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Right to transfer to the reserve

5.—(1) A person other than a person—

(a)enlisted for home service;

(b)continued in service under regulation 15;

who has enlisted for a term of 22 years in the regular army shall have the right to be transferred to the reserve at the end of the notice period or at any time thereafter.

(2) The “notice period” for the purposes of paragraph (1) shall be calculated in accordance with paragraphs (3) and (4).

(3) Subject to paragraph (4)—

(a)in the case of a person who has enlisted in Queen Alexandra’s Royal Army Nursing Corps, the notice period shall be one of 4 years;

(b)in any other case, the notice period shall be one of 3 years.

(4) The notice period shall begin—

(a)in the case of a person who enlisted under the age of 17 years 6 months, on the date he attains the age of 18;

(b)in the case of a person who enlisted before 1st January 1991 having attained the age of 17 years 6 months, on the date he attains the age of 18;

(c)in the case of a person who enlisted after 1st January 1991 having attained the age of 17 years 6 months, on the date he attains the age of 18 or 3 months after the date of his attestation, whichever is the later.

(5) The right conferred by paragraph (1) shall be exercised by notice in writing given by the person in question to his commanding officer not less than 12 months before the date when he is to be transferred to the reserve.

(6) The exercise of the right conferred by paragraph (1) is subject to the restriction set out in regulation 11.