Army Terms of Service Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/1365 |
| Year | 1992 |
1992No. 1365
DEFENCE
The Army Terms of Service Regulations 1992
9thJune1992
9thJune1992
1stJuly1992
The Defence Council, in exercise of the powers conferred upon them by section 2 of the Armed Forces Act 1966(( a)), hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Army Terms of Service Regulations 1992 and shall come into force on 1st July 1992.
Application and interpretation
2.-(1) Subject to paragraph (2), these Regulations shall apply to enlistment in the regular army and to the terms and conditions of service of persons who have so enlisted.
(2) These Regulations shall not apply to enlistment in the Royal Marines or for part-time service in Northern Ireland.
(3) In these Regulations-
"the 1955 Act " means the Army Act 1955(( b));
"competent military authority " shall be interpreted in accordance with regulation 16;
"home service " means army service which, otherwise than for the purposes of training, is restricted to Northern Ireland;
"recruit " means-
(a) a person enlisted in the regular army who has not previously so enlisted, otherwise than for part-time service;(b) a person who has been discharged by a competent military authority in accordance with regulations made under Part I of the 1955 Act as not finally approved for service and who has subsequently been re-enlisted in the regular army;"relevant date " means-
(a) in the case of a person who enlisted after attaining the age of 18, the date of his attestation;(b) in the case of a person who enlisted before attaining that age, the date of his attaining that age;"reserve " means the Army Reserve.
(4) In these Regulations, any reference to a numbered regulation or paragraph is a reference to the regulation or paragraph so numbered in these Regulations.
(a) 1966 c. 45; section 2 was amended by the Armed Forces Act 1976 (c. 52), section 2, and by the Army Act 1992 (c. 39), section 2.
(b) 1955 c. 18.
Terms of enlistment
3.-(1) A person may be enlisted in the regular army for such a term as is specified in paragraph (2) 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, or a term as provided for in regulation 4.
(3) Subject to regulation 4, the term for which a person may be enlisted may be a term wholly of full-time service or may be a term partly of full-time service and partly of service with the reserve.
4.-(1) This regulation applies to enlistment in the regular army otherwise than for home service.
(2) A person to whom this regulation applies and who has attained the age of 16 but has not attained the age of 19 years 7 months may be enlisted for a special term of service in the regular army which shall be a term-
(a) of full-time service;(b) expiring either 12 months or 2 years from the date he first reports for duty following his enlistment;(c) to which regulations 5 to 9 shall not apply.(3) A person enlisted for such a special term of service may determine his service at any time by a notice in writing given to his commanding officer not less than 14 days before the date on which it is to take effect.
(4) Paragraph (3) shall not apply to any term of service extended under regulation 14.
(5) Paragraph (6) applies to a person whose term of service has not been extended under regulation 13 of the Army Terms of Service Regulations 1986(( a)) or regulation 14 of these Regulations.
(6) A person to whom this paragraph applies may apply in writing to his commanding officer to continue in army service after completion of his term of service until the expiration of 2 years from the date he first reported for duty following his enlistment; and if the competent military authority signify in writing their approval of such application he may after completion of his term of service be continued as a person in army service for such period in all respects as if his term of service were still unexpired.
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;(a) S.I. 1986/2072.
(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.
Transfer to the reserve with consent
6. In addition to the right conferred by regulation 5, a person in army service other than a person enlisted for home service whose application to his commanding officer for transfer to the reserve is approved by the competent military authority shall be transferred to the reserve.
Right of recruit to determine service
7.-(1) A recruit who at the date of his attestation had not attained the age of 17 years 6 months shall have the right to determine his service by giving not less than 14 days' notice in w riting to his commanding officer subject to the following provisions of this regulation.
(2) The notice referred to in paragraph (1) shall not have effect unless it is given after the person concerned has completed 28 days' service excluding leave and before the expiration of 6 months from the date he first reported for duty following his enlistment.
(3) If such notice expires at a time when soldiers are required by an order under section 10 of the 1955 Act(( a)) (continuation of army service in imminent national danger) to continue in army service, that recruit's service shall not determine for so long as that order remains in force.
(4) This regulation shall not apply to a recruit enlisted-
(a) in the Brigade of Gurkhas;(b) for local service outside the United Kingdom.8.-(1) A recruit who at the date of his attestation had attained the age of 17 years 6 months but had not attained the age of 17 years 9 months shall have the right, at any time after the expiration of 28 days excluding leave and before the expiration of 6 months from the date he first reported for duty following his enlistment, to determine his service on payment...
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