Reserve Forces Act 1996 (Transitional, Consequential and Saving Provisions) Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/306 |
| Year | 1997 |
1997No. 306
DEFENCE
The Reserve Forces Act 1996 (Transitional, Consequential
and Saving Provisions) Regulations 1997
19thFebruary1997
19thFebruary1997
1stApril1997
The Secretary of State, in exercise of the powers conferred on him by section 130 of the Reserve Forces Act 1996( a), hereby makes the following Regulations:-
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Reserve Forces Act 1996 (Transitional, Consequential and Saving Provisions) Regulations 1997 and shall come into force on 1st April 1997.
(2) In these Regulations "the 1980 Act" means the Reserve Forces Act 1980( b).
Amendment of provisions of the 1980 Act
2. In section 10 of the 1980 Act-
(a) for subsections (1) to (3) there shall be substituted-"(1) Any member of any reserve force other than an officer of the Royal Fleet Reserve may be called out for permanent service in any part of the world whenever an order of Her Majesty made under section 52(1)(a) of the Reserve Forces Act 1996 is in force.
(2) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.";
(b) in subsection (4)(e) the words "including the Royal Fleet Reserve and the special class of the Royal Fleet Reserve; and" shall be omitted;(c) after subsection (4)(e) there shall be inserted-"(ea) the Royal Fleet Reserve including its special class; and".3. For section 11 of the 1980 Act there shall be substituted-
"11.-(1) A person to whom this section applies shall be liable to be called out for permanent service in any part of the world whenever an order under section 54(1) of the Reserve Forces Act 1996 is in force.
(1A) Sections 50(6) and 54(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 54 of that Act applied.
(2) The persons to whom this section applies are-
(a) any member of the Army Reserve or the Air Force Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having enlisted in the regular army or the regular air force before that day;(a) 1996 c. 14.
(b) 1980 c. 9.
(b) any member of the Territorial Army who became such a member on or after 1st April 1967 by enlisting or re-engaging in the Territorial Army or by becoming an officer of the Territorial Army;(ba) any officer of the Royal Fleet Reserve;(c) any member of the special class of the Royal Fleet Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having, before that day, been entered for non-continuous service in the naval service of Her Majesty or enlisted to serve in the royal marine forces;(3) In subsection (2) above the references in paragraphs (a) and (c) to becoming a member of a reserve or class include references to remaining a member of it by virtue of a new engagement or other agreement.".
4. In section 16 of the 1980 Act-
(a) for the words in subsection (1) from "in the event" to the end of the subsection there shall be substituted-"whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force.";
(b) after subsection (1) there shall be inserted-"(1A) Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.".
5. In section 18 of the 1980 Act-
(a) for subsection (1) there shall be substituted-"(1) Any officer or man of the Army Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 is in force.";
(b) after subsection (1) there shall be inserted-"(1A) Sections 50(6), and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.".
6. In section 19(3) of the 1980 Act after the words "Sections 9" in the first line there shall be inserted-
"(without the amendments made by paragraph 1 of Schedule 7 to the Reserve Forces Act 1996)".
7. In section 20 of the 1980 Act-
(a) for subsection (1) there shall be substituted-"(1) Any man of the Air Force Reserve shall be liable to be called out for permanent service on home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force.";
(b) after subsection (1) there shall be inserted-"(1A) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.".
8. In section 21(3) of the 1980 Act after the words "Sections 9" in the first line there shall be inserted-
"(without the amendments made by paragraph 5 of Schedule 7 to the Reserve Forces Act 1996)".
9. For section 22 of the 1980 Act there shall be substituted-
"22.-(1) Every officer and man of the Territorial Army and of the Royal Auxiliary Air Force shall be liable to be called out for home defence service whenever an order under section 52(1)(b) of the Reserve Forces Act 1996 authorising his call-out is in force notwithstanding that-
(a) the Territorial Army or that part to which he belongs has not been called out for permanent service by virtue of section 10(1) or 11(1) above, or(b) the Royal Auxiliary Air Force or that part to which he belongs has not been called out for permanent service by virtue of section 10(1).(2) Sections 50(6) and 52(3) to (6) of the Reserve Forces Act 1996 shall apply to persons subject to this section as if they were persons to whom section 52 of that Act applied.".
