Army Terms of Service Regulations 1986

JurisdictionUK Non-devolved
CitationSI 2072/1986
Year1986

1986 No. 2072

DEFENCE

The Army Terms of Service Regulations 1986

26thNovember 1986

2ndDecember 1986

1stJanuary 1987

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 1986 and shall come into operation on 1st January 1987.

Interpretation and application

2.— (1) In these Regulations, unless the context otherwise required—

"the Act" means the Army Act 1955(b);

"the relevant date" means—

(a) in the case of a person who enlisted after having attained the age of 18 years, the date of his attestation, and

(b) in the case of a person who enlisted before having attained that age, the date of his attaining that age.

"recruit" means—

(a) a recruit enlisted in the regular army who has not previously so enlisted, and

(b) a recruit who has been discharged, by a competent military authority in accordance with Regulations made under Part I of the Act as not finally approved for service and who has subsequently been re-enlisted in the regular army.

(2) Expressions used in these Regulations have, unless the contrary intention appears, the meaning which they bear in the Act.

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

(a) 1966 c.45; section 2(1)(f) was amended by the Armed Forces Act 1976 (c.52), section 2.

(b) 1955 c.18.

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) above 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 army service or may be a term partly of army service and partly of service with the army reserve.

4.— (1) A person who has attained the age of 16 years but has not attained the age of 19 years 7 months may be enlisted for a special term of army service which shall be a term—

(a) wholly of army service,

(b) expiring either 12 months or 2 years from the date he first reports for duty following his enlistment, subject to a right of the person in question to determine his service at any time by 14 days notice in writing given by him to his commanding officer immediately before the date upon which it is to take effect,

(c) to which Regulations 5 to 9 and 14 shall not apply, but without prejudice to the application of those Regulations to any extended terms of service under Regulation 13.

(2) Upon such a term being extended under Regulation 13, the right conferred under sub-paragraph (b) of paragraph (1) above shall cease.

(3) Paragraph (4) below applies to a person who—

(a) enlisted after the 31st March 1986 and before these Regulations come into operation for a term of 12 months under Regulation 4 of the Army Terms of Service Regulations 1985(a), and

(b) whose term of service has not been extended under Regulation 14 of those Regulations or Regulation 13 of these Regulations.

(4) A person to whom this paragraph applies may give notice in writing to his commanding officer of his desire 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 approve 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.

5.— (1) A person who has enlisted in the regular army for a term of 22 years army service shall have the right to be transferred to the reserve at the end of the notice period or at any time thereafter.

(a) S.I. 1985/1819.

(2) The "notice period" for the purposes of paragraph (1) of this Regulation shall be determined in accordance with paragraphs (3) to (5) below.

(3) Subject to paragraph (4) of this Regulation—

(a) in the case of a man who at the time of his attestation or at any time thereafter has, with the approval of the competent military authority, consented to the notice period being a period of 6 or 9 years, the notice period shall be the period specified in such consent,

(b) in the case of a woman who has enlisted in Queen Alexandra's Royal Army Nursing Corps the notice period shall be a period of 4 years, and

(c) in any other case, the notice period shall be a period of 3 years.

(4) A man may revoke any consent given under paragraph (3)(a) of this Regulation—

(a) if at the time of giving such consent he had not attained the age of 17 years 6 months, by giving notice in writing to his commanding officer within 28 days after he attains the age of 18,

(b) in any other case with the approval of the competent military authority,

whereupon the notice period shall become a period of 3 years.

(5) The notice period shall begin—

(a) in the case of a person who enlisted under the age of 17 years 6 months and has revoked his consent under paragraph (4) above, on the date he attains the age of 18 years or the date of the expiration of his training whichever is the later,

(b) in the case of a person who enlisted under the age of 17 years 6 months and who—

(i) has not given any consent under paragraph (3) above, or

(ii) having given such consent has not revoked it under paragraph (4) above,

on the date he attains the age of 18 years,

(c) in the case of a person who enlisted when he had attained the age of 17 years 6 months, on the relevant date.

(6) The right conferred by paragraph (1) above—

(a) 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,

(b) is subject to Regulations 10, 13(2) and 14(6).

Right of recruit to determine service

6.— (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...

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