Army Act 1955 (repealed)

4A [F1 (1) This paragraph applies to a marine serving in the Royal Marines 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 Royal Fleet Reserve. U.K.

For the purposes of this paragraph, “the relevant date", in relation to a marine, means the date on which he would, apart from this paragraph, fall to be transferred to the Royal Fleet Reserve or he would be entitled to be discharged, as the case may be.

F1 (1A) A marine to whom this paragraph applies may be retained in service in the Royal Marines after the relevant date in accordance with this paragraph for such period as the competent authority may order, and his service may be prolonged accordingly.

F1 (1B) The period for which a marine may be retained in service after the relevant date by virtue of this paragraph shall be limited as follows, that is to say—

(a) a marine who would otherwise have fallen to be transferred to the Royal Fleet Reserve may not be retained for longer than the period for which, if the assumptions mentioned in sub-paragraph (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 marine who would otherwise have been discharged may not be retained for longer than twelve months;

and a marine who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the Royal Fleet Reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.

F1 (1C) The assumptions to be made in relation to a marine for the purposes of sub-paragraph (1B)(a) above are that—

(a) he was transferred to the Royal Fleet 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 person is being retained in service in the Royal Marines by virtue of this paragraph itappears to the competent authority that his service can be dispensed with, he shall be entitled to bedischarged or transferred to the Royal Fleet Reserve as the case may require.

(6) Where, at the time at which under the foregoing provisions of this paragraph a person is entitled tobe discharged or transferred to the Royal Fleet Reserve, a state of war exists between Her Majesty and any foreign power, he may, by a declaration made before his commanding officer in a form prescribed byregulations of the Defence Council, agree to continue in service in the Royal Marines while such a stateof war exists; and, if the competent authority approve, he may continue accordingly as if the period forwhich his term of service could be prolonged under the foregoing provisions of this paragraph were a periodcontinuing so long as a state of war exists:

Provided that, if it is so specified in the declaration, he shall be entitled to be discharged ortransferred to the Royal Fleet Reserve, as the case may require, at the expiration of three months’ notice given by him to his commanding officer.

[F2 (6A) Where a marine is retained in service by virtue of this paragraph but would otherwise have fallen to be transferred to the Royal Fleet Reserve—

(a) any period for which he is liable to serve in the Royal Fleet Reserve after the completion of his service in the Royal Marines 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.]

(7) In relation to marines serving outside the United Kingdom, references in this paragraph to beingentitled to be transferred to the Royal Fleet Reserve shall be construed as references to being entitledto be sent to the United Kingdom with all convenient speed for the purpose of being transferred to thatReserve.

[F3 (8) References in this paragraph to men of the Royal Fleet Reserve being called into actual service arereferences to their being called into actual or permanent service under the authority of an order of HerMajesty made on its appearing to Her that national danger is imminent or a great emergency has arisen, orinto actual service under [F4 section 16(1) of the M1 Reserve Forces Act 1980].]

Textual Amendments

F1 Sch. 7 para. 4A(1)(1A)-(1C) substituted (1.4.1997 subject to saving in para. 4 of amending Sch.) for Sch. 7 para. 4A(1)-(4) by 1996 c. 14, s. 126, Sch. 7 paras. 3(1)(2), 4 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F2 Sch. 7 para. 4A(6A) inserted (1.4.1997 subject to saving in para. 4 of amending Sch.) by 1996 c. 14, s. 126, Sch. 7 paras. 3(1)(3), 4 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F3 Sch. 7 para. 4A(8) ceased to have effect (1.4.1997 subject to saving in para. 4 of amending Sch.) by 1996 c. 14, s. 126, Sch. 7 paras. 3(1)(4), 4 (with s. 72(5)); S.I. 1997/305, art. 2(1)

F4 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 4

Modifications etc. (not altering text)

C1 Sch. 7 para. 4A modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 4

Marginal Citations

M1 1980 c. 9.

Textual Amendments applied to the whole legislation

F5 Act: 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