Reserve Forces Act 1996

1. Introductory Text

2. Part I The Reserve Forces

   1. Maintenance and composition

      1. 1. Power to maintain the reserve forces.

      2. 2. Membership of the reserve forces.

      3. 3. Control of numbers in the reserve forces.

   2. Regulation and organisation

      1. 4. Orders and regulations concerning the reserve forces.

      2. 5. Organisation of the reserve forces.

      3. 6. Permanent staff of the reserve forces.

   3. Pay and pensions

      1. 7. Pay, bounty and allowances of the reserve forces.

      2. 8. Pensions.

3. Part II Enlistment and conditions of service

   1. Enlistment and re-engagement

      1. 9. Enlistment of men in the reserve forces.

      2. 10. Enlistment of foreign nationals and residents.

      3. 11. Re-engagement for service.

      4. 12. Service in the reserve land and air forces on enlistment.

      5. 13. Transfer of men between reserve forces.

   2. Discharge

      1. 14. General powers to discharge men of the reserve forces.

      2. 15. Discharge by commanding officer.

      3. 16. Entitlement to discharge.

      4. 17. Postponement of discharge.

      5. 18. Rights of men on being discharged.

   3. Supplementary

      1. 19. Orders and regulations as to enlistment etc.

      2. 20. Command, posting etc. of men in permanent service.

      3. 21. Service of marines in the Royal Fleet Reserve.

4. Part III Training and other duties

   1. Obligatory training

      1. 22. Training obligations of members of the reserve forces.

      2. 23. Power to exempt persons from or relax training obligations.

   2. Commitments to perform additional duties

      1. 24. Commitments to a period of full-time service.

      2. 25. Additional duties commitments.

      3. 26. Parliamentary control of commitments.

   3. Voluntary activities

      1. 27. Voluntary training and other duties.

5. Part IV Special agreements for call out

   1. Special agreements

      1. 28. Special agreements.

      2. 29. Employers’ consent before entering agreements.

      3. 30. New employer’s consent to continuation of agreements.

      4. 31. Termination of agreements.

   2. Call out for permanent service under Part IV

      1. 32. Call out of persons who have entered into special agreements.

      2. 33. Acceptance into service under Part IV.

      3. 34. Release from service under Part IV.

   3. Supplementary

      1. 35. Exercise of certain functions under section 32 or 33.

      2. 36. Parliamentary control of numbers and reports.

      3. 37. Interpretation of Part IV.

6. Part V Employee Agreements

   1. Preliminary

      1. 38. Purpose of Part V.

      2. 39. Employee agreements.

   2. Liabilities of special members

      1. 40. Liability of special members to be called out or to train.

      2. 41. Cessation of liabilities.

      3. 42. Discharge etc. of special members.

   3. Call out for permanent service under Part V

      1. 43. Call out of special members.

      2. 44. Acceptance into service of special members.

      3. 45. Release from service of special members.

   4. Supplementary

      1. 46. Exercise of certain functions under section 43 or 44.

      2. 47. Parliamentary control of numbers and reports.

      3. 48. Application of Part V to Crown servants, employees of sub-contractors and self-employed persons.

      4. 49. Interpretation of Part V.

7. Part VI Call out for permanent service

   1. General liability to be called out for permanent service

      1. 50. Liability of members of reserve forces under call-out orders.

      2. 51. Geographical extent of liability to service on call out.

   2. Powers to authorise call out

      1. 52. Call out for national danger, great emergency or attack on the UK.

      2. 53. Maximum duration of service on call out under section 52.

      3. 54. Call out for warlike operations.

      4. 55. Maximum duration of service on call out under section 54.

      5. 56. Call out for certain operations.

      6. 57. Maximum duration of service on call out under section 56.

   3. Call out of members of a reserve force

      1. 58. Call out of members of a reserve force on authority of call-out order.

      2. 59. Acceptance into service under call-out order.

      3. 60. Release from service under call-out order.

      4. 61. Alteration of authority for call out.

   4. Supplementary

      1. 62. Power to exempt persons from or relax call-out liability.

      2. 63. Exercise of certain functions under section 58 or 61.

      3. 64. Interpretation of Part VI.

