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In force since 2016-04-06, as the publisher states.
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Reserve Forces Act 1980 1980 c.9 An Act to consolidate certain enactments relating to the reserve and auxiliary forces, and the lieutenancies, with amendments to give effect to a recommendation of the Law Commission; and to repeal certain obsolete enactments relating to those forces. [20th March 1980]
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Propose a change(1) Any member of any reserve force other than an officer of the Royal Fleet Reserve may be called out for permanent service in any part of the world whenever an order of Her Majesty made under section 52(1)(a) of the Reserve Forces Act 1996 is in force. (2) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied. (a) a proclamation shall be issued for the meeting of Parliament within 5 days; and (b) Parliament shall accordingly meet and sit upon the day appointed by the proclamation; and (c) Parliament shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day. (4) In this section “reserve force” means any of the following bodies— (a) the Regular Reserve ; (b) the Army Reserve ; (c) the Air Force Reserve; (d) the Royal Auxiliary Air Force: (e) the Royal Naval Reserve . . . (ea) the Royal Fleet Reserve including its special class; and (f) the Royal Marines Reserve. (5) An order under subsection (1) may authorise the calling out of the Ulster Defence Regiment for permanent service in Northern Ireland, and section 26 below applies for the purposes of this subsection as if the Ulster Defence Regiment were a reserve force within the meaning of subsection (4) above. (6) In relation to a man of the Royal Auxiliary Air Force in whose case it was agreed at the time of his enlistment that he was accepted for home service only, subsection (1) has effect as if for the reference to any part of the world there were a reference to the United Kingdom, the Channel Islands and the Isle of Man.
Propose a change(1) A person to whom this section applies shall be liable to be called out for permanent service in any part of the world whenever an order under section 54(1) of the Reserve Forces Act 1996 is in force. (1A) Sections 50(6) and 54(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 54 of that Act applied. (2) The persons to whom this section applies are— (a) any member of the Regular Reserve or the Air Force Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having enlisted in the regular army or the regular air force Royal Air Force before that day; (b) any member of the Army Reserve who became such a member on or after 1st April 1967 by enlisting or re-engaging in the Army Reserve or by becoming an officer of the Army Reserve ; (ba) any officer of the Royal Fleet Reserve; (c) any member of the special class of the Royal Fleet Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having, before that day, been entered for non-continuous service in the naval service of Her Majesty or enlisted to serve in the royal marine forces; (3) In subsection (2) above the references in paragraphs (a) and (c) to becoming a member of a reserve or class include references to remaining a member of it by virtue of a new engagement or other agreement.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A man of the Army Reserve or the Royal Auxiliary Air Force who is called out for permanent service shall, subject to subsections (3) and (4) below, be liable to serve— (a) until Her Majesty no longer requires his services, or (b) until the expiry of his term of service in that reserve or force, whichever first occurs, and a member of the special class of the Royal Fleet Reserve who is called out for permanent service by virtue of section 11(1) shall be under a like liability to serve. (3) The period or aggregate of the periods during which a man is called out for service by virtue of section 11(1) during the term of his current engagement shall not without his consent exceed 12 months. (4) Where the time at which (apart from this subsection)— (a) the term of service in the special class of the Royal Fleet Reserve of a man of that class would expire, or (b) a man of the Army Reserve would be entitled to discharge, occurs while he is called out for service by virtue of section 11(1), he may be required to continue in service under that subsection for such further period as may be ordered by— (i) the Defence Council, or (ii) an officer designated for the purposes of this subsection by the Defence Council, but the period so ordered (together with the period or aggregate of the periods of the man’s service under section 11(1) apart from this subsection during the term of his current engagement) shall not exceed 12 months.
Propose a change(1) Every officer and man serving in— (a) the Royal Naval Reserve and the Royal Fleet Reserve, except a man of the special class of the Royal Fleet Reserve to whom section 11 above applies, (b) the Royal Marines Reserve, is liable, during the whole of that service, to be called out for permanent service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force. The reference in this subsection to the United Kingdom shall be construed as if that expression included the Channel Islands and the Isle of Man. (1A) Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied. (2) The provisions of subsection (1) above are in addition to, and not in substitution for, the provisions of any other enactment under which officers or men of the reserves mentioned in that subsection are liable to be called into permanent service.
