The Armed Forces (Terms of Service) (Amendment) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Terms of Service Regulations for the Royal Navy, Royal Marines, the regular army and the Royal Air Force.

Regulations 3 and 6 replace the regulations governing the right of Royal Navy and Royal Marine personnel, who are serving for a period of 4 years or more, to transfer to the reserve. The amendments ensure that a person who possesses this right will be transferred to the reserve 12 months after they notify their commanding officer of their desire to transfer. In some circumstances this 12 month period may be reduced by as much as 6 months but the 12 month period may not be reduced unless, within 1 month of notifying the commanding officer, the person is informed by a relevant competent authority of the date of transfer.

Regulation 10 amends the regulation governing the right of army personnel, who have served for a period of at least 4 years, to transfer to the reserve. The amendment broadly achieves the same effect for the army as the amendments referred to in the paragraph above. Under the army arrangements, the person will transfer to the reserve 12 months or more after notifying their commanding officer of their desire to transfer. The circumstances in which the 12 month period may be reduced are the same as for the Royal Navy or the Royal Marines.

Regulations 4 and 7 enable Royal Navy and Royal Marine personnel to transfer to the reserve, at any time with agreement, if their application to transfer is approved by a relevant competent authority. This mirrors existing provisions in the Terms of Service Regulations for the Army and the Royal Air Force.

Regulations 5, 8, 9 and 11 insert new regulations into the Terms of Service Regulations for each Service. The new regulations enable a person, under the age of 18 years, to leave the Armed Forces as of right. The regulations ensure that a person (who cannot leave using the right conferred on recruits) will be discharged 3 months after giving notice to their commanding officer. This 3 month period may be reduced but only if the person and their commanding officer agree on the duration of a new (reduced) period. The date of discharge may be postponed if the person is serving a sentence of service detention on the date the discharge would otherwise occur. A person who gives notice to the commanding officer may rescind the notice at any time. There is no limit on the number of times a person may give notice to the commanding officer before reaching the age of 18. In limited circumstances, a person above the age of 18 may be discharged however, this will only occur if, (because of the notice period) the discharge date falls after the person’s 18th birthday.

Regulations 12 to 15 sets out transitional provisions.