PART IICall Out and Recall

Recall of service pensioners and former soldiers

33Recall notices under s. 31

1

The Defence Council may cause to be served on any person liable to be recalled for service under section 31 above a notice stating that he is recalled for service and requiring him to present himself—

a

at such place and at such time (not earlier than the third day after the service of the notice), and

b

to such authority,

as may be specified in the notice, and that person shall be deemed to be so recalled as from that time (in this section referred to as " the time of recall").

2

A notice under this section may, before the time of recall, be—

a

cancelled by a subsequent notice under this section; or

b

varied by altering the place at which or authority to whom the person is by a notice under this section required to present himself at the time of recall.

3

A notice under this section shall cease to have effect if before the time of recall the person on whom it is served ceases to be liable under section 31 to be recalled for service.

4

Any notice under this section shall be deemed to be duly served on a person if it is sent to him by post addressed to his last known address.

5

No steps shall be taken against a person in respect of failure to comply with a notice under this section unless either—

a

it is proved that the notice was received by him, or

b

the notice was sent addressed to his last known address by registered post or the recorded delivery service,

and where in the case of a notice not so sent it appears to the Defence Council that the person to whom the notice relates may not have received the notice the Defence Council may serve on him by registered post or the recorded delivery service a subsequent notice superseding the original notice.