SCHEDULES
F1SCHEDULE 1
Special agreements
1
1
Any agreement for the purposes of section 14 above shall be made with respect to such period of 12 months as may be specified in that agreement and, without prejudice to the making of a further agreement, shall cease to be in force at the expiry of that period.
2
An agreement for the purposes of section 14 may be revoked at any time by 3 months’ notice in writing, but shall not cease to be in force until the expiry of that notice.
Notices
2
1
A notice to any person under section 14(1) above shall specify the time and place at which he is to present himself for service in accordance with the notice and may be revoked or varied by a subsequent notice under that subsection.
2
Any such notice shall be deemed to have been duly served on the person to whom it is directed if—
a
it is delivered to him personally; or
b
it is sent by registered post or the recorded delivery service addressed to him at his latest address known to the military authorities.
Length of call out
3
1
The term for which a person may be called out under section 14(1) above shall be such a term (consistent with sub-paragraph (2) below) beginning on such date falling within the period specified in the agreement as may be specified in the notice, whether or not any of that term falls after the date when the agreement ceases to be in force.
2
Subject to paragraphs 4 to 6 below, the term, or, if more than one, the aggregate of the terms, for which any person is called out for service under section 14(1) in pursuance of any one agreement shall not exceed 6 months.
Calculation of length of service
4
If, in the case of any person, at the time when the term of any service by him under section 14 above would otherwise be completed, that person has become liable to be proceeded against for an offence against the M25Naval Discipline Act 1957, military law or air-force law, that term shall not be completed until he has been tried or otherwise dealt with for that offence and has undergone any punishment awarded for that offence, or, if at that time punishment for such an offence as is mentioned above has already been awarded, until he has undergone that punishment.
5
In determining in the case of any person the end of any such term as is mentioned in paragraph 4 above no account shall be taken—
a
in relation to any service under section 14 above, of any day before the day on which that person presented himself in pursuance of the notice to him under section 14(1);
b
of any continuous period exceeding 14 days during which that person was absent as a deserter or absent without leave;
c
of any continuous period exceeding 14 days during which that person—
i
ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
in pursuance of a sentence of a court or an award by his commanding officer or in default of payment of any sum of money or for doing or failing to do or abstain from doing anything required to be done or left undone.
6
If, in the case of any such term as is mentioned in paragraph 4 above, leave of absence is granted to the person in question for a period comprising or immediately following the date on which that term would otherwise be completed, the Defence Council may postpone the completion of that term until a date not later than the expiry of his leave.
Special agreements and the F42Army Reserve
Words in Act substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(b)(4)50(1) (with s. 49(3)(5)); S.I. 2014/2370, art. 4(a)
7
Any notice given by any person under section 98(1) above of his desire to be discharged from the F42Army Reserve shall be deemed to include notice of revocation of any agreement entered into by that person for the purposes of section 14 above.
8
If the term of any person’s enlistment in the F42Army Reserve expires during the period specified in any agreement entered into by that person for the purposes of section 14 above or during the term of any service by him by virtue of that section, he shall not be entitled to be discharged from the F42Army Reserve before the expiry of that period or term.
9
Where a member of the F42Army Reserve has been called out for army service under section 14 above, and if he so desires, there shall be taken, as soon as may be convenient after the end of the term of his service by virtue of that section, all such steps as are necessary to enable him to serve again in the corps and unit of the F42Army Reserve in which he was serving at the time when he was so called out.
Application of the Army Act 1955
10
In the case of a person who does not for the time being hold a commission—
a
the provisions of the M26Army Act 1955 applied by paragraph (b) of section 14(3) above shall not include the proviso to section 3(3) and sections 13, 15, 17, or 18(2); and
b
section 9(1) of that Act shall not apply by reason only that the person is serving outside the United Kingdom.
SCHEDULE 2 Army and Air Force Pensioners and other Former Soldiers not Liable to be Recalled for Service
1
A man in holy orders or a regular minister of any religious denomination.
F22
A person who is receiving treatment for mental disorder as an in-patient in any establishment in the United Kingdom and is under the supervision of a registered medical practitioner.
F432A
A person registered as severely sight-impaired in a register kept under section 77(1) of the Care Act 2014 F44or section 18(1) of the Social Services and Well-being (Wales) Act 2014 .
