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The Armed Forces (Terms of Service) (Amendment) (No. 2) Regulations 2009

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The RM Regulations

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7.—(1) For the purposes of regulation 7(1) of the RM Regulations, a person’s previous enlistment in the Royal Marines shall be treated as having been determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 if he was discharged by the competent authority, in accordance with regulations made under Part 1 of the Army Act 1955 (c. 18), as not finally approved for service.

(2) In relation to a person enlisted in the Royal Marines before commencement, regulation 7(3) of the RM Regulations shall apply as if the words “Subject to regulations made under section 331 of the Armed Forces Act 2006” were omitted; but, if a notice given by such a person under that regulation expires at a time when a call-out order under section 52 of the Reserve Forces Act 1996 (c. 14) is in force authorising the call out for permanent service of members of the reserve forces, he shall not be entitled to be discharged so long as the order is in force.

(3) In calculating any period of time referred to in regulation 7 of the RM Regulations in relation to a person, no account shall be taken of any day before commencement during the whole or part of which the person was absent, whether on leave or for an unauthorised purpose.

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