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Regulation 29
1. In this Schedule, “commencement” means the date on which these Regulations come into force.
2. The RN Regulations (other than regulation 3) shall apply, as amended by these Regulations, to the term of service of a person entered in the Royal Navy as a rating before commencement; but this is subject to regulation 10 of the RN Regulations and paragraphs 3 to 5 below.
3. In relation to a person transferred to the reserve before commencement in consequence of the exercise of a right conferred by regulation 4 of the RN Regulations, regulation 6 of those Regulations shall apply without the substitution made by these Regulations.
4.—(1) For the purposes of regulation 7 of the RN Regulations, a person who entered the Royal Navy before commencement and had not previously so entered shall be treated as if he had enlisted in the Royal Navy and had not previously so enlisted; and, in relation to such a person, the reference in paragraph (2) of that regulation to the date he enlisted in the Royal Navy is to be read as a reference to the date he entered the Royal Navy.
(2) For the purposes of that regulation, a person who enlists in the Royal Navy, and had entered the Royal Navy before commencement, shall be treated as having previously enlisted in the Royal Navy.
(3) In calculating any period of time referred to in that regulation in relation to a person, no account shall be taken of any day before commencement during the whole or part of which the person was absent, whether on leave or for an unauthorised purpose.
5. For the purposes of regulation 8 of the RN Regulations, a person entered in the Royal Navy under regulation 3 of those Regulations before commencement shall be treated as having been enlisted in the Royal Navy for the term of service for which he was entered.
6. In relation to a person transferred to the reserve before commencement in consequence of the exercise of a right conferred by regulation 4 of the RM Regulations, regulation 6 of those Regulations shall apply without the substitution made by these Regulations.
7.—(1) For the purposes of regulation 7(1) of the RM Regulations, a person’s previous enlistment in the Royal Marines shall be treated as having been determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 if he was discharged by the competent authority, in accordance with regulations made under Part 1 of the Army Act 1955 (c. 18), as not finally approved for service.
(2) In relation to a person enlisted in the Royal Marines before commencement, regulation 7(3) of the RM Regulations shall apply as if the words “Subject to regulations made under section 331 of the Armed Forces Act 2006” were omitted; but, if a notice given by such a person under that regulation expires at a time when a call-out order under section 52 of the Reserve Forces Act 1996 (c. 14) is in force authorising the call out for permanent service of members of the reserve forces, he shall not be entitled to be discharged so long as the order is in force.
(3) In calculating any period of time referred to in regulation 7 of the RM Regulations in relation to a person, no account shall be taken of any day before commencement during the whole or part of which the person was absent, whether on leave or for an unauthorised purpose.
8. For the purposes of the definition of “recruit” in regulation 2(3) of the Army Regulations, a person’s previous enlistment in the regular army shall be treated as having been determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 if he was discharged by the competent military authority, in accordance with regulations made under Part 1 of the Army Act 1955, as not finally approved for service.
9. In relation to a person enlisted in the regular army before commencement, regulation 9(1) of the Army Regulations shall apply without the amendment made by these Regulations; but, if a notice given by such a person under that regulation expires at a time when a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve forces, he shall not be entitled to be discharged so long as the order is in force.
10. For the purposes of the definition of “recruit” in regulation 2(1) of the RAF Regulations, a person’s previous enlistment in the Royal Air Force shall be treated as having been determined to be invalid by an approving officer under regulations made under section 328 of the Armed Forces Act 2006 if he was discharged by the competent air force authority, in accordance with regulations made under Part 1 of the Air Force Act 1955 (c. 19), as not finally approved for service.
11. In relation to a person enlisted in the Royal Air Force before commencement, regulation 8(1) of the RAF Regulations shall apply without the amendment made by these Regulations; but, if a notice given by such a person under that regulation expires at a time when a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve forces, he shall not be entitled to be discharged so long as the order is in force.
(This note is not part of the Regulations)
These Regulations amend the Terms of Service Regulations for the Royal Navy, the Royal Marines, the regular army and the Royal Air Force. Some of the amendments are consequential on changes made by the Armed Forces Act 2006, such as the fact that in future persons will be “enlisted” in the Royal Navy rather than “entered”. Others remove provisions which are obsolete, or correct drafting errors. The remainder make substantive changes, and these are noted below.
Regulations 3(3)(b), 10(b), 16(b) and 23(2)(c) simplify the definition of the competent authority for each Service.
Regulations 5 and 12 amend the regulations for the Royal Navy and the Royal Marines so as to impose a maximum of 6 years on the period that a person must serve in the reserve after exercising his right to be transferred.
Regulations 6(6) and 13(6) amend the regulations for the Royal Navy and the Royal Marines so that, for the purpose of calculating the “window” during which a recruit is entitled to claim discharge as of right, a period of absence on leave is disregarded but a period of unauthorised absence is not. Regulation 25 amends the RAF regulations on the same point, so that a period of absence on leave is disregarded for the purpose of calculating the date on which the window closes as well as the date on which it opens.
Regulations 6, 13, 18 and 25 also amend the regulations for each Service so that, where a recruit has claimed discharge as of right, his discharge may be postponed in the same circumstances as those in which a person’s discharge (or transfer to the reserve) on any other ground may be postponed in accordance with regulations made under section 331 of the 2006 Act.
Regulations 8 and 14 amend the regulations for the Royal Navy and the Royal Marines so as to provide for a person serving in the reserve to re-enter the Royal Navy or the Royal Marines, on application to the competent authority.
Regulation 20 inserts a new provision into the regulations for the regular army, enabling a person to be transferred to a different corps without his consent.
The Schedule makes transitional provision.
The Armed Forces (Terms of Service) (Amendment) Regulations 2009