Propose a change(1) Every officer and man of the Royal Naval Reserve, the Royal Fleet Reserve and the Royal Marines Reserve called out for permanent service by virtue of section 10 or section 16 above shall be— (a) liable to that service for a term of 3 years from the time of his coming into such service; (b) entitled to be discharged from that service at the expiry of that term. (2) If in any emergency Her Majesty sees fit She may, by order signified under the hand of the Secretary of State, provide that at the date of the order the officers and men of the Royal Naval Reserve and the Royal Fleet Reserve in permanent service by virtue of section 10 or section 16 shall continue in that service for a period of 5 years from the date of their respectively coming into that service, if their services be so long required. (3) The officers and men mentioned in subsection (2) above shall at the date of the order— (a) be liable to such permanent service accordingly; and (b) not be entitled to claim their discharge during that period. (4) Where any officer or man of the Royal Naval Reserve and the Royal Fleet Reserve— (a) is called into permanent service by virtue of section 10 or section 16, and (b) is detained in that service for a period of less than 5 years, he shall, during the period of 5 years from the date of his joining the reserve be liable from time to time to be again called into that service, and to serve accordingly for such period as with his former such service will make up a period of 5 years in that service.
Propose a change(1) Any officer or man of the Regular Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force. (1A) Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied. (2) Where a man of the Regular Reserve is called out for permanent service— (a) he may be appointed to any corps; (b) subsection (3) of section 3 of the Army Act 1955 shall apply to him as it applies to a soldier of the regular forces. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Subject to this section and section 13(3) above, a man of the Regular Reserve when called out for permanent service shall be liable to serve until Her Majesty no longer requires his services. (2) No man called out for permanent service shall be required to serve for a period exceeding in the whole the remainder unexpired of his term of service in the Regular Reserve . (3) Section 19A below shall apply to men of the Regular Reserve called out for permanent service. (4) Section 13 of the Army Act 1955 so far as it relates to discharge shall apply to men of the Regular Reserve called out for permanent service as it applies to soldiers of the regular forces. (5) Nothing in subsection (2) above shall prejudice the operation of subsections (3) and (4) above subsection (3) .
Propose a change(1) Where a man of the Regular Reserve is called out on permanent service at a time when he would apart from this section be entitled to be discharged he may be retained in service for such period as is mentioned below, and his service may be prolonged accordingly. (2) No person shall be retained in service by virtue of this section later than the end of twelve months after the date on which apart from this section he would be entitled to be discharged. (3) Subject to subsection (2) above, a person who apart from this section would be entitled to be discharged may be retained in service for such period as the competent military authority may order. (4) If while a man of the Regular Reserve is being retained in service by virtue of this section it appears to the competent military authority that his services can be dispensed with, he is entitled to be discharged. (5) Where, at the time at which under subsections (1) to (4) above a man of the Regular Reserve is entitled to be discharged, a state of war exists between Her Majesty and a foreign power– (a) he may, by declaration made in the prescribed form before his commanding officer, agree to continue in service while such a state of war exists, and (b) if the competent military authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (4) above were a period continuing so long as a state of war exists; but this is subject to subsection (6) below. (6) If it is so specified in the declaration, he is entitled to be discharged at the end of three months’ notice given by him to his commanding officer. (7) In subsections (3) to (5) above “the competent military authority” and “prescribed” have the same meaning as in Part I of the Army Act 1955. In subsections (3) to (5)— “the competent military authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council; “prescribed” means prescribed by regulations of the Defence Council. (8) Subject to subsection (9) below, in subsection (1) above the reference to a man of the Regular Reserve being called out on permanent service is a reference to his being called out under an order made under– (a) section 52 of the Reserve Forces Act 1996 (call out in the event of a national emergency, great danger or an actual or apprehended attack on the United Kingdom, the Channel Islands or the Isle of Man), or (b) section 54 of the 1996 Act (call out because warlike operations are in preparation or in progress). (9) In relation to a man of the Regular Reserve who enlisted in the Regular Reserve before 1st April 1967, the reference to a man of the Regular Reserve being called out on permanent service includes a reference to his being called out under an order under section 54 of the 1996 Act only if– (a) he re-engaged in the Regular Reserve on or after that date, or (b) he has made an irrevocable election to that effect in the prescribed manner.
Propose a change(1) Any man of the Air Force Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force. (1A) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Subject to this section and section 13(3) above, a man of the Air Force Reserve when called out for a permanent service shall be liable to serve until Her Majesty no longer requires his services. (2) No man called out for permanent service shall be required to serve for a period exceeding in the whole the remainder unexpired of his term of service in the Air Force Reserve, subject to section 69 below. (3) Section 21A below shall apply to men of the Air Force Reserve called out for permanent service. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Nothing in subsection (2) above shall prejudice the operation of subsection (3) .
