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Armed Forces Act 1981

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Changes over time for: Cross Heading: Postponement of discharge in event of war, etc.

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Postponement of discharge in event of war, etc.U.K.

[F112U.K.Section 4 (postponement of discharge or transfer to the reserve) shall have effect in relation to ratings of Queen Alexandra’s Royal Naval Nursing Service as if it provided–

4Postponement of discharge–QARNNS.

(1)This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.

For the purposes of this section, “the relevant date”, in relation to a rating, means the date on which he would, apart from this section, be entitled to be discharged.

(2)A rating to whom this section applies may be retained in service in Queen Alexandra’s Royal Naval Nursing Service after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly.

(3)A rating may not be retained in Queen Alexandra’s Royal Naval Nursing Service after the relevant date for longer than twelve months.

(4)A rating who is so retained is (if not discharged sooner) entitled to be discharged at the end of those twelve months.

(5)If, while a person is being retained in service in Queen Alexandra’s Royal Naval Nursing Service by virtue of this section, it appears to the competent authority that his service can be dispensed with, he shall be entitled to be discharged.

(6)Where, at the time at which under subsections (1) to (5) above a person is entitled to be discharged, a state of war exists between Her Majesty and a foreign power–

(a)he may, by declaration made before his commanding officer in a form prescribed by regulations of the Defence Council, agree to continue in service in Queen Alexandra’s Royal Naval Nursing Service while such a state of war exists, and

(b)if the competent authority approve, he may continue accordingly as if the period for which his term of service could be prolonged under subsections (1) to (5) above were a period continuing so long as a state of war exists;

but this is subject to subsection (7) below.

(7)If it is so specified in the declaration, he shall be entitled to be discharged at the end of three months’ notice given by him to his commanding officer.]

Textual Amendments

F1Sch. 3 para. 12 substituted (1.1.1999) by S.I. 1998/3086, reg. 8(1) (with reg. 8(2))

Modifications etc. (not altering text)

C1Sch. 3 para. 12 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 5

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