The Royal Air Force Terms of Service (Amendment) Regulations 1997

Statutory Instruments

1997 No. 231

DEFENCE

The Royal Air Force Terms of Service (Amendment) Regulations 1997

Made

5th February 1997

Laid before Parliament

6th February 1997

Coming into force

1st March 1997

The Defence Council, in exercise of the powers conferred on them by section 2 of the Armed Forces Act 1966(1), hereby make the following Regulations:

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Royal Air Force Terms of Service (Amendment) Regulations 1997 and shall come into force on 1st March 1997.

(2) The Royal Air Force Terms of Service (Amendment) Regulations 1986(2) shall be revoked.

Amendments to Regulations

2.—(1) The Royal Air Force Terms of Service Regulations 1985(3) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (interpretation), after the definition of “the Act”there shall be inserted the following definition —

““air force service” means service in the regular air force;”

(3) In regulation 3 (duration of terms of enlistment) —

(a) in paragraph (2), there shall be omitted the words “, or a term as provided for in Regulation 4”; and

(b) in paragraph (3), there shall be omitted the words “Subject to Regulation 4,”.

(4) Regulation 4 (special terms of engagement) shall be omitted.

(5) In regulation 5 (engagement with right to transfer to the reserve on notice) —

(a) in paragraph (1), for the word “man”there shall be substituted the word “person”;

(b) paragraph (2) shall be omitted; and

(c) after paragraph (3), there shall be inserted the following paragraph —

“(4) A person enlisted pursuant to this regulation may apply by notice in writing to his commanding officer to be treated as if he had been enlisted pursuant to regulation 3 for a term equal in length to the term for which he was enlisted under this regulation; and, if the competent air force authority approves his application, he shall be so treated from the date on which his application is approved.”

(6) In Schedule 1 (competent air force authorities) —

(a) for the entry relating to regulation 4 there shall be substituted the following entry —

“Regulation 5

For the purpose of approving an application to convert from a Notice to a fixed term engagement

Director of Personnel Management (Airmen) and Controller of Reserve Forces (RAF)”;

(b) for the words “Director of Personnel Management (Airmen) (RAF) Ministry of Defence”, wherever they appear, there shall be substituted the words “Director of Personnel Management (Airmen) and Controller of Reserve Forces (RAF)”; and

(c) for the words “Director of Personnel (Air) (RAF) Ministry of Defence”, wherever they appear, there shall be substituted the words “Director of Personnel (Officers and Airmen Aircrew) (RAF)”.

On behalf of the Defence Council.

Michael Graydon

Frederick Howe

Members of the Defence Council

5th February 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Royal Air Force Terms of Service Regulations 1985.

The Regulations revoke regulation 4 of the 1985 Regulations which enabled persons between the ages of 16 years and 19 years and 7 months to be enlisted for a special term of 12 months or 2 years service.

The Regulations bring into line the position of men and women under regulation 5 of the 1985 Regulations (which provides for engagements with the right to transfer to the reserve). The Regulations amend regulation 5 to enable those who have enlisted on a notice engagement pursuant to that regulation to be treated as if they had been enlisted on a fixed term engagement pursuant to regulation 3. The Regulations also amend Schedule 1 to update the titles of the office holders who are the competent air force authorities for the purposes of the 1985 Regulations.

(1)

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

(2)

S.I. 1986/2073.

(3)

S.I. 1985/1820, amended by S.I. 1986/2073, 1989/994 and 1990/2374.