Propose a change(1) Where a man of the Air Force Reserve is called out on permanent service at a time when he would apart from this section be entitled to be discharged he may be retained in service for such period as is mentioned below, and his service may be prolonged accordingly. (2) No person shall be retained in service by virtue of this section later than the end of twelve months after the date on which apart from this section he would be entitled to be discharged. (3) Subject to subsection (2) above, a person who apart from this section would be entitled to be discharged may be retained in service for such period as the competent air force authority may order. (4) If while a man of the Air Force Reserve is being retained in service by virtue of this section it appears to the competent air force authority that his services can be dispensed with, he is entitled to be discharged. (5) Where, at the time at which under subsections (1) to (4) above a man of the Air Force Reserve is entitled to be discharged, a state of war exists between Her Majesty and a foreign power– (a) he may, by declaration made in the prescribed form before his commanding officer, agree to continue in service while such a state of war exists, and (b) if the competent air force authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (4) above were a period continuing so long as a state of war exists; but this is subject to subsection (6) below. (6) If it is so specified in the declaration, he is entitled to be discharged at the end of three months’ notice given by him to his commanding officer. (7) In subsections (3) to (5)— “the competent air force authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council; “prescribed” means prescribed by regulations of the Defence Council. (8) Subject to subsection (9) below, in subsection (1) above the reference to a man of the Air Force Reserve being called out on permanent service is a reference to his being called out under an order made under– (a) section 52 of the Reserve Forces Act 1996 (call out in the event of a national emergency, great danger or an actual or apprehended attack on the United Kingdom, the Channel Islands or the Isle of Man), or (b) section 54 of the 1996 Act (call out because warlike operations are in preparation or in progress). (9) In relation to a man of the Air Force Reserve who enlisted in the Air Force Reserve before 1st April 1967, the reference to a man of the Air Force Reserve being called out on permanent service includes a reference to his being called out under an order under section 54 of the 1996 Act only if– (a) he re-engaged in the Air Force Reserve on or after that date, or (b) he has made an irrevocable election to that effect in the prescribed manner.
Propose a change(1) Every officer and man of the Army Reserve and of the Royal Auxiliary Air Force shall be liable to be called out for home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force notwithstanding that— (a) the Army Reserve or that part to which he belongs has not been called out for permanent service by virtue of section 10(1) or 11(1) above, or (b) the Royal Auxiliary Air Force or that part to which he belongs has not been called out for permanent service by virtue of section 10(1). (2) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.
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Propose a changeSection 62 of the Reserve Forces Act 1996 (power to exempt persons from or relax call-out liability) shall apply to persons liable to be called out by virtue of the enactments mentioned in section 26(2) below as if in section 62 for the words “this Part” in both places in which they appear there were substituted the words “the Reserve Forces Act 1980”
Propose a change(1) The power of the Secretary of State under section 58(1) of the Reserve Forces Act 1996 to call out a person liable to be called out under an order made under section 52 or 54 of that Act shall include a power to call out a person liable to be called out by virtue of the enactments mentioned in subsection (2) below. (2) The enactments referred to in subsection (1) above are— (a) section 10(1) above; (b) section 11(1) above; (c) section 16(1) above; (d) section 18(1) above; (e) section 20(1) above; (f) section 22 above; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) paragraph 15(1) of Schedule 8 to this Act; and (i) sub-paragraphs (2), (3), (5) and (6) of paragraph 16 of that Schedule. (3) Sections 58 and 59 shall have effect in relation to any person called out by virtue of the enactments mentioned in subsection (2) above with the following modifications— (a) section 58(3) shall have effect as if— (i) paragraph (b) provided for the call-out notice to specify the provision of this Act by virtue of which the person concerned is liable to be called out; and (ii) in paragraph (c), the words “under that order” were omitted; (b) section 58(5) shall have effect as if— (i) the words “on the authority of a call-out order” were omitted; and (ii) in paragraph (a), the reference to the call-out order was a reference to the order made under Part VI of the Reserve Forces Act 1996 by virtue of which the person concerned is liable to be called out; (c) section 59(5) shall have effect as if— (i) for the word “under”, where it appears for the first time, there were substituted the words “by virtue of”; and (ii) the words “under that call-out order” were omitted; and (d) section 59(6) shall have effect as if— (i) the words “under a call-out order” and “under that order” were omitted; and (ii) paragraph (b) provided for the person concerned to be deemed to have been called out for service in accordance with this Act. (4) In the application of sections 58 and 59 of the Reserve Forces Act 1996 and of section 28 below— (a) section 63 of the Reserve Forces Act 1996 shall apply in relation to this Act as it applies in relation to Part VI of that Act; and (b) “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of Part VI of the Reserve Forces Act 1996, and any officer so authorised shall be deemed to be authorised for the same purposes in connection with any corresponding provision of this Act.
