The Reserve Forces (Call-out and Recall) (Exemptions Etc.) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations entitle persons who have been called out or recalled for service in the armed forces, or their employers, to apply for deferral of or exemption from that liability or, in the case of persons already serving, release or discharge from service.

Reservists and employers may apply for deferral, exemption, release or discharge under regulation 3 in relation to call-out or under regulation 4 in relation to recall.

Applications are to be determined by an adjudication officer appointed by or in accordance with the directions of the Secretary of State or the Defence Council.

Regulation 5 with Schedule 1 specifies the grounds on which an application may be made.

Regulation 6 and Schedule 2 specify the matters which an adjudication officer must take into account on considering an application.

The range of determinations which an adjudication officer may make is set out in regulation 7.

Regulation 8 sets out the time limits for making applications. Adjudication officers have power to allow late applications, however, in appropriate circumstances.

Regulation 9 with Schedule 3 specifies the name and address of the person to whom applications must be made and requires that person, if he is not an adjudication officer, to pass on applications immediately to an adjudication officer.

Regulation 10 allows an application to be made by a representative of the applicant. It also provides for the manner in which applications are to be made and, with Schedule 3, the information to be provided on making an application. An adjudication officer may require further information from any person under this regulation, and there is a continuing obligation on a person who has provided information to an adjudication officer to notify him of any change to that information or event which would materially affect the claim.

Regulation 11 specifies that adjudication officers must make their determinations promptly and provides for the time and manner in which they must notify applicants of such determinations.

Adjudication officers have power under regulation 12 to reject applications, grant deferral, exemption release or discharge under these Regulations instead of financial assistance on a claim under regulations made in pursuance of sections 83 and 84 of the 1996 Act, or review their decision at any time up to the start of the hearing of an appeal to a reserve forces appeal tribunal against that determination.

Regulation 13 provides for a determination in favour of an employer to cease to have effect if the reservist’s employment with that employer terminates.

Regulation 14 regulates the sending and delivery of documents while regulation 15 provides that the time for taking any steps under these Regulations shall not expire on Saturdays, Sundays or public holidays.

A compliance cost assessment of the effect that this instrument would have on the costs of business is available from Directorate of Reserve Forces & Cadets Secretariat, Room 6/27, Metropole Building, London WC2N 5BL.