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Reserve Forces Act 1980

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30 Liability of naval and marine pensioners to recall.U.K.

(1)Whenever any emergency arises which in the Secretary of State’s opinion renders it advisable to require the services in the Royal Navy of any persons who—

(a)have served as petty officers or seamen in the navy, and

(b)are in receipt of pensions in respect of such service,

he may order any of those persons to join the navy, and those so ordered shall serve in the navy during such time as the emergency in the Secretary of State’s opinion continues, and while so serving they shall continue to receive their pensions.

(2)The enactments concerning the discharge of seamen serving in the Royal Navy and becoming entitled to be discharged shall be applicable to and for the discharge of any of those serving under subsection (1) above, and becoming entitled to be discharged.

(3)Subsection (1) above applies to persons who—

(a)have served as non-commissioned officers and men of the Royal Marines, and

(b)are in receipt of pensions in respect of such service,

as it applies to petty officers or seamen of the Royal Navy, but those required to serve under this subsection shall serve as non-commissioned officers and marines in the Royal Marines, and not as petty officers and seamen.

(4)If any person who—

(a)has served as a non-commissioned officer or marine of the Royal Marines, and

(b)is one to whom subsection (1) above applies by virtue of subsection (3) above, and

(c)has been required to serve in the Royal Navy under subsection (1) at the time and place specified in a call-out notice—

(i)which is serve on him in pursuance of section 26(1) above, and

(ii)which specifies subsection (1) as the enactment by virtue of which he is called into service,

does not appear for the purpose of entering into permanent service (or join any of Her Majesty’s ships or vessels which he may be required to join for that purpose) he shall be liable to be apprehended and punished in the same manner as any person belonging to the Royal Navy and deserting or improperly absenting himself from duty.

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