Textual Amendments applied to the whole legislation
F31Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
The following persons may enlist recruits in the regular forces and are in this Act referred to asrecruiting officers, that is to say,—
(a)whether within or without Her Majesty’s dominions, any officer authorised under regulations of [F1the Defence Council],
(b)in a colony, any person authorised by the Governor of the colony,
(c)outside Her Majesty’s dominions, any British consul-general, consul or vice-consul, and any person dulyexercising the authority of a British consul.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
(1)A person offering to enlist in the regular forces shall be given a notice in the prescribed form settingout the questions to be answered on attestation and stating the general conditions of the engagement to beentered into by him; and a recruiting officer shall not enlist any person in the regular forces unlesssatisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.
(2)The procedure for enlisting a person in the regular forces shall be that set out in the First Scheduleto this Act.
(3)A recruiting officer shall not enlist a person under the [F2appropriate minimum age] unless consent to the enlistment has been given in writing—
(a)if the person offering to enlist is living with both or one of his parents, by the parents or parent;
(b)if he is not living with both or one of his parents, but any person (whether a parent or not) whosewhereabouts are known or can after reasonable enquiry be ascertained has parental rights and powers inrespect of him, by that person;
(c)if there is no such person as is mentioned in paragraph (b) of this subsection or if after reasonableenquiry it cannot be ascertained whether there is any such person, by any person in whose care (whether inlaw or in fact) the person offering to enlist may be.
(4)Where the recruiting officer is satisfied, by the production of a certified copy of an entry in theregister of births or by any other evidence appearing to him to be sufficient, that a person offering toenlist has or has not attained the [F2appropriate minimum age], that person shall be deemed for the purposes of this Act to have attained, or as the case may be,not to have attained, that age.
A document purporting to be a certificate signed by the recruiting officer, stating that he is satisfiedas aforesaid, shall be sufficient evidence, until the contrary is proved, that he is so satisfied.
[F3(5)In this Part of this Act the expression “appropriate minimum age” means the age of eighteen or, in a case falling within any classfor which a lower age is for the time being prescribed, that lower age.]
Textual Amendments
F2Words substituted by Armed Forces Act 1966 (c. 45), Sch. 4
F3S. 2(5) substituted by Armed Forces Act 1971 (c. 33), s. 63(1)
(1)Recruits may, in pursuance of regulations of [F4the Defence Council] under this Part of this Act, be enlisted for service in particular corps, but save as may be providedby such regulations recruits shall be enlisted for general service.
(2)The competent military authority shall as soon as practicable appoint a recruit, if enlisted for servicein a corps, to that corps, andif enlisted for general service, to such corps as the competent militaryauthority may think fit:
Provided that a recruit enlisted for general service before attaining the age of eighteen years neednot be appointed to a corps until he attains that age.
(3)A soldier of the regular forces may at any time be transferred by order of the competent militaryauthority from one corps to another:
Provided that except while a state of war exists between Her Majesty and any foreign power, or [F5a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve], an order under this subsection shall not be madeotherwise than by [F4a member of the Army Board] unless the person to whom the order relates consents to the transfer.
(4)Where, in pursuance of the last foregoing subsection, a soldier of the regular forces is transferredto a corps in an arm or branch of the service different from that in which he was previously serving, thecompetent military authority may by order vary the conditions of his service so as to correspond with thegeneral conditions of service in the arm or branch to which he is transferred.
Textual Amendments
F4Words substituted by S.I. 1964/488, Sch. 1 Pt. I
Modifications etc. (not altering text)
C1S. 3(3) extended by Reserve Forces Act 1980 (c. 9), s. 18(2)
Textual Amendments
F6Ss. 4–8 repealed with saving by S.I. 1967/1018, Sch. 3 Pt. I
Textual Amendments
F7Ss. 4–8 repealed with saving by S.I. 1967/1018, Sch. 3 Pt. I
[F8(1)This section applies to a soldier of the regular forces if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve.
For the purposes of this section, “the relevant date”, in relation to a soldier, means the date on which he would, apart from this section, fall to be transferred to the reserve or he would be entitled to be discharged, as the case may be.
(1A)A soldier to whom this section applies may be retained in army service after the relevant date in accordance with this section for such period as the competent military authority may order, and his service may be prolonged accordingly.
(1B)The period for which a soldier may be retained in service after the relevant date by virtue of this section shall be limited as follows, that is to say—
(a)a soldier who would otherwise have fallen to be transferred to the reserve may not be retained for longer than the period for which, if the assumptions mentioned in subsection (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or
(b)a soldier who would otherwise have been discharged may not be retained for longer than twelve months;
and a soldier who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.
