Army Terms of Service Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1819 |
| Year | 1985 |
1985 No. 1819
DEFENCE
The Army Terms of Service Regulations 198515thNovember 1985
27thNovember 1985
1stJanuary 1986
The Defence Council, in exercise of the powers conferred upon them by section 2 of the Armed Forces Act 1966(a), and 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 1985 and shall come into operation on 1st January 1986.
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 enlists 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) 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, except in the case of women, a term partly of army service and partly of service with the army reserve.
Special terms of engagement
4.—(1) A person who has attained the age of 16 years but has not attained the age of 18 years may be enlisted for a special term of army service which shall be a term—
(a) wholly of army service;
(b) expiring 12 months 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 6, 7 and 8 shall not apply, but without prejudice to the application of those paragraphs to any extended term of service under Regulation 14.
(2) Upon such a term being extended under Regulation 14, the right conferred under paragraph (1)(b) of this Regulation shall cease.
Right to determine army service and transfer to the reserve at end of notice period
5.—(1) A man 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.
(2) For the purposes of paragraph (1), the words "notice period" shall be construed in accordance with paragraphs (3), (4) and (5) below.
(3) Subject to paragraph (4):
(a) where a person 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, and
(b) where sub-paragraph (a) does not apply the notice shall be a period of 3 years.
(4) A person may revoke any consent given under paragraph (3):
(a) in the case of a person who at the time of giving such consent 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 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) 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) or
(ii) having given such consent does not revoke it under paragraph (4) 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, the relevant date.
(6) A woman who has enlisted in the regular army for a term of more than 12 years shall have the right to determine her service:
(a) in the case of a woman who at the date of her attestation had not attained the age of 17 years 6 months,
(i) the date she attains the age of 18 years, or
(ii) the date of the expiration of her training
whichever is the later.
(b) in any other case, the end of the period of 3 years beginning with the relevant date or at any time thereafter.
Provided that this paragraph shall not apply to a woman enlisted in Queen Alexandra's Royal Army Nursing Corps.
(7) A woman enlisted in Queen Alexandra's Royal Army Nursing Corps shall have the right to determine her service at the expiration of 4 years after the relevant date or at any time thereafter.
(8) The rights conferred by these Regulations are exercisable in accordance with Regulation 10 and are subject to Regulations 11, 14(2) and 15(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 by giving 14 days notice in writing to his commanding officer subject to the following provisions of this Regulation.
(2) Such notice 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 of his attestation.
(3) If such...
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