| Statutory Instrument 1997 No. 307 The Reserve Forces (Call-out and Recall) (Exemptions Etc.) Regulations 1997 - continued |
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Time limits for applications 8 . - (1) An application may not be made -
(b) more than 7 days after the relevant date, except with the leave of the adjudication officer.
(2) Leave to make an application after the time specified in paragraph (1)(b) above shall only be granted where -
(b) in the case of an application by an employer, the fact of -
(ii) acceptance into service under section 59(5) or 71(5) respectively of the 1996 Act, or (iii) postponement under section 45(6), 53(3), (7) or (11), 55(3), (7) or (11), 57(3) or (7), 61 or 69(3) or (6) of the 1996 Act of the reservist's entitlement to be released or discharged,
did not come to the employer's attention until after that time,
and the application was made promptly after the applicant had become aware of those grounds or that fact.
(b) within 7 days of making an application provide such information as is required by paragraph 1(2) of Schedule 4 to support the grounds on which he is making his application.
(4) An employer shall on making an application provide the information specified in paragraph 2 of Schedule 4.
(b) any event,
which could materially affect the application, no later than 7 days after the inaccuracy, change or event came to that person's attention.
(b) that the person who made the application may, if he is dissatisfied with the determination, appeal against it to a reserve forces appeal tribunal, and giving the address to which such an appeal should be sent.
Additional powers of adjudication officers
(b) reject an application if the person making it fails without reasonable excuse to provide information which he is required to provide under regulation 10 above; (c) treat a claim for financial assistance under regulations made pursuant to sections 83 and 84 of the 1996 Act as an application under these Regulations; (d) review his determination at any time until the beginning of the hearing by a reserve forces appeal tribunal of an appeal against that determination.
Effect of a person's ceasing to be an employer on a determination
(b) release or discharge of a reservist from relevant service.
(2) Where the person who made the application ceases to be an employer in relation to that reservist -
(b) that person shall within 7 days of ceasing to be such an employer so inform the adjudication officer.
Method of sending or delivering documents, etc. 14 . - (1) Any document required by these Regulations to be sent or delivered to any person shall be duly sent or delivered if it is -
(b) sent to him at his proper address by facsimile machine or other means which produce a document containing a text of the communication, in which event the document shall be regarded as sent when it is received in a legible form; or (c) delivered to him or left at his proper address.
(2) The proper address of -
(b) an applicant shall be that provided in accordance with regulation 10 above and Schedule 4, or such other address as the applicant may subsequently notify the adjudication officer in writing as being his address for correspondence; (c) any other person to whom any document is required by these Regulations to be sent or delivered shall be his last known address.
Time 1. The grounds on which a reservist may make an application are -
(ii) alone has parental responsibility (within the meaning of the Children Act 1989[6] or the Children (Northern Ireland) Order 1995[7]) or sole parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995[8]) for a child, and adequate arrangements for the care of that child during the expected period of the reservist's relevant service cannot be made; (iii) is engaged in education or training which is intended to prepare or qualify him for a vocation or job and which would be seriously disrupted by his absence on relevant service; (iv) is working in a family-owned business which would suffer serious harm as a result of his absence; (v) has entered into a contract of employment but has not yet started work under that contract and the other party does not agree to postpone until after the period of relevant service the date on which the reservist is to start work under that contract;
(b) any other ground which an adjudication officer ought, for compassionate reasons, to consider.
2. - (1) The grounds on which an employer may make an application are that the absence of the reservist for a period of relevant service would cause serious harm to the business or other undertaking in which the reservist is employed, or to a partner, proprietor or employee of that business or other undertaking.
(b) impairment of ability to produce goods or provide services; (c) harm to research into and development of new products, services or processes,
which could not be prevented by the granting of financial assistance pursuant to regulations under sections 83 and 84 of the 1996 Act. The factors to be taken into account by an adjudication officer on determining an application shall be -
(b) the purpose for which the call-out or recall power is exercised; (c) the number of reservists required; (d) the number and availability of reservists with a particular skill or training possessed by the reservist in question; (e) the need to maintain unit cohesion; (f) any alteration of authority for call-out or recall; (g) any other factor related to the effectiveness of the armed forces for the operation for which the reservist has been called out or recalled.