(1C)The assumptions to be made in relation to a soldier for the purposes of subsection (1B)(a) above are that—
(a)he was transferred to the reserve in time to be called out for permanent service starting on the relevant date; and
(b)he was so called out on the authority of the call-out order which justified his retention in service.]
(5)If while a soldier is being retained in army service by virtue of this section it appears to thecompetent military authority that his services can be dispensed with, he shall be entitled to be dischargedor transferred to the reserve as the case may require.
(6)Where, at the time at which under the foregoing provisions of this section a soldier is entitled to bedischarged or transferred to the reserve, a state of war exists between Her Majesty and any foreign power,he may, by declaration made in the prescribed form before his commanding officer, agree to continue in armyservice while such a state of war exists; and if the competent military authority approve he may continueaccordingly as if the period for which his term of service could be prolonged under the foregoing provisionsof this section were a period continuing so long as a state of war exists:
[F9(6A)Where a soldier is retained in service by virtue of this section but would otherwise have fallen to be transferred to the reserve—
(a)any period for which he is liable to serve in the reserve after the completion of his army service shall be reduced by the period for which he is so retained; and
(b)the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996.]
Provided that if it is so specified in the declaration he shall be entitled to be discharged ortransferred to the reserve, as the case may require, at the expiration of three months’ notice given by himto his commanding officer.
(7)In relation to soldiers serving outside the United Kingdom, references in this section to being entitledto be transferred to the reserve shall be construed as references to being entitled to be sent to the UnitedKingdom with all convenient speed for the purpose of being transferred to the reserve.
Textual Amendments
F8S. 9(1)-(1C) substituted (1.4.1997) for S. 9(1)-(4) by 1996 c. 14, s. 126, Sch. 7 para. 1(1)(2) (with s. 72(5), Sch. 7 para. 2); S.I. 1997/305, art. 2(1)
F9S. 9(6A) inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 1(1)(3) (with s. 72(5), Sch. 7 para. 2); S.I. 1997/305, art. 2(1)
Modifications etc. (not altering text)
C2S. 9 extended by Reserve Forces Act 1980 (c. 9), s. 19(3); modified Reserve Foces Act 1980 (c. 9), s. 83(1)(a)(3)
C3S. 9 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 1
(1)If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that soldiers who would otherwisefall to be transferred to the reserve shall continue in army service; and thereupon the last foregoingsection shall apply to such soldiers as it applies while [F11a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the reserve is in force].
(2)Where an order has been made under subsection (1) above, the occasion thereof shall forthwith becommunicated to Parliament.
(3)An order in force under subsection (1) above may be revoked by order of Her Majesty signified as thereinmentioned]
Textual Amendments
F10S. 10 substituted by Armed Forces Act 1966 (c. 45), s. 12(1)
F11Words in s. 10(1) substituted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 1(4) (with Sch. 7 para. 2); S.I. 1997/305, art. 2(1) (subject to art. 2(2))
(1)Save as hereinafter provided every soldier of the regular forces, upon becoming entitled to bedischarged, shall be discharged with all convenient speed but until discharged shall remain subject tomilitary law.
(2)Where a soldier of the regular forces enlisted in the United Kingdom is, when entitled to be discharged,serving out of the United Kingdom, then—
(a)if he requires to be discharged in the United Kingdom, he shall be sent there free of cost with allconvenient speed and shall be discharged on his arrival there or, if he consents to his discharge beingdelayed, within six months from his arrival; but
(b)if at his request he is discharged at the place where he is serving he shall have no claim to be sentto the United Kingdom or elsewhere.
(3)Except in pursuance of the sentence of a court-martial (whether under this Act, [F12the M1Naval Discipline Act 1957] or the M2Air Force Act 1955), a soldier of the regular forces shall not bedischarged unless his discharge has been authorised by order of the competent military authority or byauthority direct from Her Majesty; and in any case the discharge of a soldier of the regular forces shallbe carried out in accordance with Queen’s Regulations.
(4)Every soldier of the regular forces shall on his discharge be given a certificate of dischargecontaining such particulars as may be prescribed.
(5)A soldier of the regular forces who is discharged in the United Kingdom shall be entitled to be conveyedfree of cost from the place where he is discharged to the place stated in his attestation paper to be theplace where he was attested or to any place at which he intends to reside and to which he can be conveyedwith no greater cost.
Textual Amendments
F12Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
Marginal Citations
(1)Every soldier of the regular forces upon falling to be transferred to the reserve shall be transferredto the reserve but until so transferred shall remain subject to military law.
(2)Where a soldier of the regular forces, when falling to be transferred to the reserve, is serving outof the United Kingdom, he shall be sent to the United Kingdom free of cost with all convenient speed andshall be transferred to the reserve on his arrival there, or if he consents to his transfer being delayed,within six months from his arrival:
Provided that if he so requests he may be transferred to the reserve without being required to returnto the United Kingdom.
