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Reserve Forces Act 1980

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This is the original version (as it was originally enacted).

Miscellaneous

117Certain provisions as to commissions in Territorial Army

(1)All officers in the Territorial Army shall hold commissions from Her Majesty, and such commissions shall be prepared, authenticated and issued in the manner in which commissions of officers in Her Majesty's land forces are prepared, authenticated and issued, according to any law or custom for the time being in force.

(2)The holder of a land forces commission (including a person entitled to the issue of one) may be placed on the active list of officers of the Territorial Army, and while on that list shall be an officer of that reserve.

For the purposes of this subsection "active list" has such meaning as may be prescribed.

(3)Any reference—

(a)in the [1955 c. 18.] Army Act 1955, and

(b)in such other enactment (if any) as may be prescribed for the purposes of this subsection,

to an officer holding a commission in the Territorial Army shall be construed as including a reference to a person who is an officer of that reserve by virtue of subsection (2) above. The power to make regulations under this subsection shall be exercisable by statutory instrument.

118Civil rights and exemptions

(1)An officer or man of the Territorial Army or the Royal Auxiliary Air Force shall not be liable to any penalty or punishment for or on account of his absence—

(a)during the time he is voting at any election of a member to serve in Parliament; or

(b)during the time he is going to or returning from such voting.

(2)While a sheriff—

(a)is an officer of the Territorial Army and is called out for permanent service under section 10(1) or section 11(1) above, or

(b)is an officer of the Royal Auxiliary Air Force and is called out for permanent service under section 10(1) above or called out for home defence service,

he shall be discharged from personally performing the office of sheriff, and the under-sheriff shall be answerable for the execution of that office in the name of the high sheriff, and the security given by the under-sheriff and his pledges to the high sheriff shall stand as a security to the Queen and to all persons whomsoever for the due performance of the office of sheriff during that time.

(3)A field officer of the Territorial Army or an officer of the Royal Auxiliary Air Force not below the rank of squadron leader shall not be required to serve in the office of high sheriff.

(4)Subsections (2) and (3) above do not apply to Scotland.

119Exemption from tolls, etc.

For the purposes of—

(a)section 184 of the [1955 c. 18.] Army Act 1955,

(b)section 184 of the [1955 c. 19.] Air Force Act 1955, and

(c)other enactments relating to the duties, tolls and ferries as are mentioned in those sections,

officers and men belonging to the Territorial Army or the Royal Auxiliary Air Force, when going to or returning from any place at which they are required to attend, and for non-attendance at which they are liable to be punished, shall be deemed to be officers and soldiers of the regular military forces on duty, or officers and airmen of the regular air force on duty, as the case may be.

120Service of notices for Territorial Army and Royal Auxiliary Air Force

Notices required in pursuance of—

(a)this Part of this Act, or

(b)the orders and regulations in force under this Part,

to be given to men of the Territorial Army or of the Royal Auxiliary Air Force shall be served or published in such manner as may be prescribed and, if so served or published, shall be deemed to be sufficient notice.

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