1. Any application by a reservist who has not been accepted into service or an employer shall be made to -
(b) any adjudication officer at the place at which the reservist has presented himself for acceptance into service; or (c) the adjudication officer appointed for the service or reserve force in which the reservist is performing or will be performing relevant service, at his address specified below -
2. An application by a reservist who has been accepted into service shall be made to the officer commanding the unit in which the reservist is serving at the time when he makes his application. 1. - (1) A reservist shall in all cases provide details of -
surname; forenames; date of birth; place of birth; service number; rank or rate; service; unit; address for correspondence; telephone and fax number (if any); (b) the grounds for his application.
(2) A reservist shall, in accordance with the relevant grounds for the application specified in paragraph 1(a) of Schedule 1, also provide the following information -
the name and address of a social services officer, doctor or other party of similar standing able to verify details of the application; (ii) the full name and date of birth of each dependant child; the name and address of a school teacher, doctor or other party of similar standing able to verify details of the application; (iii) each examination for which the reservist is studying; the date of each examination; the date on which the reservist started the course of study; the name and address of the school, college or other body with which the reservist is studying or, where the reservist is undertaking private study, of any other person or body able to verify particulars of the application; (iv) the nature of the family-owned business; the name of the business and the address of the business and its registered office, if different; the reservist's position in the business; the length of time for which the reservist has held that position in the business; the date on which the business started up if within last 12 months; the number of family members engaged in the conduct of, or working for, the business -
(b) part time;
the number of employees -
(b) part time;
the name and address of an accountant, bank, building society or other person or body of similar standing able to verify the grounds of the application.
2. An employer making an application shall provide so much of the following information as is in his possession custody or power -
service; surname; forenames; service number; rank or rate; unit; date of birth; place of birth; (b) employment details of the reservist, namely - his employer's: name and the name of his business; address for correspondence; telephone number; fax number; the nature of the business; the reservist's: occupation; job title (if any); staff number or identifier; (c) the grounds for making the application, including any special qualifications (academic, professional or experiential) of the reservist for the present task in the employer's business; (d) a statement of how the business has been harmed or will be harmed as a direct consequence of the reservist's absence; (e) confirmation that staff similar to the reservist in qualifications, training, experience or the like are not available to cover the reservist's absence and have not, except for misconduct or inefficiency, been -
(ii) allowed early retirement,
since the employer became aware that the reservist has been or is to be called out or recalled for relevant service; (This note is not part of the Regulations) These Regulations entitle persons who have been called out or recalled for service in the armed forces, or their employers, to apply for deferral of or exemption from that liability or, in the case of persons already serving, release or discharge from service. Reservists and employers may apply for deferral, exemption, release or discharge under regulation 3 in relation to call-out or under regulation 4 in relation to recall. Applications are to be determined by an adjudication officer appointed by or in accordance with the directions of the Secretary of State or the Defence Council. Regulation 5 with Schedule 1 specifies the grounds on which an application may be made. Regulation 6 and Schedule 2 specify the matters which an adjudication officer must take into account on considering an application. The range of determinations which an adjudication officer may make is set out in regulation 7. Regulation 8 sets out the time limits for making applications. Adjudication officers have power to allow late applications, however, in appropriate circumstances. Regulation 9 with Schedule 3 specifies the name and address of the person to whom applications must be made and requires that person, if he is not an adjudication officer, to pass on applications immediately to an adjudication officer. Regulation 10 allows an application to be made by a representative of the applicant. It also provides for the manner in which applications are to be made and, with Schedule 3, the information to be provided on making an application. An adjudication officer may require further information from any person under this regulation, and there is a continuing obligation on a person who has provided information to an adjudication officer to notify him of any change to that information or event which would materially affect the claim. Regulation 11 specifies that adjudication officers must make their determinations promptly and provides for the time and manner in which they must notify applicants of such determinations. Adjudication officers have power under regulation 12 to reject applications, grant deferral, exemption release or discharge under these Regulations instead of financial assistance on a claim under regulations made in pursuance of sections 83 and 84 of the 1996 Act, or review their decision at any time up to the start of the hearing of an appeal to a reserve forces appeal tribunal against that determination. Regulation 13 provides for a determination in favour of an employer to cease to have effect if the reservist's employment with that employer terminates. Regulation 14 regulates the sending and delivery of documents while regulation 15 provides that the time for taking any steps under these Regulations shall not expire on Saturdays, Sundays or public holidays. A compliance cost assessment of the effect that this instrument would have on the costs of business is available from Directorate of Reserve Forces & Cadets Secretariat, Room 6/27, Metropole Building, London WC2N 5BL. Notes: [6] 1989 c.41. back [7] S.I. 1995/755 (N.I. 2). back
ISBN 0 11 063950 2
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