8. Part VII Recall for service of officers and former servicemen

   1. Liability to be recalled for service

      1. 65. Liability of officers and former servicemen to be recalled.

      2. 66. Persons who may be recalled under Part VII.

      3. 67. Geographical extent of liability to service on recall.

   2. Power to authorise recall

      1. 68. Recall for national danger, great emergency or attack on the UK.

      2. 69. Maximum duration of service on recall.

   3. Recall for permanent service

      1. 70. Recall of persons on authority of recall order.

      2. 71. Acceptance into service under recall order.

      3. 72. Release and discharge from service under recall order.

   4. Supplementary

      1. 73. Power to exempt persons from or relax recall liability.

      2. 74. Exercise of certain functions under section 70.

      3. 75. Power to require information.

      4. 76. Recall not to affect service pensions.

      5. 77. Interpretation of Part VII.

9. Part VIII Schemes for Exemption and Financial Assistance

   1. Individual exemptions etc. from call out or recall

      1. 78. Individual exemptions etc. from call out.

      2. 79. Individual exemptions etc. from recall.

      3. 80. Effect of exemptions etc.

      4. 81. Regulations under section 78 or 79: supplementary.

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

   2. Financial assistance in respect of call out or recall

      1. 83. Payments to individuals in respect of call out or recall.

      2. 84. Payments to employers etc. in respect of call out or recall.

      3. 85. Regulations under section 83 or 84: supplementary.

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

      5. 87. Offences in connection with claims for payments.

10. Part IX Reserve forces appeal tribunals

    1. 88. The reserve forces appeal tribunals.

    2. 89. Jurisdiction and powers of appeal tribunals.

    3. 90. Appointment of panel of chairmen.

    4. 91. Appointment of panel of ordinary members.

    5. 92. Membership of tribunals etc.

    6. 93. General power to make rules.

    7. 94. Offences in connection with appeals.

11. Part X General Offences

    1. Offences against good order and discipline

       1. 95. Offences against orders and regulations under section 4.

    2. Desertion and absence without leave from service, duty or training

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

       2. 97. Failure to attend for duty or training.

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

       4. 99. False pretence of illegal absence.

       5. 100. Treatment of deserters etc.

       6. 101. Inducing a person to desert or absent himself.

       7. 102. Record of illegal absence.

    3. General

       1. 103. Trial of offences as offences under service law.

       2. 104. Jurisdiction of civil courts.

       3. 105. Trial of offences by civil court.

       4. 106. Offences triable by court-martial or civil court.

       5. 107. Time for institution of proceedings.

       6. 108. Evidence.

       7. 109. Meaning of “civil court”.

12. Part XI Reserve Associations

    1. 110. Establishment of associations for areas in the UK.

    2. 111. Constitution of associations.

    3. 112. General duties of associations.

    4. 113. Powers and duties assignable to associations.

    5. 114. Expenses of associations.

    6. 115. Accounts of associations.

    7. 116. Joint committees of associations.

    8. 117. Regulations as to associations.

    9. 118. Compensation of displaced employees.

    10. 119. Winding-up of associations.

13. Part XII Miscellaneous and General

    1. Miscellaneous

       1. 120. Disbanding of units: charitable property.

       2. 121. The lieutenancies.

       3. 122. Safeguard of employment for members of reserve forces.

       4. 123. Billeting.

       5. 124. Exemption from tolls etc.

       6. 125. Absence for voting.

       7. 126. Postponement of transfer to the reserve or discharge of servicemen.

    2. General

       1. 127. Interpretation.

       2. 128. Transitory provisions.

       3. 129. Application of Act to persons currently serving in the reserve forces or regular services.

       4. 130. Power to make transitional, consequential etc. provisions.

       5. 131. Consequential amendments and repeals.

       6. 132. Short title, extent and commencement.

14. SCHEDULES

    1. SCHEDULE 1

       Enlistment

       1. Conditions for enlistment

          1. 1. (1) An enlisting officer shall not enlist any person as...

          2. 2. (1) An enlisting officer shall not enlist a person under...

       2. Procedure on attestation

          1. 3. (1) The procedure for enlisting a person (in this paragraph...