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Propose a change(1) Where a person— (a) is in service in pursuance of a call-out notice under section 58 of the Reserve Forces Act 1996 specifying an enactment mentioned in section 26(2) above; (b) if he were not in service he would be liable to be called into service by a call-out notice under section 58 of the Reserve Forces Act 1996 or, as the case may be, by such a call-out notice specifying a different enactment so mentioned, the Secretary of State may direct that, on the date of the direction or a later date specified in the direction, that person shall be deemed to be called into service by a call-out notice under section 58 of the Reserve Forces Act 1996 specifying such of those enactments applicable to him as is specified in the direction. (2) Where a person is deemed in pursuance of subsection (1) above to be called into service by virtue of an enactment specified in a direction under that subsection, his service under any other enactment by virtue of which he was previously serving shall cease. (3) The power to give a direction under this section includes power— (a) to make provision for persons of such descriptions as are specified in the direction or in respect of an individual; and (b) to make different provision for different circumstances.
Propose a change(1) In any case where— (a) the services of a person called into service by a call-out notice under section 58 of the Reserve Forces Act 1996 specifying an enactment in section 26(2) above above are no longer required, or (b) a person is in service in pursuance of such a call-out notice at the expiry of the period of his liability for service in pursuance of the enactment specified by the notice, he shall be entitled to be released from permanent service in the prescribed manner with all convenient speed. (2) The reference in paragraph (b) of subsection (1) above to a period of liability for service in pursuance of a particular enactment includes a reference to such a period as extended under any other enactment.
Propose a changeThe provisions of this Act relating to recall shall not apply to any person to whom section 66 of the Reserve Forces Act 1996 applies.
Propose a change(1) Whenever a recall order under section 68 of the Reserve Forces Act 1996 authorising the recall of persons who have served in the Royal Navy or Royal Marines is in force, persons to whom this section applies are liable— (a) by virtue of subsection (1A)(a) below, to be ordered to join the Royal Navy; (b) by virtue of subsection (1A)(b) below, to be ordered to join the Royal Marines, and those so ordered shall serve while the recall order remains in force (unless released sooner) and while so serving section 76 of the Reserve Forces Act 1996 shall apply to them as it applies to persons described in that section. (1A) This section applies to any persons who— (a) have served as warrant officers, petty officers or seamen in the navy; or (b) have served as warrant officers, non-commissioned officers or men of the Royal Marines, and are in receipt of pensions in respect of such service. (2) Provision made under section 331 of the Armed Forces Act 2006 that applies in relation to the discharge of seamen serving in the Royal Navy and becoming entitled to be discharged shall be applicable to and for the discharge of any of those serving under subsection (1) above, and becoming entitled to be discharged. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) An army or air force pensioner to whom this section applies shall be liable under this section to be recalled for service in such circumstances and for such period as are specified in this section and in sections 32 and 33 below. (2) This section applies to army and air force pensioners whose service pensions have been assessed or re-assessed in accordance with pension provisions made on or after 16th December 1948, other than— (a) pensioners whose service pensions were originally granted before 3rd September 1939; (b) pensioners being those of any description mentioned in Schedule 2 to this Act. (3) In subsection (2) above the expression “pension provisions made on or after 16th December 1948” means— (a) in the case of army pensioners, the provisions of a Royal Warrant issued on or after 16th December 1948, (b) in the case of air force pensioners, the provisions of an Order by Her Majesty so issued, not being provisions as to which the Warrant or Order directs that they shall be disregarded for the purposes of this section. (4) A person shall cease to be liable under this section to be recalled for service when he attains the age of 60 years. (5) A person recalled for service under this section shall not suffer— (a) any reduction in pay or other emoluments in respect of his service while recalled by reason of being in receipt of a service pension; or (b) the withholding or reduction of his service pension by reason of his being in receipt of any such pay or emoluments. (6) In this section— “army pensioner” and “air force pensioner” means persons who have been discharged from service as soldiers and as airmen respectively and are in receipt of service pensions, “service pension” means a pension granted in respect of service as a solidier of the regular army or an airman of the Royal Air Force or in respect of that service and other service, but does not include a pension awarded in respect of disablement, “soldier” and “airman” include a warrant officer and a non-commissioned officer. (7) For the purposes of this section and section 32 , a person shall be deemed to be in receipt of a pension if the pension has been granted to him and has not been wholly forfeited, notwithstanding— (a) that any part of the pension has been commuted for a sum of money in lieu of the pension; or (b) that the pension or any part of it is for the time being administered or otherwise applied for any purpose or paid to some other person; or (c) that the pension or any part of it has not been paid for any period. For the purposes of this subsection the forfeiture of a pension shall be disregarded if the whole or any part of the pension has been restored since the forfeiture was incurred.
