Reserve Forces Act 1980

1. Introductory Text

2. Part I The Reserve and Auxiliary Forces

   1. Naval and marine reserves

      1. 1. Royal Naval Reserve.

      2. 2. Royal Fleet Reserve and its special class.

      3. 3. Royal Marines Reserve.

   2. Army reserves and auxiliaries

      1. 4. Army Reserve.

      2. 5. Territorial Army.

      3. 6. Home Service Force of the Territorial Army.

      4. 7. Ulster Defence Regiment.

   3. Air force reserves and auxiliaries

      1. 8. Air Force Reserve.

      2. 9. Royal Auxiliary Air Force.

3. Part II Call Out and Recall

   1. General provisions as to call out for permanent service

      1. 10. Call out for national danger.

      2. 11. Call out for warlike operations.

      3. 12. Call out of Territorial Army under s. 11.

      4. 13. Provisions supplemental to ss. 10 to 12.

   2. Call out under special agreement

      1. 14. Call out under special agreement.

      2. 15. Regular army agreements under s. 14.

   3. Other provisions as to call out for service

      1. 16. Permanent service call out of naval and marine reserves.

      2. 17. Naval and marine reserve service under ss. 10 and 16.

      3. 18. Permanent service call out of Army Reserve.

      4. 19. Duration of Army Reserve permanent service.

      5. 19A. Postponement of discharge of members of Army Reserve during call out.

      6. 20. Permanent service call out of Air Force Reserve.

      7. 21. Duration of Air Force Reserve permanent service.

      8. 21A. Postponement of discharge of members of Air Force Reserve during call out.

      9. 22. Call out of Territorial Army and Royal Auxiliary Air Force for home defence service.

      10. 23. Army and air force reserves in aid of civil power.

      11. 24. Permanent service call out of Ulster Defence Regiment.

      12. 25. Emergency service call out of Ulster Defence Regiment.

      13. 25A. Application of section 62 of the Reserve Forces Act 1996

   4. Call-out notices under certain enactments

      1. 26. Call-out notices under s. 10(1) and other enactments.

      2. 27. Call-out notices deemed on personal attendance.

      3. 28. Differing service liabilities of those called out.

      4. 29. End of service under call-out notices.

      5. 29A. Application of provisions relating to recall

   5. Recall of service pensioners and former soldiers

      1. 30. Liability of naval and marine pensioners to recall.

      2. 31. Liability of army and air force pensioners to recall.

      3. 32. Occasion for and period of recall under s. 31.

      4. 33. Recall notices under s. 31.

      5. 34. Liability of certain former soldiers to recall.

      6. 35. Recall notices under s. 34.

      7. 36. Recall notices deemed served on personal attendance.

      8. 36A. Application of Part X of the Reserve Forces Act 1996 to persons liable to recall under section 30, 31 or 34

   6. Call out for training

      1. 37. Training and exercise of Royal Naval Reserve and Royal Fleet Reserve.

      2. 38. Army Reserve, Air Force Reserve and Territorial Army training.

      3. 39. Application of s. 38.

      4. 40. Preliminary training of Royal Auxiliary Air Force.

      5. 41. Annual training of Royal Auxiliary Air Force.

      6. 42. Variation and cancellation of training periods for Royal Auxiliary Air Force.

      7. 42A. Application of section 23 of the Reserve Forces Act 1996

      8. 43. Voluntary training.

      9. 44. Requirement as to training of Ulster Defence Regiment in Northern Ireland.

4. Part III Naval and Marine Reserves

   1. Officers of reserve to the Royal Navy

      1. 45. Offers to serve as officers of reserve.

      2. 46. Enrolment of officers.

   2. General provisions as to the naval and marine reserves

      1. 47. False answers on enlistment.

      2. 48. Void enlistment in regular forces.

      3. 49. Enlistment outside British Islands.

      4. 50. Term of service in Royal Naval Reserve and Royal Fleet Reserve.

      5. 51. Naval and marine reserves called into permanent service.

      6. 52. Marines serving in Royal Fleet Reserve.

      7. 53. Billeting.

      8. 54. Discharge.

      9. 55. Admission to Greenwich Hospital.

      10. 56. Regulations for naval and marine reserves.

   3. Special class of Royal Fleet Reserve

      1. 57. Special class of Royal Fleet Reserve.

      2. 58. Transfers to Royal Fleet Resreve.

   4. Pay, pensions and other payments in respect of naval and marine reserves

      1. 59. Rates of pay and allowances.

      2. 60. Allowances and pensions for officers of reserve.

      3. 61. Pensions for persons of Royal Naval Reserve and Royal Fleet Reserve.

5. Part IV Army Reserve and Air Force Reserve

   1. Army Reserve

      1. 62. Government, discipline and pay of Army Reserve.