       3. Validity of attestation and enlistment

          1. 4. (1) This paragraph applies where a person has signed the...

       4. False answers in attestation papers

          1. 5. (1) Any person appearing before an enlisting officer for the...

       5. Evidence as to attestation papers

          1. 6. (1) With respect to evidence in proceedings under Part X,...

       6. Meaning of “appropriate minimum age”

          1. 7. In this Schedule “appropriate minimum age” means the age of...

    2. SCHEDULE 2

       Deserters and absentees without leave

       1. Preliminary

          1. 1. (1) This Schedule applies in relation to anyone who is,...

       2. Arrest

          1. 2. (1) Where a constable has reasonable grounds for suspecting that...

       3. Proceedings before a civil court where persons suspected of illegal absence

          1. 3. (1) Paragraphs 4 and 5 apply in the case of...

          2. 4. (1) This paragraph applies where the accused admits that he...

          3. 5. (1) This paragraph applies where— (a) the accused does not...

       4. Surrender to police

          1. 6. (1) Where a person surrenders himself to a constable as...

       5. Certificates of arrest or surrender

          1. 7. (1) Where a person is delivered into military, air-force or...

          2. 8. (1) Where a person is delivered into military, air-force or...

          3. 9. (1) In proceedings for an offence under section 96 a...

       6. Duties of governors of prisons and others to receive deserters and absentees

          1. 10. (1) It shall be the duty of the governor of...

    3. SCHEDULE 3

       Evidence

       1. General provisions as to evidence

          1. 1. This Schedule has effect with respect to evidence in proceedings...

          2. 2. A letter, return or other document stating that any person—...

          3. 3. (1) A record made in any service book or other...

          4. 4. A document purporting to be issued by order of the...

          5. 5. A certificate purporting to be issued by or on behalf...

          6. 6. A certificate purporting to be signed by a person’s commanding...

          7. 7. Where, in relation to one reserve force, any document would...

       2. Proceedings for offences under section 95

          1. 8. Where a man of any reserve force is required by...

       3. Proof of outcome of civil trial

          1. 9. (1) Where a person subject to service law has been...

    4. SCHEDULE 4

       Provisions of schemes for the constitution of associations

       1. 1. (1) A scheme for the constitution of an association (“a...

       2. 2. A scheme for an association in England and Wales or...

       3. 3. A scheme for an association in Scotland shall provide—

       4. 4. A scheme for an association established for an area including...

       5. 5. A scheme may provide— (a) for the appointment as members...

       6. 6. A scheme shall provide that of the chairman and the...

       7. 7. A scheme may contain any consequential, supplemental or transitory provisions...

       8. 8. (1) A scheme for an association established for an area...

       9. 9. (1) The Governor of the Isle of Wight shall ex-officio...

       10. 10. In this Schedule— “air force member” means one who is...

    5. SCHEDULE 5

       Charitable property on disbanding of units

       1. Part I Preliminary

          1. Designation of successor to disbanded unit

             1. 1. (1) A warrant of Her Majesty may designate, for the...

          2. General interpretation

             1. 2. In this Schedule— “disbanded unit” means a unit for which...

       2. Part II Succession to charitable property: England and Wales

          1. Effect of designation of successor to disbanded unit

             1. 3. (1) On and after the day on which a warrant...

          2. Exclusion of charitable property from paragraph 3

             1. 4. (1) If the Charity Commissioners consider that paragraph 3(1) should...

             2. 5. (1) If a charity affected by a warrant or any...

          3. Application of property otherwise than under paragraph 3

             1. 6. In any case where— (a) the Secretary of State requests...

          4. Validity of certain acts by trustees

             1. 7. Neither a warrant nor any order under paragraph 4 or...

          5. Saving for interests in property contingent on disbandment of unit

             1. 8. Nothing in this Part of this Schedule applies to any...

       3. Part III Succession to charitable property: Scotland

          1. Effect of designation of successor to disbanded unit

             1. 9. (1) On and after the day on which a warrant...

          2. Exclusion of charitable property from paragraph 9

             1. 10. (1) If the Lord Advocate considers that paragraph 9 should...

             2. 11. (1) If a recognised body affected by a warrant or...