3
A person certified to be registered as a blind person—
a
b
by a Health and Social Services Board in Northern Ireland under arrangements made under Article 15(1) of the M2Health and Personal Social Services (Northern Ireland) Order 1972.
F3SCHEDULE 3
Sch. 3 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
Enlistment
1
1
A person offering to enlist shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him; and a recruiting officer shall not enlist any person unless satisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.
2
The procedure for enlisting a person shall be that set out in paragraph 2 below.
3
A recruiting officer shall not enlist a person under the appropriate minimum age unless consent to the enlistment has been given in writing—
a
if the person offering to enlist is living with both or one of his parents, by the parents or parent;
b
if he is not living with both or one of his parents, but any person (whether a parent or not) whose whereabouts are known or can after reasonable enquiry be ascertained has parental rights and powers in respect of him, by that person;
c
if there is no such person as is mentioned in paragraph (b) of this sub-paragraph or if after reasonable enquiry it cannot be ascertained whether there is any such person, by any person in whose care (whether in law or in fact) the person offering to enlist may be.
4
Where the recruiting officer is satisfied, by the production of a certified copy of an entry in the register of births or by any other evidence appearing to him to be sufficient, that a person offering to enlist has or has not attained the appropriate minimum age, that person shall be deemed for the purposes of this Act to have attained, or as the case may be, not to have attained, that age.
A document purporting to be a certificate signed by the recruiting officer, stating that he is satisfied as aforesaid, shall be sufficient evidence, until the contrary is proved, that he is so satisfied.
Procedure on attestation
2
1
The recruiting officer shall warn the person to be enlisted that if he makes any false answers to the questions to be read out to him he will be liable to be punished as provided by this Act.
2
He shall then read, or cause to be read, to that person the questions set out in the attestation paper and satisfy himself that he understands each of those questions and that his answers thereto have been duly recorded in the attestation paper.
3
He shall then ask that person to make and sign the declaration set out in the attestation paper as to the truth of the answers and shall administer to him the oath of allegiance as set out in the attestation paper.
4
5
The recruiting officer shall by signature attest, in the manner required by the attestation paper, that the requirements of this Act as to the attestation of the recruit have been carried out and deliver the attestation paper duly dated to such person as may be prescribed by regulations of the Defence Council.
6
When in accordance with the regulations the recruit is finally approved for service, the officer by whom he is approved shall at his request furnish him with a certified copy of the attestation paper.
Validity of attestation and enlistment
3
1
Where a person has signed the declaration required by paragraph 2 above (and in the case of either the F41Regular Reserve or the Air Force Reserve has thereafter received pay as a person of one of those reserves)—
a
the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper;
b
if within 3 months from the date on which he signed the declaration he claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistment or attestation, or any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-paragraph the validity of his enlistment could have been called in question, the claim shall be submitted as soon as may be to the Defence Council, and if the claim is well founded the Defence Council shall cause him to be discharged with all convenient speed;
c
if—
i
when he signed the declaration he had not attained the appropriate minimum age, and
ii
within 3 months from the date on which he signed the declaration he, or any person whose consent to the enlistment was required under paragraph 1(3) above but who did not duly consent, claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistment or attestation, or any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-paragraph the validity of his enlistment could have been called in question, the claim shall be submitted as soon as may be to the Defence Council, and if the claim is well founded the Defence Council shall cause him to be discharged with all convenient speed;
d
subject to the provisions of paragraphs (b) and (c) above, he shall be deemed as from the expiry of the said 3 months to have been validly enlisted notwithstanding any such non-compliance or other grounds as aforesaid;
e
notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim in pursuance of paragraph (b) or paragraph (c) above, he shall be deemed to be a man of the F41Regular Reserve , the Air Force Reserve, the F42Army Reserve , or the Royal Auxiliary Air Force, as the case may be, until his discharge.
2
Where a person has received pay as a man of the F41Regular Reserve or the Air Force Reserve, as the case may be, without having previously signed the declaration required by paragraph 2, then—
a
he shall be deemed to be a man of the F41Regular Reserve or the Air Force Reserve, as the case may be, until discharged;
b
he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as may be to the Defence Council, who shall cause him to be discharged with all convenient speed.
3
Nothing in this paragraph shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.
False answers in attestation papers
4
1
If a person appearing before a recruiting officer for the purpose of being attested, knowingly makes a false answer to any question contained in the attestation paper and put to him by or by the direction of the recruiting officer, he shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding F22level 1 on the standard scale.
