Armed Forces Act 2021

Section 9

Schedule 2 Reserve forces: flexibility of commitments

Part 1 Consequential amendments

Reserve Forces Act 1996

1 The Reserve Forces Act 1996 is amended as follows.

2 (1) Section 17 (postponement of discharge) is amended as follows.

(2) In subsection (1), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”.

(3) In subsection (2), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”.

(4) In subsection (4), for “full-time service under a full-time service commitment” substitute “service under a section 24 commitment”.

3 (1) Section 26 (parliamentary control of commitments) is amended as follows.

(2) For subsection (1)(a) substitute—

“(a) in service under section 24 commitments; or”.

(3) In subsection (2), for “full-time service” substitute “service under section 24 commitments”.

(4) In subsection (3), for “full-time service” substitute “service under section 24 commitments”.

4 (1) Section 97 (failure to attend for duty or training) is amended as follows.

(2) In subsection (1)—

(a) in the words before paragraph (a), for “full-time service” substitute “section 24”;

(b) in paragraph (a), for “full-time service”, in the first place it occurs, substitute “section 24”, and omit “full-time” in the second place it occurs.

5 In subsection (1) of section 127 (interpretation)—

(a) omit the definition of “full-time service commitment”, and

(b) at the appropriate place, insert—

• ““section 24 commitment” means a commitment under section 24;”.

6 In Schedule 9 (application of Act to members of transitional classes), in paragraph 11, in the words before sub-paragraph (a), for “full-time service commitment” substitute “commitment under that section”.

Armed Forces Act 2006

7 AFA 2006 is amended as follows.

8 In section 62 (time limit for charging Reserve Forces Act offences)—

(a) in subsection (3)(c)(ii), for “full-time service” substitute “service under a commitment entered into under section 24 of the Reserve Forces Act 1996”;

(b) omit subsection (3)(d).

9 In section 367 (persons subject to service law: regular and reserve forces), in subsection (2)(c), omit “full-time”.

Part 2 Transitional provision

10 Regulations under section 24(4) may provide that any provision of section 9 or Part 1 of this Schedule is to have effect in relation to commitments under section 24 or 25 of the Reserve Forces Act 1996 entered into before section 9 comes into force.