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Armed Forces Act 1966

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Section 13.

SCHEDULE 3E+W+S+N.I. Amendments of Part I of Schedule 7 to the M1Army Act 1955

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1For paragraph 4 of Schedule 7 to the Army Act 1955 there shall be substituted the following paragraphs:—E+W+S+N.I.

4(1)The provisions of this and the two next following paragraphs shall have effect as to the prolongation of service of a marine.

(2)Where a marine serving in the Royal Marines will, at the end of a period for which he has been re-engaged, have completed not less than twenty-two years’ service in the Royal Marines after attaining the age of eighteen years, he may, at any time during the last twelve months of that period, give notice to his commanding officer that he wishes to continue in Her Majesty’s service as a marine, and thereupon, if the competent authority approves, he may be continued in such service, but may at any time terminate it by not less than three months’ notice given by him to his commanding officer.

(3)In the case of a marine serving in the Royal Marines on the 1st January 1962 on a second engagement, the last foregoing sub-paragraph shall have effect with the substitution, for the words from the beginning to “give notice”, of the words “A marine completing the period for which under his second or subsequent engagement, he is required to serve in the Royal Marines may give notice”.

4A(1)Where, at the time at which, apart from this paragraph, a marine serving in the Royal Marines would be entitled to be discharged, or would fall to be transferred to the Royal Fleet Reserve, either—

(a)a state of war exists between Her Majesty and any foreign power; or

(b)warlike operations are in preparation or in progress; or

(c)men of the Royal Fleet Reserve are called into actual service ; or

(d)he is serving outside the United Kingdom,

he may be retained in service in the Royal Marines for such period as is hereinafter mentioned, and his service may be prolonged accordingly.

An exercise, by virtue of paragraph (b) above, of the power conferred by this sub-paragraph shall be reported to Parliament forthwith.

(2)No person shall be retained in service in the Royal Marines by virtue of this paragraph later than the expiration of twelve months after the date on which, apart from this paragraph, he would be entitled to be discharged.

(3)Subject to the provisions of the last foregoing sub-paragraph, any person who, apart from this paragraph, would be entitled to be discharged may be retained in service in the Royal Marines for such period as the competent authority may order.

(4)Subject as aforesaid, a person who, apart from this paragraph, would fall to be transferred to the Royal Fleet Reserve may be retained in service in the Royal Marines for such period, ending not later than twelve months after the date on which apart from this paragraph he would fall to be transferred to the Royal Fleet Reserve, as the competent authority may order, or for any further period during which men of the Royal Fleet Reserve continue called into actual service.

(5)If while a person is being retained in service in the Royal Marines by virtue of this paragraph it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged or transferred to the Royal Fleet Reserve as the case may require.

(6)Where, at the time at which under the foregoing provisions of this paragraph a person is entitled to be discharged or transferred to the Royal Fleet Reserve, a state of war exists between Her Majesty and any foreign power, he may, by a declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in the Royal Marines while such a state of war exists; and, if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under the foregoing provisions of this paragraph were a period continuing so long as a state of war exists:

Provided that, if it is so specified in the declaration, he shall be entitled to be discharged or transferred to the Royal Fleet Reserve, as the case may require, at the expiration of three months’ notice given by him to his commanding officer.

(7)In relation to marines serving outside the United Kingdom, references in this paragraph to being entitled to be transferred to the Royal Fleet Reserve shall be construed as references to being entitled to be sent to the United Kingdom with all convenient speed for the purpose of being transferred to that Reserve.

(8)References in this paragraph to men of the Royal Fleet Reserve being called into actual service are references to their being called into actual or permanent service under the authority of an order of Her Majesty made on its appearing to Her that national danger is imminent or a great emergency has arisen, or into actual service under section 10(1) of the Auxiliary and Reserve Forces Act 1949.

4B(1)If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, She may by order signified under the hand of the Secretary of State, provide; that marines serving in the Royal Marines who would otherwise fall to be transferred to the Royal Fleet Reserve shall continue in service in the Royal Marines; and thereupon the last foregoing paragraph shall apply to such persons as it applies while men of the Royal Fleet Reserve are called into actual service.

(2)Where an order is made under sub-paragraph (1) above, the occasion thereof shall forthwith be communicated to Parliament.

(3)An order in force under sub-paragraph (1) above may be revoked by an order of Her Majesty signified as therein mentioned

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Modifications etc. (not altering text)

C1The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

3In accordance with the foregoing provisions of this Schedule, for Paragraph I of the said Schedule 7 there shall be subsstituted the following paragraph:—E+W+S+N.I.

1The provisions of the six following paragraphs shall have effect in substitution for sections 4 to 10, 11(1), (3) and (4), 12(1) and 13

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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