C1C2 Part VI Call out for permanent service
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)
Powers to authorise call out
52 Call out for national danger, great emergency or attack on the UK.
1
Her Majesty may make an order authorising the call out under this Part of members of a reserve force—
a
if it appears to Her that national danger is imminent or that a great emergency has arisen; or
b
in the event of an actual or apprehended attack on the United Kingdom.
2
A call-out order under this section shall have effect (subject to any order under subsection (3)) until it is revoked.
3
Her Majesty may make an order providing that a call-out order under this section shall cease to authorise the call out of any person who is not in service under the order.
4
An order under subsection (3) shall not affect the operation of any call-out notice which is served on any person before the day on which the order under that subsection is made.
5
Her Majesty may make an order revoking a call-out order under this section (whether or not its effect has been restricted by an order under subsection (3)).
6
Where an order under subsection (5) revoking a call-out order is made—
a
the call-out order shall cease to authorise the calling out of anyone who could otherwise be called out on the authority of that order (including anyone served with a call-out notice before the order under subsection (5) is made who has not been accepted into service); and
b
any person in service under the call-out order shall be entitled to be released.
7
A call-out order under this section, and any order under subsection (3) or (5), shall be signified under the hand of the Secretary of State; and the making of such an order shall be reported forthwith to each House of Parliament.
8
If, when a call-out order under this section is made, Parliament is separated by an adjournment or prorogation which will not expire within 5 days—
a
a proclamation shall be issued for the meeting of Parliament within 5 days; and
b
Parliament shall meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or prorogued to that day.
9
In this section “the United Kingdom” includes the Channel Islands and the Isle of Man.
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))(with s. 72(5), Sch. 7 para. 2); 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))