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Statutory Instruments
DEFENCE
Made
25th February 2025
Laid before Parliament
3rd March 2025
Coming into force
24th March 2025
The Defence Council makes these Regulations in exercise of the powers conferred by section 331 of the Armed Forces Act 2006(1).
1.—(1) These Regulations may be cited as the Armed Forces (Discharge and Transfer to the Reserve Forces) (Amendment) Regulations 2025.
(2) These Regulations come into force on 24th March 2025.
(3) These Regulations extend to England and Wales, Scotland, Northern Ireland, the Isle of Man, and the British overseas territories except Gibraltar.
2. The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009(2) are amended in accordance with regulations 3 to 5.
3. In regulation 2(2)(b), for “Director of Manning (Army)” substitute “Head of Personnel Policy (Army)”.
4. In regulation 6(1)—
(a)in sub-paragraph (b) omit “and place”;
(b)omit sub-paragraph (c).
5.—(1) In regulations 2(2), 3, 4, 5(1), 7, 8, 9, 10, 11, 12, 18, 20(5) and 21(1), in each place it occurs, for “him” substitute “them”.
(2) In regulation 4, in both places those words occur, for “he consents” substitute “they consent”.
(3) In regulations 4, 5, 6(1), 7, 8, 13(3), 14, 18, 19 and 20(3), in each place it occurs, for “his” substitute “their”.
(4) In regulations 4, 5(1), 18 and 21(1), in each place it occurs, for “he shall” substitute “they shall”.
(5) In regulations 4, 6(1) and 8(8), in each place it occurs, for “he is” substitute “they are”.
(6) In regulation 5(1), for “he intends” substitute “they intend”.
(7) In regulations 7(4) and 20(3), for “he wishes” substitute “they wish”.
(8) In regulation 8—
(a)in paragraph (1), in both places those words occur, for “he would” substitute “they would”;
(b)in paragraph (6)—
(i)for “he could” substitute “they could”;
(ii)in both places those words occur, for “he had” substitute “they had”;
(c)in paragraph (7)—
(i)for “he makes” substitute “they make”;
(ii)for “he may” substitute “they may”.
(9) In regulation 18(5), for “he has” substitute “they have”.
(10) In regulation 20—
(a)in paragraph (2), for “he belongs” substitute “they belong”;
(b)in each place it occurs, for “he was” substitute “they were”.
(11) In regulation 21(1), for “he be” substitute “they be”.
On Behalf of the Defence Council
Alistair Carns
Roland Walker
Members of the Defence Council
Ministry of Defence
25th February 2025
(This note is not part of the Regulations)
These Regulations are made under the Armed Forces Act 2006 (c. 52) and amend the Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009 (“the 2009 Regulations”) (S.I. 2009/1091).
The Regulations remove the requirement that a certificate of discharge must contain the place of enlistment and a signed assessment by an officer as to the discharged person’s conduct and character. The Regulations further update the title of Head of Personnel Policy (Army) and ensure gender-neutral language is used throughout the 2009 Regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
2006 c. 52. The Defence Council is treated as if it were a Minister of the Crown for the purposes of the Statutory Instruments Act 1946 (c. 36) by virtue of section 373(2) of the Armed Forces Act 2006.
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