The Royal Marines Terms of Service (Amendment) Regulations 2002

Statutory Instruments

2002 No. 201

DEFENCE

The Royal Marines Terms of Service (Amendment) Regulations 2002

Made

4th February 2002

Laid before Parliament

6th February 2002

Coming into force

1st April 2002

The Defence Council, in exercise of the powers conferred on them by section 2 of the Armed Forces Act 1966(1), hereby make the following Regulations—

Citation and commencement

1.  These Regulations may be cited as the Royal Marines Terms of Service (Amendment) Regulations 2002 and shall come into force on 1st April 2002.

Amendments to Regulations

2.—(1) The Royal Marines Terms of Service Regulations 1988(2) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 4(2) (special terms of service) the words “12 months” shall be substituted for the words “6 months”.

(3) In regulation 11(1) (continuance in service), the words “and in the case of a person within 12 months of completing his original term, a period of notice of 12 months” shall be substituted for the words “or in the case of a person within 12 months of completing his original term, a period of notice equivalent to the unexpired portion of the original term plus 6 months.”

(4) In paragraphs (4) and (5) of regulation 11 (continuance in service), the words “12 months” shall be substituted for the words “6 months” wherever they appear.

Saving

3.  The Royal Marines Terms of Service Regulations 1988 shall continue to apply without the amendment made by regulation 2(3) in relation to any person who has been accepted for a continuance in service before 1st April 2002.

On behalf of the Defence Council

Adam Ingram

Admiral Sir Nigel Effenhigh

Members of the Defence Council

4th February 2002

Explanatory Note

(This note is not part of the Order)

These Regulations further amend The Royal Marines Terms of Service Regulations 1988 (“the 1988 Regulations”). Regulation 2(2) amends regulation 4(2) of the 1988 Regulations so as to increase from 6 months to 12 months the notice that a person is required to give to exercise their right to be discharged where that person has re-enlisted for a special term of service. Regulation 2(3) amends regulation 11(1) of the 1988 Regulations so that where a person has been accepted for a continuance of service after 1st April 2002 but decides to apply for a discharge within 12 months of the expiry of the original term, a period of notice of 12 months must be given. Regulation 2(4) amends regulation 11(4) and makes a consequential amendment to regulation 11(5) of the 1988 Regulations so as to increase from 6 months to 12 months the notice that a person is required to give to exercise their right to be discharged where that person has continued in service beyond their original term.

(1)

1966 c. 45; section 2(1)(f) was amended by section 2 of the Armed Forces Act 1976 (c. 52). Other amendments have been made to section 2 which are not relevant to these Regulations.

(2)

S.I. 1988/1395, amended by S.I. 2000/1772 and S.I. 2001/1520.