Search Legislation

Reserve Forces Act 1996

Changes to legislation:

Reserve Forces Act 1996 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  1. Introductory Text

  2. Part I The Reserve Forces

    1. Maintenance and composition

      1. 1. Power to maintain the reserve forces.

      2. 2. Membership of the reserve forces.

      3. 3. Control of numbers in the reserve forces.

    2. Regulation and organisation

      1. 4. Orders and regulations concerning the reserve forces.

      2. 5. Organisation of the reserve forces.

      3. 6. Permanent staff of the reserve forces.

    3. Pay and pensions

      1. 7. Pay, bounty and allowances of the reserve forces.

      2. 8. Pensions.

  3. Part II Enlistment and conditions of service

    1. Enlistment and re-engagement

      1. 9. Enlistment of men in the reserve forces.

      2. 10. Enlistment of foreign nationals and residents.

      3. 11. Re-engagement for service.

      4. 12. Service in the reserve land and air forces on enlistment.

      5. 13. Transfer of men between reserve forces.

    2. Discharge

      1. 14. General powers to discharge men of the reserve forces.

      2. 15. Discharge by commanding officer.

      3. 16. Entitlement to discharge.

      4. 17. Postponement of discharge.

      5. 18. Rights of men on being discharged.

    3. Supplementary

      1. 19. Orders and regulations as to enlistment etc.

      2. 20. Command, posting etc. of men in permanent service.

      3. 21. Service of marines in the Royal Fleet Reserve.

  4. Part III Training and other duties

    1. Obligatory training

      1. 22. Training obligations of members of the reserve forces.

      2. 23. Power to exempt persons from or relax training obligations.

    2. Commitments to perform additional duties

      1. 24. Commitments to a period of full-time service.

      2. 25. Additional duties commitments.

      3. 26. Parliamentary control of commitments.

    3. Voluntary activities

      1. 27. Voluntary training and other duties.

  5. Part IV Special agreements for call out

    1. Special agreements

      1. 28. Special agreements.

      2. 29. Employers’ consent before entering agreements.

      3. 30. New employer’s consent to continuation of agreements.

      4. 31. Termination of agreements.

    2. Call out for permanent service under Part IV

      1. 32. Call out of persons who have entered into special agreements.

      2. 33. Acceptance into service under Part IV.

      3. 34. Release from service under Part IV.

    3. Supplementary

      1. 35. Exercise of certain functions under section 32 or 33.

      2. 36. Parliamentary control of numbers and reports.

      3. 37. Interpretation of Part IV.

  6. Part V Employee Agreements

    1. Preliminary

      1. 38. Purpose of Part V.

      2. 39. Employee agreements.

    2. Liabilities of special members

      1. 40. Liability of special members to be called out or to train.

      2. 41. Cessation of liabilities.

      3. 42. Discharge etc. of special members.

    3. Call out for permanent service under Part V

      1. 43. Call out of special members.

      2. 44. Acceptance into service of special members.

      3. 45. Release from service of special members.

    4. Supplementary

      1. 46. Exercise of certain functions under section 43 or 44.

      2. 47. Parliamentary control of numbers and reports.

      3. 48. Application of Part V to Crown servants, employees of sub-contractors and self-employed persons.

      4. 49. Interpretation of Part V.

  7. Part VI Call out for permanent service

    1. General liability to be called out for permanent service

      1. 50. Liability of members of reserve forces under call-out orders.

      2. 51. Geographical extent of liability to service on call out.

    2. Powers to authorise call out

      1. 52. Call out for national danger, great emergency or attack on the UK.

      2. 53. Maximum duration of service on call out under section 52.

      3. 53A.Agreement to alter limits in section 53

      4. 54. Call out for warlike operations.

      5. 55. Maximum duration of service on call out under section 54.

      6. 55A.Agreement to alter limits in section 55

      7. 56. Call out for certain purposes.

      8. 57. Maximum duration of service on call out under section 56.

      9. 57A.Agreement to alter limits in section 57

    3. Call out of members of a reserve force

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

      2. 59. Acceptance into service under call-out order.

      3. 60. Release from service under call-out order.

      4. 61. Alteration of authority for call out.

    4. Supplementary

      1. 62. Power to exempt persons from or relax call-out liability.

      2. 63. Exercise of certain functions under section 58 or 61.

      3. 64. Interpretation of Part VI.

