Reserve Forces Act 1980

39 Application of s. 38

(1) The persons to whom section 38 above applies are (subject to subsection (3) below)—

(a) any member of the Army Reserve or the Air Force Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having enlisted in the regular army or the regular air force before that day;

(b) any member of the Territorial Army who became such a member on or after 1st April 1967 by enlistment or re-engagement or by becoming an officer ; and

(c) any other person—

(i) who has elected in pursuance of subsection (2) below to be a person to whom section 38 applies, and

(ii) who has been notified in the prescribed manner that he has been accepted as such a person.

(2) A member of—

(a) the Army Reserve,

(b) the Air Force Reserve, or

(c) the Territorial Army,

who is not a person to whom section 38 applies may (subject to subsection (3) below) elect irrevocably in the prescribed manner to be such a person.

(3) The Secretary of State may by regulations provide—

(a) for securing that persons of such descriptions as may be prescribed who but for the regulations would be persons to whom section 38 applies shall not be such persons;

(b) for relaxing, in such cases as may be prescribed, the liability imposed by section 38 on persons to whom that section applies.