Army Terms of Service Regulations 1967

1967 No. 1018

DEFENCE

The Army Terms of Service Regulations 1967

5thJuly 1967

1stAugust 1967

The Defence Council, in exercise of the powers conferred upon them by section 2 of the Armed Forces Act 1966(a) and of all other powers enabling them in that behalf, hereby make the following regulations:—

Citation and commencement

1. These Regulations may be cited as the Army Terms of Service Regulations 1967 and shall come into operation on the 1st August 1967.

Interpretation

2.—(1) The Interpretation Act 1889(b) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

(2) In these Regulations, unless the context otherwise requires:—

"the Act of 1955" means the Army Act 1955(c);

"the relevant date" means, in relation to a person, the date of his attestation except in relation to

(a) a man who enlists after 1st January 1962,

(b) a woman who enlisted after 1st January 1962 and before the commencement of these Regulations, and

(c) a woman who enlists after the date of the commencement of these Regulations for a term of more than 12 years

before attaining the age of 18 years, in which excepted cases "the relevant date" means the date of that person's attaining the age of 18 years;

other expressions have the same meaning as in the Act of 1955.

(3) These Regulations shall not apply to enlistment in the Royal Marines.

Duration of terms of enlistment

3.—(1) A person may be enlisted in the regular army for such a term as is specified in paragraph 2 of this Regulation beginning with the date of his attestation.

(2) The term referred to in paragraph (1) shall be a term expiring 22 years after the relevant date, or expiring on a date falling between 6 months and 12 years after the relevant date.

(3) A person who has not attained the appropriate minimum age shall not be enlisted for a term ending later than 12 years from the relevant date.

(a) 1966 c. 45.

(b) 1889 c. 63.

(c) 1955 c. 18.

(4) The term for which a person may be enlisted may be a term wholly of army service or may be, except in the case of women, a term partly of army service and partly of service with the army reserve.

Rights to determine army service and to transfer to the reserve

4.—(1) Subject to Regulations 7, 10(3) and 11(5), a man, but not a woman, in army service enlisted for a term of more than 12 years army service shall have the right exercisable in accordance with Regulation 6—

(a) to be transferred to the reserve at the end of the period of 6, or at the end of the period of 9 years, beginning with the relevant date,

(b) if he is such a person as is described in Schedule 1 to these Regulations, to be transferred to the reserve at the end of the period of three years beginning with the relevant date, and

(c) to determine his service at the end of the period of 12 years beginning with the relevant date and at the end of any succeeding period of 3 years.

(2) Subject to Regulations 7 and 10(3) a woman in army service enlisted for a term of more than 12 years' army service shall have the right to determine her service in accordance with Regulation 6 at the end of the period of 3 years beginning with the relevant date or at the end of any succeeding period of 3 years.

(3) A woman may, after the commencement of these Regulations, be enlisted in army service for a term of 6 years or more with the right to determine her service, subject to Regulation 7 and in accordance with the provisions of Regulation 6, at the end of the period of 4 years beginning with the date of her attestation.

Transfer to the reserve with consent

5. A man, but not a woman, in army service who has not completed 12 years' service beginning with the relevant date whose application to his commanding officer for transfer to the reserve is approved by the competent military authority may be transferred to the reserve.

Exercise of rights conferred by Regulation 4

6.—(1) A right to determine army service and a right to be transferred to the reserve conferred by Regulation 4 shall be exercised by notice in writing given by the person in question to his commanding officer not less than 6 nor more than 12 months before the expiration of the period at the end of which his service is to be determined or as the case may be he is to be transferred to the reserve.

(2) Notice given by a person under paragraph (1) of this Regulation may be withdrawn by notice in writing given by him to his commanding officer at any time before the expiration of the period mentioned in that paragraph, but where a notice under this paragraph is given in the last 6 months of that period it shall be of no effect unless approved by the competent military authority.

Restrictions on the exercise of rights conferred by Regulations 4 and 11(5)

7.—(1) A person who, in consideration of—

(a) being permitted to undergo a course of instruction of a duration of not less than 10 weeks, or

(b) being permitted to transfer to a corps different from the one in which he was previously serving, or

(c) receiving any other benefit or advantage,

consents in writing to be restricted in the exercise of the rights conferred by Regulations 4 and 11(5) shall not exercise such rights before the expiration of the appropriate period which shall be specified in such consent and shall begin with the date on which he completes such course of instruction or such transfer takes effect or such other date as is mentioned in such consent.

(2) "The appropriate period" shall be—

(a) in relation to permission to undergo a course of instruction, the duration of which is not more than 3 months, a period of not more than 1 year and, in relation to permission to undergo a course of instruction of longer duration, a period of not more than 6 years,

(b) in relation to permission to transfer to another corps, a period of not more than 4 years,

(c) in relation to the receipt of any other benefit or advantage, a period of not more than 6 years.

(3) The rights conferred by Regulation 4 and Regulation 11(5) shall not be exercisable, by a person in army service enlisted on or after the 1st day of October 1957 for 22 years who has given an undertaking pursuant to any regulations revoked by these Regulations not to determine his army service, before the expiration of the period specified in such undertaking.

Service in the reserve

8.—(1) A man transferred to the reserve in consequence of the exercise of a right conferred by Regulation 4(1)(a) shall serve in the reserve until the expiration of 12 years from the relevant date.

(2) A man transferred to the reserve in consequence of his exercise of a right conferred by Regulation 4(1)(a) shall serve in the reserve until the expiration of 7 years from the relevant date.

(3) A man transferred to the reserve under Regulation 5 with the approval of...

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