Propose a change(1) An army pensioner liable under section 31 above to be recalled for service may be recalled at any time when persons of the Regular Reserve are called out for permanent service. In this subsection the expression “called out for permanent service” means called out for permanent service under a call-out order under section 52 of the Reserve Forces Act 1996. (2) An air force pensioner liable under section 31 to be recalled for service may be recalled at any time when persons of the Air Force Reserve are called out for permanent service. In this subsection the expression “called out for permanent service” means called out for permanent service a call-out order under section 52 of the Reserve Forces Act 1996. (3) A person recalled for service under section 31— (a) shall be deemed to be enlisted in the regular forces or the regular air force regular army or the Royal Air Force , according as he was an army pensioner or an air force pensioner, for the period mentioned in subsection (4) below, unless (b) on his recall he requires to be enlisted for that period in accordance with section 2 of the Army Act 1955, or section 2 of the Air Force Act 1955, as the case may require regulations under section 328 of the Armed Forces Act 2006 , and upon such enlistment he shall not be deemed to have been enlisted by virtue of paragraph (a) above. (4) The period referred to in subsection (3) above is one— (a) beginning with the time as from which a person is recalled for the person is accepted (by virtue of section 36) into service under section 31, and (b) ending with the date on which there is no longer a call-out order under section 52 of the Reserve Forces Act 1996 in force authorising the call-out of persons of the Regular Reserve or the Air Force Reserve, as the case may be. (5) Nothing in the following provisions shall prejudice the operation of the provisions of this section— (a) the provisions of the Army Act 1955 or the Air Force Act 1955 as to the term for which a person may be enlisted; (b) the provisions of the Army and Air Force Act 1961 corresponding to the provisions mentioned in paragraph (a) above; and (c) the provisions of section 2 of the Armed Forces Act 1966 and regulations made under that section corresponding to the provisions mentioned in paragraph (a). No regulation under section 329 of the Armed Forces Act 2006 as to the term for which a person may be enlisted affects the operation of subsections (3) and (4) of this section.
Propose a change(1) Any former soldier to whom this section applies may be recalled for service by the Secretary of State by notice under section 35 below at any time when men of the Regular Reserve are called out for permanent service under a call-out order under section 52 of the Reserve Forces Act 1996. (2) This section applies to any person who is not a woman and who is for the time being under the age of 45, and— (a) who is not— (i) a member of the armed forces of the Crown apart from this section; (ii) liable to be recalled to service under section 31 above; (iii) such a person as is mentioned in Schedule 2 to this Act; (b) who enlisted in pursuance of regulations made under section 2 of the Armed Forces Act 1966; (c) who has not been discharged in respect of that enlistment under section 14 of the Army Act 1955, or under any regulations made by virtue of section 2 of the Armed Forces Act 1966 conferring a right to discharge by purchase; (d) who has not been granted a commission. (3) A person recalled for service by such a notice as is referred to in subsection (1) shall be deemed to be enlisted in the regular forces within the meaning of the Army Act 1955 regular army for the period— (a) beginning with the time specified in the notice he is accepted into service , and (b) ending (unless he is previously discharged) with the date on which there is no longer a call-out order under section 52 of the Reserve Forces Act 1996 in force. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) The Secretary of State may recall any person who is liable to be recalled under section 30, 31 or 34 above 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) In the case of those liable to recall under section 31 above, the time specified in accordance with subsection (1)(a) shall be not earlier than the third day after the service of the notice. (3) Section 65(5) of the Reserve Forces Act 1996 shall have effect as if the reference to persons recalled for service under an order made under section 68 of that Act included a reference to persons recalled under section 30, 31 or 34 above. (4) Section 70(2) to (5), (7) and (8) of the Reserve Forces Act 1996 shall apply to a person subject to this section as if he were a person to whom section 70 of that Act applied, except that section 70(5)(a) shall not apply to a person to whom section 31 or 34 above applies.
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