      2. 63. Exercise of powers vested in military office holder.

      3. 64. Payment and management of Army Reserve pensions.

      4. 65. Transfer to Territorial Army.

   2. Air Force Reserve

      1. 66. Government, discipline and pay of Air Force Reserve.

      2. 67. Exercise of powers vested in air force officer holder.

      3. 68. Service in Air Force Reserve as special reservist.

      4. 69. Special reservist called out for permanent service.

      5. 70. Special reservist called out for special courses, etc.

   3. Enlistment in Army Reserve and Air Force Reserve

      1. 71. Procedure and term of service on enlistment or re-engagement.

      2. 72. Enlistment and residence outside United Kingdom.

   4. Offences

      1. 73. Failure to attend for permanent service, training etc.

      2. 74. Inducing a person to desert or absent himself.

      3. 75. False pretence of desertion or absence without leave.

      4. 76. Offences against orders and regulations.

      5. 77. Trial of offences.

      6. 78. Jurisdiction of courts.

      7. 79. Offences triable by court-martial or magistrates’ court.

      8. 80. Record of illegal absence.

      9. 81. Evidence generally under Part IV.

   5. Miscellaneous

      1. 82. Transfer outside United Kingdom.

      2. 83. Postponement of discharge or transfer to reserve.

      3. 84. Exemption from tolls, etc.

      4. 85. Service of notices for Army Reserve and Air Force Reserve.

      5. 86. Orders and regulations for Army Reserve and Air Force Reserve.

      6. 87. Interpretation of Part IV.

6. Part V Territorial Army and Royal Auxiliary Air Force

   1. Government, discipline and pay of Territorial Army and Royal Auxiliary Air Force

      1. 88. Her Majesty’s orders as to Territorial Army and Royal Auxiliary Air Force.

      2. 89. Her Majesty’s orders as to Territorial Army.

      3. 90. Her Majesty’s orders as to Royal Auxiliary Air Force.

      4. 91. Regulations as to matters under ss. 88 to 90.

      5. 92. Matters not to be within orders or regulations under ss. 88 to 91.

      6. 93. Exercise of powers of military and air force office holders.

   2. Enlistment

      1. 94. Procedure for enlistment.

      2. 95. Conditions of enlistment.

      3. 96. Term and area of service.

      4. 97. Re-engagement for service.

   3. Discharge

      1. 98. Entitlement to discharge.

      2. 99. Liability to discharge.

      3. 100. Postponement of discharge: Territorial Army and Royal Auxiliary Air Force.

      4. 101. Postponement of discharge: Territorial Army.

      5. 102. Enlistment into other reserves.

   4. Additional provisions as to call-out

      1. 103. Transfer and posting on call-out of Territorial Army.

      2. 104. Transfer and posting on call-out of Royal Auxiliary Air Force.

      3. 105. Rights after service under ss. 103 and 104.

   5. Offences

      1. 106. Failure to attend on call-out.

      2. 107. Assistance in desertion.

      3. 108. Failure to fulfil training conditions.

      4. 109. Wrongful sale, etc., of public property.

      5. 110. Trial of offences by magistrates’ court.

      6. 111. Offences punishable by court-martial.

      7. 112. Jurisdiction of courts.

      8. 113. Time for institution of proceedings.

      9. 114. Courts of inquiry.

      10. 115. Offences triable both by court-martial and summarily.

      11. 116. Evidence generally under Part V.

   6. Miscellaneous

      1. 117. Certain provisions as to commissions in Territorial Army.

      2. 118. Civil rights and exemptions.

      3. 119. Exemption from tolls, etc.

      4. 120. Service of notices for Territorial Army and Royal Auxiliary Air Force.

7. Part VI Territorial, Auxiliary and Volunteer Reserve Associations, and the Lieutenancies

   1. Army and air force associations

      1. 121. Associations.

      2. 122. Constitution of associations.

      3. 123. General duties of associations.

      4. 124. Powers and duties assignable to associations.

      5. 125. Expenses of associations.

      6. 126. Accounts of associations.

      7. 127. Joint committees of associations.

      8. 128. Regulations as to associations.

      9. 129. Compensation of displaced employees.

   2. The lieutenancies

      1. 130. Lieutenancies in England and Wales.

      2. 131. Lieutenancies in Scotland.

      3. 132. Lieutenancies in Northern Ireland.

      4. 133. Deputy lieutenants.

      5. 134. Absence or disability of lord-lieutenant.

      6. 135. Appointment of vice lord-lieutenant.

      7. 136. Removal of vice lord-lieutenant and deputy lieutenants.

      8. 137. Statutory functions of lord-lieutenant and deputy lieutenants.

      9. 138. Commissioners of lieutenancy for City of London.