2
A person may be proceeded against under sub-paragraph (1) above notwithstanding that he has since become subject to military law or to air-force law, as the case may be.
3
Any person who—
a
when before a recruiting officer for the purpose of being attested in pursuance of this Act,
b
knowingly makes a false answer to any question contained in the attestation paper and put to him by or by the direction of the recruiting officer,
shall be, if he has since become and remains subject to military law or to air-force law, as the case may be, liable on conviction by court-martial to the like imprisonment as on summary conviction of an offence against sub-paragraph (1) above or to any less punishment provided by the M27Army Act 1955 or by M28Air Force Act 1955, as the case may be.
Evidence as to attestation papers
5
With respect to evidence in proceedings under Part IV or Part V of this Act, whether before a court-martial, a civil court or otherwise—
a
a document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested;
b
the attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is recorded in that paper as having given.
Interpretation of Schedule 3
6
In this Schedule—
“appropriate minimum age” means the age of 17 years and 6 months, except that in such classes of case as may be prescribed it means the age of 17 years;
“prescribed” means prescribed by regulations made under Part I of the Army Act 1955 or Part I of the Air Force Act 1955, as the case may be.
F4SCHEDULE 4
Sch. 4 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5); S.I. 1997/305, art. 2
F5SCHEDULE 5
Sch. 5 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
Arrest of deserters and absentees without leave
1
1
A constable may arrest any person whom he has reasonable cause to suspect of being an officer or man of the reserve forces (that is, in this Schedule, an officer or man of the F41Regular Reserve , Air Force Reserve, F42Army Reserve and Royal Auxiliary Air Force) who has deserted or is absent without leave.
2
Where no constable is available, any officer, warrant officer, non-commissioned officer or soldier of the regular forces, or airman of the regular air force, or any other person, may arrest any person whom he has reasonable cause to suspect of having deserted or being absent without leave as mentioned in sub-paragraph (1) above.
3
Any person having authority to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdiction an officer or man of the reserve forces who has deserted or is absent without leave or is reasonably suspected of having deserted or being absent without leave, may issue a warrant authorising his arrest.
4
Any person is custody in pursuance of this paragraph shall as soon as practicable be brought before a magistrates’ court.
5
This paragraph shall have effect in the United Kingdom and in any colony.
Proceedings before a civil court where persons suspected of illegal absence
2
1
Where a person who is brought before a magistrates’ court is alleged to be an officer or man of the reserve forces who has deserted or is absent without leave, the following provisions shall have effect.
2
If he admits that he is illegally absent from the reserve forces and the court is satisfied of the truth of the admission, then—
a
unless he is in custody for some other cause the court shall, and
b
notwithstanding that he is in custody for some other cause, the court may,
forthwith either cause him to be delivered into military or air-force custody, as the case may be, in such manner as the court may think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military or air-force custody, as the case may be) or until sooner delivered into such custody.
Any time specified by the court may be extended by the court from time to time if it appears to the court reasonably necessary so to do for the purpose aforesaid.
3
If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if satisfied that he is subject to military law or air-force law, as the case may be, and if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave then, unless he is in custody for some other cause, the court shall cause him to be delivered into military or air-force custody, as the case may be, or commit him as aforesaid, but otherwise shall discharge him:
Provided that if he is in custody for some other cause the court shall have power, but shall not be required, to act in accordance with this sub-paragraph.
4
The following provisions of F23the Magistrates’ Courts Act 1980or any corresponding enactment in force as respects the court in question, that is to say the provisions relating to the constitution and procedure of magistrates’ courts acting as examining justices and conferring powers of adjournment and remand on such courts so acting, and the provisions as to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses, shall apply to any proceedings under this paragraph.
5
This paragraph shall have effect in the United Kingdom and in any colony.
Deserters and absentees without leave surrendering to police
3
1
Where in the United Kingdom or any colony a person surrenders himself to a constable as being illegally absent from the reserve forces, the constable shall (unless he surrenders himself at a police station) bring him to a police station.
2
The officer of police in charge of a police station at which a person has surrendered himself as aforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into the case and if it appears to that officer that the said person is illegally absent as aforesaid he may cause him to be delivered into military or air-force custody, as the case may be, without bringing him before a magistrates’ court or may bring him before such a court.
