Reinstatement in Civil Employment Act 1950

JurisdictionUK Non-devolved
Citation1950 c. 10
Year1950


Reinstatement in Civil Employment Act , 1950

(14 & 15 Geo. 6) 10

An Act to make further provision for the reinstatement in civil employment of persons who have served whole-time in the armed forces of the Crown, and for safeguarding the employment of persons liable to serve as aforesaid; and for purposes connected with the matters aforesaid.

[15th December 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 Reinstatement rights of reserves called up for whole-time service and persons enlisted for service in Korea.

1 Reinstatement rights of reserves called up for whole-time service and persons enlisted for service in Korea.

1. Where any persons have, at any time after the fifteenth day of July, nineteen hundred and fifty, entered upon a period of whole-time service in the armed forces of the Crown—

a ) in pursuance of any notice or directions given under any enactment which provides for the calling out on permanent service or the calling into actual service or the embodiment of any reserve or auxiliary force, or members thereof, or the recall of service pensioners
b ) in pursuance of any obligation or undertaking, whether legally enforceable or not, to serve, when called upon as a commissioned officer, not being an obligation or undertaking to accept a permanent or short-service commission or to serve for the purposes of periodical training
c ) in pursuance of any directions given under subsection (5) of section three, subsection (5) of section four, subsection (3) of section five or subsection (3) of section six of the Armed Forces (Conditions of Service) Act, 1939, or subsection (2) of section one of the Naval and Marine Forces (Temporary Release from Service) Act, 1940 (as amended by the Naval Forces (Extension of Service) Act, 1944);
d ) in pursuance of any enlistment for a period not exceeding eighteen months with a view to service in Korea;
e ) in response to any notice or request made or given by the competent naval, military or air force authority, to members of the Women's Royal Naval Reserve, Queen Alexandra's Royal Naval Nursing Service Reserve or the Naval Voluntary Aid Detachment Reserve, or to persons who have served in the Auxiliary Territorial Service, or to members of the Princess Mary's Royal Air Force Nursing Service Reserve, or to persons who have served in the Women's Auxiliary Air Force or any Voluntary Aid Detachment employed under the Air Council, whether or not there is any legal obligation to comply with the notice or request;

Part II of the National Service Act, 1948, shall apply to those persons in like manner as it applies to persons who have been called up under Part I of that Act for whole-time service; and accordingly in the said Part II (except section forty) and in the Fifth Schedule to the said Act references to persons who have or claim to have been called up under the said Part I for whole-time service shall be construed as including references to persons who have or claim to have entered upon a period of whole-time service in the armed forces of the Crown in the circumstances aforesaid, and references to whole-time service shall be construed as including references to any period of whole-time service so entered upon.

S-2 Reinstatement rights of persons voluntarily extending their service under Part I of National Service Act, 1948.

2 Reinstatement rights of persons voluntarily extending their service under Part I of National Service Act, 1948.

2. Where any person whose term of whole-time service under Part I of the National Service Act, 1948, was due to end on or after the fifteenth day of July, nineteen hundred and fifty, and before the first day of October, nineteen hundred and fifty, voluntarily undertook to serve whole-time in or with the regular forces for a further period not exceeding six months immediately after the time when the said term would have ended, his term of whole-time service under Part I of the said Act shall be deemed, for the purposes of Part II thereof, to have been extended so as to comprise that further period of service.

S-3 Reinstatement rights of persons who accept commissions.

3 Reinstatement rights of persons who accept commissions.

(1) Where any person, during his whole-time service under Part I of the National Service Act, 1948, has accepted a commission in any of the armed forces of the Crown under arrangements made by the competent naval, military or air force authority for treating commissioned service as equivalent to whole-time service under Part I of the said Act, his whole-time service as a commissioned officer under those arrangements shall be treated, for the purposes of Part II of the said Act, as a continuation of his whole-time service under the said Part I.

(2) Where any person who is liable under Part I of the National Service Act, 1948, to be called up for whole-time service has accepted a commission in any of the armed forces of the Crown under any such arrangements as aforesaid and has served whole-time as a commissioned officer under those arrangements without having been called up under the said Part I, Part II of the said Act shall apply to him in like manner as if he had been called up under the said Part I for whole-time service, and accordingly in the said Part II (except section forty) and in the Fifth Schedule to the said Act, references to persons who have or claim to have been called up under the said Part I for whole-time service shall be construed as including references to any person who has or claims to have entered upon whole-time service as a commissioned officer in the circumstances mentioned in this subsection, and references to...

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