Part II Call Out and Recall

Call out for training

39 Application of s. 38.

1

The persons to whom section 38 above applies are (subject to subsection (3) below)—

a

any member of the Army Reserve or the Air Force Reserve who became such a member on or after 1st April 1967 otherwise than in consequence of his having enlisted in the regular army or the regular air force before that day;

b

any member of the Territorial Army who became such a member on or after 1st April 1967 by enlistment or re-engagement or by becoming an officer; and

c

any other person—

i

who has elected in pursuance of subsection (2) below to be a person to whom section 38 applies, and

ii

who has been notified in the prescribed manner that he has been accepted as such a person.

2

A member of—

a

the Army Reserve,

b

the Air Force Reserve, or

c

the Territorial Army,

who is not a person to whom section 38 applies may (subject to subsection (3) below) elect irrevocably in the prescribed manner to be such a person.

3

The Secretary of State may by regulations provide—

a

for securing that persons of such descriptions as may be prescribed who but for the regulations would be persons to whom section 38 applies shall not be such persons;

b

for relaxing, in such cases as may be prescribed, the liability imposed by section 38 on persons to whom that section applies.