Reserve Forces Act 1980

Validity of attestation and enlistment

3 (1) Where a person has signed the declaration required by paragraph 2 above (and in the case of either the Army Reserve or the Air Force Reserve has thereafter received pay as a person of one of those reserves)—

(a) the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper;

(b) if within 3 months from the date on which he signed the declaration he claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistment or attestation, or any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-paragraph the validity of his enlistment could have been called in question, the claim shall be submitted as soon as may be to the Defence Council, and if the claim is well founded the Defence Council shall cause him to be discharged with all convenient speed;

(c) if—

(i) when he signed the declaration he had not attained the appropriate minimum age, and

(ii) within 3 months from the date on which he signed the declaration he, or any person whose consent to the enlistment was required under paragraph 1(3) above but who did not duly consent, claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistment or attestation, or any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this subparagraph the validity of his enlistment could have been called in question,

the claim shall be submitted as soon as may be to the Defence Council, and if the claim is well founded the Defence Council shall cause him to be discharged with all convenient speed ;

(d) subject to the provisions of paragraphs (b) and (c) above, he shall be deemed as from the expiry of the said 3 months to have been validly enlisted notwithstanding any such noncompliance or other grounds as aforesaid ;

(e) notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim in pursuance of paragraph (b) or paragraph (c) above, he shall be deemed to be a man of the Army Reserve, the Air Force Reserve, the Territorial Army, or the Royal Auxiliary Air Force, as the case may be, until his discharge.

(2) Where a person has received pay as a man of the Army Reserve or the Air Force Reserve, as the case may be, without having previously signed the declaration required by paragraph 2, then—

(a) he shall be deemed to be a man of the Army Reserve or the Air Force Reserve, as the case may be, until discharged ;

(b) he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as may be to the Defence Council, who shall cause him to be discharged with all convenient speed.

(3) Nothing in this paragraph shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.