Certificates of arrest or surrender of deserters and absentees
4
1
Where a magistrates’ court in pursuance of paragraph 2 above deals with a person as illegally absent, then when that person is delivered into military or air-force custody, as the case may be, there shall be handed over with him a certificate in the prescribed form, signed by a justice of the peace, containing the prescribed particulars as to his arrest or surrender and the proceedings before the court; and for any such certificate there shall be payable to the clerk of the court, by such person as the Defence Council may direct, such fee (if any) as may be prescribed.
2
Where under sub-paragraph (1) above, a person is delivered into military or air-force custody without being brought before a court, there shall be handed over with him a certificate in the prescribed form, signed by the officer of police who causes him to be delivered into custody, containing the prescribed particulars relating to his surrender.
3
In any proceedings for an offence under section 73(1) above or section 106(1) above—
a
a document purporting to be a certificate under either sub-paragraph (1) or (2) above and to be signed as thereby required, shall be evidence of the matters stated in the document;
b
where the proceedings are against a person who has been taken into military, naval or air-force custody on arrest or surrender, a certificate purporting to be signed by a provost officer, or any corresponding officer of a Commonwealth force or a force raised under the law of a colony, or by any other officer in charge of the guardroom or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender shall be evidence of the matters stated in the certificate.
4
Duties of governors of prisons and others to receive deserters and absentees
5
1
It shall be the duty of the governor of a civil prison in the United Kingdom or the superintendent or other person in charge of a civil prison in a colony to receive any person duly committed to that prison by a magistrates’ court as illegally absent from the reserve forces and to detain him until in accordance with the directions of the court he is delivered into military or air-force custody, as the case may be.
2
Sub-paragraph (1) above shall apply to the person having charge of any police station or other place (not being a prison) provided for the confinement of persons in custody, whether in the United Kingdom or in a colony, as it applies to the governor or superintendent of a prison.
F6SCHEDULE 6
Sch. 6 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
General provisions as to evidence
1
1
The following provisions of this paragraph shall have effect with respect to evidence in proceedings under Part IV or Part V of this Act, whether before a court-martial, a civil court or otherwise.
2
A letter, return or other document stating that any person—
a
was or was not serving at any specified time or during any specified period in any part of Her Majesty’s forces or was discharged from any part of those forces at or before any specified time, or
b
held or did not hold at any specified time any specified rank or appointment in any of those forces, or had at or before any specified time been attached, posted or transferred to any part of those forces, or at any specified time or during any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place, or
c
was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe or emblem,
shall, if purporting to be issued by or on behalf of the Defence Council or by a person authorised by them, be evidence of the matters stated in the document.
3
A record made in any service book or other document prescribed by Queen’s Regulations for the purposes of this sub-paragraph, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of military or air-force duty, as the case may be, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein.
4
A copy of a record (including the signature thereto) in any such book or other document as aforesaid, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record.
5
A document purporting to be issued by order of the Defence Council and to contain instructions or regulations given or made by the Defence Council shall be evidence of the giving of the instructions or making of the regulations and of their contents.
6
A certificate purporting to be issued by or on behalf of the Defence Council or by a person authorised by them, and stating—
a
that a decoration of a description specified in or annexed to the certificate is a military, naval or air force decoration, or
b
that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied or authorised by the Defence Council,
shall be evidence of the matters stated in the certificate.
7
A certificate purporting to be signed by a person’s commanding officer or any officer authorised by him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a continuing nature made for—
a
any formation or unit or body of troops, or
b
any formation or unit or body of the air force, or
c
any command or other area, garrison or place, or
d
any ship, train or aircraft,
shall in proceedings against the said person be evidence of the matters stated in the certificate. F24
7A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Where, in relation to one of the F41Regular Reserve , the Air Force Reserve, the F42Army Reserve or the Royal Auxiliary Air Force, any document would be evidence in any proceedings under Part IV or Part V of this Act by virtue of this paragraph, or paragraph 5 of Schedule 3 to this Act, that document shall—
a
in like manner,
b
subject to the same conditions, and
c
for the like purpose,
Proof of outcome of civil trial
2
1
Where a person subject to military law or to air-force law has been tried before a civil court (whether at the time of the trial he was or was not subject to military law or air-force law, as the case may be), a certificate signed by the clerk of the court and stating all or any of the following matters—
a
that the said person has been tried before the court for an offence specified in the certificate,
b
the result of the trial,
c
what judgment or order was given or made by the court,
d
that other offences specified in the certificate were taken into consideration at the trial,
shall for the purposes of Part IV or Part V of this Act be evidence of the matters stated in the certificate.
