Reserve Forces Act 1996

General U.K.

127 Interpretation. U.K.

(1) In this Act—

“additional duties commitment” means a commitment under section 25;

“call-out order” has the meaning given by section 64;

“the ex-regular reserve forces” has the meaning given by section 2(2);

[F1 “full-time service commitment” means a commitment under section 24;]

“man” (except in Part VII) has the meaning given by section 2(4);

F2 . . .

“prescribed” means (except in Part VII) prescribed by orders or regulations under section 4;

“recall” and “recall order” have the meanings given by section 77;

F3 ...

[F4 “the regular army” has the meaning given by section 374 of the Armed Forces Act 2006;]

“regular services” means the Royal Navy, the Royal Marines, the regular army or the [F5 Royal Air Force];

“the reserve forces”, “the reserve naval and marine forces”, “the reserve land forces” and “the reserve air forces” have the meaning given by section 1(2);

“reserve marine force” means the Royal Marines Reserve;

[F6 “ section 24 commitment ” means a commitment under section 24;]

[F7 “service offence” has the meaning given by section 50 of the Armed Forces Act 2006;]

“special member” means a member of a reserve force who is, by virtue of Part V, a special member of that force;

“term of compulsory service” has the meaning given by section 13(7);

“the volunteer reserve forces” has the meaning given by section 2(3).

(2) Any reference in this Act to a member of a reserve force or a member of the reserve forces is to an officer in, or a man of, that force or any of those forces, as the case may be.

[F8 (3) The officer who is the “commanding officer” of a person for the purposes of any provision of this Act shall be determined by or under regulations made by the Defence Council under this subsection.

(4) Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.]

Textual Amendments

F1 Words in s. 127(1) omitted (1.5.2022 for specified purposes) by virtue of Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 5(a) (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

F2 S. 127(1): definition of "permanent service" omitted (1.1.1999) by virtue of S.I. 1998/3086, reg. 10(5)

F3 Words in s. 127(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 53(2)(a), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 Words in s. 127(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 53(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Words in s. 127(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 53(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F6 Words in s. 127(1) inserted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 5(b) (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

F7 Words in s. 127(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 53(2)(d); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F8 S. 127(3)(4) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 53(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

128 Transitory provisions. U.K.

Schedule 8 (transitory and transitional provisions relating to the organisation of the reserve forces as maintained under the M1 Reserve Forces Act 1980) shall have effect.

Marginal Citations

M1 1980 c. 9.

129 Application of Act to [F9 members of transitional classes]. U.K.

(1) Schedule 9 shall have effect with respect to the application of this Act in relation to members of the reserve forces who are members of [F10 —

(a) the original transitional class (see Parts 1 and 2 of that Schedule), or

(b) the second transitional class (see Parts 3 and 4 of that Schedule).]

(2) Nothing in the Reserve Forces Act 1980 shall apply to a member of a reserve force who is not a member of [F11 the original transitional class] or, in the case of a person who is to be transferred to the reserve from the regular services, is not capable of becoming a member of [F11 the original transitional class].

(3) [F12 In this Act— “the original transitional class”], in relation to members of the reserve forces, shall be construed in accordance with Part I of Schedule 9;

[F13 “the second transitional class”, in relation to members of the reserve forces, shall be construed in accordance with Part 3 of Schedule 9.]

Textual Amendments

F9 Words in s. 129 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 3 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

F10 Words in s. 129(1) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(2) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

F11 Words in s. 129(2) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

F12 Words in s. 129(3) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(4)(a) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

F13 Words in s. 129(3) inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 2(4)(b) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

130 Power to make transitional, consequential etc. provisions. U.K.

(1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, in connection with, or in consequence of—

(a) the coming into force of any provision of this Act; or

(b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2) Regulations under this section—

(a) may make modifications of any enactment contained in this or in any other Act;

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

131 Consequential amendments and repeals. U.K.

(1) Schedule 10 (consequential amendments) shall have effect.

(2) The enactments specified in Schedule 11 (which include some that are spent) are repealed to the extent specified.

132 Short title, extent and commencement. U.K.

(1) This Act may be cited as the Reserve Forces Act 1996.

(2) This Act extends to Northern Ireland.

(3) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to the Channel Islands and the Isle of Man.

(4) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

Modifications etc. (not altering text)

C1 S. 132(3) power extended (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 24(2)(b), 26(5)