Reserve Forces Act 1996

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

(1) Where a call-out order is in force authorising the call out of members of a reserve force, the Secretary of State may call out any member who is liable to be called out under that order 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) A call-out notice shall also require the person concerned, if he fails to comply with the requirements mentioned in subsection (1)—

(a) to present himself for service to any person specified in the notice or to any other authorised officer; and

(b) having so presented himself, to remain until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.

(3) A call-out notice served on a person shall specify—

(a) the person to whom it applies;

(b) the call-out order authorising the calling out of that person and the provision of this Part under which the order is made; and

(c) the time and place at which the person is to present himself for service under that order;

and it may also specify places and times at which and persons to whom the person may present himself for service if he fails to present himself at the time and place specified under paragraph (c) of this subsection.

(4) A call-out notice served on a person may—

(a) be varied by the Secretary of State by serving a variation notice on him;

(b) be revoked by the Secretary of State by serving a revocation notice or a subsequent call-out notice on him.

(5) A call-out notice served on a person on the authority of a call-out order shall (without affecting any liability arising from a failure to comply with the notice) cease to have effect, if not revoked sooner—

(a) when an order revoking the call-out order is made after the day on which the notice was served but before the time mentioned in paragraph (b); or

(b) when the person concerned is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.

(6) The restriction of the effect of a call-out order—

(a) by an order under section 52(3), 54(3) or 56(3) (as the case may be); or

(b) in the case of a call-out order under section 54 or 56, by subsection (2)(a) of that section,

shall not affect the power of the Secretary of State under subsection (4) of this section to vary a call-out notice served before the effect of the call-out order is so restricted.

(7) A notice under this section may be served on a person by delivering it to him or by leaving it at, or sending it by post to, his last known address; and any call-out or variation notice delivered to that address by registered post or recorded delivery shall be deemed to have been served on him.

(8) No steps may be taken against a person in respect of failure to comply with a call-out notice under this section unless the notice or, as the case may be, any variation notice was received by him or is deemed to have been served on him by virtue of subsection (7).