36 Application of sections 71, 73 to 75 and 77 of the Reserve Forces Act 1996 to persons recalled under section 30, 31 or 34
(1) Section 71 of the Reserve Forces Act 1996 shall apply to those liable to be recalled under section 30, 31 or 34 above as it applies to those to whom section 66 of that Act applies, but with the following amendments—
(a) section 71(5) of that Act shall apply to persons liable to be recalled under section 31 or 34 above as if for the first two lines there were substituted—
“When a call-out order under section 52 of the Reserve Forces Act 1996 is in force, and men of the Regular Reserve or the Air Force Reserve, as the case may be, are in permanent service under it, any person who is thereby liable to be recalled under section 31 or 34 above who—”
;
(b) section 71(6) shall apply as if for paragraph (b) of that subsection there were substituted—
(b) “ he shall be deemed to have been recalled for service under section 30, 31 or 34 as the case may be.”
.
(2) Sections 73 and 74 of the Reserve Forces Act 1996 shall apply to those liable to recall under section 30, 31 or 34 above as they apply to those liable to recall under Part VII of that Act.
(3) Section 75 of the Reserve Forces Act 1996 shall apply to those liable to recall under section 30, 31 or 34 above as if—
(a) the reference in subsection (1) to section 66(1) of the Reserve Forces Act 1996 were a reference to sections 30, 31 and 34 above;
(b) for subsection (2) there were substituted—
(2) “The regulations shall secure that a person liable to provide information by virtue of this section shall cease to be liable to provide such information after he ceases to be a person liable to recall by virtue of section 31(4) of the Reserve Forces Act 1980 or, if section 34 applies to him, he reaches the age mentioned in section 34(2) of that Act or on such other grounds as may be prescribed by regulations made under section 73(a) . . ..”
.
(4) Section 77 of the Reserve Forces Act 1996 shall have effect in relation to persons liable to recall under section 30, 31 or 34 as if the words “this Part” included a reference to sections 30 to 36A inclusive of the Reserve Forces Act 1980.
36A Application of Part X of the Reserve Forces Act 1996 to persons liable to recall under section 30, 31 or 34
For the avoidance of doubt, it is declared that Part X of the Reserve Forces Act 1996 (general offences) applies to a person liable to recall under section 30, 31 or 34 above as it applies to a person liable to recall under the Reserve Forces Act 1996.
38 Regular Reserve , Air Force Reserve and Army Reserve training.
A person to whom this section applies by virtue of section 39 below may, in accordance with regulations made by the Secretary of State, be called out in any year for training in the United Kingdom or elsewhere—
(a) for one period not exceeding 15 days, and
(b) for such other periods as may be prescribed, none of which shall exceed 36 hours without the consent of the person in question,
and may while so called out be attached to and trained with any body of Her Majesty’s forces.
(1) The persons to whom section 38 above applies are (subject to subsection (3) below)—
(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 enlistment or re-engagement or by becoming an officer; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 Preliminary training of Royal Auxiliary Air Force.
(1) Every man of the Royal Auxiliary Air Force shall, by way of preliminary training during the first year of his original enlistment—
(a) if so provided by Order in Council, and
(b) for such periods not exceeding in the whole the number of days specified by the Order in Council,
be trained at such places within the United Kingdom and at such times as may be prescribed, and for that purpose may be called out once or more often.
(2) Whether or not such an Order in Council has been made he shall attend the number of drills and instructional parades and fulfil the other conditions prescribed for a recruit in the Royal Auxiliary Air Force.
(3) The requirements of this section are in addition to the requirements of this Act relating to annual training.
(1) Every man of the Royal Auxiliary Air Force shall by way of annual training be trained for not less than 8 or more than 15 days in every year at such times and at such places within the United Kingdom as may be prescribed, and may for that purpose be called out once or more often in every year.
(2) Every such man shall attend the number of drills and instructional parades and fulfil the other conditions relating to training prescribed for the Royal Auxiliary Air Force.
(3) The requirements of this section may be dispensed with in whole or in part—
(a) as respects any unit of the Royal Auxiliary Air Force by the prescribed air officer, and
(b) as respects an individual man of the Royal Auxiliary Air Force, by his commanding officer subject to any general directions of the prescribed air officer.
