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(This note is not part of the Regulations)
These Regulations amend the regulations (“Terms of Service Regulations”) which provide for the terms of service for enlisted members of the regular forces (the Royal Navy, the Royal Marines, the regular Army and the Royal Air Force). These amendments are made in consequence of the Armed Forces (Flexible Working) Act 2018 (c. 2).
These Regulations amend the Terms of Service Regulations to introduce two new types of flexible working. They enable enlisted regulars to serve on a part-time basis. They also enable enlisted regulars to serve on a “restricted separation basis” so that, save for a limited number of days (up to 35 in any 12-month period), they spend at least part of every day that they are required to perform duties at their duty station or residence. The amendments—
– provide that an enlisted regular may serve on a flexible service arrangement which enables service on a part-time or on a restricted separation basis (or both at the same time);
set out the maximum number of days in a given period that an enlisted regular who is serving on a restricted separation basis may be required to perform duties away from their duty station or residence. The amendments also provide that the regular can volunteer to serve away from their duty station or residence for additional periods;
provide for the process under which an enlisted regular may apply for a flexible service arrangement and under which the arrangement may be varied, suspended or terminated;
enable the enlisted regular to apply for reconsideration of decisions relating to an application or the regular’s flexible service arrangement.
The amendments to the regulations which make provision as to the terms of service for members of the regular army provide that a person who is enlisted to serve on a local service engagement (an existing form of geographically restricted service) may not serve on a restricted separation basis. Regulation 11 makes consequential changes to enable a person enlisted to serve on a local service engagement to also serve on a part-time basis.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
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