(3)A soldier who is transferred to the reserve in the United Kingdom shall be entitled to be conveyed freeof cost from the place where he is transferred to the place stated in his attestation paper to be the placewhere he was attested or to any place at which he intends to reside and to which he can be conveyed withno greater cost:
Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.
(1)Notwithstanding anything in this Part of this Act, a soldier of the regular forces shall not be entitledto be discharged or transferred to the reserve at a time when he has become liable, as a person subject tomilitary law, [F13the M3Naval Discipline Act 1957] or air-force law, to be proceeded against for an offence against any of the provisions of thisAct, [F13the Naval Discipline Act 1957] or the M4Air Force Act 1955:
Provided that if it is determined that the offence shall not be tried by court-martial this subsectionshall cease to apply.
(2)Notwithstanding anything in this Part of this Act, a soldier of the regular forces who is outside theUnited Kingdom and serving a sentence of imprisonment or detention awarded by a court-martial under thisAct, [F13the M5Naval Discipline Act 1957] or the M6Air Force Act 1955, shall not be entitled to be discharged or transferredto the reserve during the currency of the sentence.
Textual Amendments
F13Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
Modifications etc. (not altering text)
C4S. 13 extended by Reserve Forces Act 1980 (c. 9), s. 19(3)
Marginal Citations
Textual Amendments
F14S. 14 repealed by S.I. 1972/1955, Sch. Pt. I
A warrant officer of the regular forces who is reduced to the ranks may thereupon claim to be dischargedunless a state of war exists between Her Majesty and any foreign power or [F15a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve].
Textual Amendments
F16S. 16 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5
(1)Where a soldier of the regular forces is convicted of desertion by court-martial, the period of hisservice as respects which he is convicted of having been a deserter shall be forfeited.
(2)Where any of a soldier’s service is forfeited the provisions of this Part of this Act . . . F17 shall apply to him, and he shall be liable to serve, in like manner as if theappropriate date were the date of his attestation and he had, on the appropriate date, been duly enlistedto serve for the like term (both as respects duration and as respects liability to army service and anyliability to serve in the reserve) as that for which he was in fact serving at the date of his conviction:
Provided that where at the date of his conviction the soldier was serving a term ending with theexpiration of a period beginning with the date of his attaining the age of eighteen years and he hadattained that age when he was convicted (whether or not he had attained it when the offence was committed)the duration of the term for which he is liable to serve shall be equal to that period and the time forwhich he is required to serve in army service shall be reduced accordingly.
[F18(3)In subsection (2) above “the appropriate date” means in relation to any person a date earlier than the date of hisconviction for desertion by the length of his service which is not forfeited.]
(4)Notwithstanding anything in the foregoing provisions of this section, the right conferred on a soldierby [F19regulations made in pursuance of section 2(1)(c) of the M7Armed ForcesAct 1966] shall not be exercisable, in consequence of a orfeiture of service, at a time earlier than that atwhich it would have been exercisable apart from the forfeiture.
(5)[F20The Defence Council] may by regulations make provision for the restoration in whole or in part of any forfeited serviceto a soldier in consideration of good service or on other grounds justifying the restoration of serviceforfeited.
(6)Where service of any description is restored to a person by virtue of the last foregoing subsectionwhile he is in army service,—
(a)the amount of the service so restored shall, subject to the provisions of the next following paragraph,be credited to him for the purpose of determining for the purposes of this Act the amount of service, armyservice or service in the reserve, as the case may require, which he has served or is liable to serve; but
(b)in the case of a person who, when his service is restored, is serving, or subsequently serves, on termswhich entitle him to the right conferred by [F19regulations made in pursuance of section 2(1)(c) of the M8Armed ForcesAct 1966] the restoration shall not operate to alter the dates on which, by reason of the operation ofsubsection (2) of this section, his army service may be determined in pursuance of an exercise of thatright.
(7)Nothing in this section shall apply to a person who deserts at a time when he is, under [F19regulations made in pursuance of section 2 of the M9Armed Forces Act1966 or under any enactment repealed by such regulations], continued in service after the completion of twenty-two years’ service.
