- Statutory Instrument 1997 No. 307
The Reserve Forces (Call-out and Recall) (Exemptions Etc.) Regulations 1997
© Crown Copyright 1997
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STATUTORY INSTRUMENTS
1997 No. 307
| Made | 19th February 1997 | ||
| Laid before Parliament | 19th February 1997 | ||
| Coming into force | 1st April 1997 |
| 1. | Citation and commencement |
| 2. | General interpretation |
| 3. | Individual exemptions etc. from call-out |
| 4. | Individual exemptions etc. from recall |
| 5. | Grounds for applications |
| 6. | Matters to be taken into account by adjudication officers |
| 7. | Effect of determinations |
| 8. | Time limits for applications |
| 9. | Person to whom applications made |
| 10. | Procedure for applications and provision of information |
| 11. | Determination of applications and notification of determinations |
| 12. | Additional powers of adjudication officers |
| 13. | Effect of a person's ceasing to be an employer on a determination |
| 14. | Method of sending or delivering documents, etc. |
| 15. | Time |
| Schedule 1 - | Grounds for applications |
| Schedule 2 - | Factors to be taken into account in determining applications |
| Schedule 3 - | Person to whom applications made |
| Schedule 4 - | Information to be provided on making an application |
The Secretary of State, in exercise of the powers conferred on him by sections 78 and 79 of the Reserve Forces Act 1996[1] and after consultation by him in accordance with section 81(5) of that Act, hereby makes the following Regulations: -
Citation and commencement
1 . These Regulations may be cited as the Reserve Forces (Call-out and Recall) (Exemption Etc.) Regulations 1997 and shall come into force on 1st April 1997.
General interpretation
2 . - (1) In these Regulations -
-
"the 1996 Act" means the Reserve Forces Act 1996[2];
-
"adjudication officer" means a person appointed by or in accordance with the directions of the Secretary of State or the Defence Council to determine applications under these Regulations;
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"application" means an application under regulation 3 or 4 below;
-
"call-out notice" means a notice calling out a reservist for relevant service;
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"employer" means any person who is an employer of a reservist on the relevant date, including -
-
(a) a reservist who is self-employed;
(b) a partnership within the meaning of the Partnership Act 1890[3] of which the reservist is a partner;
(c) a company of which the reservist is a director other than a non-executive director;
(d) a Secretary of State or government department or any officer or body exercising on behalf of the Crown functions conferred by any statute, for whom a reservist works as a Crown servant;
(e) a person who is a former employer of the reservist within the meaning of the Reserve Forces (Safeguard of Employment) Act 1985[4];
(f) a person who has entered into a contract of employment with the reservist but for whom the reservist has not yet started working;
-
"recall notice" means a notice recalling a reservist for relevant service;
-
"relevant date" means, subject to paragraph (2) below -
-
(a) the date of service or deemed service of a notice under which a reservist is called out or recalled for relevant service;
(b) the date on which a reservist is deemed to have been called out under section 59(5) or recalled under 71(5) respectively of the 1996 Act; or
(c) where a deferral of a reservist's obligation to present himself for service in pursuance of a call-out or recall notice has been granted under these Regulations, the date on which that deferral ceases to have effect;
-
"relevant service" means permanent service -
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(a) under Part IV, V, VI or VII of the 1996 Act; or
(b) by a transitional member of a reserve force called out or recalled under the Reserve Forces Act 1980[5] or under any other call-out or recall obligations of an officer,
in respect of which an application is made;
-
"reservist" means a person called out or recalled for relevant service.
(2) Where a person is performing relevant service and the date on which he is entitled to be released or discharged has been postponed under section 45(6), 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) (as the case may be) of the 1996 Act, the "relevant date" means the day on which he would otherwise have been entitled to be released or discharged from that service.
