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

PART III PROCEDURE FOR THE DETERMINATION OF APPLICATIONS

Time limits for applications

8.—(1) An application may not be made—

(a) before the relevant date;

(b) more than 7 days after the relevant date, except with the leave of the adjudication officer.

(2) Leave to make an application after the time specified in paragraph (1)(b) above shall only be granted where—

(a) the applicant did not know of any grounds for the application, and could not reasonably have discovered them, until after that time; or

(b) in the case of an application by an employer, the fact of—

(i) service or deemed service on the reservist of a notice calling out or recalling him for service, or

(ii) acceptance into service under section 59(5) or 71(5) respectively of the 1996 Act, or

(iii) postponement under section 45(6), 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) of the 1996 Act of the reservist’s entitlement to be released or discharged,

did not come to the employer’s attention until after that time,

and the application was made promptly after the applicant had become aware of those grounds or that fact.

Person to whom applications made

9.—(1) An application shall be made to the person specified in Schedule 3.

(2) The person to whom an application has been made shall, if he is not an adjudication officer, immediately pass that application to an adjudication officer.

Procedure for applications and provision of information

10.—(1) Any step required to be taken by an applicant under this Part may be taken by any person authorised for this purpose by the applicant.

(2) Subject to paragraph (5) below, an application shall be made in writing.

(3) A reservist shall—

(a) on making an application provide the information specified in paragraph 1(1) of Schedule 4;

(b) within 7 days of making an application provide such information as is required by paragraph 1(2) of Schedule 4 to support the grounds on which he is making his application.

(4) An employer shall on making an application provide the information specified in paragraph 2 of Schedule 4.

(5) A reservist may make an oral application but that application shall lapse unless the information required under paragraph (3)(a) above is provided in writing within the time limited in regulation 8(1)(b) or (2) above for the making of an application.

(6) An adjudication officer may require any person to provide such further information in connection with the application as the adjudication officer may at any time reasonably require.

(7) A person who has furnished information under this regulation shall notify the adjudication officer of—

(a) any inaccuracy in, or change to, that information; or

(b) any event,

which could materially affect the application, no later than 7 days after the inaccuracy, change or event came to that person’s attention.

Determination of applications and notification of determinations

11.—(1) The adjudication officer shall consider an application promptly and in accordance with the relevant provisions of these Regulations and shall within 2 days of making his determination give written notification of his determination to the person who made the application.

(2) Every such notification shall contain a statement—

(a) giving reasons for the determination;

(b) that the person who made the application may, if he is dissatisfied with the determination, appeal against it to a reserve forces appeal tribunal, and giving the address to which such an appeal should be sent.

Additional powers of adjudication officers

12.  An adjudication officer may—

(a) treat the requirement to provide information under regulation 10(3) or (4) above as having been satisfied if he already has that information when the application is made;

(b) reject an application if the person making it fails without reasonable excuse to provide information which he is required to provide under regulation 10 above;

(c) treat a claim for financial assistance under regulations made pursuant to sections 83 and 84 of the 1996 Act as an application under these Regulations;

(d) review his determination at any time until the beginning of the hearing by a reserve forces appeal tribunal of an appeal against that determination.

Effect of a person’s ceasing to be an employer on a determination

13.—(1) This regulation applies where on an application by an employer an adjudication officer has made a determination granting—

(a) deferral of or exemption from a reservist’s liability for relevant service; or

(b) release or discharge of a reservist from relevant service.

(2) Where the person who made the application ceases to be an employer in relation to that reservist—

(a) the determination shall cease to have effect on that day;

(b) that person shall within 7 days of ceasing to be such an employer so inform the adjudication officer.