C1C2 Part V Employee Agreements
Pts. 4-7 modified (31.10.2009) by The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009 (S.I. 2009/1091), regs. 1, 8(8)(b)
Preliminary
38 Purpose of Part V.
1
This Part enables employees, in pursuance of arrangements between their employers and the Secretary of State, to enter into employee agreements and become special members of a reserve force.
2
In this Part, references to an employee agreement are references to a written agreement by which a person agrees to accept the liability mentioned in section 40(1) by becoming a special member of a reserve force specified in the agreement.
3
Orders or regulations under section 4 may make provision—
a
enabling a person to enlist in, or become an officer of, a reserve force for the purpose only of becoming a special member;
b
as to any terms and conditions applicable to such a person, and for applying or disapplying any provisions of this Act, while such a person is a member of the force for that purpose;
c
enabling the making of requests by a special member (whether before or after ceasing to be subject to the liability mentioned in section 40(1)) for permission to continue as a member of his force on ceasing to be a special member;
d
as to any terms and conditions applicable to a special member who has ceased to be subject to the liability mentioned in section 40(1);
e
as to the terms and conditions on which persons resume or begin service as ordinary members of a reserve force by virtue of section 42.
4
Before orders or regulations under section 4 are made as to the terms and conditions of service of special members of a reserve force, the Secretary of State or, in the case of regulations, the Defence Council shall consult—
a
one or more bodies appearing to that authority to represent the interests of employers concerned with the supply of goods or services to the armed forces;
b
one or more bodies or persons appearing to that authority to represent the interests of employees of such employers; and
c
one or more bodies or persons appearing to that authority to represent the interests of self-employed persons concerned with the supply of goods or services to the armed forces.
Ss. 28-77 (Pts. IV-VII) modified (1.4.1997) by Army Act 1955 c. 18, s. 9(6A) (as inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 paras. 1(3), 3(3)); S.I. 1997/305, art. 2(1))
Ss. 28-77 (Pt. IV-VII) modified (1.4.1997) by Army Act 1955 c. 18, s. 210, Sch. 7 para. 4A(6)(as inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 3(3)(with s. 72(5), Sch. 7 para. 4); S.I. 1997/305, art. 2(1))
SS. 28-77 (Pts. IV-VII) modified (1.4.1997) by Armed Forces Act 1966 c. 45, s. 4(6A) (as inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 7(3) (with s. 72(5), Sch. 7 para. 8); S.I. 1997/305, art. 2(1))