          3. Power of Lord Advocate to apply to Court of Session

             1. 12. (1) Where a body of a reserve force has been...

          4. Validity of certain acts

             1. 13. None of the following, that is to say, a warrant,...

          5. Saving for interests in property contingent on disbandment of unit

             1. 14. Nothing in this Part of this Schedule applies to any...

       4. Part IV Succession to charitable property: Northern Ireland

          1. Effect of designation of successor to disbanded unit

             1. 15. (1) On and after the day on which a warrant...

          2. Exclusion of charitable property from paragraph 15

             1. 16. (1) If the Department of Health and Social Services for...

             2. 17. (1) If a charity affected by a warrant or any...

          3. Application of property otherwise than under paragraph 15

             1. 18. In any case where— (a) the Secretary of State requests...

          4. Validity of certain acts by trustees

             1. 19. Neither a warrant nor any order under paragraph 16 or...

          5. Saving for interests in property contingent on disbandment of unit

             1. 20. Nothing in this Part of this Schedule applies to any...

    6. SCHEDULE 6

       1. 1. Part VI of the Reserve Forces Act 1980 (the lieutenancies)...

       2. 2. In section 133 (deputy lieutenants)— (a) in subsection (2), the...

       3. 3. In section 135 (vice lord-lieutenants), after subsection (1) there shall...

       4. 4. In section 136 (removal of vice lord-lieutenant and deputy lieutenants),...

       5. 5. In section 137 (statutory functions)— (a) in subsection (1)—

    7. SCHEDULE 7

       Postponement of transfer to the reserve or discharge from the regular services

       1. The Army

          1. 1. (1) Sections 9 (postponement of transfer to the reserve or...

          2. 2. The Army Act 1955 shall continue to apply without the...

       2. The Royal Marines

          1. 3. (1) Paragraphs 4A (postponement of transfer to Royal Fleet Reserve...

          2. 4. The Army Act 1955 shall continue to apply without the...

       3. The Royal Air Force

          1. 5. (1) Sections 9 (postponement of transfer to the reserve or...

          2. 6. The Air Force Act 1955 shall continue to apply without...

       4. The Royal Navy

          1. 7. (1) Sections 4 (postponement of transfer to Royal Fleet Reserve...

          2. 8. The Armed Forces Act 1966 shall continue to apply without...

    8. SCHEDULE 8

       Transitory and transitional provisions

       1. Existing members of the reserve forces

          1. 1. (1) Nothing in section 2 shall prevent a person who,...

       2. Royal Fleet Reserve

          1. 2. (1) The Royal Fleet Reserve shall cease to be maintained...

          2. 3. Any reference in any enactment or other instrument to the...

       3. The special class of the Royal Fleet Reserve

          1. 4. (1) The special class of the Royal Fleet Reserve existing...

          2. 5. If it appears to the Secretary of State that—

       4. Home Service Force

          1. 6. Section 6 of the Reserve Forces Act 1980 shall cease...

       5. Royal Air Force Volunteer Reserve

          1. 7. (1) Her Majesty may continue to maintain a force known...

       6. Reserves of Officers

          1. 8. (1) On a day appointed by the Secretary of State...

          2. 9. On a day appointed by the Secretary of State by...

       7. Training of existing members of the Royal Auxiliary Air Force

          1. 10. Section 41(1) of the Reserve Forces Act 1980 shall apply,...

       8. Effect of transfers under this Schedule

          1. 11. (1) Any officers transferred to a reserve force under paragraph...

       9. Parliamentary control

          1. 12. A determination by Parliament of the permitted numbers of officers...

    9. SCHEDULE 9

       Application of Act to transitional members

       1. Part I The transitional class of members of the reserve forces

          1. 1. (1) The transitional class consists of persons who—

          2. 2. A person who, immediately before the appointed day, was an...

          3. 3. An officer or man who becomes a member of a...

          4. 4. (1) A person who is a transitional member of a...

          5. 5. (1) In this Part of this Schedule “man”, in relation...

       2. Part II Application of Act to members of the transitional class

          1. 6. The provisions of this Act (other than section 129 and...

          2. 7. (1) Any reference in this Act to a reserve force,...

