Part 19

Supplementary
Chapter 1

Application of Act

Persons subject to service law

References to members of the regular forces
368
1
Subsections (2) and (3) apply for the purposes of this Act.
2
A person recalled to service under—
a
any provision of the Reserve Forces Act 1980 or the Reserve Forces Act 1996, or
b
any other recall obligation of an officer,
is to be regarded as being a member of the regular forces from acceptance into service to release or discharge.
3
Subject to subsection (2), an officer who is not on the active list is not to be regarded as being a member of the regular forces.
4
For the purposes of subsection (3), an officer is on the active list if (and only if) any of the following provides that an officer of his description is on such a list—
a
Queen's Regulations;
b
Royal Warrant;
c
an order under section 2 of the Air Force (Constitution) Act 1917 (c. 51).
S. 368(2)(3) applied (30.6.2021) by Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23), ss. 7(5), 14(2); S.I. 2021/678, reg. 2