8. Part VII Ulster Defence Regiment

   1. Membership of Ulster Defence Regiment

      1. 139. Enrolment, re-engagement and resignation.

      2. 140. Orders and regulations as to acceptance and service.

   2. Military status of members of Ulster Defence Regiment

      1. 141. Membership of armed forces and application of military law.

      2. 142. Application of Army Act.

   3. Offences

      1. 143. Failure to attend or comply.

      2. 144. Assistance in desertion, etc.

9. Part VIII Miscellaneous and Supplemental

   1. Reinstatement in civil employment, and protection of other civil interests

      1. 145. Reinstatement in civil employment.

      2. 146. Protection of other civil interests.

   2. Charitable property on disbanding of units

      1. 147. Charities in England and Wales on disbanding of units.

      2. 148. Charities in Scotland on disbanding of units.

      3. 149. Charities in Northern Ireland on disbanding of units.

   3. Further powers as to orders and regulations

      1. 150. Further power for Secretary of State to make regulations.

      2. 151. Pensions and other grants under Home Guard Act 1951 c. 8.

      3. 152. Application and modification of enactments.

   4. Other provisions as to orders, schemes and regulations

      1. 153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 154. Additional provisions as to Orders in Council and schemes.

      3. 155. Amendment of subordinate legislation.

   5. Other supplemental provisions

      1. 156. Interpretation.

      2. 157. Saving and transitional provisions, consequential amendments and repeals.

      3. 158. Citation, extent and commencement.

10. SCHEDULES

    1. SCHEDULE 1

       Additional Provisions in Relation to Call Out Under Special Agreement

       1. Special agreements

          1. 1. (1) Any agreement for the purposes of section 14 above...

       2. Notices

          1. 2. (1) A notice to any person under section 14(1) above...

       3. Length of call out

          1. 3. (1) The term for which a person may be called...

       4. Calculation of length of service

          1. 4. If, in the case of any person, at the time...

          2. 5. In determining in the case of any person the end...

          3. 6. If, in the case of any such term as is...

       5. Special agreements and the Territorial Army

          1. 7. Any notice given by any person under section 98(1) above...

          2. 8. If the term of any person’s enlistment in the Territorial...

          3. 9. Where a member of the Territorial Army has been called...

       6. Application of the Army Act 1955

          1. 10. In the case of a person who does not for...

    2. SCHEDULE 2

       Army and Air Force Pensioners and other Former Soldiers not Liable to be Recalled for Service

       1. 1. A man in holy orders or a regular minister of...

       2. 2. A person who is receiving treatment for mental disorder as...

       3. 3. A person certified to be registered as a blind person—...

    3. SCHEDULE 3

       Enlistment Under Part IV or Part V

       1. Enlistment

          1. 1. (1) A person offering to enlist shall be given a...

       2. Procedure on attestation

          1. 2. (1) The recruiting officer shall warn the person to be...

       3. Validity of attestation and enlistment

          1. 3. (1) Where a person has signed the declaration required by...

       4. False answers in attestation papers

          1. 4. (1) If a person appearing before a recruiting officer for...

       5. Evidence as to attestation papers

          1. 5. With respect to evidence in proceedings under Part IV or...

       6. Interpretation of Schedule 3

          1. 6. In this Schedule— “appropriate minimum age” means the age of...

    4. SCHEDULE 4

       Territories in which Persons May Not be Enlisted into the Army Reserve or the Air Force Reserve

    5. SCHEDULE 5

       Deserters and Absentees Without Leave Under Part IV or Part V

       1. Arrest of deserters and absentees without leave

          1. 1. (1) A constable may arrest any person whom he has...

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

          1. 2. (1) Where a person who is brought before a magistrates’...

       3. Deserters and absentees without leave surrendering to police

          1. 3. (1) Where in the United Kingdom or any colony a...

       4. Certificates of arrest or surrender of deserters and absentees

          1. 4. (1) Where a magistrates’ court in pursuance of paragraph 2...

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

          1. 5. (1) It shall be the duty of the governor of...

    6. SCHEDULE 6

       Evidence Under Part IV or Part V

       1. General provisions as to evidence

          1. 1. (1) The following provisions of this paragraph shall have effect...

       2. Proof of outcome of civil trial

          1. 2. (1) Where a person subject to military law or to...

    7. SCHEDULE 7

       Provisions of Schemes for the Constitution of Associations

       1. 1. A scheme for the constitution of an association shall provide—...

       2. 2. A scheme for the constitution of an association other than...

       3. 3. A scheme for the establishment of an association in Scotland...

       4. 4. A scheme for the constitution of an association established for...

       5. 5. A scheme for the constitution of an association may provide—...

       6. 6. A scheme shall provide that of the chairman and vice-chairmen...