42 Variation and cancellation of training periods for Royal Auxiliary Air Force.
Her Majesty may by order in Council made in relation to all or any part of the Royal Auxiliary Air Force direct—
(a) that the period of annual training in any year shall be extended to such period not exceeding 30 days as may be specified in the Order; or
(b) that the period of annual training in any year shall be reduced to such period as to Her Majesty may seem fit; or
(c) that the annual training in any year shall be dispensed with.
42A Application of section 23 of the Reserve Forces Act 1996
Section 23 of the Reserve Forces Act 1996 (power to exempt persons from or relax training obligations) shall apply to persons to whom this Act applies other than members of the Royal Naval Reserve or the Royal Fleet Reserve as if in section 23 for the words “section 22” wherever they appear there were substituted the words “the Reserve Forces Act 1980”.
If a person offering himself to be entered for service in any of the naval reserve forces—
(a) knowingly makes a false answer in connection with his entry into such service, and
(b) that answer is to a question put to him in that connection by, or by the direction of, any officer or other person authorised by regulations made by the Defence Council to enter persons for such service,
he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 1 on the standard scale.
48 Void enlistment in Royal Marines or regular army .
Where any officer or other person enlists a man to serve in the Royal Marines or the regular army who at the time of such enlisting is entered to serve as a man of the Royal Naval Reserve, Royal Fleet Reserve or Royal Marines Reserve that enlisting shall be null and void.
50 Term of service in Royal Naval Reserve and Royal Fleet Reserve.
(1) Every man joining the Royal Naval Reserve shall be entered for a term of 5 years, and shall continue subject to this Act as a man of that reserve during and for no longer than that term, except as otherwise provided by this Act.
(2) A man entitled to claim his discharge under subsection (1) above shall continue subject to the provisions of this Act as a man of the Royal Naval Reserve until actually discharged from that reserve by the Defence Council, or by some officer duly appointed by the defence Council to give such discharges.
(3) The term of service of a man joining the Royal Fleet Reserve shall be regulated—
(a) in the case of a pensioner entitled to his pension subject to a condition of service in the Royal Fleet Reserve, by the conditions attached to the pension; and
(b) in any other case, by the terms of his enlistment.
(4) For the avoidance of doubt, it is declared that subsections (1) and (3) above do not apply to any man being entered or re-entered for service in the Royal Naval Reserve or the Royal Fleet Reserve if, after being so entered or re-entered for service, he would not be a transitional member as defined in paragraph 3 of Schedule 9 to the Reserve Forces Act 1996.
(1) Every man of the Royal Naval Reserve, the Royal Fleet Reserve and the Royal Marines Reserve, under such regulations as may be made by the secretary of State, shall be—
(a) eligible for admission to the Royal Hospital at Greenwich; and
(b) thereupon entitled to the same privileges and advantages as those who are or have been in Her Majesty’s navy.
(2) The Greenwich Hospital Acts 1865 to 1967 have effect as if references in those Acts to any naval reserve force included references to the Royal Marines Reserve.
(1) The special class of the Royal Fleet Reserve shall consist of—
(a) men who, on engaging or re-engaging in the Royal Fleet Reserve or during a term of engagement or re-engagement in that reserve agree in writing—
(i) to be entered in or transferred to that class, and
(ii) to undertake the liability for service in that class specified in this Act, or
(b) men who, having before 16th December 1949 been entered for non-continuous service in the naval service of Her Majesty or enlisted to serve in the royal marine forces, on transfer to the Royal Fleet Reserve or during their service in that reserve pursuant to such transfer agree in writing—
(i) to be entered in or transferred to that class, and
(ii) to undertake the liability for service in that class specified in this Act; or
(c) men entered in that class in accordance with the following provisions of this section.
(2) Any man who—
(a) having been entered for non-continuous service in the naval service of Her Majesty on or after 16th December 1949, or
(b) having been enlisted to serve in the royal marine forces on or after that date,
is transferred to the Royal Fleet Reserve shall, if on his transfer he was designated by the Defence Council or an officer designated by the Defence Council as a man to whom this subsection applies, be entered in that class of the reserve and shall be liable to serve in that class as specified by this Act.
