Air Force Act 1955 (repealed)

9 Postponement in certain cases of discharge or transfer to the reserve. F3 U.K.

[F1 F1 (1) This section applies to an airman of the regular air force 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 an airman, 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.

F1 (1A) An airman to whom this section applies may be retained in air-force service after the relevant date in accordance with this section for such period as the competent air-force authority may order, and his service may be prolonged accordingly.

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

(a) an airman 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) an airman who would otherwise have been discharged may not be retained for longer than twelve months;

and an airman 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.

F1 (1C) The assumptions to be made in relation to an airman 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 an airman is being retained in air-force service by virtue of this section it appears to the competent air-force authority that his services can be dispensed with, he shall be entitled to be discharged or transferred to the reserve as the case may require.

(6) Where, at the time at which under the foregoing provisions of this section an airman is entitled to be discharged 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 air-force service while such a state of war exists; and if the competent air-force authority approve he may continue accordingly as if the period for which his term of service could be prolonged under the foregoing provisions of this section were a period continuing 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 or transferred to the reserve, as the case may require, at the expiration of three months’ notice given by him to his commanding officer.

[F2 (6A) Where an airman 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 air-force 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.]

(7) In relation to airmen serving outside the United Kingdom, references in this section to being entitled to be transferred to the reserve shall be construed as references to being entitled to be sent to the United Kingdom with all convenient speed for the purpose of being transferred to the reserve.

Textual Amendments

F1 S. 9(1)-(1C) substituted (1.4.1997) for s. 9(1)-(4) by 1996 c. 14, s. 126, Sch. 7 para. 5(2) (with s. 72(5), Sch. 7 para. 6); S.I. 1997/305, art. 2(1)

F2 S. 9(6A) inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 5(3) (with s. 72(5), Sch. 7 para. 6); S.I. 1997/305, art. (1)2

Modifications etc. (not altering text)

C1 S. 9 modified by Reserve Forces Act 1980 (c. 9), s. 83(1)(b)(2)

C2 S. 9 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 2

Textual Amendments applied to the whole legislation

F3 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