Reserve Forces Act 1980
Reserve Forces Act 1980
1980 CHAPTER 9
An Act to consolidate certain enactments relating to the reserve and auxiliary forces, and the lieutenancies, with amendments to give effect to a recommendation of the Law Commission; and to repeal certain obsolete enactments relating to those forces.
[20th March 1980]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
The Reserve and Auxiliary Forces
Naval and marine reserves
1 Royal Naval Reserve.
(1) The Secretary of State may as provided by Part III of this Act maintain the force known as the Royal Naval Reserve.
(2) The Royal Naval Reserve (together with its division, the Royal Fleet Reserve, mentioned in section 2 below) shall consist of seafaring men and others deemed suitable, entering voluntarily—
(a ) in such manner as the Secretary of State shall direct, and
(b ) in such number as he may determine.
2 Royal Fleet Reserve and its special class.
(1) The Secretary of State may, in addition to the persons of the Royal Naval Reserve, and as provided by Part III of this Act, maintain the division of the Royal Naval Reserve known as the Royal Fleet Reserve, consisting of such number of persons as he may determine.
(2) The Royal Fleet Reserve shall consist of—
(a ) persons—
(i) who are in receipt of pensions in respect of service in the navy or marines, and
(ii) who are entitled to their pensions subject to a condition of service in the Royal Fleet Reserve, and
(b ) persons—
(i) who have served in the navy or marines, and
(ii) who have enlisted in the Royal Fleet Reserve.
(3) The special class of the Royal Fleet Reserve (consisting of such number of men as the Secretary of State may determine) shall continue in being as provided by Part III.
3 Royal Marines Reserve.
3. The Secretary of State may as provided by Part III of this Act maintain the reserve volunteer force of marines known as the Royal Marines Reserve.
Army reserves and auxiliaries
4 Army Reserve.
(1) Her Majesty may as provided by Part IV of this Act maintain the force in the United Kingdom known as the Army Reserve.
(2) That reserve shall consist of such number of men as may from time to time be determined by Parliament being—
(a ) men transferred (whether before or after the commencement of this Act) to the Army Reserve in pursuance of the Army Act 1955 ; or
(b ) men enlisted or re-engaged in the Army Reserve in pursuance of Part IV.
5 Territorial Army.
(1) Her Majesty may as provided by Part V of this Act maintain the Territorial and Army Volunteer Reserve (the force in this Act called the Territorial Army).
(2) The Territorial Army shall consist of such number of officers, warrant officers, non-commissioned officers and men as may from time to time be determined by Parliament.
6 Home Service Force of the Territorial Army.
(1) The Home Service Force shall continue in being—
(a ) as part of the Territorial Army; and
(b ) as a force for home service.
(2) That force shall consist of—
(a ) persons who on 2nd April 1967 were members of any unit of the Territorial Army designated by warrant of Her Majesty as a unit of the Home Service Force;
(b ) persons who become officers of, or enlist or re-engage in, the Territorial Army for service with the Home Service Force;
(c ) members of the Territorial Army—
(ii) who are transferred to the Home Service Force with their consent.
(3) Notwithstanding anything in this Act or any other enactment, a member of the Home Service Force shall not—
(a ) be required to serve, either on permanent service or otherwise, outside the United Kingdom, the Channel Islands and the Isle of Man, or
(b ) except in the case of the holder of a land forces commission (including one entitled to the issue of such a commission), be transferred to any other part of the military forces without his consent,
but a member of the Home Service Force who is transferred to another part of the military forces shall cease to be a member of that force.
7 Ulster Defence Regiment.
(1) Her Majesty may as provided by Part VII of this Act maintain the force known as the Ulster Defence Regiment.
(2) The Ulster Defence Regiment shall consist of the number from time to time determined by Parliament of those persons—
(a ) who voluntarily undertake to serve in that force, and
(b ) who may be accepted for such service.
Air force reserves and auxiliaries
8 Air Force Reserve.
(1) Her Majesty may as provided by Part IV of this Act maintain the force known as the Air Force Reserve.
(2) That reserve shall consist of such number of officers as may from time to time be determined by Parliament, and of such number of men as may be so determined.
(3) Those men shall be either—
(a ) men transferred (whether before or after the commencement of this Act) to the Air Force Reserve in pursuance of the Air Force Act 1955 ; or
(b ) men enlisted or re-engaged in the Air Force Reserve in pursuance of Part IV.
9 Royal Auxiliary Air Force.
(1) Her Majesty may as provided by Part V of this Act maintain the force known as the Royal Auxiliary Air Force.
(2) The Royal Auxiliary Air Force shall consist of such number of officers, warrant officers, non-commissioned officers and men as may from time to time be determined by Parliament.
Part II
Call Out and Recall
General provisions as to call out for permanent service
10 Call out for national danger.
(1) If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen She may by order signified under the hand of the Secretary of State authorise the calling out of any reserve force for permanent service in any part of the world.
(2) The occasion of the making of any order under subsection (1) above shall forthwith be communicated to Parliament; and if Parliament is then separated by such adjournment or prorogation as will not expire within 5 days—
(a ) a proclamation shall be issued for the meeting of Parliament within 5 days; and
(b ) Parliament shall accordingly meet and sit upon the day appointed by the proclamation; and
(c ) Parliament shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.
(3) An order in force under subsection (1) may be revoked by an order of Her Majesty signified as there mentioned, but the revocation shall not affect the liability for service of any person called out for service by virtue of the order at the time of its revocation.
(4) In this section ‘reserve force’ means any of the following bodies—
(a ) the Army Reserve;
(b ) the Territorial Army;
(c ) the Air Force Reserve;
(d ) the Royal Auxiliary Air Force;
(e ) the Royal Naval Reserve including the Royal Fleet Reserve and the special class of the Royal Fleet Reserve; and
(f ) the Royal Marines Reserve.
(5) An order under subsection (1) may authorise the calling out of the Ulster Defence Regiment for permanent service in Northern Ireland, and section 26 below applies for the purposes of this subsection as if the Ulster Defence Regiment were a reserve force within the meaning of subsection (4) above.
(6) In relation to a man of the Royal Auxiliary Air Force in whose case it was agreed at the time of his enlistment that he was accepted for home service only, subsection (1) has effect as if for the reference to any part of the world there were a reference to the United Kingdom, the Channel Islands and the Isle of Man.
11 Call out for warlike operations.
(1) A person to whom this section applies shall be liable to be called out for permanent service in any part of the world when warlike operations are in preparation or progress, subject to sections 12 and 13(1) below.
(2) The persons to whom this section applies are—
(a ) any member of the Army Reserve or the Air Force Reserve who became such a member on or after 1st April 1967 otherwise than in...
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