  8. Part VII Recall for service of officers and former servicemen

    1. Liability to be recalled for service

      1. 65. Liability of officers and former servicemen to be recalled.

      2. 66. Persons who may be recalled under Part VII.

      3. 67. Geographical extent of liability to service on recall.

    2. Power to authorise recall

      1. 68. Recall for national danger, great emergency or attack on the UK.

      2. 69. Maximum duration of service on recall.

    3. Recall for permanent service

      1. 70. Recall of persons on authority of recall order.

      2. 71. Acceptance into service under recall order.

      3. 72. Release and discharge from service under recall order.

    4. Supplementary

      1. 73. Power to exempt persons from or relax recall liability.

      2. 74. Exercise of certain functions under section 70.

      3. 75. Power to require information.

      4. 76. Recall not to affect service pensions.

      5. 77. Interpretation of Part VII.

  9. Part VIII Schemes for Exemption and Financial Assistance

    1. Individual exemptions etc. from call out or recall

      1. 78. Individual exemptions etc. from call out.

      2. 79. Individual exemptions etc. from recall.

      3. 80. Effect of exemptions etc.

      4. 81. Regulations under section 78 or 79: supplementary.

      5. 82. Offences in connection with regulations under section 78 or 79.

    2. Financial assistance in respect of reserve forces

      1. 83. Payments to individuals in respect of financial loss attributable to call out or recall.

      2. 84. Payments to employers etc. in respect of financial loss attributable to call out or recall.

      3. 84A.Other payments to employers etc of members of reserve forces

      4. 85. Regulations under section 83 , 84 or 84A: supplementary.

      5. 86. Power to suspend payments due to national danger or great emergency.

      6. 87. Offences in connection with claims for payments.

  10. Part IX Reserve forces appeal tribunals

    1. 88. The reserve forces appeal tribunals.

    2. 89. Jurisdiction and powers of appeal tribunals.

    3. 90. Appointment of panel of chairmen.

    4. 91. Appointment of panel of ordinary members.

    5. 92. Membership of tribunals etc.

    6. 92A.Sections 90 to 92: supplementary

    7. 93. General power to make rules.

    8. 94. Offences in connection with appeals.

  11. Part X General Offences

    1. Offences against good order and discipline

      1. 95.Offences against orders and regulations under section 4.

    2. Desertion and absence without leave from service, duty or training

      1. 96. Failure to attend for service on call out or recall.

      2. 97. Failure to attend for duty or training.

      3. 98. Punishment etc. of offences of desertion or absence without leave.

      4. 99. False pretence of illegal absence.

      5. 100A.Arrest by civilian police of deserters and absentees without leave

      6. 101. Inducing a person to desert or absent himself.

      7. 102. Record of illegal absence.

    3. General

      1. 103. Trial of offences as offences under service law.

      2. 104. Jurisdiction of civil courts.

      3. 105. Trial of offences by civil court.

      4. 106. Offences triable by court-martial or civil court.

      5. 107. Time for institution of proceedings.

      6. 108. Evidence.

      7. 109. Meaning of “civil court”.

  12. Part XI Reserve Associations

    1. 110. Establishment of associations for areas in the UK.

    2. 111. Constitution of associations.

    3. 112. General duties of associations.

    4. 113. Powers and duties assignable to associations.

    5. 113A.Duty to prepare report on volunteer reserve forces

    6. 114. Expenses of associations.

    7. 115. Accounts of associations.

    8. 116. Joint committees of associations.

    9. 117. Regulations as to associations.

    10. 118. Compensation of displaced employees.

    11. 119. Winding-up of associations.

  13. Part XII Miscellaneous and General

    1. Miscellaneous

      1. 120. Disbanding of units: charitable property.

      2. 121. The lieutenancies.

      3. 122. Safeguard of employment for members of reserve forces.

      4. 123. Billeting.

      5. 124. Exemption from tolls etc.

      6. 125. Absence for voting.

      7. 125A.Supply of contact details by HMRC

      8. 125B.Prohibition on disclosure of contact details supplied under section 125A

      9. 125C.Data protection

      10. 126. Postponement of transfer to the reserve or discharge of servicemen.

    2. General

      1. 127. Interpretation.

      2. 128. Transitory provisions.

      3. 129. Application of Act to members of transitional classes.

      4. 130. Power to make transitional, consequential etc. provisions.

      5. 131. Consequential amendments and repeals.

      6. 132. Short title, extent and commencement.

