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Part VIMiscellaneous Provisions relating to Part I to V

Special cases

116Her Majesty’s forces

(1)Subject to section 115(2) and (3) above and to this section, a person who is serving as a member of Her Majesty’s forces shall, while he is so serving, be treated as an employed earner, in respect of his membership of those forces, for the purposes—

(a)of Parts I to V and this Part of this Act; and

(b)of any provision of the Administration Act in its application to him as an employed earner.

(2)The Secretary of State may make regulations modifying Parts I to V and this Part of this Act, and any provision of Part II of the Administration Act which replaces provisions of Part III of the 1975 Act, in such manner as he thinks proper, in their application to persons who are or have been members of Her Majesty’s forces; and regulations under this section may in particular provide—

(a)in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining—

(i)the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, and

(ii)the deductions (if any) to be made on account of those contributions from the pay of those persons;

(b)for preventing a person who is discharged from Her Majesty’s forces at his own request from being thereby disqualified for receiving unemployment benefit on the ground that he has voluntarily left his employment without just cause.

(3)For the purposes of Parts I to V and this Part of this Act, Her Majesty’s forces shall be taken to consist of such establishments and organisations as may be prescribed by regulations made by the Secretary of State being establishments and organisations in which persons serve under the control of the Defence Council.