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Reserve Forces Act 1980

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This is the original version (as it was originally enacted).

80Record of illegal absence

(1)Where a man of the Army Reserve is subject to military law, or a man of the Air Force Reserve is subject to air-force law, as the case may be, and is unlawfully absent from his duty—

(a)a board of inquiry under section 135 of the [1955 c. 18.] Army Act 1955, or under section 135 of the [1955 c. 19.] Air Force Act 1955, as the case may be, may be assembled after the expiry of 21 days from the date of the man's absence, notwithstanding that the period during which the man was subject to military law or air-force law is less than 21 days, or has expired before the expiry of 21 days; and

(b)the record mentioned in section 136 of the [1955 c. 18.] Army Act 1955, or in section 136 of the [1955 c. 19.] Air Force Act 1955, as the case may be, may be entered in the manner there provided, or in such regimental or service books and by such officer as may be prescribed.

(2)Where a man of the Army Reserve or the Air Force Reserve, as the case may be—

(a)fails to appear at the time and place at which he is required upon being called out for training or on permanent service to attend, and

(b)his absence continues for not less than 14 days,

an entry of the man's absence shall be made by the prescribed officer in the prescribed manner and in the prescribed regimental or service books and the entry shall be conclusive evidence of the fact of the man's absence.

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