  14. SCHEDULES

    1. SCHEDULE 1

      Enlistment

      1. Conditions for enlistment

        1. 1.(1) An enlisting officer shall not enlist any person as...

        2. 2.(1) An enlisting officer shall not enlist a person under...

      2. Procedure on attestation

        1. 3.(1) The procedure for enlisting a person (in this paragraph...

      3. Validity of attestation and enlistment

        1. 4.(1) This paragraph applies where a person has signed the...

      4. False answers in attestation papers

        1. 5.(1) Any person appearing before an enlisting officer for the...

      5. Evidence as to attestation papers

        1. 6.(1) With respect to evidence in proceedings under Part X,...

      6. ...

        1. 7.In this Schedule “ appropriate minimum age ” means the...

    2. SCHEDULE 2

      Deserters and absentees without leave

      1. Preliminary

        1. 1.(1) This Schedule applies in relation to anyone who is,...

      2. Arrest

        1. 2.(1) Where a constable has reasonable grounds for suspecting that...

      3. Proceedings before a civil court where persons suspected of illegal absence

        1. 3.(1) Paragraphs 4 and 5 apply in the case of...

        2. 4.(1) This paragraph applies where the accused admits that he...

        3. 5.(1) This paragraph applies where— (a) the accused does not...

      4. Surrender to police

        1. 6.(1) Where a person surrenders himself to a constable as...

      5. Certificates of arrest or surrender

        1. 7.(1) Where a person is delivered into military, air-force or...

        2. 8.(1) Where a person is delivered into military, air-force or...

        3. 9.(1) In proceedings for an offence under section 96 a...

      6. Duties of governors of prisons and others to receive deserters and absentees

        1. 10.(1) It shall be the duty of the governor of...

    3. SCHEDULE 3

      Evidence

      1. General provisions as to evidence

        1. 1.This Schedule has effect with respect to evidence in proceedings...

        2. 2.A letter, return or other document stating that any person—...

        3. 3.(1) A record made in any service book or other...

        4. 4.A document purporting to be issued by order of the...

        5. 5.A certificate purporting to be issued by or on behalf...

        6. 6.A certificate purporting to be signed by a person’s commanding...

        7. 7.Where, in relation to one reserve force, any document would...

      2. Proceedings for offences under section 95

        1. 8.Where a man of any reserve force is required by...

      3. Proof of outcome of civil trial

        1. 9.(1) Where a person subject to service law has been...

    4. SCHEDULE 4

      Provisions of schemes for the constitution of associations

      1. 1.(1) A scheme for the constitution of an association (“a...

      2. 2.A scheme for an association in England and Wales or...

      3. 3.A scheme for an association in Scotland shall provide—

      4. 4.A scheme for an association established for an area including...

      5. 5.A scheme may provide— (a) for the appointment as members...

      6. 6.A scheme shall provide that of the chairman and the...

      7. 7.A scheme may contain any consequential, supplemental or transitory provisions...

      8. 8.(1) A scheme for an association established for an area...

      9. 9.(1) The Governor of the Isle of Wight shall ex-officio...

      10. 10.In this Schedule— “air force member” means one who is...

    5. SCHEDULE 5

      Charitable property on disbanding of units

      1. Part I Preliminary

        1. Designation of successor to disbanded unit

          1. 1.(1) A warrant of Her Majesty may designate, for the...

        2. General interpretation

          1. 2.In this Schedule— “disbanded unit” means a unit for which...

      2. Part II Succession to charitable property: England and Wales

        1. Effect of designation of successor to disbanded unit

          1. 3.(1) On and after the day on which a warrant...

        2. Exclusion of charitable property from paragraph 3

          1. 4.(1) If Charity Commission considers that paragraph 3(1) should not...

          2. 5.(1) If a charity affected by a warrant or any...

        3. Application of property otherwise than under paragraph 3

          1. 6.In any case where— (a) the Secretary of State requests...

        4. Validity of certain acts by trustees

          1. 7.Neither a warrant nor any order under paragraph 4 or...

        5. Saving for interests in property contingent on disbandment of unit

          1. 8.Nothing in this Part of this Schedule applies to any...

      3. Part III Succession to charitable property: Scotland

        1. Effect of designation of successor to disbanded unit

          1. 9.(1) On and after the day on which a warrant...

        2. Exclusion of charitable property from paragraph 9

          1. 10.(1) If the Lord Advocate considers that paragraph 9 should...

