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Armed Forces Act 2021

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Section 9

Schedule 2U.K.Reserve forces: flexibility of commitments

This schedule has no associated Explanatory Notes

Part 1U.K.Consequential amendments

Reserve Forces Act 1996U.K.

1The Reserve Forces Act 1996 is amended as follows.

Commencement Information

I1Sch. 2 para. 1 not in force at Royal Assent, see s. 24(1)

I2Sch. 2 para. 1 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

2(1)Section 17 (postponement of discharge) is amended as follows.

(2)In subsection (1), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”.

(3)In subsection (2), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”.

(4)In subsection (4), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”.

Commencement Information

I3Sch. 2 para. 2 not in force at Royal Assent, see s. 24(1)

I4Sch. 2 para. 2 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

3(1)Section 26 (parliamentary control of commitments) is amended as follows.

(2)For subsection (1)(a) substitute—

(a)in service under section 24 commitments; or.

(3)In subsection (2), for “full-time service” substitute “service under section 24 commitments”.

(4)In subsection (3), for “full-time service” substitute “service under section 24 commitments”.

Commencement Information

I5Sch. 2 para. 3 not in force at Royal Assent, see s. 24(1)

I6Sch. 2 para. 3 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

4(1)Section 97 (failure to attend for duty or training) is amended as follows.

(2)In subsection (1)—

(a)in the words before paragraph (a), for “full-time service” substitute “section 24”;

(b)in paragraph (a), for “full-time service”, in the first place it occurs, substitute “section 24”, and omit “full-time” in the second place it occurs.

Commencement Information

I7Sch. 2 para. 4 not in force at Royal Assent, see s. 24(1)

I8Sch. 2 para. 4 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

5In subsection (1) of section 127 (interpretation)—

(a)omit the definition of “full-time service commitment”, and

(b)at the appropriate place, insert—

  • section 24 commitment” means a commitment under section 24;.

Commencement Information

I9Sch. 2 para. 5 not in force at Royal Assent, see s. 24(1)

I10Sch. 2 para. 5 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

6In Schedule 9 (application of Act to members of transitional classes), in paragraph 11, in the words before sub-paragraph (a), for “full-time service commitment” substitute “commitment under that section”.

Commencement Information

I11Sch. 2 para. 6 not in force at Royal Assent, see s. 24(1)

I12Sch. 2 para. 6 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

Armed Forces Act 2006U.K.

7AFA 2006 is amended as follows.

Commencement Information

I13Sch. 2 para. 7 not in force at Royal Assent, see s. 24(1)

I14Sch. 2 para. 7 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

8In section 62 (time limit for charging Reserve Forces Act offences)—

(a)in subsection (3)(c)(ii), for “full-time service” substitute “service under a commitment entered into under section 24 of the Reserve Forces Act 1996”;

(b)omit subsection (3)(d).

Commencement Information

I15Sch. 2 para. 8 not in force at Royal Assent, see s. 24(1)

I16Sch. 2 para. 8 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

9In section 367 (persons subject to service law: regular and reserve forces), in subsection (2)(c), omit “full-time”.

Commencement Information

I17Sch. 2 para. 9 not in force at Royal Assent, see s. 24(1)

I18Sch. 2 para. 9 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

Part 2U.K.Transitional provision

10U.K.Regulations under section 24(4) may provide that any provision of section 9 or Part 1 of this Schedule is to have effect in relation to commitments under section 24 or 25 of the Reserve Forces Act 1996 entered into before section 9 comes into force.

Commencement Information

I19Sch. 2 para. 10 not in force at Royal Assent, see s. 24(1)

I20Sch. 2 para. 10 in force at 1.5.2022 for specified purposes by S.I. 2022/471, reg. 2(c)

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