          3. 8. (1) In the application of section 17(1) to a transitional...

          4. 9. (1) In the application of sections 18, 20 and 21...

          5. 10. Section 22 does not apply to transitional members of a...

          6. 11. In the application of section 24 to a transitional member...

          7. 12. (1) Transitional members may (subject to the provisions of this...

          8. 13. In the application of section 31(1) to a special agreement...

          9. 14. In the application of section 34(5) to transitional members, the...

          10. 15. In the application of section 40(5) to a transitional special...

          11. 16. An order may be made under section 41(6) suspending the...

          12. 17. In the application of section 45(5) to transitional members, the...

          13. 18. Part VI does not apply to transitional members.

          14. 19. Regulations under section 78, 83 or 84 may make provision,...

          15. 20. In the application of section 96(1) to a transitional member—...

          16. 21. In the application of section 97(2) to a transitional member,...

          17. 22. In the application of section 102(2) to transitional members—

          18. 23. In the application of section 123(1) to a transitional man,...

          19. 24. In the application of section 125 to a transitional member,...

    10. SCHEDULE 10

        Minor and consequential amendments

        1. Army Act 1955 (c.18)

           1. 1. (1) Section 205(1) (persons subject to military law) of the...

           2. 2. At the end of section 205 of that Act there...

           3. 3. (1) Section 210(2) (application of section 205 to Royal Marines)...

           4. 4. In section 210(3) of that Act, for the words “the...

           5. 5. In section 210(4) of that Act, for the word “or”...

           6. 6. After subsection (5) of section 210 of that Act there...

           7. 7. (1) Section 211 (application of Act to reserve forces) of...

           8. 8. In paragraph 22 of Schedule 7 (provisions as to Royal...

        2. Air Force Act 1955 (c.19)

           1. 9. (1) Section 205(1) (persons subject to air-force law) of the...

           2. 10. For subsection (3) of section 205 of that Act there...

           3. 11. (1) Section 210 (application of Act to reserve forces) of...

        3. Naval Discipline Act 1957 (c.53)

           1. 12. (1) Section 111 (application of Act to naval forces etc.)...

           2. 13. In section 132 (definitions of Her Majesty’s forces, etc.) of...

        4. Reserve Forces Act 1966 (c.30): old references to RMFVR

           1. 14. Any reference to the Royal Marine Forces Volunteer Reserve in...

        5. House of Commons Disqualification Act 1975 (c.24)

           1. 15. In section 3 (certain reserve officers and persons liable to...

        6. Northern Ireland Assembly Disqualification Act 1975 (c.25)

           1. 16. In section 2 (certain reserve officers and persons liable to...

        7. Employment Protection (Consolidation) Act 1978 (c.44)

           1. 17. . . . . . . . . . ....

        8. Magistrates’ Courts Act 1980 (c.43)

           1. 18. In section 125 (warrants) of the Magistrates’ Courts Act 1980,...

        9. Reserve Forces Act 1982 (c.14): old references to TAVR

           1. 19. Any reference to the Territorial and Army Volunteer Reserve in...

        10. Wages Act 1986 (c.48)

            1. 20. In section 9(4) (exclusion of service as a member of...

        11. Wages (Northern Ireland) Order 1988 (S.I. 1988/796 (N.I.7))

            1. 21. In Article 11(3) (exclusion of service as a member of...

        12. Official Secrets Act 1989 (c.6)

            1. 22. In section 12(1) (meaning of “Crown servant”) of the Official...

        13. Army Act 1992 (c.39)

            1. 23. In section 2(3) of the Army Act 1992 (application of...

        14. Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)

            1. 24. In section 274 (armed forces) of the Trade Union and...

        15. Tribunals and Inquiries Act 1992 (c.53)

            1. 25. In Schedule 1 to the Tribunals and Inquiries Act 1992...

        16. Judicial Pensions and Retirement Act 1993 (c.8)

            1. 26. In Schedule 5 to the Judicial Pensions and Retirement Act...

        17. Industrial Relations (Northern Ireland) Order 1993 (S.I. 1993/2668 (N.I.11))

            1. 27. In Article 9 (application of industrial relations legislation to the...

    11. SCHEDULE 11

        Repeals