2
The clerk of the court shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate under this paragraph and shall be paid such fee as may be prescribed by regulations made by the Secretary of State under section 199 of the M31Army Act 1955 or section 199 of the M32Air Force Act 1955, as the case may be.
3
A document purporting to be a certificate under this paragraph and to be signed by the clerk of the court shall, unless the contrary is shown, be deemed to be such a certificate.
4
References in this paragraph to the clerk of the court include references to his deputy and to any other person having the custody of the records of the court.
F7SCHEDULE 7
Sch. 7 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
1
A scheme for the constitution of an association shall provide—
a
for the date of the establishment of the association;
b
for the incorporation of the association by an appropriate name;
c
for appointment as members of the association of F25naval members, marine members,military members and air force members the aggregate number of such members to be not less than half of the whole number of members of the association;
d
for the appointment as members of the association by the Defence Council, after consultation with, and on the recommendation of, the bodies to be represented, of representatives of such of the local authorities wholly or partly within the area for which the association is established as the Defence Council may from time to time determine;
e
for the mode of appointment, dismissal, term of office and rotation of members of the association and the filling of casual vacancies;
f
for the election of a chairman and a vice-chairman or vice-chairmen by the association and for defining their powers and duties;
g
for the appointment by the association, subject to the approval of the Defence Council, of a secretary and other officers and members of the staff of the association provided that a secretary or other officer or member of the staff who is in the employment of the association by virtue of the provisions of an order made by the Defence Council in exercise of the powers conferred upon the Defence Council by subsection (4) of section 122 above shall be deemed for the purpose of this provision in the scheme to have been appointed by the association;
h
for the procedure to be adopted, including the appointment of committees and the delegation to committees of any of the powers or duties of the association;
i
for enabling F26flaggeneral or air officers of any part of Her Majesty’s forces, or officers deputed by them, to attend the meetings of the association, and to speak but not to vote.
2
A scheme for the constitution of an association other than an association established for an area including Greater London shall provide—
a
for constituting as president of the association the lord-lieutenant of one of the counties or parts of counties for which the association is established, as the Defence Council may from time to time think fit, or, failing any of those lord-lieutenants, such other person as the Defence Council may think fit, and
b
for constituting as vice-presidents of the association the lord-lieutenants of any of those counties or parts of counties in any case where they are not president of the association and are willing to act as vice presidents.
3
A scheme for the establishment of an association in Scotland shall provide—
a
in the case where an association area coincides with a F27local government area or where a F27 local government area contains two or more association areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in the F27local government area or from such other persons as the Defence Council may think fit; or
b
in the case where an association area falls within two or more F27local government areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in those F27local government areasor from such other persons as the Defence Council may think fit.
4
A scheme for the constitution of an association established for an area including Greater London shall provide for constituting the lord-lieutenant of Greater London or, failing him, such other person as the Defence Council may think fit, president of the association.
5
A scheme for the constitution of an association may provide—
a
for the appointment as members of the association by the Defence Council, of representatives of universities whose activities are carried on wholly or partly within the area for which the association is established;
b
for the appointment as members of the association by the Defence Council, of persons representing the Army Cadet Force, the Air Training Corps, the Combined Cadet Force and the Sea Cadet Corps;
c
for the appointment as members of the association by the Defence Council, of persons representing employers in and persons employed in the area for which the association is established;
d
for the appointment of co-opted members;
e
for dividing the area for which the association is established into two or more parts and for establishing sub-associations for any of the parts and for delegating to a sub-association such of the powers and duties of the association as may be approved by the Defence Council and regulating the relations of a sub-association to the association and, where any association has established more than one sub-association, regulating the relations of one sub-association to another.
6
7
A scheme may contain any consequential, supplemental, or transitory provisions which may appear to be necessary or proper for the purposes of the scheme, and also as respects any matter for which provision may be made by regulations under this Act and for which it appears desirable to make special provision affecting the association established by the scheme.
8
1
A scheme for the constitution of an association established for an area including or including any part of the counties of Kent and Sussex may provide that the Lord Warden of the Cinque Ports shall ex-officio be a member of the association.
