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Army and Air Force Act 1961

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This is the original version (as it was originally enacted).

9Change of conditions of service after long-term enlistment in regular air force

(1)A person in air-force service who enlisted on a long-term enlistment shall, subject to the provisions of subsections (3) and (4) of this section, have the right to determine his service at the end of such period, not exceeding twelve years beginning with the relevant date, as may be prescribed.

(2)Where a person in air-force service enlisted as aforesaid his conditions of service may, on written application in that behalf made by him to his commanding officer and with the consent of the competent air-force authority, be changed as follows, that is to say:—

(a)the term for which he enlisted, or that term as previously extended under this paragraph, may be extended so as to end at such time, not later than the day on which he attains the age of fifty-five years, as may be specified in the application ;

(b)he may be transferred to the reserve with liability to serve therein until the expiration of the term for which he enlisted or of that term as extended under the foregoing paragraph, or such shorter term as the said authority may in his case approve.

(3)The right conferred by subsection (1) of this section shall be exercisable by notice in writing in the prescribed form given by the person in question to his commanding officer not less than the prescribed period before the expiration of the period at the end of which his service is to determine.

(4)Where a person, in consideration of his being permitted to undergo a prescribed course of instruction or a course of instruction of a prescribed class, or of the conferring on him of such other benefit or advantage as may be prescribed, has undertaken, in the prescribed form and manner, not to determine his air-force service before the expiration of such period, not exceeding six years, beginning with the day on which that course of instruction ends as may be prescribed or, as the case may be, before the expiration of such period not exceeding six years as may be prescribed in relation to that other benefit or advantage, he shall not give a notice under the last foregoing subsection which would result in the determination of his service before the end of the said period.

(5)A notice given by a person under subsection (3) of this section may be withdrawn by a notice in writing in the prescribed form given by him to his commanding officer at any time before the expiration of the period last mentioned in that subsection ; but where a notice under this subsection is given after the beginning of the said prescribed period it shall be of no effect unless approved by the competent air-force authority.

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