Reserve Forces Act 1996

16 Entitlement to discharge

(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).