Textual Amendments
F17Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10
F18S. 17(3) substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(2)
F19Words substituted by S.I. 1967/1018, Sch. 3 Pt. 3
F20Words substituted by S.I. 1964/488, Sch. 1 Pt. I
Modifications etc. (not altering text)
C5S. 17(2) amended by S.I. 1967/1018, Sch. 3 Pt. 3
Marginal Citations
(1)Where a person has signed the declaration required by the First Schedule to this Act, and has thereafterreceived pay as a soldier of the regular forces,—
(a)the validity of his enlistment shall not be called in question on the ground of any error or omissionin his attestation paper;
(b)if within three months from the date on which he signed the said declaration he claims that hisenlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistmentor attestation, or any other ground whatsoever (not being an error or omission in his attestation paper)on which apart from this subsection the validity of his enlistment could have been called in question, theclaim shall be submitted as soon as may be to [F21the Defence Council], and if the claim is well founded [F21the Defence Council] shall cause him to be discharged with all convenient speed;
(c)subject to the provisions of the last foregoing paragraph, he shall be deemed as from the expirationof the said three months to have been validly enlisted notwithstanding any such non-compliance or othergrounds as aforesaid;
(d)notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim inpursuance of paragraph (b) of this subsection, he shall be deemed to be a soldier of the regular forcesuntil his discharge.
In the case of a person who when he signed the said declaration had not attained the [F22appropriate minimum age], paragraph (b) of this subsection shall have effect as if for the words “he claims" there weresubstituted the words “he, or any person whose consent to the enlistment was required under subsection(3) of section two of this Act but who did not duly consent, claims".
(2)Where a person has received pay as a soldier of the regular forces without having previously signed thedeclaration required by the First Schedule to this Act, then—
(a)he shall be deemed to be a soldier of the regular forces until discharged;
(b)he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as maybe to [F21the Defence Council], who shall cause him to be discharged with all convenient speed.
(3)Nothing in the foregoing provisions of this section shall be construed as prejudicing the determinationof any question as to the term for which a person was enlisted or as preventing the discharge of a personwho has not claimed his discharge.
Textual Amendments
F21Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F22Words substituted by Armed Forces Act 1966 (c. 45), Sch. 4
(1)If a person appearing before a recruiting officer for the purpose of being attested knowingly makes afalse answer to any question contained in the attestation paper and put to him by or by the direction ofthe recruiting officer, he shall be liable on summary conviction to imprisonment for a term not exceedingthree months or to a fine not exceeding [F23level 1 on the standard scale].
(2)For the avoidance of doubt it is hereby declared that a person may be proceeded against under thissection notwithstanding that he has since become subject to military law.
Textual Amendments
F23Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I. 3), arts. 5, 6
Textual Amendments
F24S. 20 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I
(1)Subject to the provisions of the two next following subsections the number of aliens who at any one timeare serving (whether as officers or soldiers) in the regular forces shall not exceed one-fiftieth of theaggregate number at that time of those forces.
(2)In reckoning the number of aliens serving as aforesaid there shall be excluded persons enlisted outsidethe United Kingdom and serving in such units (if any) as may be prescribed, and officers serving in suchunits.
(3)[F25The Defence Council] may by regulations provide that at any time at which a state of war exists between Her Majesty andany foreign power or while [F26a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve]subsection (1) of thissection shall have effect with the substitution for one-fiftieth of such other fraction as may be specifiedin the regulations.
(4)Nothing in section three of the Act of Settlement (which provides among other things that aliens areincapable of holding certain offices or places of trust) shall apply to an office or place of trust in theregular forces so long as the limit having effect under the foregoing provisions of this section is not exceeded.
(5)[F25The Defence Council] may by regulations provide that in such cases as may be prescribed by the regulations it shall notbe necessary to administer the oath of allegiance to an alien on his enlistment; and in relation to casesso prescribed this Act shall have effect with the omission of references to the administration and takingof the oath of allegiance.
Textual Amendments
F25Words substituted by S.I. 1964/488, Sch. 1 Pt. I
[F27The Defence Council] may make such regulations as appear to them necessary or expedient for the purposes of, or inconnection with, the enlistment of recruits for the regular forces and generally for carrying this Part ofthis Act into effect.
Textual Amendments
F27Words substituted by S.I. 1964/488, Sch. 1 Pt. I
(1)In this Part of this Act:—
“competent military authority” means [F28the Defence Council] or any prescribed officer;
“date of attestation”, in relation to any person, means the date on which he signs thedeclaration and takes the oath mentioned in paragraph 3 of the First Schedule to this Act;
[F29“appropriate minimum age” ] has the meaning assigned to it by subsection (5) of section two of this Act;
“prescribed” means prescribed by regulations made under this Part of this Act;
“recruiting officer” has the meaning assigned to it by section one of this Act;
“reserve” means . . . F30 the army reserve.
(2)References in this Part of this Act to soldiers shall include references to warrant officers and tonon-commissioned officers.
Textual Amendments
F28Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F29Words substituted by Armed Forces Act 1966 (c. 45), Sch. 4
F30Words repealed by Reserve Forces Act 1966 (c. 30), Sch. 2