he is to begin performing duties on each such occasion;
(b) may include terms requiring that person—
(i) to perform any duties outside the United Kingdom; or
(ii) to serve with any of the regular services for the purposes of performing any duties; and
(c) may contain such other terms relating to the duties to be performed by that person as are included in accordance with orders or regulations under section 4.
(4) An additional duties commitment—
(a) may, with the consent of the member concerned, be varied in accordance with orders or regulations under section 4;
(b) may be revoked at any time by an authorised officer (whether at the request of the member concerned or otherwise) giving written notice to that effect to the member concerned; and
(c) shall terminate (if not revoked sooner) on the release of the member concerned from the last period of duty contemplated by the commitment.
(5) A person’s duties under an additional duties commitment are in addition to any other obligations of his as a member of a reserve force.
(6) The duties specified in an additional duties commitment may include undertaking training.
(7) In this section “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of this section.
(1) Parliament may authorise for each of the reserve forces a maximum number of officers and a maximum number of men who may at any time be—
(a) in full-time service under full-time service commitments; or
(a) in service under section 24 commitments; or
(b) subject to additional duties commitments which are in force.
(2) Accordingly, the numbers of officers and men of a reserve force who are in full-time service service under section 24 commitments, or subject to additional duties commitments which are in force, shall not exceed any numbers for the time being authorised by Parliament for that force.
(3) Any members of a reserve force who are in full-time service service under section 24 commitments or who are subject to additional duties commitments shall not be reckoned in any numbers for the time being authorised by Parliament for any of the regular services.
(1) Nothing in this Part prevents a member of a reserve force—
(a) undertaking any voluntary training in the United Kingdom or elsewhere that is made available to him as a member of that force;
(b) undertaking any voluntary training or performing other voluntary duties in the United Kingdom or elsewhere, being training or duties undertaken or performed at his own request or following a request made to him by or on behalf of his commanding officer.
(2) Orders or regulations under section 4 may make provision as to the provision and use of training facilities for members of reserve forces and otherwise in connection with the undertaking of training or other duties as mentioned in subsection (1) of this section.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A member of a reserve force who has entered into a special agreement is liable, while the agreement is in force—
(a) to be called out for permanent service anywhere in the world; and
(b) to fulfil any training obligations specified in the agreement.
(2) A person in qualifying employment shall, before entering into a special agreement, obtain the consent of his employer in such form as may be prescribed.
(3) A special agreement—
(a) shall specify a period not exceeding 12 months as the maximum period for which the person concerned may be required to serve on being accepted into service under this Part; and
(b) may specify other terms relating to the obligations undertaken by the person entering into it.
(4) A person who has entered into a special agreement—
(a) shall fulfil any training obligations specified in the agreement;
(b) if accepted into service under this Part, shall serve,
in accordance with the terms of the agreement and (subject to those terms), on such other terms and conditions as may be prescribed and are applicable in his case.
(5) The obligations undertaken by a person who has entered into a special agreement are in addition to any other obligations he may have as a member of a reserve force.
(1) Before entering into a special agreement, a person shall—
(a) submit a declaration to an authorised person in the prescribed form stating whether he is in employment and, if so, giving the name of his employer and such other particulars as may be prescribed;
(b) where the person concerned is in employment with an employer which is qualifying employment, produce to an authorised person a document recording the consent of that employer to his entering into the agreement.
(2) Where an authorised person is satisfied at the time a person enters into a special agreement that—
(a) he is not in qualifying employment; or
(b) he is in qualifying employment and the employer has consented to his entering into the agreement,
the validity of the agreement shall not be affected by any failure to comply with section 28(2); and a document purporting to be a certificate signed by the authorised person stating that he is satisfied of those matters shall be evidence of that fact.
(3) Where a person has more than one qualifying employment, subsections (1) and (2) apply separately in relation to each employer of his.
(4) In this section and section 30 “authorised person” means a person authorised by or in accordance with directions of the Defence Council for the purpose of exercising the functions concerned.
