Modifications etc. (not altering text)
C1Ss. 28-77 (Pts. IV-VII) modified (1.4.1997) by Army Act 1955 c. 18, s. 9(6A) (as inserted (1.4.1997) by 1996 c. 14, s. 126, SCh. 7 paras. 1(3), 3(3))(with s. 72(5), Sch. 7 para. 2); S.I. 1997/305, art. 2(1))
Ss. 28-77 (Pt. IV-VII) modified (1.4.1997) by Army Act 1955 c. 18, s. 210, Sch. 7 para. 4A(6)(as inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 3(3)(with s. 72(5), Sch. 7 para. 4); S.I. 1997/305, art. 2(1))
Ss. 28-77 (Pts. IV-VII) modified (1.4.1997) by Armed Forces Act 1966 c. 45, s. 4(6A) (as inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 7(3)(with s. 72(5), Sch. 7 para. 8); S.I. 1997/305, art. 2(1))
C2Pts. 4-7 modified (31.10.2009) by The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009 (S.I. 2009/1091), regs. 1, 8(8)(b)
(1)This section applies for the purpose of determining when members of a reserve force (“the force”) who are in service under a call-out order made under section 52 (“the order”) are, if not released sooner, entitled to be released from that service.
(2)A man is entitled to be released on the expiry of his current term as a member of the force.
(3)The Defence Council or any authorised officer may, before a man who is in service under the order becomes entitled to be released by virtue of this section, postpone his entitlement to be released by virtue of subsection (2).
(4)A man’s entitlement to be released by virtue of subsection (2) may be postponed under subsection (3) more than once, but may not be postponed beyond the end of the period of 12 months beginning with the day on which (disregarding any postponement) that entitlement arises.
(5)A postponement of a man’s entitlement to be released by virtue of subsection (2) shall not prevent him becoming entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10).
(6)Any member of the force is entitled to be released when his current service under the order, or his current service under the order and any relevant service in aggregate, exceeds 3 years.
(7)A person may enter into a written agreement consenting to the extension of his period of service under the order beyond—
(a)the day on which he is entitled to be released by virtue of subsection (6), or
(b)the day on which, by virtue of a subsisting agreement under this subsection, he is entitled to be released by virtue of subsection (10),
until the end of such period beginning with that day, not exceeding 12 months, as may be specified in the agreement.
(8)An agreement under subsection (7) may not be entered into at any time—
(a)when the person concerned is not in service under the order; [F1or]
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)more than 12 months before the day on which (disregarding the agreement) he is entitled to be released by virtue of subsection (6) or, as the case may be, subsection (10).
(9)An extension by an agreement under subsection (7) shall prevent the person concerned becoming entitled to be released on the day on which, apart from the agreement, he would be entitled to be released under subsection (6) or, as the case may be, subsection (10); but such an agreement shall not prevent a man becoming entitled to be released by virtue of subsection (2).
(10)A person who has entered into an agreement under subsection (7) is entitled to be released at the end of the period specified in the agreement as the period for which his permanent service is being extended.
(11)Her Majesty may by order signified under the hand of the Secretary of State provide that, in the case of such descriptions of person as may be specified in the order, subsection (6) shall apply as if for the words “3 years” there were substituted “ 5 years ”.
(12)The making of an order under subsection (11) shall be reported forthwith to each House of Parliament.
(13)In this section “relevant service”, in relation to a person in service under the order, means any permanent service under this Part, or Part IV, V or VII, in the 6 years immediately preceding the first day of his current service under the order.
Textual Amendments
F1Word in s. 53(8)(a) inserted (15.10.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 33(a); S.I. 2007/2913, art. 2
F2S. 53(8)(b) repealed (15.10.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 33(b), Sch. 17; S.I. 2007/2913, art. 2