The Armed Forces (Enlistment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision with respect to the enlistment of persons in the regular forces.

Regulation 3 requires enlistment to be undertaken by recruiting officers, and provides for the appointment of such officers.

Regulation 4 prohibits the enlistment of persons under the age of 16, and makes the purported enlistment of such a person void unless the recruiting officer is satisfied that the person is at least 16; but the recruiting officer’s signature on the enlistment paper is sufficient evidence that he was so satisfied unless the contrary is proved.

Regulation 5 requires the written consent of a parent or other appropriate person (if such a person can be identified), or in some cases more than one such person, before a person under the age of 18 may be enlisted.

Regulation 6 enables a person enlisted into the regular army to be enlisted for service in a corps or for general service.

Regulation 7 sets out the procedure for enlistment, including the attestation of the enlistment by the recruiting officer and delivery of the completed enlistment paper to an approving officer.

Regulations 8 to 11 make provision as to the validity of an enlistment. Regulations 8 and 9 allow the enlistment to be declared invalid by the approving officer or, on application, the Defence Council. The recruit may make an application to the Defence Council within three months of the enlistment (or before his 16th birthday, if later). If he was aged under 18 at the time of the enlistment, his parent or other appropriate person may also apply. Where his enlistment is declared invalid, regulation 10 requires him to be discharged, but he is deemed to be a member of the regular forces until discharged. Regulation 11 deems an enlistment to be valid unless it has been declared invalid under regulation 8 or 9 or is void under regulation 4 or any other enactment.

Regulation 12 creates an offence of knowingly giving a false answer to any question in the enlistment paper put to the recruit by the recruiting officer. The offence may be tried by a civilian court, but is also a service offence if the recruit is enlisted and thus becomes subject to service law.

The Schedule contains transitional provisions.