The Armed Forces (Terms of Service) (Amendment) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Terms of Service Regulations for the Royal Navy, the Royal Marines, the regular army and the Royal Air Force. Some of the amendments are consequential on changes made by the Armed Forces Act 2006, such as the fact that in future persons will be “enlisted” in the Royal Navy rather than “entered”. Others remove provisions which are obsolete, or correct drafting errors. The remainder make substantive changes, and these are noted below.

Regulations 3(3)(b), 10(b), 16(b) and 23(2)(c) simplify the definition of the competent authority for each Service.

Regulations 5 and 12 amend the regulations for the Royal Navy and the Royal Marines so as to impose a maximum of 6 years on the period that a person must serve in the reserve after exercising his right to be transferred.

Regulations 6(6) and 13(6) amend the regulations for the Royal Navy and the Royal Marines so that, for the purpose of calculating the “window” during which a recruit is entitled to claim discharge as of right, a period of absence on leave is disregarded but a period of unauthorised absence is not. Regulation 25 amends the RAF regulations on the same point, so that a period of absence on leave is disregarded for the purpose of calculating the date on which the window closes as well as the date on which it opens.

Regulations 6, 13, 18 and 25 also amend the regulations for each Service so that, where a recruit has claimed discharge as of right, his discharge may be postponed in the same circumstances as those in which a person’s discharge (or transfer to the reserve) on any other ground may be postponed in accordance with regulations made under section 331 of the 2006 Act.

Regulations 8 and 14 amend the regulations for the Royal Navy and the Royal Marines so as to provide for a person serving in the reserve to re-enter the Royal Navy or the Royal Marines, on application to the competent authority.

Regulation 20 inserts a new provision into the regulations for the regular army, enabling a person to be transferred to a different corps without his consent.

The Schedule makes transitional provision.