30 New employer’s consent to continuation of agreements.
(1) Where a person who has entered into a special agreement begins a new qualifying employment he shall, within 7 days of beginning that employment, submit a declaration to an authorised person in the prescribed form stating that he has begun a new qualifying employment and giving the name of his employer and such other particulars as may be prescribed.
(2) Subject to subsections (3) and (4), where a person has begun a new qualifying employment with an employer and submitted the declaration required by subsection (1), he is not liable to be called out under this Part or required to fulfil any training obligations specified in his special agreement unless and until—
(a) the employer gives his written consent in the prescribed form to the continuation in force of the agreement; and
(b) an authorised person certifies under subsection (5) that the employer has given that consent.
(3) Subsection (2) does not apply if the declaration is submitted by a person who is in service under this Part.
(4) If the declaration is submitted after the person concerned has been served with a call-out notice under section 32 but before the notice has ceased to have effect, the person concerned shall remain liable to be accepted into service until the notice ceases to have effect.
(5) Where, after a declaration under subsection (1) has been submitted, an authorised person is satisfied that the person concerned has begun a new qualifying employment and that his employer has given the requisite consent, he shall certify that fact in the prescribed form.
(6) For the purposes of subsection (2)(a), such a certificate shall be conclusive evidence that the employer has consented to the continuation in force of the special agreement in question.
(7) For the purposes of this section a person begins a new qualifying employment when, at any time after entering into a special agreement—
(a) he begins a qualifying employment with a person who was not already his employer; or
(b) where the hours for which he is employed, by a person who has not previously been required to give consent under this section or section 29, change so as to cause his employment by that person to become qualifying employment.
(1) A special agreement shall terminate when, before the person concerned has been accepted into service under this Part, any of the following events occurs—
(a) the expiry of the period of 12 months beginning with the day on which the agreement was entered into;
(b) the expiry of such period as may be prescribed after the giving in the prescribed manner of notice to terminate the agreement by the person concerned;
(c) the giving by the Secretary of State of a direction that the agreement be terminated;
(d) the acceptance of the person into permanent service under Part VI;
(e) the coming into force of another special agreement; and
(f) any other event specified in the agreement as an event which terminates the agreement.
(2) A direction under subsection (1)(c) may be given on the application of the person concerned or any employer of his or without any such application.
(3) A special agreement shall terminate on the release of the person concerned from a period of service under this Part.
(4) On the termination of a special agreement the obligations undertaken by the person concerned by entering the agreement shall cease and, accordingly, he may not be accepted into service under this Part.
(5) Any reference in this Part to a person who has entered into a special agreement does not include a reference to any person whose agreement has terminated.
32 Call out of persons who have entered into special agreements.
(1) The Secretary of State may, if he considers it appropriate to do so, call out for service any person who has entered into a special agreement 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 shall specify—
(a) the person to whom the notice applies and the special agreement concerned; 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.
(4) 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—
(a) the special agreement specified in the notice terminates under section 31(1); 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.
(5) 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.
(6) 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.
(7) 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 (6).
(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 32(3)(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 person 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.
(1) A person who has been accepted into service under this Part shall remain in that service until released under subsection (2).
(2) A person who is in service under this Part 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 person is entitled to be released from service under this Part—
(a) at the end of the period specified under section 28(3)(a); or
(b) 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 person who has been accepted into service under this Part 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).
35 Exercise of certain functions under section 32 or 33.
(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 31, 32 or 33, 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.
(1) The number of persons in a reserve force who are liable to be called out under this Part shall not exceed the number for that force for the time being authorised by Parliament.
(2) Any persons who are in service under this Part 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.
(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 32(1);
“service under this Part” and “service” mean permanent service on being called out under this Part;
“qualifying employment” means employment under a contract of service which normally involves employment for 14 hours or more weekly (and “new qualifying employment” shall be construed in accordance with section 30(7)); and
“special agreement” means a written agreement by which a person accepts the obligations mentioned in section 28(1).