          2. 11.(1) If a recognised body affected by a warrant or...

        3. Power of Lord Advocate to apply to Court of Session

          1. 12.(1) Where a body of a reserve force has been...

        4. Validity of certain acts

          1. 13.None of the following, that is to say, a warrant,...

        5. Saving for interests in property contingent on disbandment of unit

          1. 14.Nothing in this Part of this Schedule applies to any...

      4. Part IV Succession to charitable property: Northern Ireland

        1. Effect of designation of successor to disbanded unit

          1. 15.(1) On and after the day on which a warrant...

        2. Exclusion of charitable property from paragraph 15

          1. 16.(1) If the Department of Health and Social Services for...

          2. 17.(1) If a charity affected by a warrant or any...

        3. Application of property otherwise than under paragraph 15

          1. 18.In any case where— (a) the Secretary of State requests...

        4. Validity of certain acts by trustees

          1. 19.Neither a warrant nor any order under paragraph 16 or...

        5. Saving for interests in property contingent on disbandment of unit

          1. 20.Nothing in this Part of this Schedule applies to any...

    6. SCHEDULE 6

      1. 1.

      2. 2.

      3. 3.

      4. 4.

      5. 5.

    7. SCHEDULE 7

      Postponement of transfer to the reserve or discharge from the regular services

      1. The Army

        1. 1.(1) Sections 9 (postponement of transfer to the reserve or...

        2. 2.The Army Act 1955 shall continue to apply without the...

      2. The Royal Marines

        1. 3.(1) Paragraphs 4A (postponement of transfer to Royal Fleet Reserve...

        2. 4.The Army Act 1955 shall continue to apply without the...

      3. The Royal Air Force

        1. 5.(1) Sections 9 (postponement of transfer to the reserve or...

        2. 6.The Air Force Act 1955 shall continue to apply without...

      4. The Royal Navy

        1. 7.(1) Sections 4 (postponement of transfer to Royal Fleet Reserve...

        2. 8.The Armed Forces Act 1966 shall continue to apply without...

    8. SCHEDULE 8

      Transitory and transitional provisions

      1. Existing members of the reserve forces

        1. 1.(1) Nothing in section 2 shall prevent a person who,...

      2. Royal Fleet Reserve

        1. 2.(1) The Royal Fleet Reserve shall cease to be maintained...

        2. 3.Any reference in any enactment or other instrument to the...

      3. The special class of the Royal Fleet Reserve

        1. 4.(1) The special class of the Royal Fleet Reserve existing...

        2. 5.If it appears to the Secretary of State that—

      4. Home Service Force

        1. 6.Section 6 of the Reserve Forces Act 1980 shall cease...

      5. Royal Air Force Volunteer Reserve

        1. 7.(1) Her Majesty may continue to maintain a force known...

      6. Reserves of Officers

        1. 8.(1) On a day appointed by the Secretary of State...

        2. 9.On a day appointed by the Secretary of State by...

      7. Training of existing members of the Royal Auxiliary Air Force

        1. 10.Section 41(1) of the Reserve Forces Act 1980 shall apply,...

      8. Effect of transfers under this Schedule

        1. 11.(1) Any officers transferred to a reserve force under paragraph...

      9. Parliamentary control

        1. 12.A determination by Parliament of the permitted numbers of officers...

    9. SCHEDULE 9

      Application of Act to members of transitional classes

      1. Part I The original transitional class of members of the reserve forces

        1. 1.(1) The original transitional class consists of persons who—

        2. 2.A person who, immediately before the appointed day, was an...

        3. 3.An officer or man who becomes a member of a...

        4. 4.(1) A person who is a transitional member of a...

        5. 5.(1) In this Part of this Schedule “man”, in relation...

      2. Part II Application of Act to members of the original transitional class

        1. 6.The provisions of this Act (other than section 129 and...

        2. 7.(1) Any reference in this Act to a reserve force,...

        3. 8.(1) In the application of section 17(1) to a transitional...

        4. 9.(1) In the application of sections 18, 20 and 21...

        5. 10.Section 22 does not apply to transitional members of a...

        6. 11.In the application of section 24 to a transitional member...

        7. 12.(1) Transitional members may (subject to the provisions of this...

        8. 12A.In the application of section 28(3)(a) to a special agreement...

        9. 13.In the application of section 31(1) to a special agreement...