10. After section 25 of the 1980 Act there shall be inserted-
"Application of section 62 of the Reserve Forces Act 1996
25A. Section 62 of the Reserve Forces Act 1996 (power to exempt persons from or relax call-out liability) shall apply to persons liable to be called out by virtue of the enactments mentioned in section 26(2) below as if in section 62 for the words "this Part" in both places in which they appear there were substituted the words "the Reserve Forces Act 1980"."
11. For section 26 of the 1980 Act there shall be substituted-
"26.-(1) The power of the Secretary of State under section 58(1) of the Reserve Forces Act 1996 to call out a person liable to be called out under an order made under section 52 or 54 of that Act shall include a power to call out a person liable to be called out by virtue of the enactments mentioned in subsection (2) below.
(2) The enactments referred to in subsection (1) above are-
(a) section 10(1) above;(b) section 11(1) above;(c) section 16(1) above;(d) section 18(1) above;(e) section 20(1) above;(f) section 22 above;(g) section 24 above;(h) paragraph 15(1) of Schedule 8 to this Act; and(i) sub-paragraphs (2), (3), (5) and (6) of paragraph 16 of that Schedule.(3) Sections 58 and 59 shall have effect in relation to any person called out by virtue of the enactments mentioned in subsection (2) above with the following modifications-
(a) section 58(3) shall have effect as if-(i) paragraph (b) provided for the call-out notice to specify the provision of this Act by virtue of which the person concerned is liable to be called out; and(ii) in paragraph (c), the words "under that order" were omitted;(b) section 58(5) shall have effect as if-(i) the words "on the authority of a call-out order" were omitted; and(ii) in paragraph (a), the reference to the call-out order was a reference to the order made under Part VI of the Reserve Forces Act 1996 by virtue of which the person concerned is liable to be called out;(c) section 59(5) shall have effect as if-(i) for the word "under", where it appears for the first time, there were substituted the words "by virtue of"; and(ii) the words "under that call-out order" were omitted; and(d) section 59(6) shall have effect as if-(i) the words "under a call-out order" and "under that order" were omitted; and(ii) paragraph (b) provided for the person concerned to be deemed to have been called out for service in accordance with this Act.(4) In the application of sections 58 and 59 of the Reserve Forces Act 1996 and of section 28 below-
(a) section 63 of the Reserve Forces Act 1996 shall apply in relation to this Act as it applies in relation to Part VI of that Act; and(b) "authorised officer" means an officer authorised by or in accordance with directions of the Defence Council for the purposes of Part VI of the Reserve Forces Act 1996, and any officer so authorised shall be deemed to be authorised for the same purposes in connection with any corresponding provision of this Act.".12.-(1) In section 28(1) of the 1980 Act-
(a) for paragraph (a) there shall be substituted-"(a) is in service in pursuance of a call-out notice under section 58 of the Reserve Forces Act 1996 specifying an enactment mentioned in section 26(2) above;";(b) for the words "section 26(1)" in both places where they appear there shall be substituted "section 58 of the Reserve Forces Act 1996".13. In section 29(1) of the 1980 Act, for the words-
(a) "section 26(1)" there shall be substituted "section 58 of the Reserve Forces Act 1996 specifying an enactment in section 26(2) above";(b) "whole-time" there shall be substituted "permanent".14. After section 29 of the 1980 Act there shall be inserted-
"Application of provisions relating to recall
29A. The provisions of this Act relating to recall shall not apply to any person to whom section 66 of the Reserve Forces Act 1996 applies.".
15.-(1) Section 30 of the 1980 Act shall be amended as follows.
(2) For subsection (1) there shall be substituted-
"(1) Whenever a recall order under section 68 of the Reserve Forces Act 1996 authorising the recall of persons who have served in the Royal Navy or Royal Marines is in force, persons to whom this section applies are liable-
(a) by virtue of subsection (1A)(a) below, to...To continue reading
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