Army Act 1955

Extension of serviceE+W+S+N.I.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

F1Ss. 4–8 repealed with saving by S.I. 1967/1018, Sch. 3 Pt. I

9 Postponement in certain cases of discharge or transfer to the reserve. E+W+S+N.I.

[F2(1)This section applies to a soldier of the regular forces 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 reserve.

For the purposes of this section, “the relevant date”, in relation to a soldier, means the date on which he would, apart from this section, fall to be transferred to the reserve or he would be entitled to be discharged, as the case may be.

(1A)A soldier to whom this section applies may be retained in army service after the relevant date in accordance with this section for such period as the competent military authority may order, and his service may be prolonged accordingly.

(1B)The period for which a soldier may be retained in service after the relevant date by virtue of this section shall be limited as follows, that is to say—

(a)a soldier who would otherwise have fallen to be transferred to the reserve may not be retained for longer than the period for which, if the assumptions mentioned in subsection (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or

(b)a soldier who would otherwise have been discharged may not be retained for longer than twelve months;

and a soldier who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.

(1C)The assumptions to be made in relation to a soldier for the purposes of subsection (1B)(a) above are that—

(a)he was transferred to the reserve in time to be called out for permanent service starting on the relevant date; and

(b)he was so called out on the authority of the call-out order which justified his retention in service.]

(5)If while a soldier is being retained in army service by virtue of this section it appears to thecompetent military authority that his services can be dispensed with, he shall be entitled to be dischargedor transferred to the reserve as the case may require.

(6)Where, at the time at which under the foregoing provisions of this section a soldier is entitled to bedischarged or transferred to the reserve, a state of war exists between Her Majesty and any foreign power,he may, by declaration made in the prescribed form before his commanding officer, agree to continue in armyservice while such a state of war exists; and if the competent military authority approve he may continueaccordingly as if the period for which his term of service could be prolonged under the foregoing provisionsof this section were a period continuing so long as a state of war exists:

[F3(6A)Where a soldier is retained in service by virtue of this section but would otherwise have fallen to be transferred to the reserve—

(a)any period for which he is liable to serve in the reserve after the completion of his army service shall be reduced by the period for which he is so retained; and

(b)the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996.]

Provided that if it is so specified in the declaration he shall be entitled to be discharged ortransferred to the reserve, as the case may require, at the expiration of three months’ notice given by himto his commanding officer.

(7)In relation to soldiers serving outside the United Kingdom, references in this section to being entitledto be transferred to the reserve shall be construed as references to being entitled to be sent to the UnitedKingdom with all convenient speed for the purpose of being transferred to the reserve.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C2S. 9 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 1

[F410

(1)If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that soldiers who would otherwisefall to be transferred to the reserve shall continue in army service; and thereupon the last foregoingsection shall apply to such soldiers as it applies while [F5a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the reserve is in force].

(2)Where an order has been made under subsection (1) above, the occasion thereof shall forthwith becommunicated to Parliament.

(3)An order in force under subsection (1) above may be revoked by order of Her Majesty signified as thereinmentioned]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words in s. 10(1) substituted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 1(4) (with Sch. 7 para. 2); S.I. 1997/305, art. 2(1) (subject to art. 2(2))