Army Reserve Act 1950

JurisdictionUK Non-devolved
Citation1950 c. 32


Army Reserve Act , 1950

(14 Geo. 6) CHAPTER 32

An Act to consolidate certain enactments relating to the army reserve.

[26th October 1950]

Be it enacted by the King'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:—

S-1 The army reserve.

1 The army reserve.

(1) It shall be lawful for His Majesty to keep up a force in the United Kingdom called the army reserve, to consist of two classes.

(2) The classes of the army reserve shall be constituted as follows:—

Class 1.—The first class shall consist of—

(a ) men transferred (whether before or after the commencement of this Act) to the army reserve in pursuance of the Army Act,

(b ) men serving in the army reserve for a term of part-time service within the meaning of Part I of the Act of 1948, and

(c ) men enlisted or re-engaged in pursuance of this Act for service in the said class.

Class 2.—The second class shall consist of men who—

(a ) being out-pensioners of Chelsea hospital, or

(b ) having served in any of the regular forces for not less than the full term of their original enlistment,

may be enlisted or re-engaged therein in pursuance of this Act.

(3) In the last foregoing subsection the expression ‘out-pensioners of Chelsea hospital’ includes all persons whose claims for prospective or deferred pension have been registered in virtue of any warrant of His Majesty.

(4) For the purpose of establishing a supplemental reserve, it shall be lawful for His Majesty to direct that the first class of the army reserve shall consist of two divisions.

(5) Each class of the army reserve shall consist of such number of men as may from time to time be provided by Parliament for that class.

S-2 Service as a militiaman.

2 Service as a militiaman.

(1) Where a man who has never served in the regular forces is enlisted into the first class of the army reserve, he shall serve therein as a militiaman.

(2) Where a man who has been discharged from the regular forces becomes a man of the first class of the army reserve otherwise than by transfer in pursuance of the Army Act, he may, if it is so prescribed by regulations made under this Act and subject to the conditions (if any) which may be so prescribed, serve in the army reserve as a militiaman.

(3) A militiaman may be re-engaged, and when re-engaged shall continue subject to the terms of service applicable to militiamen.

(4) Subject to the provisions of this Act, orders or regulations made thereunder may provide for the formation of militiamen into regiments, battalions or other military bodies, and for appointing, transferring or attaching militiamen to corps, and for posting, attaching or otherwise dealing with militiamen within corps.

(5) A militiaman who enlists into the regular forces shall upon such enlistment be deemed to be discharged from the army reserve.

S-3 Procedure and term of service on enlistment or re-engagement.

3 Procedure and term of service on enlistment or re-engagement.

(1) Every man who becomes a man of the army reserve by being enlisted or re-engaged in pursuance of this Act shall be enlisted or re-engaged, as the case may be, in such manner, and for a term of such length and to begin on such date, as may be prescribed.

(2) Subject to the provisions of this Act, and save as is otherwise prescribed, a man enlisting in the army reserve shall be attested in the same manner as a recruit in the regular forces, and the following sections of the Army Act, that is to say,—

(a ) section eighty (which relates to the mode of enlistment and attestation);

(b ) section ninety-eight (which imposes a fine for unlawful recruiting);

(c ) section ninety-nine (which makes recruits punishable for false answers);

(d ) section one hundred (which relates to the validity of attestation and enlistment or re-engagement); and

(e ) so much of section one hundred and sixty-three as relates to an attestation paper, or a copy thereof, or a declaration, being evidence,

shall apply in like manner as if they were re-enacted in this Act, with the substitution for the expression ‘soldier’ of the expression ‘man’ or, if the context so requires, ‘man of the army reserve’, and for the expression ‘regular forces’ of the expression ‘army reserve’.

(3) A man enlisting in the army reserve may be attested by a regular officer, and the sections of the Army Act specified in the last foregoing subsection together also with section thirty-three of that Act (which relates to false answers on enlistment) shall, in their application to the army reserve, be construed as if the expressions ‘justice’ and ‘justice of the peace’ included such an officer.

S-4 Calling out for annual training, special courses, etc.

4 Calling out for annual training, special courses, etc.

(1) Subject to the provisions of this section, all or any of the men of the army reserve may be called out for annual training at such time or times, and at such place or places within the United Kingdom, and for such period or periods, as may be prescribed:

Provided that a man of the army reserve not being a militiaman shall not be liable to be called out under this subsection in any one year for more than twelve days or twenty drills.

(2) Subject to the provisions of this section, a militiaman may, in addition to being called out for annual training, be called out for a special course or special courses of training at such place or places within the United Kingdom or the Isle of Man, at such time or times, and for such period or periods, not exceeding in the whole six months, as may be prescribed, in like manner and subject to the like conditions as he may be called out for annual training.

(3) Where one of the conditions on which a militiaman was enlisted or re-engaged is that he shall not be called out for training, whether special or annual, for a longer period than the period specified in his attestation paper, he shall not be liable under the foregoing provisions of this section to be called out for any longer period.

(4) The foregoing provisions of this section shall not apply to men serving in the army reserve for a term of part-time service within the meaning of Part I of the Act of 1948, but such men shall perform such training as they may be required to undergo under the said Part I.

(5) A man of the army reserve may, during any period of training for which he may be called out or which he may be required to undergo as aforesaid, be attached to and trained with any body of the regular or auxiliary forces or, if he is a militiaman called out for a special course of training under subsection (2) of this section, with any other body of His Majesty's forces.

S-5 Calling out on permanent service by proclamation.

5 Calling out on permanent service by proclamation.

(1) In case of imminent national danger or of great emergency it shall be lawful for His Majesty in Council by proclamation to order that the army reserve shall be called out on permanent service; and any man called out in pursuance of a proclamation under this subsection shall,—

(a ) if he belongs to the first class of the army reserve, be liable while so called out to serve either in the United Kingdom or elsewhere;

(b ) if he belongs to the second class of the army reserve, be liable while so called out to serve in the United Kingdom only.

(2) Before a proclamation is issued under the last foregoing subsection the occasion thereof shall be communicated to Parliament, if Parliament be then sitting; and if Parliament be not then sitting—

(a ) the occasion of the proclamation shall be declared in Council and notified by the proclamation, and

(b ) if Parliament be then separated by such an adjournment or prorogation as will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to that day.

(3) Where a proclamation under subsection (1) of this section has been issued, it shall be lawful for His Majesty at any time thereafter by proclamation to order that all militiamen shall cease to be called out on permanent service.

S-6 Calling out on permanent service for home defence and overseas service.

6 Calling out on permanent service for home defence and overseas service.

(1) Without prejudice to the provisions of the last foregoing section, but subject to the provisions of this section,—

(a ) any man of the army reserve (whether he entered the reserve on transfer or re-engagement or on being enlisted or on being deemed to be enlisted) shall during the whole of his service therein be liable to be called out on permanent service for home defence service;

(b ) any man who has been transferred to the army reserve in pursuance of the Army Act shall, if on his transfer he was designated by the competent military authority as a man to whom this paragraph applies, be liable to be called out on permanent service for overseas service at any time during the first year of his service in the first class of the army reserve;

(c ) without prejudice to the provisions of the last foregoing paragraph, any man of the first class of the army reserve (whether he entered that class on transfer or re-engagement or on being enlisted or on being deemed to be enlisted) shall, if he has entered into an agreement in writing to be so liable at the time in question, be liable at any time during his service in the said first class to be called out on permanent service for overseas service.

Any exercise of the power of calling out men under paragraphs (b ) and (c ) of this subsection shall be reported to Parliament as soon as may be.

(2) A man called...

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