The Armed Forces (Enlistment) Regulations 2009

Regulation 13

SCHEDULE TRANSITIONAL PROVISIONS

Interpretation

1.  In this Schedule—

“the 1966 Act” means the Armed Forces Act 1966(1);

“attestation” and “attestation paper” have the meanings given by the Army Act 1955(2) or the Air Force Act 1955(3) (as the case may be);

“commencement” means the date on which these Regulations come into force;

“Form S3049” means Royal Navy Form S3049 (Notice Form for Entry/Re-Entry into Naval Service);

“a person enlisted before commencement” means a person who, before commencement, made and signed the declaration set out in an attestation paper.

Recruiting officers

2.  Any person who, immediately before commencement—

(a) was a recruiting officer within the meaning of the Army Act 1955 and the Air Force Act 1955, or

(b) was authorised under regulations made by the Defence Council to enter persons for service in the Royal Navy,

shall be deemed to have been appointed under regulation 3 to be a recruiting officer.

Minimum age for enlistment

3.—(1) For the purpose of determining whether (notwithstanding section 2(4) of the Army Act 1955 or the Air Force Act 1955, as the case may be) any person’s enlistment in the regular army, the Royal Marines or the regular air force before commencement was invalid by virtue of his being aged under 16, his attestation by a recruiting officer (within the meaning of the Act in question) in accordance with paragraph 5 of Schedule 1 to that Act shall be sufficient evidence that the recruiting officer was satisfied that the person had reached the age of 16, unless the contrary is proved.

(2) Where an officer or other person authorised under regulations made by the Defence Council to enter persons for service in the Royal Navy has signed a copy of Form S3049 in relation to a person, for the purpose of determining whether (notwithstanding section 9(2) of the 1966 Act) the person’s entry into service was invalid by virtue of his being aged under 16 the signature shall be sufficient evidence that the officer or other person was satisfied that the person had reached the age of 16, unless the contrary is proved.

Consent to enlistment of persons under 18

4.  In regulation 5(1) the reference to consent to the enlistment includes a consent given before commencement.

Procedure for enlistment

5.  Where an attestation paper—

(a) has been signed by a recruiting officer within the meaning of the Army Act 1955 or the Air Force Act 1955, in accordance with paragraph 5 of Schedule 1 to that Act, but

(b) has not been delivered in accordance with that paragraph to the person prescribed by regulations of the Defence Council,

paragraphs (6) and (7) of regulation 7 apply as if the attestation paper were an enlistment paper completed in accordance with paragraphs (3) to (5) of that regulation.

Validity of enlistment in regular army, Royal Marines or regular air force

6.  In regulations 8 to 11, references to an enlisted person include a person enlisted before commencement, and references to a person’s enlistment are to be construed accordingly.

7.—(1) In relation to a person enlisted before commencement, regulation 8 is modified as follows.

(2) The reference in paragraph (1) to the delivery of a person’s enlistment paper to an approving officer in accordance with regulation 7(6) includes the delivery of the person’s attestation paper to a person prescribed by regulations of the Defence Council in accordance with paragraph 5 of Schedule 1 to the Army Act 1955 or the Air Force Act 1955 (as the case may be).

(3) Where a person’s attestation paper was so delivered but he has not been finally approved for service in accordance with regulations of the Defence Council, the reference in paragraph (2) to the approving officer is to be read as a reference to the person to whom the attestation paper was so delivered.

8.—(1) In relation to a person enlisted before commencement, regulation 9 is modified as follows.

(2) Paragraph (2) has effect as if in sub-paragraph (b) for “whether or not his consent was required under regulation 5” there were substituted “whether or not his consent was required under section 2(3) of the Army Act 1955 or the Air Force Act 1955, as the case may be”.

(3) Paragraph (5) applies where a claim has been made under section 18(1)(b) of the Army Act 1955 or the Air Force Act 1955.

9.—(1) In relation to a person enlisted before commencement, regulation 11(1) is modified as follows.

(2) The reference to any error or omission in the enlistment paper is to be read as a reference to any error or omission in the attestation paper.

(3) The reference to any failure to comply with any requirement of these Regulations includes any failure to comply with any requirement of the Army Act 1955 or the Air Force Act 1955 (as the case may be), or regulations made by the Defence Council under that Act, as to enlistment or attestation.

(4) The reference to the making of an application under regulation 9 includes the making of a claim under section 18(1)(b) of the Army Act 1955 or the Air Force Act 1955 (as the case may be).

10.  Regulations 10 and 11 do not validate a person’s enlistment if it occurred before commencement and (notwithstanding section 2(4) of the Army Act 1955 or the Air Force Act 1955, as the case may be) was invalid by virtue of the person’s being under the age of 16.

Validity of entry for service in the Royal Navy

11.  In regulations 8 to 11, references to an enlisted person include a person entered for service in the Royal Navy before commencement, and references to a person’s enlistment are to be construed accordingly.

12.—(1) In relation to a person entered for service in the Royal Navy before commencement, regulation 9 is modified as follows.

(2) Paragraph (2) has effect as if in sub-paragraph (b) for “whether or not his consent was required under regulation 5” there were substituted “whether or not his consent was required under section 9(1) of the 1966 Act”.

(3) Paragraph (5) applies where a claim has been made under section 10(1)(a) of the 1966 Act.

13.—(1) In relation to a person entered for service in the Royal Navy before commencement, regulation 11(1) is modified as follows.

(2) The reference to any error or omission in the enlistment paper is to be read as a reference to any error or omission in the copy of Form S3049 signed by the person.

(3) The reference to any failure to comply with any requirement of these Regulations includes any failure to comply with any requirement of the 1966 Act, or regulations made by the Defence Council, as to the entry of persons for service in the Royal Navy.

(4) The reference to the making of an application under regulation 9 includes the making of a claim under section 10(1)(a) of the 1966 Act.

14.  Regulations 10 and 11 do not validate a person’s entry for service in the Royal Navy if (notwithstanding section 9(2) of the 1966 Act) it was invalid by virtue of the person’s being under the age of 16.

(1)

1966 c. 45.

(2)

1955 c. 18.

(3)

1955 c. 19.