Reserve Forces Act 1980

34 Liability of certain former soldiers to recall. U.K.

(1) Any former soldier to whom this section applies may be recalled for service by the Secretary of State by notice in writing at any time when men of the Army Reserve are called out for permanent service under section 10 or section 18(1) above.

(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 M1 Armed Forces Act 1966;

(c) who has not been discharged in respect of that enlistment under section 14 of the M2 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 for the period—

(a) beginning with the time specified in the notice, and

(b) ending (unless he is previously discharged) with such date as Her Majesty may by Order in Council declare to be the end of the emergency which was the occasion of the calling out of the Army Reserve.

(4) To enable service of any notice under subsection (1) above, every person to whom this section applies shall from time to time furnish such information in such manner and within such period as the Secretary of State may by regulations made by statutory instrument require, and—

(a) any person who without reasonable excuse fails to comply with any such regulations shall be liable on summary conviction to a fine not exceeding [F1 level 1 on the standard scale],

(b) any person who, in giving any information required by any such regulations, knowingly or recklessly makes a statement false in any material particular shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F1 level 3 on the standard scale]or to both,

and proceedings against any person for an offence under paragraph (a) or (b) above may be taken at any place at which he is for the time being.

(5) A person who on 27th February 1964 was—

(a) a warrant officer, non-commissioned officer or man of the regular forces within the meaning of the Army Act 1955 (not being a person serving in the Royal Marines), or

(b) a member of the first class of the army reserve in consequence of his transfer to that reserve under the M3 Army Act 1955 or the M4 Army and Air Force Act 1961,

may consent in writing to be subject to this section, and that consent may be revoked at any time by 3 months’ written notice but shall not cease to be in force until the expiry of that notice.

(6) While that consent remains in force this section shall have effect in relation to that person as if—

(a) paragraphs (b) and (c) of subsection (2) above did not apply to him; and

(b) he were subject (instead of by virtue of those paragraphs) to this section by his consent under subsection (5) above.

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6

Marginal Citations

M1 1966 c. 45.

M2 1955 c. 18.

M3 1955 c. 18.

M4 1961 c. 52.