The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009

Postponement of discharge or transfer

8.—(1) This regulation applies to an enlisted person if—

(a) apart from this regulation, he would have become entitled to be discharged or transferred to a reserve force;

(b) on the date on which he would have become so entitled (“the relevant date”), a call-out order under section 52, 54 or 56 of the 1996 Act is in force authorising the call out for permanent service of members of the reserve forces; and

(c) none of regulations 9 to 12 applies to him.

(2) References in paragraph (1) to a person’s becoming entitled to be discharged include his becoming so entitled by virtue of these Regulations.

(3) A person to whom this regulation applies may be retained in service in the regular forces for such period as the competent authority may order, not exceeding the maximum period, and if so retained shall not be entitled to be discharged or transferred to a reserve force until the expiry of the period so ordered.

(4) Where the person would otherwise have been entitled to be discharged, and any call-out order by virtue of which this regulation applies to him was made under section 52 or 54 of the 1996 Act, the maximum period is 12 months from the relevant date.

(5) Where the person would otherwise have been entitled to be discharged, and the only call-out order by virtue of which this regulation applies to him was made under section 56 of the 1996 Act, the maximum period is nine months from the relevant date.

(6) Where the person would otherwise have been entitled to be transferred to a reserve force, the maximum period is the period for which he could have been required to serve on being called out under Part 6 of the 1996 Act if—

(a) he had been transferred to the reserve force in time to be called out for permanent service starting on the relevant date; and

(b) he had been so called out on the authority of the call-out order by virtue of which this regulation applies to him.

(7) Where—

(a) a person is retained in service in the regular forces by virtue of this regulation,

(b) on the expiry of the period for which his retention was ordered, a call-out order under section 52 or 54 of the 1996 Act is in force, and

(c) he makes a declaration before his commanding officer in a form approved for the purposes of this regulation by or on behalf of the Defence Council,

he may (with the approval of the competent authority) continue to serve in the regular forces for as long as such a call-out order is in force, and shall be entitled to be discharged or transferred to a reserve force on the expiry of three months’ notice given by him to his commanding officer.

(8) Where a person who would otherwise have been entitled to be transferred to a reserve force is retained in service, or continues to serve, in the regular forces by virtue of this regulation—

(a) any period for which he is liable to serve in a reserve force shall be reduced by the period for which he is so retained or continues so to serve; and

(b) the period for which he is so retained or continues so to serve shall be treated as a period of relevant service for the purposes of Parts 4 to 7 of the 1996 Act.