Part I The Reserve Forces

Maintenance and composition

1 Power to maintain the reserve forces

(1) Her Majesty may maintain each of the reserve forces in accordance with the provisions of this Act.

(2) In this Act“the reserve forces” means the following forces—

(a) the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marines Reserve (the reserve naval and marine forces;

(b) the Army Reserve and the Territorial Army (the reserve land forces); and

(c) the Air Force Reserve and the Royal Auxiliary Air Force (the reserve air forces).

2 Membership of the reserve forces

(1) The reserve forces shall each consist of officers and men.

(2) The men of the Royal Fleet Reserve, the Army Reserve and the Air Force Reserve (referred to in this Act as“the ex-regular reserve forces”) may only be—

(a) men transferred to that force under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or regulations under the [1966 c. 45.] Armed Forces Act 1966, as the case may be;

(b) men enlisted or re-engaged in that force.

(3) The men of the Royal Naval Reserve, the Royal Marines Reserve, the Territorial Army and the Royal Auxiliary Air Force (referred to in this Act as“the volunteer reserve forces”) may only be men enlisted or re-engaged in that force.

(4) In this Act, any reference (however expressed) to a man of any of the reserve forces is a reference to a person of either sex who is a member of that force and is of or below the rate or rank of warrant officer.

3 Control of numbers in the reserve forces

(1) Parliament shall authorise a maximum number of officers and a maximum number of men for each of the reserve forces; and, accordingly, the numbers of officers and men of a reserve force shall not exceed the numbers for the time being authorised for the force.

(2) The special members of a reserve force shall not be reckoned in the numbers of officers and men for the time being authorised for the force under this section.

Regulation and organisation

4 Orders and regulations concerning the reserve forces

(1) Her Majesty may, by order signified under the hand of the Secretary of State, make orders with respect to—

(a) the government and discipline of any reserve force; and

(b) all other matters and things relating to that force,

and including any matter authorised to be prescribed by any provision of this Act or expressed to be subject to orders or regulations under this section.

(2) Subject to the provisions of any order under subsection (1), the Defence Council may make regulations with respect to any matters relating to any reserve force, being matters with respect to which Her Majesty may make orders under that subsection.

(3) Orders or regulations under this section may make different provision for different cases (including different forces), and may include such supplementary, consequential, incidental and transitional provisions as appear to Her Majesty or the Defence Council (as the case may be) to be necessary or expedient.

(4) Regulations under this section may be amended or revoked by an order or further regulations under this section; and an order under this section may be amended or revoked by another order under this section.

(5) Any order or regulations under this section shall be laid before each House of Parliament after being made.

5 Organisation of the reserve forces

(1) Any of the reserve forces may, by or in accordance with orders or regulations under section 4, be formed into such groupings as may be specified in the order or regulations concerned.

(2) Such orders or regulations may, in particular, include provision with respect to—

(a) the formation of the reserve naval or marine forces into divisions, classes or other naval or marine bodies;

(b) the formation of the reserve land forces into corps, regiments, battalions or other military bodies;

(c) the formation of the reserve air forces into wings, squadrons or other air-force bodies; and

(d) the formation of any such bodies as are mentioned in paragraphs (a) to (c) into higher formations, either alone or jointly with any other part of Her Majesty’s armed forces.

6 Permanent staff of the reserve forces

(1) Each reserve force may be served by a permanent staff consisting of persons who are members of that force or members of the regular services.

(2) Orders or regulations under section 4 may make provision with respect to the duties of, and any other matter relating to, the permanent staff of any reserve force.

Pay and pensions

7 Pay, bounty and allowances of the reserve forces

(1) Orders or regulations under section 4 may make provision with respect to pay, bounty and allowances for members of the reserve forces.

(2) Such orders or regulations may, in particular—

(a) make provision as to the manner in which payments of pay, bounty and allowances are made; and

(b) impose conditions or restrictions (including deductions) on the making of such payments.

(3) In relation to prescribed members of the reserve naval and marine forces, section 1(1) and (2) of the [1947 c. 24.] Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 shall apply in relation to the restrictions which may be included in orders and regulations by virtue of this section as it applies in relation to the restrictions which may be included in an Order in Council regulating naval and marine pay.

8 Pensions

(1) Orders or regulations under section 4 may make provision for—

(a) the payment of pensions, allowances and gratuities by the Secretary of State to or in respect of any persons who are or have been members of the reserve forces;

(b) the making of payments towards the provision of pensions, allowances and gratuities to or in respect of any such persons.

(2) Orders or regulations under section 4 may also make provision for the payment of, or the making of payments towards the provision of, pensions, allowances and gratuities in respect of the death or disability of a person attributable to his service as a member of a reserve force.

(3) The provision made under this section may include provision for or towards the payment of lump sums instead of, or as well as, pensions.

Part II Enlistment and conditions of service

Enlistment and re-engagement

9 Enlistment of men in the reserve forces

(1) An enlisting officer may enlist as men in any reserve force such persons as he considers suitable.

(2) In this Part“enlisting officer” means—

(a) a lord-lieutenant or deputy lieutenant holding office under Part VI of the [1980 c. 9.] Reserve Forces Act 1980;

(b) an officer of the regular services or of any reserve force;

(c) any consul-general, consul or vice consul or any other person duly exercising the functions of a British consul in any place outside the United Kingdom.

(3) A recruit may not be enlisted in any country or territory outside the United Kingdom which is specified for the purposes of this subsection by Her Majesty by Order in Council.

(4) Schedule 1 (enlistment of men in the reserve forces) shall have effect.

(5) In this Act any reference to men enlisted in a reserve force, so far as relating to any of the reserve naval and marine forces, is a reference to men entered for service in that force.

10 Enlistment of foreign nationals and residents

(1) Orders or regulations under section 4 may provide for the enlistment in any reserve force of persons who are not British citizens or who reside outside the United Kingdom.

(2) A person who is not a British citizen or who resides outside the United Kingdom may not be enlisted in a reserve force unless his enlistment is permitted by provision made for the purposes of subsection (1).

11 Re-engagement for service

(1) A man of a reserve force may be re-engaged for such period, beginning immediately after the end of his current term of service, as may be prescribed.

(2) A man wishing to re-engage—

(a) shall do so before being discharged, but not more than 12 months before the end of his current term of service; and

(b) on that re-engagement shall make such declaration as may be prescribed before an enlisting officer.

(3) A man who has re-engaged under this section may re-engage on a second or subsequent occasion.

12 Service in the reserve land and air forces on enlistment

(1) Orders and regulations under section 4 may make provision as to the corps, units or bodies into which persons enlisting in a reserve land or air force may be enlisted.

(2) Subject to any restriction of choice imposed by or in accordance with orders or regulations under section 4—

(a) a man of the Territorial Army shall be enlisted for service in such corps and posted to such unit as he may select;

(b) a man of the Royal Auxiliary Air Force shall be enlisted for service in such unit as he may select; and

(c) a man enlisted in the Army Reserve or the Air Force Reserve shall be enlisted for service in such military body or air-force body (as the case may be) as he may select.

(3) A man of the Territorial Army may not (after his enlistment) be transferred to another corps, or posted or attached to any unit, without his consent.

(4) A man of the Royal Auxiliary Air Force may not (after his enlistment) be posted or attached to any unit without his consent.

(5) A man of the Army Reserve or Air Force Reserve may not (after his enlistment in or transfer to that force) be appointed, posted, transferred or attached to any military body or air-force body without his consent.

(6) Subsections (3), (4) and (5) do not apply to a man of a reserve force while he is in permanent service.

13 Transfer of men between reserve forces

(1) A man serving in an ex-regular reserve force on transfer from the regular services may, with the consent of an authorised officer, enlist in another reserve force.

(2) A man enlisted in a reserve force (including a man enlisted by virtue of subsection (1)) may, with the consent of an authorised officer, enlist in another reserve force.

(3) On enlisting in a reserve force by virtue of this section the man concerned shall cease to be a member of the reserve force in which he was previously serving.

(4) A man originally serving in an ex-regular reserve force on transfer from the regular services who—

(a) ceases to be a member of a reserve force in which he enlisted by virtue of this section without enlisting or re-enlisting in another reserve force; and

(b) does so before the date on which his term of compulsory service in the ex-regular reserve force to which he was transferred would have expired if he had not ceased to be a member of it on enlisting in another reserve force,

shall, unless an authorised officer otherwise directs, again be a man of the ex-regular reserve force to which he was transferred from the regular services.

(5) A direction by an authorised officer under subsection (4) may be given in respect of—

(a) one or more named individuals; or

(b) persons of any description specified in the direction.

(6) In this section“authorised officer” means an officer authorised by or in accordance with directions of the Defence Council to exercise the powers conferred by this section.

(7) In this Act“term of compulsory service” means the term for which a person is required to serve in an ex-regular reserve force in pursuance of a requirement imposed by or under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1966 c. 45.] Armed Forces Act 1966.

Discharge

14 General powers to discharge men of the reserve forces

(1) The Defence Council may at any time discharge any man of any of the reserve forces.

(2) The power conferred by this section may also be exercised by any officer authorised by or in accordance with directions of the Defence Council to exercise that power.

(3) A man discharged by an authorised officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.

15 Discharge by commanding officer

(1) A commanding officer may discharge any man of a reserve force under his command, in such manner and on such grounds as may be prescribed.

(2) A man discharged by his commanding officer may appeal to the Defence Council, who may give such directions in his case (including a direction annulling the discharge) as they consider appropriate.

16 Entitlement to discharge

(1) Any man of a reserve force shall (subject to the provisions of this Act) be entitled to be discharged on the expiry of his current term of service.

(2) Any enlisted man of a reserve force shall (subject to the provisions of this Act) be entitled to be discharged—

(a) before the end of his current term of service, on complying with the conditions mentioned in subsection (4); and

(b) in such other circumstances as may be prescribed.

(3) Subsection (2) shall also apply to any man of a reserve force who re-engages in the force; but in the case of a man who—

(a) is serving on transfer to the reserve from the regular services, and

(b) re-engages before the end of his term of compulsory service,

paragraph (a) of that subsection shall not apply until after the end of his term of compulsory service.

(4) The conditions for entitlement to discharge under subsection (2)(a) are that the man concerned—

(a) gives to his commanding officer 3 months' notice in writing, or such less notice as may be prescribed, of his desire to be discharged; and

(b) delivers up in good order, fair wear and tear excepted, all arms, clothing and other public property issued to him, or, in cases where for any good or sufficient cause the delivery of that property is impossible, paying its value,

but his commanding officer may, if it appears that the reasons for which the discharge is claimed are of sufficient urgency or weight, dispense either wholly or in part with either or both of the above conditions.

(5) A man of a reserve force who becomes entitled to be discharged shall be discharged in such manner as may be prescribed with all convenient speed (and shall continue as a man of that force until actually discharged).

17 Postponement of discharge

(1) Where, at the time he would (apart from this section) become entitled to be discharged under section 16, a man is in permanent service or full-time service under a full-time service commitment, he shall not be entitled to be discharged until he is released from that service.

(2) Where, at the time when a man not in permanent service or full-time service under a full-time service commitment would (apart from this section) become entitled to be discharged under section 16(1), an order under section 52 is in force authorising the call out of members of any reserve force, he may be required to prolong his service for such further term, not exceeding 12 months, as the Defence Council or an authorised officer may order.

(3) In subsection (2)“authorised officer” means an officer authorised by or in accordance with directions of the Defence Council to exercise the power conferred by that subsection.

(4) Where, at the time when a man not in permanent service or full-time service under a full-time service commitment would (apart from this section) become entitled to be discharged under section 16(2), an order under section 52 or 54 is in force authorising the call out of members of any reserve force, he shall not be entitled to be so discharged while that call-out order is in force.

18 Rights of men on being discharged

(1) Where a man who is to be discharged from a reserve force is in permanent service and serving outside the United Kingdom—

(a) if he requires to be released from that service and discharged in the United Kingdom, he shall be sent there free of charge with all convenient speed and shall be released from service and discharged on his arrival there; but

(b) if at his request he is released from that service and discharged at the place where he is serving he shall have no claim to be sent to the United Kingdom or elsewhere.

(2) If such a man is released from permanent service and discharged in the United Kingdom, he shall be entitled to be conveyed free of charge from the place where he is discharged to the place stated on his attestation paper to be the place where he was attested or to any place in the United Kingdom at which he intends to reside.

Supplementary

19 Orders and regulations as to enlistment etc

(1) Orders or regulations under section 4 may make provision with respect to the enlistment and re-engagement of men in, and the discharge of men from, the reserve forces.

(2) Such orders or regulations may, in particular, include provision—

(a) specifying the duration of any term for which a person may enlist, whether by reference to a number of years or another criterion or a number of years and another criterion;

(b) enabling a man enlisted for a term of service of a description specified in the order or regulations concerned to be treated as if he had enlisted for a term of service of a different description;

(c) enabling a man to extend or reduce the term of his service; and

(d) enabling service in the reserve forces, or service otherwise than for the purposes of training, to be restricted to service in the United Kingdom or in any area of the United Kingdom.

(3) No order or regulations under section 4 may make provision such as is mentioned in subsection (1) which has the effect, in relation to any person who was a man of a reserve force immediately before the coming into force of the order or regulations concerned—

(a) of imposing a new or greater obligation on him without his consent, or

(b) of varying or revoking, without his consent, a right to which he is entitled, not being a right exercisable only with the consent of another person or an authority.

(4) The term for which, or any limited area within which, a man of a reserve force is liable to serve may not, without his consent, be affected or extended by or in accordance with orders or regulations under section 4.

20 Command, posting etc. of men in permanent service

(1) Men of a reserve force who are in permanent service shall be placed under the command of such officers as the Defence Council or an authorised officer may direct and may be attached to any body or unit of Her Majesty’s armed forces.

(2) Men of the reserve forces in permanent service may, without their consent—

(a) in the case of the reserve naval and marine forces, be drafted or posted, appointed or transferred to any naval or marine body or unit;

(b) in the case of the reserve land forces, be posted, appointed or transferred to any military body or unit (including, in the case of a man of the Territorial Army, transfer to any corps);

(c) in the case of the reserve air forces, be posted, appointed or transferred to any air-force unit or body,

by order of the Defence Council or an authorised officer.

(3) A man of a reserve force who has been the subject of an order under subsection (2) is entitled, if he continues as a member of that force on being released from permanent service, to be returned with all convenient speed to the corps, unit or body in which he was serving immediately before he was accepted into permanent service.

(4) In this section“authorised officer” means an officer authorised for the purposes of this section by or in accordance with directions of the Defence Council.

21 Service of marines in the Royal Fleet Reserve

Men of the Royal Fleet Reserve who were transferred to that force from the Royal Marines or are enlisted in that force as marines shall—

(a) when in permanent service; or

(b) when undergoing training or performing other duties,

be liable to serve as marine warrant officers, non-commissioned officers and men and not as warrant officers, petty officers and ratings of the Royal Navy.

Part III Training and other duties

Obligatory training

22 Training obligations of members of the reserve forces

(1) A member of a reserve force may, in accordance with orders or regulations under section 4, be required by virtue of this section, in any year, to train in the United Kingdom or elsewhere for—

(a) one or more periods not exceeding 16 days in aggregate; and

(b) such other periods as may be prescribed, none of which shall exceed 36 hours without the consent of the person concerned;

and such a person may, while undergoing a period of training under this section, be attached to and trained with any body of Her Majesty’s forces.

(2) Such orders or regulations may, in particular, prescribe different periods under subsection (1)(b) for different forces or parts of a force.

(3) This section has effect subject to section 23.

23 Power to exempt persons from or relax training obligations

(1) Orders or regulations under section 4 may provide for securing that persons of such descriptions as may be prescribed shall be exempted from liability to be required to undergo training under section 22.

(2) Such orders or regulations may also provide for relaxing, in such cases as may be prescribed, the liability to be required to undergo training under section 22.

(3) Officers authorised for the purposes of this subsection by or in accordance with directions of the Defence Council may, in accordance with such orders or regulations—

(a) exempt any unit or other group of members of a reserve force from liability to be required to undergo training under section 22; or

(b) relax that liability in the case of the unit or group.

(4) A commanding officer may, in accordance with orders or regulations under section 4—

(a) exempt any member of a reserve force who is under his command from liability to be required to undergo training under section 22; or

(b) relax that liability in the case of such a person.

Commitments to perform additional duties

24 Commitments to a period of full-time service

(1) A member of a reserve force may enter into a commitment in writing under this section (a full-time service commitment) to undertake a period of full-time service of such duration as may be specified in the commitment.

(2) A person who has entered into such a commitment—

(a) shall be in full-time service from the time specified in the commitment as the beginning of the period of full-time service to be undertaken by him until the time at which he is released from that service;

(b) shall be subject to service law while in full-time service;

(c) shall perform such duties while he is in full-time service as he may, in accordance with the terms of the commitment and any orders or regulations under section 4, be required to perform.

(3) A full-time service commitment—

(a) shall specify the duties to be performed by the person concerned (in general or specific terms) and the period for which he has undertaken to be in full-time service;

(b) may, to the extent permitted by orders or regulations under section 4, limit the area within which he may be required to perform duties; and

(c) may contain such other terms relating to the duties to be performed by that person as are included in accordance with orders or regulations under section 4.

(4) A person who is in full-time service may be required—

(a) to serve with any of the regular services for the purposes of performing duties in accordance with the commitment concerned; and

(b) subject to any limitation in the commitment, to perform such duties anywhere in the world.

(5) A full-time service commitment—

(a) may, with the consent of the member concerned, be varied in accordance with orders or regulations under section 4;

(b) may be revoked before the beginning of the specified period of full-time service by an authorised officer (whether at the request of the member concerned or otherwise) giving written notice to that effect to the member concerned; and

(c) shall terminate on the release of the member concerned from full-time service under the commitment.