2
A scheme for the constitution of an association established for an area including or including any part of the counties of Devon and Cornwall may provide that the Warden of the Stannaries shall ex-officio be a member of the association.
3
The Governor or Deputy Governor of the Isle of Wight shall ex-officio be a member of an association established for an area including the Isle of Wight.
4
The Lord Mayor of the City of London shall ex-officio be president of a sub-association establishment for the City of London.
5
In this Schedule—
“air force member” means one who is a member or former member of Her Majesty’s air forces or who is specially qualified by his interest in and knowledge of matters relating to aviation;
F30“county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994);
F31“marine member”means one who is a member or former member of the Royal Marines F31or who is specially qualified by his interest in and knowledge of matters affecting the marine forces;
F32“military member” means one who is a member or former member of Her Majesty’s military forces F33or who is specially qualified by his interest in and knowledge of military matters.
F32“naval member”means one who is a member or former member of the Royal Navy F34or who is specially qualified by his interest in and knowledge of naval matters;
F15 SCHEDULE 8 Saving and Transitional Provisions
Sch. 8 repealed (1.4.1997 except so far as relating to certain paras. and subparas. the repeals of which are stillprosp.) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
General
1
References in paragraph (b) of section 17(2) of the M3Interpretation Act 1978 to subordinate legislation made or other thing done under enactments repealed and re-enacted by this Act shall be construed as including references to subordinate legislation or other thing having effect as if made or done by virtue of—
a
the M4Army Reserve Act 1950 section 29(4);
b
the M5Air Force Reserve Act 1950 section 30(4);
c
the M6Auxiliary Forces Act 1953 section 46(2).
2
Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of the Act had been in force when that period began to run.
3
The repeal of an enactment by this Act does not affect the operation of that enactment in relation to any offence committed before the commencement of the Act.
4
A conviction for an offence under an enactment repealed by this Act shall be treated for the purposes of the Act as a conviction for an offence under the corresponding provision of the Act.
Saving of amendments
F85
1
The amendments made—
b F9
2
3
Militia storehouses
7
1
Notwithstanding the repeal by this Act of section 4 of the M10Territorial Army and Militia Act 1921, any enactment repealed by that Act which related to militia storehouses shall continue to apply in relation to militia storehouses provided before the commencement of that Act as though that Act and this Act had not been passed.
In this sub-paragraph “militia storehouses” means any building or premises provided for keeping in them the arms, accoutrements, clothing and other stores belonging to any regiment, battalion or corps of militia, when not embodied.
2
Any moneys—
a
which have been paid to and invested by or shall be paid to the proper officer of a county council on account of the proceeds of the sale of any place provided for keeping militia stores, and
b
which are not required for the purposes of the M11Militia Law Amendment Act 1854,
may be applied to any of the purposes to which money raised on the security of the county rate or stock is applicable or it may be invested in any security in which trustees may by law invest trust moneys, and the interest applied in aid of the county rate or stock, as shall be directed by the county council.
Enlistment in the M12F42Army Reserve or Royal Auxiliary Air Force prior to order or regulation under Auxiliary Forces Act 1953
8
Where a man—
a
is a member of the F42Army Reserve or the Royal Auxiliary Air Force, and
b
was enlisted before the date of any order or regulation under the Auxiliary Forces Act 1953,
nothing in any order or regulation made under any provision of that Act or made or having effect under a corresponding provision of this Act shall render him liable without his consent to be appointed, transferred or attached to any military or air force body to which he could not without his consent have been appointed, transferred or attached if that order or regulation had not been made.
M33Reserve of officers maintained under section 11(4) of Auxiliary Forces Act 1953
9
In relation to the M34Reserve Forces Act 1966—
a
the provisions of section 3(2) of that Act (which abolished reserve divisions of the Territorial F41Regular Reserve ), and
b
the repeal by that Act of section 11(7) of the Auxiliary Forces Act 1953,
do not affect any reserve of officers maintained in pursuance of that section 11(7) immediately before 9th August 1966, but any such reserve may be abolished by order of Her Majesty signified under the hand of the Secretary of State.
Transfers to reserve under Army Act and Air Force Act
10
F39In this Act—
a
references to the M13Army Act 1955 in connection with transfers to the reserve include such transfers under the Army Act;
b
references to the M14Air Force Act 1955 in connection with transfers to the reserve include such transfers under the Air Force Act.
