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

Forfeiture of service

4.—(1) Subject to paragraph (5), this regulation applies where—

(a) a commanding officer makes a determination under regulation 3(2) in relation to an enlisted person; or

(b) an enlisted person is convicted of an offence under section 8 of the 2006 Act.

(2) Subject to paragraph (3), the relevant period of service shall be forfeited.

(3) Where this regulation applies by virtue of paragraph (1)(a), the commanding officer may direct—

(a) that no service shall be forfeited, or

(b) that a specified part of the relevant period of service shall be forfeited,

and if such a direction is given paragraph (2) shall not apply.

(4) Where a period of service is forfeited under paragraph (2) or (3)(b), these Regulations and regulations made under sections 329 and 331 of the 2006 Act shall apply in relation to the deserter, and he shall be liable to serve, as if he had on the appropriate date been enlisted for the term for which he was serving on the relevant date, including any entitlement to be transferred to a reserve force after a particular period of service and any liability to serve in a reserve force.

(5) Where this regulation applies by virtue of paragraph (1)(a), in this regulation—

“the deserter” means the person in relation to whom the determination under regulation 3(2) is made;

“the relevant period of service” means the period during which the deserter admitted having been in desertion;

“the relevant date” means the date of the determination; and

“the appropriate date” means a date earlier than the relevant date by the length of the deserter’s service which is not forfeited.

(6) Where this regulation applies by virtue of paragraph (1)(b), in this regulation—

“the deserter” means the person convicted of the offence under section 8 of the 2006 Act;

“the relevant period of service” means—

(a)

if the court states when announcing sentence that the deserter is found to have been in desertion only for a specified part of the period during which he was alleged in the charge sheet to have been in desertion, that part of that period;

(b)

otherwise, the period during which he was alleged in the charge sheet to have been in desertion;

“the relevant date” means the date of the conviction; and

“the appropriate date” means a date earlier than the relevant date by the length of the deserter’s service which is not forfeited.

(7) This regulation shall not have the effect of enabling the deserter to exercise any right conferred by regulations made under section 329 of the 2006 Act at a time earlier than that at which he could otherwise have exercised that right.

(8) This regulation does not apply in relation to a person who deserted at a time when he had, by virtue of regulations made under section 329 of the 2006 Act, continued in service after the expiry of the term for which he was enlisted.