        10. 14.In the application of section 34(5) to transitional members, the...

        11. 15.In the application of section 40(5) to a transitional special...

        12. 16.An order may be made under section 41(6) suspending the...

        13. 17.In the application of section 45(5) to transitional members, the...

        14. 18.Part VI does not apply to transitional members.

        15. 19.Regulations under section 78, 83, 84 or 84A may make...

        16. 20.In the application of section 96(1) to a transitional member—...

        17. 21.In the application of section 97(2) to a transitional member,...

        18. 22.. . . . . . . . . ....

        19. 23.. . . . . . . . . ....

        20. 24.In the application of section 125 to a transitional member,...

      3. Part 3 The second transitional class of members of the reserve forces

        1. 25.(1) The second transitional class consists of persons who—

        2. 26.A person who, immediately before the appointed day, was a...

        3. 27.A person who becomes a member of a reserve force...

        4. 28.(1) A person who is a member of the second...

      4. Part 4 Application of Act to members of the second transitional class

        1. 29.Parts 4 and 6 of this Act apply in relation...

        2. 30.Section 28(3)(a) (special agreements: maximum period of service) applies in...

        3. 31.(1) Section 56 (call out for certain purposes) applies in...

        4. 32.Section 57 (maximum duration of service for call out under...

        5. 33.Section 57A(3) (agreement to alter limits in section 57) applies...

    10. SCHEDULE 10

      Minor and consequential amendments

      1. Army Act 1955 (c.18)

        1. 1.(1) . . . . . . . . ....

        2. 2.At the end of section 205 of that Act there...

        3. 3.(1) Section 210(2) (application of section 205 to Royal Marines)...

        4. 4.In section 210(3) of that Act, for the words “the...

        5. 5.In section 210(4) of that Act, for the word “or”...

        6. 6.After subsection (5) of section 210 of that Act there...

        7. 7.(1) Section 211 (application of Act to reserve forces) of...

        8. 8.In paragraph 22 of Schedule 7 (provisions as to Royal...

      2. Air Force Act 1955 (c.19)

        1. 9.(1) Section 205(1) (persons subject to air-force law) of the...

        2. 10.For subsection (3) of section 205 of that Act there...

        3. 11.(1) Section 210 (application of Act to reserve forces) of...

      3. Naval Discipline Act 1957 (c.53)

        1. 12.(1) Section 111 (application of Act to naval forces etc.)...

        2. 13.In section 132 (definitions of Her Majesty’s forces, etc.) of...

      4. Reserve Forces Act 1966 (c.30): old references to RMFVR

        1. 14.Any reference to the Royal Marine Forces Volunteer Reserve in...

      5. House of Commons Disqualification Act 1975 (c.24)

        1. 15.In section 3 (certain reserve officers and persons liable to...

      6. Northern Ireland Assembly Disqualification Act 1975 (c.25)

        1. 16.In section 2 (certain reserve officers and persons liable to...

      7. Employment Protection (Consolidation) Act 1978 (c.44)

        1. 17.. . . . . . . . . ....

      8. Magistrates’ Courts Act 1980 (c.43)

        1. 18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. Reserve Forces Act 1982 (c.14): old references to TAVR

        1. 19.Any reference to the Territorial and Army Volunteer Reserve in...

      10. Wages Act 1986 (c.48)

        1. 20.In section 9(4) (exclusion of service as a member of...

      11. Wages (Northern Ireland) Order 1988 (S.I. 1988/796 (N.I.7))

        1. 21.In Article 11(3) (exclusion of service as a member of...

      12. Official Secrets Act 1989 (c.6)

        1. 22.In section 12(1) (meaning of “Crown servant”) of the Official...

      13. Army Act 1992 (c.39)

        1. 23.In section 2(3) of the Army Act 1992 (application of...

      14. Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)

        1. 24.In section 274 (armed forces) of the Trade Union and...

      15. Tribunals and Inquiries Act 1992 (c.53)

        1. 25.In Schedule 1 to the Tribunals and Inquiries Act 1992...

      16. Judicial Pensions and Retirement Act 1993 (c.8)

        1. 26.In Schedule 5 to the Judicial Pensions and Retirement Act...

      17. Industrial Relations (Northern Ireland) Order 1993 (S.I. 1993/2668 (N.I.11))

        1. 27.In Article 9 (application of industrial relations legislation to the...

    11. SCHEDULE 11

      Repeals

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources