Reserve Forces Act 1996

66 Persons who may be recalled under Part VII. U.K.

(1) This section applies to any person not serving in the regular services or the reserve forces who—

(a) holds a commission as an officer; or

(b) has served as a man in the regular services and has not become an officer since being discharged or transferred to the reserve from the regular services,

unless he is excluded (whether permanently or temporarily) by any provision of this section.

(2) This section does not apply to any person falling within subsection (1)(b)—

(a) after he has attained the age of 55;

(b) in the case of a person who was discharged or transferred to the reserve from the regular army or the [F1 Royal Air Force], after the end of the period of 18 years beginning with the day on which he was so discharged or transferred; or

(c) in the case of a person who was discharged or transferred to the reserve from the Royal Navy or the Royal Marines, after the end of the period of 6 years beginning with the day on which he was so discharged or transferred.

(3) The re-enlistment of a person falling within subsection (1)(b) in the regular services shall prevent or, as the case may be, shall terminate any application of this section to him by reference to an earlier discharge or transfer to the reserve.

(4) References to discharge or transfer to the reserve in subsections (1) and (2)—

(a) do not include discharge from a period of permanent service under a recall order; and

(b) in relation to a man who has been discharged or transferred to the reserve more than once, refer to his most recent discharge or transfer.

(5) This section does not apply to any person who is permanently exempted, or to any person while he is temporarily exempted, from all liability to be recalled under this Part—

(a) by regulations made by virtue of section 73; or

(b) by an exemption granted on an application made under regulations under section 79.

(6) Subject to any election made under subsection (7), this section does not apply to any person who—

(a) became an officer before the day on which this Part comes into force, or

(b) enlisted in the regular services before that day and has not re-enlisted, re-engaged or extended his service in the regular services, or become an officer, on or after that day.

(7) A person falling within paragraph (a) or (b) of subsection (6) may, with the consent of an authorised officer, irrevocably elect in such manner as may be prescribed not to be excluded from the operation of this section by virtue of that subsection.

(8) An election under subsection (7) may be made by a person who is serving in the regular forces or the reserve forces as well as a person who is not so serving; and any election is without prejudice to the subsequent operation of subsections (1) to (5) in relation to the person concerned.

Textual Amendments

F1 Words in s. 66(2)(b) substituted (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. 37; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1 Pts. 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)