Modifications of other enactments
11
Without prejudice to section 152(2) above—
a
any reference in any enactment to, or to provisions which include, section 5 of the M15Army Reserve Act 1950 or section 5 of the M16Air Force Reserve Act 1950 or to a proclamation ordering the calling out of the F41Regular Reserve or the Air Force Reserve under those sections shall be construed respectively as, or as including, a reference to section 10 above or to an order authorising the calling out of the F41Regular Reserve or the Air Force Reserve under that section 10;
b
any reference in any enactment to the embodying or disembodying of the F42Army Reserve or the Royal Auxiliary Air Force or any part or member of that reserve or force shall be construed—
i
in relation to a member of the F42Army Reserve , as a reference to his being called into, or released from, service by virtue of section 10(1) or section 11(1) above;
ii
in relation to a member of the Royal Auxiliary Air Force, as a reference to his being called into, or released from, service by virtue of section 10(1).
The lieutenancies in England and Wales
F1113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The lieutenancies in Scotland
F1214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permanent service call out of special class of Royal Fleet Reserve otherwise than under section 11
15
1
Where section 11 above does not apply to a man of the special class of the Royal Fleet Reserve he is liable during the whole of his service in that class of the reserve to be called out for permanent service at any time when warlike operations are in preparation or in progress outside the United Kingdom (including the Channel Islands and the Isle of Man), but this sub-paragraph—
a
does not make the man liable to serve for a period or periods exceeding 12 months in all without his written consent,
b
is without prejudice to any liability imposed on the man by section 16(1) above,
and any exercise of the power under this sub-paragraph to call men out for permanent service shall be reported to Parliament forthwith.
2
The provisions of sub-paragraph (1) above are in addition to, and not in substitution for, the provisions of any other enactment under which officers or men of—
a
the Royal Naval Reserve and the Royal Fleet Reserve, and
b
the Royal Marines Reserve,
are liable to be called out for permanent service.
Permanent service call out of F41Regular Reserve and Air Force Reserve otherwise than under section 11
F1316
F131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F36Where section 11 does not apply to a man—
a
who enlisted in the regular forces within the meaning of the Army Act 1955 after 26th February 1964, and
b
who was transferred to the F41Regular Reserve in pursuance of—
i
the M18Army Act 1955, or
ii
the M19Army and Air Force Act 1961, or
iii
regulations under section 2 of the M20Armed Forces Act 1966, and
c
who on his transfer was designated by the competent military authority as subject to this provision for a specified period not exceeding 3 years beginning with the beginning of his service in the F41Regular Reserve ,
he is liable to be called out for permanent service on overseas service at any time during that period.
3
Where section 11 does not apply to a man of the F41Regular Reserve , that man, whether he entered the reserve—
a
on transfer, or
b
on re-engagement, or
c
on being enlisted or on being deemed to be enlisted,
shall, if he has entered into a written agreement (which may be revoked by 3 months’ written notice) to be so liable at the time in question, be liable at any time during his service in that reserve to be called out for permanent service on overseas service.
This sub-paragraph is without prejudice to sub-paragraphs (1) and (2) above.
F134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F37Where section 11 does not apply to a man—
a
who enlisted in the regular air force within the meaning of the Air Force Act 1955 after 26th February 1964, and
b
who was transferred to the Air Force Reserve in pursuance of—
i
the Air Force Act 1955, or
ii
the Army and Air Force Act 1961, or
iii
regulations under section 2 of the M21Armed Forces Act 1966, and
c
who on his transfer was designated by the competent air force authority as subject to this provision for a specified period not exceeding 3 years beginning with the beginning of his service in the Air Force Reserve,
he is liable to be called out for permanent service on overseas service at any time during that period.
6
Where section 11 does not apply to a man of the Air Force Reserve, that man, whether he entered the reserve—
a
on transfer, or
b
on re-engagement, or
c
on being enlisted or on being deemed to be enlisted,
shall, if he has entered into a written agreement (which may be revoked by 3 months’ written notice) to be so liable at the time in question, be liable at any time during his service in that reserve to be called out for permanent service on overseas service.
This sub-paragraph is without prejudice to F14sub-paragraph (2) above.
7
A man shall not without his written consent be liable to serve under sub-paragraphs (1) to (6) above for a period which, together with any previous period for which he was called out under any of those sub-paragraphs, exceeds 12 months.
