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Reserve Forces Act 1996, Section 85 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Regulations under section 83[F2, 84 or 84A] (“the regulations”) may, in particular, make provision with respect to—
(a)the descriptions of persons who are entitled to claim payments F3...;
[F4(aa)in the case of regulations under section 83 or 84, the descriptions of the kinds of financial loss for which claims can be made;
(ab)in the case of regulations under section 84A, the descriptions of the kinds of training and other voluntary duties for which claims can be made;]
(b)the matters in respect of which, and any circumstances in which, persons are or are not entitled to any payment;
(c)the sums, or the method of determining the sums, to be paid;
(d)the procedure for making claims (including the time within which claims must be made and the information to be provided by persons making claims);
(e)in the case of regulations under section 83, the provision of information by persons in connection with claims made by their employees or former employees;
(f)in the case of regulations under section 84 [F5or 84A], the provision of information by persons in respect of whom claims are made;
(g)the determination of claims by any person or body identified by, or of a description specified in, the regulations;
(h)any incidental or supplementary matters.
(2)The regulations may make different provision for different cases (but need not require payments to be made in all cases or for all losses [F6, permanent service, training or other voluntary duties]).
(3)Before making any regulations under section 83[F7, 84 or 84A] the Secretary of State shall consult such persons or bodies as he considers to be appropriate, including—
(a)a body appearing to him to represent the interests of employers, a body appearing to him to represent the interests of employees and a body appearing to him to represent the interests of the self-employed; and
(b)the associations established under Part XI or a body appearing to him to represent those associations.
[F8(3A)A payment that has been made, or may be made, under regulations under section 84A is not to be taken into account when calculating a financial loss for the purposes of regulations under section 84.]
(4)The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)[F9Regulations under section 83 or 84] may also make provision for claims by or in respect of—
(a)persons recalled under the M1Reserve Forces Act 1980, or
(b)officers recalled otherwise than under this Act,
corresponding to the provision which may be made for claims by or in respect of persons recalled under Part VII.
Textual Amendments
F1Words in s. 85 heading substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 5 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F2Words in s. 85(1) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(a) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F3Words in s. 85(1)(a) omitted (5.9.2014) by virtue of Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(b) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F4S. 85(1)(aa)(ab) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(c) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F5Words in s. 85(1)(f) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(2)(d) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F6Words in s. 85(2) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(3) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F7Words in s. 85(3) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(4) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F8S. 85(3A) inserted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(5) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
F9Words in s. 85(5) substituted (5.9.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 7 para. 4(6) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 3
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