(6) A person in full-time service shall, if not released from service sooner, be entitled to be released from service with all convenient speed in the prescribed manner at the end of the period of service specified in the commitment.

(7) Where a person in full-time service is accepted into permanent service under Part IV, V or VI—

(a) his full-time service shall cease while he is in permanent service; but

(b) if, on his release from permanent service, the period of full-time service undertaken by him has not expired, he shall resume his full-time service for the remainder of that period.

(8) A person in full-time service shall not be liable to be required to undergo training under section 22.

(9) The duties which a person in full-time service may be required to perform may include undertaking training.

(10) In this section—

• “authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of this section;

• “full-time service” means service under a full-time service commitment.

25 Additional duties commitments

(1) A member of a reserve force may enter into a commitment in writing under this section (an additional duties commitment) to perform such duties, for such period or periods, as may be specified in the commitment.

(2) A person who has entered into an additional duties commitment, in relation to each period of duty contemplated by the commitment—

(a) shall be subject to service law from any time specified in the commitment as the time at which he is to begin that period of duty until released from duty;

(b) while subject to service law, shall perform such duties as he may, in accordance with the terms of the commitment and any orders or regulations under section 4, be required to perform;

(c) shall, if not released from duty sooner, be entitled to be released from duty with all convenient speed in the prescribed manner at the end of that period.

(3) An additional duties commitment—

(a) shall specify—

(i) the duties to be performed by the person concerned (in general or specific terms);

(ii) the period or periods for which he is to perform duties;

(iii) the time and place at which he is to begin performing duties or, if there is to be more than one period of duty, the times and places at which he is to begin performing duties on each such occasion;

(b) may include terms requiring that person—

(i) to perform any duties outside the United Kingdom; or

(ii) to serve with any of the regular services for the purposes of performing any duties; and

(c) may contain such other terms relating to the duties to be performed by that person as are included in accordance with orders or regulations under section 4.

(4) An additional duties commitment—

(a) may, with the consent of the member concerned, be varied in accordance with orders or regulations under section 4;

(b) may be revoked at any time by an authorised officer (whether at the request of the member concerned or otherwise) giving written notice to that effect to the member concerned; and

(c) shall terminate (if not revoked sooner) on the release of the member concerned from the last period of duty contemplated by the commitment.

(5) A person’s duties under an additional duties commitment are in addition to any other obligations of his as a member of a reserve force.

(6) The duties specified in an additional duties commitment may include undertaking training.

(7) In this section“authorised officer” means an officer authorised by or in accordance with directions of the Defence Council for the purposes of this section.

26 Parliamentary control of commitments

(1) Parliament may authorise for each of the reserve forces a maximum number of officers and a maximum number of men who may at any time be—

(a) in full-time service under full-time service commitments; or

(b) subject to additional duties commitments which are in force.

(2) Accordingly, the numbers of officers and men of a reserve force who are in full-time service, or subject to additional duties commitments which are in force, shall not exceed any numbers for the time being authorised by Parliament for that force.

(3) Any members of a reserve force who are in full-time service or who are subject to additional duties commitments shall not be reckoned in any numbers for the time being authorised by Parliament for any of the regular services.

Voluntary activities

27 Voluntary training and other duties

(1) Nothing in this Part prevents a member of a reserve force—

(a) undertaking any voluntary training in the United Kingdom or elsewhere that is made available to him as a member of that force;

(b) undertaking any voluntary training or performing other voluntary duties in the United Kingdom or elsewhere, being training or duties undertaken or performed at his own request or following a request made to him by or on behalf of his commanding officer.

(2) Orders or regulations under section 4 may make provision as to the provision and use of training facilities for members of reserve forces and otherwise in connection with the undertaking of training or other duties as mentioned in subsection (1) of this section.

(3) A member of a reserve force shall be subject to service law while performing voluntary duties or training as mentioned in subsection (1).

Part IV Special agreements for call out

Special agreements

28 Special agreements

(1) A member of a reserve force who has entered into a special agreement is liable, while the agreement is in force—

(a) to be called out for permanent service anywhere in the world; and

(b) to fulfil any training obligations specified in the agreement.

(2) A person in qualifying employment shall, before entering into a special agreement, obtain the consent of his employer in such form as may be prescribed.

(3) A special agreement—

(a) shall specify a period not exceeding 9 months as the maximum period for which the person concerned may be required to serve on being accepted into service under this Part; and

(b) may specify other terms relating to the obligations undertaken by the person entering into it.

(4)