8
Any exercise of the power of calling out men under this paragraph shall be reported to Parliament forthwith.
9
10
In this paragraph “overseas service” means service when the men in question are required for service outside the United Kingdom when warlike operations are in preparation or progress; and the reference to the United Kingdom in this sub-paragraph shall be construed as if that expression included the Channel Islands and the Isle of Man.
Call out for training of F41Regular Reserve and Air Force Reserve otherwise than under section 38
17
1
Where section 38 above does not apply to a man of the F41Regular Reserve he may be called out for annual training—
a
at such time or times, and
b
at such place or places within the United Kingdom, and
c
for such period or periods,
as may be prescribed, but he is not liable to be called out under this sub-paragraph in any one year for more than 12 days or 20 drills.
2
Such a man may, during any period of training for which he may be called out, be attached to and trained with any body of the regular or auxiliary forces.
3
Where section 38 does not apply to a man of the Air Force Reserve he may be called out for annual training—
a
at such time or times, and
b
at such place or places within the United Kingdom, and
c
for such period or periods,
as may be prescribed.
4
The period or periods so prescribed shall not exceed in any one year—
a
24 days in the case of a man who is serving as a qualified pilot or as a qualified navigator;
b
6 months in the case of a man who is undergoing instruction with a view to his qualifying for service as a pilot or navigator;
c
12 days or 20 drills or instructional parades in the case of any other man.
In this sub-paragraph “navigator” includes “observer”, and “qualified” means qualified in accordance with orders or regulations made under the provisions of this Act relating to the Air Force Reserve.
5
A man of the Air Force Reserve may, during any period of training for which he may be called out or which he may be required to undergo, be attached to and trained with any body of the regular or auxiliary air force.
6
Sub-paragraphs (3) to (5) above are subject to the provisions of this Act relating to special reservists.
Call out for training of F42Army Reserve otherwise than under section 38
18
1
Where section 38 above does not apply to a man of the F42Army Reserve —
a
he shall during the first year of his original enlistment be subject to any requirements as to preliminary training provided for under section 40 above in the same way as a man of the Royal Auxiliary Air Force and he shall attend the number of drills and fulfil the other conditions prescribed for a recruit of his arm or branch of the F42Army Reserve accordingly;
b
he shall by way of annual training be trained for not less than 8 or more than 15 days (or, for the mounted branch, 18 days) in every year at such times and at such places within the United Kingdom as may be prescribed, and may for that purpose be called out once or more often in every year.
2
A man mentioned in sub-paragraph (1)(b) above shall (subject to the provisions of this paragraph) attend the number of drills and fulfil the other conditions relating to training prescribed for his arm or branch of the F42Army Reserve .
3
The requirements of this paragraph as to annual training may be dispensed with in whole or in part—
a
as respects any unit of the F42Army Reserve , by the prescribed general officer, and
b
as respects an individual man of the F42Army Reserve , by his commanding officer subject to any general directions of the prescribed general officer.
4
Her Majesty may by Order in Council made in relation to any man of the F42Army Reserve to whom this paragraph applies direct—
a
that the period of annual training in any year shall be extended to such period not exceeding 30 days as may be specified in the Order; or
b
that the period of annual training in any year shall be reduced to such period as to Her Majesty may seem fit, or
c
that the annual training in any year shall be dispensed with.
5
Nothing in this paragraph shall be construed as preventing a man with his own consent, in addition to any other training, being called up for the purpose of duty or instruction in accordance with orders and regulations under this Act relating to the F42Army Reserve .
Election for section 38 to apply
19
Section 12 of Social Security (Miscellaneous Provisions) Act 1977
20
Where section 12 of the M22Social Security (Miscellaneous Provisions) Act 1977 applied immediately before the commencement of this Act to any provision which is repealed and re-enacted by this Act that section continues to apply to that provision as so re-enacted as it applied immediately before that commencement.
F19SCHEDULE 9 CONSEQUENTIAL AMENDMENTS
Sch. 9 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2(1)
ORDERS
M23 Industrial Relations (Northern Ireland) Order 1976
F1619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
M24 Industrial Relations (No. 2) (Northern Ireland) Order 1976
F1720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
C1SCHEDULE 10. Repeals
The text of Sch. 9 paras. 1–12, 14, 15, 17–20, sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Sch. 1 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2