The Armed Forces (Discharge and Transfer to the Reserve Forces) (Amendment) Regulations 2025

Statutory Instruments

2025 No. 218

DEFENCE

The Armed Forces (Discharge and Transfer to the Reserve Forces) (Amendment) Regulations 2025

Made

25th February 2025

Laid before Parliament

3rd March 2025

Coming into force

24th March 2025

The Defence Council makes these Regulations in exercise of the powers conferred by section 331 of the Armed Forces Act 2006(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Armed Forces (Discharge and Transfer to the Reserve Forces) (Amendment) Regulations 2025.

(2) These Regulations come into force on 24th March 2025.

(3) These Regulations extend to England and Wales, Scotland, Northern Ireland, the Isle of Man, and the British overseas territories except Gibraltar.

Amendment of the Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009

2.  The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009(2) are amended in accordance with regulations 3 to 5.

Amendment to regulation 2 (interpretation)

3.  In regulation 2(2)(b), for “Director of Manning (Army)” substitute “Head of Personnel Policy (Army)”.

Amendment to regulation 6 (certificate of discharge)

4.  In regulation 6(1)—

(a) in sub-paragraph (b) omit “and place”;

(b) omit sub-paragraph (c).

Substitution of gender-neutral language

5.—(1) In regulations 2(2), 3, 4, 5(1), 7, 8, 9, 10, 11, 12, 18, 20(5) and 21(1), in each place it occurs, for “him” substitute “them”.

(2) In regulation 4, in both places those words occur, for “he consents” substitute “they consent”.

(3) In regulations 4, 5, 6(1), 7, 8, 13(3), 14, 18, 19 and 20(3), in each place it occurs, for “his” substitute “their”.

(4) In regulations 4, 5(1), 18 and 21(1), in each place it occurs, for “he shall” substitute “they shall”.

(5) In regulations 4, 6(1) and 8(8), in each place it occurs, for “he is” substitute “they are”.

(6) In regulation 5(1), for “he intends” substitute “they intend”.

(7) In regulations 7(4) and 20(3), for “he wishes” substitute “they wish”.

(8) In regulation 8—

(a) in paragraph (1), in both places those words occur, for “he would” substitute “they would”;

(b) in paragraph (6)—

(i) for “he could” substitute “they could”;

(ii) in both places those words occur, for “he had” substitute “they had”;

(c) in paragraph (7)—

(i) for “he makes” substitute “they make”;

(ii) for “he may” substitute “they may”.

(9) In regulation 18(5), for “he has” substitute “they have”.

(10) In regulation 20—

(a) in paragraph (2), for “he belongs” substitute “they belong”;

(b) in each place it occurs, for “he was” substitute “they were”.

(11) In regulation 21(1), for “he be” substitute “they be”.

On Behalf of the Defence Council

Alistair Carns

Roland Walker

Members of the Defence Council

Ministry of Defence

25th February 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Armed Forces Act 2006 (c. 52) and amend the Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009 (“the 2009 Regulations”) (S.I. 2009/1091).

The Regulations remove the requirement that a certificate of discharge must contain the place of enlistment and a signed assessment by an officer as to the discharged person’s conduct and character. The Regulations further update the title of Head of Personnel Policy (Army) and ensure gender-neutral language is used throughout the 2009 Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2006 c. 52. The Defence Council is treated as if it were a Minister of the Crown for the purposes of the Statutory Instruments Act 1946 (c. 36) by virtue of section 373(2) of the Armed Forces Act 2006.

(2)

S.I. 2009/1091.