(3) The following provisions shall have effect as to the duration of service in the special class of the Royal Fleet Reserve—
(a) a man entered in that class or transferred to it in pursuance of an agreement under paragraph (a) of subsection (1) above shall be liable to serve in that class until the end of his term of engagement or re-engagement referred to in that paragraph;
(b) a man entered in or transferred to the special class in pursuance of an agreement under paragraph (b) of subsection (1) shall be liable to serve in the special class until the end of his term of service in the Royal Fleet Reserve in pursuance of his transfer to that reserve referred to in that paragraph (b); and
(c) a man entered in the special class by virtue of the provisions of subsection (2) above shall be liable to serve in that class until the expiry of the first 12 months of his service in the Royal Fleet Reserve and shall then be transferred from the special class to the general body of the reserve.
(4) If a man to whom paragraph (c) of subsection (3) above applies agrees in writing to continue to serve in the special class during the residue of the term for which he is transferred to the Royal Fleet Reserve, he shall be liable to serve in that class in accordance with the agreement.
(5) An agreement made for the purposes of subsection (1) or subsection (4) above may be revoked by 3 months’ written notice.
References in section 57 above to transfer to the Royal Fleet Reserve shall be construed—
(a) in relation to a man entered for non-continuous service in the naval service of Her Majesty, as references to being entered in the Royal Fleet Reserve in pursuance of a liability incurred under the terms of his engagement, in accordance with regulations made by the Defence Council under section 2 of the Armed Forces Act 1966 to serve in the Royal Fleet Reserve after the completion of his term of service in the navy; and
(b) in relation to a man enlisted to serve in the royal marine forces, as references to being entered in the Royal Fleet Reserve in pursuance of a liability incurred under the terms of his engagement to serve in the Royal Fleet Reserve after the completion of his term of service in the Royal Marines.
63 Exercise of powers vested in military office holder.
(1) Any power or jurisdiction given to, and any act or thing to be done by, to, or before, any person holding any military office may, in relation to the Regular Reserve , be exercised by or done by, to, or before any other person for the time being authorised in that behalf according to the custom of the service.
(2) Where by this Act, or by any order or regulation under this Act, any order is authorised to be made by any military authority, the order may be signified by an order, instruction or letter under the hand of any officer authorised to issue orders on behalf of that military authority, and an order, instruction or letter purporting to be signed by any officer who appears from it to be so authorised shall be evidence of his being so authorised.
67 Exercise of powers vested in air force officer holder.
(1) Any power or jurisdiction given to, and any act or thing to be done by, to, or before, any person holding any air force office may, in relation to the Air Force Reserve, be exercised by or done by, to, or before any other person for the time being authorised in that behalf according to the custom of the service.
(2) Where by this Act, or by any order or regulation under this Act, any order is authorised to be made by any air force authority, the order may be signified by an order, instruction or letter under the hand of any officer authorised to issue orders on behalf of that air force authority, and an order, instruction or letter purporting to be signed by any officer who appears from it to be so authorised shall be evidence of his being so authorised.
69 Special reservist called out for permanent service.
(1) The Secretary of State may, by regulations under this Act, authorise any special reservist having the qualifications prescribed by those regulations to agree in writing that—
(a) if the time at which he would otherwise be entitled to be discharged from the Air Force Reserve occurs when he is called out for permanent service, then
(b) he will continue to serve in the Air Force Reserve until the expiry of such period, whether definite or indefinite, as may be specified in the agreement,
(2) If any man who enters into such an agreement is called out for permanent service, he shall be liable to be detained in service for the period specified in his agreement in the same manner in all respects as if his term of service were still unexpired.
70 Special reservist called out for special courses, etc.
(1) A special reservist may, in addition to being called out for annual training, be called out for a special course or special courses of training—
(a) at such place or places in the United Kingdom or the Isle of Man,
(b) at such time or times, and
(c) for such period or periods, not exceeding in the whole 6 months,
as may be prescribed, in like manner and subject to the like conditions as if he were called out for annual training.
(2) Where one of the conditions on which a special reservist was enlisted or re-engaged is that he shall not be called out for training, whether special or annual, for a longer period than the period specified in his attestation paper, he shall not be liable under this section to be called out for any longer period.