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

       8. 8. (1) A scheme for the constitution of an association established...

    8. SCHEDULE 8

       Saving and Transitional Provisions

       1. General

          1. 1. References in paragraph (b) of section 17(2) of the Interpretation...

          2. 2. Where any period of time specified in an enactment repealed...

          3. 3. The repeal of an enactment by this Act does not...

          4. 4. A conviction for an offence under an enactment repealed by...

       2. Saving of amendments

          1. 5. (1) The amendments made— (a) by section 23(6) of, and...

       3. Permanent service in naval and marine reserves

          1. 6. Any reference in any enactment to actual service under section...

       4. Militia storehouses

          1. 7. (1) Notwithstanding the repeal by this Act of section 4...

       5. Enlistment in the Territorial Army or Royal Auxiliary Air Force prior to order or regulation under Auxiliary Forces Act 1953

          1. 8. Where a man— (a) is a member of the Territorial...

       6. Reserve of officers maintained under section 11(4) of Auxiliary Forces Act 1953

          1. 9. In relation to the Reserve Forces Act 1966—

       7. Transfers to reserve under Army Act and Air Force Act

          1. 10. In this Act— (a) references to the Army Act 1955...

       8. Modifications of other enactments

          1. 11. Without prejudice to section 152(2) above— (a) any reference in...

       9. Naval and Marine Reserves Pay Act 1957

          1. 12. Notwithstanding the repeal by this Act of the references to—...

       10. The lieutenancies in England and Wales

           1. 13. (1) Any reference to a lieutenant of a county or...

       11. The lieutenancies in Scotland

           1. 14. (1) Any reference to a lieutenant of a county in...

       12. Permanent service call out of special class of Royal Fleet Reserve otherwise than under section 11

           1. 15. (1) Where section 11 above does not apply to a...

       13. Permanent service call out of Army Reserve and Air Force Reserve otherwise than under section 11

           1. 16. (1) Where section 11 above does not apply to a...

       14. Call out for training of Army Reserve and Air Force Reserve otherwise than under section 38

           1. 17. (1) Where section 38 above does not apply to a...

       15. Call out for training of Territorial Army otherwise than under section 38

           1. 18. (1) Where section 38 above does not apply to a...

       16. Election for section 38 to apply

           1. 19. A person who immediately before 1st January 1967 was a...

       17. Section 12 of Social Security (Miscellaneous Provisions) Act 1977

           1. 20. Where section 12 of the Social Security (Miscellaneous Provisions) Act...

    9. SCHEDULE 9

       CONSEQUENTIAL AMENDMENTS

       1. ACTS

          1. Home Guard Act 1951

             1. 1. In section 2 Of the Home Guard Act 1951 for...

          2. Army Act 1955

             1. 2. In section 211 of the Army Act 1955—

             2. 3. In section 225(2) of the Army Act 1955—

             3. 4. In paragraph 4A(8) of Schedule 7 to the Army Act...

          3. Air Force Act 1955

             1. 5. In section 210 of the Air Force Act 1955—

             2. 6. In section 223(2) of the Air Force Act 1955—

          4. Naval Disciptine Act 1957

             1. 7. In section 111(4) of the Naval Discipline Act 1957, for...

          5. London Government Act 1963

             1. 8. In section 84(3) of the London Government Act 1963—

          6. Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965

             1. 9. In Paragraph 11A(3) of Schedule 1 to the Contracts of...

          7. Armed Forces Act 1966

             1. 10. In section 4(9) of the Armed Forces Act 1966 for...

          8. Pensions (Increase) Act 1971

             1. 11. In paragraph 37 of Part I of Schedule 2 to...

          9. Housing (Financial Provisions) (Scotland) Act 1972

             1. 12. In paragraph 9(4) of Schedule 2 to the Housing (Financial...

             2. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          10. Local Government (Scotland) Act 1973

              1. 14. In section 114(7), in paragraph (a) of the definition of...

          11. Trade Union and Labour Relations Act 1974

              1. 15. In paragraph 33(4) of Part IV of Schedule I to...

          12. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          13. Employment Protection (Consolidation) Act 1978

              1. 17. In the Employment Protection (Consolidation) Act 1978—

          14. Pensioners’ Payments and Social Security Act 1979

              1. 18. In section 2(2) of the Pensioners’ Payments and Social Security...

       2. ORDERS

          1. Industrial Relations (Northern Ireland) Order 1976

             1. 19. In article 79(4) of the Industrial Relations (Northern Ireland) Order...

          2. Industrial Relations (No. 2) (Northern Ireland) Order 1976

             1. 20. In article 62(3) of the Industrial Relations (No.2) (Northern Ireland)...

             2. 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    10. SCHEDULE 10.

        Repeals