(2) This Part shall have effect in relation to any member of a reserve force who is a Crown servant as if he were employed under a contract of service with such person as may be specified in directions of the Secretary of State as his employer for the purposes of this Part.
(3) The Secretary of State may by regulations make provision as to when a contract of service is to be treated for the purposes of this Part as normally involving or not involving employment for 14 hours or more weekly.
(4) Regulations under subsection (3) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) The Secretary of State may by order amend the definition of “qualifying employment” and subsection (3) so as to substitute, for the number of hours for the time being specified, such number (not being more than 14) as is specified in the order.
(6) An order under subsection (5) shall be made by statutory instrument; but no such instrument shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(1) This Part enables employees, in pursuance of arrangements between their employers and the Secretary of State, to enter into employee agreements and become special members of a reserve force.
(2) In this Part, references to an employee agreement are references to a written agreement by which a person agrees to accept the liability mentioned in section 40(1) by becoming a special member of a reserve force specified in the agreement.
(3) Orders or regulations under section 4 may make provision—
(a) enabling a person to enlist in, or become an officer of, a reserve force for the purpose only of becoming a special member;
(b) as to any terms and conditions applicable to such a person, and for applying or disapplying any provisions of this Act, while such a person is a member of the force for that purpose;
(c) enabling the making of requests by a special member (whether before or after ceasing to be subject to the liability mentioned in section 40(1)) for permission to continue as a member of his force on ceasing to be a special member;
(d) as to any terms and conditions applicable to a special member who has ceased to be subject to the liability mentioned in section 40(1);
(e) as to the terms and conditions on which persons resume or begin service as ordinary members of a reserve force by virtue of section 42.
(4) Before orders or regulations under section 4 are made as to the terms and conditions of service of special members of a reserve force, the Secretary of State or, in the case of regulations, the Defence Council shall consult—
(a) one or more bodies appearing to that authority to represent the interests of employers concerned with the supply of goods or services to the armed forces;
(b) one or more bodies or persons appearing to that authority to represent the interests of employees of such employers; and
(c) one or more bodies or persons appearing to that authority to represent the interests of self-employed persons concerned with the supply of goods or services to the armed forces.
(1) An employee agreement may be entered into by any employee in pursuance of arrangements made between his employer and the Secretary of State.
(2) An employee of an employer who has made any such arrangements shall, before entering into an employee agreement, obtain the written consent of that employer in such form as may be prescribed.
(3) Where an authorised person is satisfied at the time a person enters into an employee agreement that his employer has consented to his entering into the agreement, the validity of the agreement shall not be affected by any failure to comply with subsection (2); and a document purporting to be a certificate signed by the authorised person stating that he is so satisfied shall be evidence of that fact.
(4) In subsection (3) “authorised person” means a person authorised by or in accordance with directions of the Defence Council for the purpose of exercising the functions mentioned in that subsection.
(5) An employee agreement shall, if the person concerned is not a member of the force when he enters into the agreement, specify the date by which he must enlist in, or become an officer of, the reserve force specified in the agreement.
(6) An employee agreement may specify—
(a) a maximum period for which the liability of the special member under section 40 is to subsist;
(b) events which will terminate his liability to be called out, and to fulfil training obligations, under the agreement; and
(c) other terms relating to the obligations undertaken by the person concerned or his service as a special member.
(7) On entering into an employee agreement a person who is already a member of the reserve force concerned shall become a special member of that force.
(8) Where a person entering into an employee agreement is not already a member of the reserve force concerned—
(a) he shall become a special member of the force concerned on enlisting in or becoming an officer of that force; but
(b) the agreement shall lapse if he has not enlisted in or become an officer of that force on or before the date specified in the agreement.
(9) An employee agreement entered into by any person shall terminate—
(a) on his entering into another employee agreement;
(b) on his ceasing to be a member of the reserve force concerned; or
(c) on his resuming service as, or becoming, an ordinary member of that force in accordance with section 42.