Part I Enlistment and Terms of Service
Discharge and transfer to reserve
11 Discharge.
1
Save as hereinafter provided every airman of the regular air force, upon becoming entitled to be discharged, shall be discharged with all convenient speed but until discharged shall remain subject to air-force law.
2
Where an airman of the regular air force 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 all convenient speed and shall be discharged on his arrival there or, if he consents to his discharge being delayed, 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 sent to the United Kingdom or elsewhere.
3
Except in pursuance of the sentence of a court-martial (whether under this Act, F6the M5Naval Discipline Act 1957 or the M6Army Act 1955), an airman of the regular air force shall not be discharged unless his discharge has been authorised by order of the competent air-force authority or by authority direct from Her Majesty; and in any case the discharge of an airman of the regular air force shall be carried out in accordance with Queen’s Regulations.
4
Every airman of the regular air force shall on his discharge be given a certificate of discharge containing such particulars as may be prescribed.
5
An airman of the regular air force who is discharged in the United Kingdom shall be entitled to be conveyed free of cost from the place where he is discharged to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed with no greater cost.
12 Transfer to the reserve.
1
Every airman of the regular air force upon falling to be transferred to the reserve shall be transferred to the reserve but until so transferred shall remain subject to air-force law.
2
Where an airman of the regular air force, when falling to be transferred to the reserve, is serving out of the United Kingdom, he shall be sent to the United Kingdom free of cost with all convenient speed and shall 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 return to the United Kingdom.
3
An airman who is transferred to the reserve in the United Kingdom shall be entitled to be conveyed free of cost from the place where he is transferred to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed with no greater cost:
Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.
13 Postponement of discharge or transfer pending proceedings for offences.
1
Notwithstanding anything in this Part of this Act, an airman of the regular air force shall not be entitled to be discharged or transferred to the reserve at a time when he has become liable, as a person subject to air-force law, F2the M1Naval Discipline Act 1957 or military law, to be proceeded against for an offence against any of the provisions of this Act, F2the Naval Discipline Act 1957 or the M2Army Act 1955:
Provided that if it is determined that the offence shall not be tried by court-martial this subsection shall cease to apply.
2
Notwithstanding anything in this Part of this Act, an airman of the regular air force who is outside the United Kingdom and serving a sentence of imprisonment or detention awarded by a court-martial under this Act, F2the M3Naval Discipline Act 1957 or the M4Army Act 1955, shall not be entitled to be discharged or transferred to the reserve during the currency of the sentence.
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15 Right of warrant officer to discharge on reduction to ranks.
A warrant officer of the regular air force who is reduced to the ranks may thereupon claim to be discharged unless a state of war exists between Her Majesty and any foreign power or F4a 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.