Individual exemptions etc. from call-out
3 . - (1) Where a reservist has been served with a call-out notice other than a notice under Part V of the 1996 Act, but has not been accepted into service, the reservist or an employer may apply for any of the following -
-
(a) the deferral of the reservist's obligation to present himself for service in pursuance of that notice;
(b) the revocation of that notice;
(c) if the notice was served under Part IV of the 1996 Act, an exemption from liability to be called out under that Part or Part VI;
(d) if the original notice was served under Part VI or any other power to call out the reservist, an exemption from liability to be called out on the authority of -
-
(i) the call-out order or other power specified in that notice,
(ii) any other call-out order made under any provision of Part VI;
(e) if the original notice was served under Part VI and the reservist has entered into a special agreement, an exemption from liability to be called out under Part IV.
(2) Where a reservist has been served with a call-out notice under Part V but has not been accepted into service, the reservist may apply for -
-
(a) the deferral of his obligation to present himself for service in pursuance of that notice;
(b) the revocation of that notice;
(c) an exemption from liability to be called out under Part V.
(3) Where a reservist has been accepted into service in pursuance of a call-out notice other than a notice under Part V of the 1996 Act, a call-out order or any other power, the reservist or an employer may apply for any of the following -
-
(a) a determination that the reservist is entitled to be released from his current period of relevant service;
(b) if the reservist is serving under Part IV, an exemption from liability to be called out under that Part or Part VI;
(c) if he is serving under Part VI or any other power, an exemption from any liability to be called out on the authority of -
-
(i) the call-out order or other power under which he is currently serving,
(ii) any other call-out order made under Part VI;
(d) if a determination is given that he is entitled to be released from service under Part VI but he remains liable to be called out under Part IV, an exemption from that liability.
(4) Where a reservist has been accepted into service under Part V, he may apply for -
-
(a) a determination that he is entitled to be released from his current period of relevant service;
(b) an exemption from liability to be called out under Part V.
Individual exemptions etc. from recall
4
.
- (1) Where a reservist has been served with a recall notice but has not been accepted into service, the reservist or an employer may apply for any of the following -
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(a) the deferral of the reservist's obligation to present himself for service in pursuance of that notice;
(b) the revocation of that notice;
(c) an exemption from liability to be recalled on the authority of the recall power specified in the recall notice or any other recall power.
(2) Where a reservist has been accepted into service in pursuance of a recall notice, a recall order or any other power to recall him the reservist or an employer may apply for any of the following -
-
(a) a determination that the reservist is entitled to be released from service or discharged;
(b) an exemption from his liability to be recalled on the authority of the recall power specified in the original notice or any other recall power.
Grounds for applications
5
.
The adjudication officer may grant a deferral or exemption or an entitlement to revocation, release or discharge, as the case may be, under regulation 3 or 4 above on an application by -
-
(a) a reservist if the adjudication officer is satisfied that any of the grounds specified in paragraph 1 of Schedule 1 is made out;
(b) an employer if the adjudication officer is satisfied that any of the grounds specified in paragraph 2 of Schedule 1 is made out.
Matters to be taken into account by adjudication officers
6
.
In determining an application an adjudication officer shall take into account, in addition to the grounds for the application, the matters specified in Schedule 2.
Effect of determinations
7
.
- (1) A determination by an adjudication officer shall provide for the terms on which any deferral, revocation, determination of entitlement to release or discharge or any exemption shall be granted (including any limitations or conditions subject to which it shall be granted);
(2) A determination by an adjudication officer may provide for -
-
(a) a determination of entitlement to release or discharge or an exemption to take effect immediately or at such other time as may be specified in the determination or exemption;
(b) a deferral or exemption to lapse at such time, at the end of such period or on the occurrence of such event as may be specified in the deferral or exemption;
(c) a determination of entitlement to release or discharge which does not take effect immediately to lapse as mentioned in sub-paragraph (b) above;
(d) a person released from service under Part IV of the 1996 Act in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(3) as if he had not been in that service and released;
(e) a person released from service under Part VI of the 1996 Act in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(1)(d) as if he had not been in that service.
(3) A deferral or exemption, or any determination under paragraph (2)(c) above, shall not remain in force for more than 12 months from the day on which it takes effect.
(4) Where on an application an adjudication officer grants an exemption from the reservist's liability to present himself for service or a deferral of such liability, the person who made the application may by written notice to the adjudication officer consent to such exemption or deferral ceasing to have effect.
Notes:
[1] 1996 c.14. back
