Reserve Forces Act 1996 (c. 14)

SCHEDULES

SCHEDULE 9 U.K. Application of Act to [F1 members of transitional classes]

Textual Amendments

F1 Words in Sch. 9 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 5 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

Part II U.K. Application of Act to members of the [F2 original transitional class]

Textual Amendments

F2 Words in Sch. 9 Pt. 2 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(5) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

6 U.K. The provisions of this Act (other than section 129 and this Schedule) apply in relation to members of the [F3 original transitional class] in accordance with this Part of this Schedule.

Textual Amendments

F3 Words in Sch. 9 para. 6 substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

7 (1) Any reference in this Act to a reserve force, to two or more of the reserve forces or to all the reserve forces shall, unless the context otherwise requires, be construed as a reference to the whole of the force, or of each force, concerned, including any transitional members. U.K.

(2) Any reference in this Act to members, officers or men of a reserve force includes, unless the context otherwise requires, a reference to members, officers or men who are transitional members.

(3) This paragraph has effect subject to the exceptions and modifications in the following provisions of this Part of this Schedule.

8 (1) In the application of section 17(1) to a transitional man, the reference to permanent service includes a reference to permanent service under the Reserve Forces Act 1980. U.K.

(2) Section 17(2), (3) and (4) do not apply to transitional men.

9 (1) In the application of sections 18, 20 and 21 to a transitional man, the reference to permanent service includes a reference to permanent service under the Reserve Forces Act 1980. U.K.

(2) In the application of section 21 to a transitional man of the Royal Fleet Reserve, the reference to training and other duties includes a reference to training or other duties in pursuance of any provision of the Reserve Forces Act 1980.

10 U.K. Section 22 does not apply to transitional members of a reserve land, air or marine force.

11 U.K. In the application of section 24 to a transitional member who has entered into a [F4 full-time service commitment] [F4 commitment under that section]—

(a) for the reference in subsection (7) to permanent service under Part VI there shall be substituted a reference to permanent service on call out under the M1 Reserve Forces Act 1980 or, as the case may be, under any other call-out obligations of an officer; and

(b) for the reference in subsection (8) to training under section 22 there shall (except in the case of a member of a reserve naval force) be substituted a reference to training required under the Reserve Forces Act 1980 or, as the case may be, under any other training obligations of an officer.

Textual Amendments

F4 Words in Sch. 9 para. 11 substituted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 6 (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

Marginal Citations

M1 1980 c. 9.

12 (1) Transitional members may (subject to the provisions of this Act) enter into a special agreement or an employee agreement; and Parts IV and V apply accordingly. U.K.

(2) Transitional members of a reserve force do not lose their status as transitional members by virtue of either becoming special members of the force or (where they continue as ordinary members under section 42) ceasing to be special members of the force.

[F5 12A U.K. In the application of section 28(3)(a) to a special agreement entered into by a transitional member, for the reference to a period not exceeding 12 months there shall be substituted a reference to a period not exceeding 9 months.]

Textual Amendments

F5 Sch. 9 para. 12A inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(6) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)

13 U.K. In the application of section 31(1) to a special agreement entered into by a transitional member, for the reference in paragraph (d) to permanent service under Part VI there shall be substituted a reference to permanent service under the Reserve Forces Act 1980 or, as the case may be, under any other call-out obligations of an officer.

14 U.K. In the application of section 34(5) to transitional members, the reference in paragraph (b) to section 57(11) shall be omitted.

15 U.K. In the application of section 40(5) to a transitional special member—

(a) for the reference to section 22 there shall (except in the case of a member of a reserve naval force) be substituted a reference to the corresponding provision of the Reserve Forces Act 1980 or, as the case may be, of any other training obligations of an officer;

(b) for the reference to Part VI there shall be substituted a reference to the corresponding provisions of the Reserve Forces Act 1980 or, as the case may be, of any other call-out obligations of an officer.

16 U.K. An order may be made under section 41(6) suspending the operation of section 41(1)(c) in relation to transitional special members, notwithstanding that Part VI does not apply to transitional members.

17 U.K. In the application of section 45(5) to transitional members, the reference in paragraph (b) to section 57(11) shall be omitted.

18 U.K. Part VI does not apply to transitional members.

19 U.K. Regulations under section 78, 83[F6 , 84 or 84A] may make provision, in relation to transitional members liable to be called out under—

(a) the Reserve Forces Act 1980, or

(b) any other call-out obligations of officers,

corresponding to the provision which may be made in regulations under that section in relation to members of the reserve forces liable to be called out under Part VI of this Act.

Textual Amendments

F6 Words in Sch. 9 para. 19 substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 9 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3

20 U.K. In the application of section 96(1) to a transitional member—

(a) the reference to any provision of this Act includes a reference to any provision of the M2 Reserve Forces Act 1980 or, as the case may be, of any other call-out obligations of an officer; and

(b) for the reference in paragraph (a) to section 58(3)(c) there shall be substituted a reference to the corresponding provision of that Act or those obligations.

Marginal Citations

M2 1980 c. 9

21 U.K. In the application of section 97(2) to a transitional member, for the reference to section 22 there shall (except in the case of a member of a reserve naval force) be substituted a reference to the corresponding provision of the Reserve Forces Act 1980 or, as the case may be, of any other training obligations of an officer.

F7 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 9 para. 22 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 58, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F8 23 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 9 para. 23 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 58, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

24 U.K. In the application of section 125 to a transitional member, the reference to permanent service includes a reference to permanent service under the Reserve Forces Act 1980 or, as the case may be, under any other call-out obligations of an officer.