Reserve Forces Act 1996 (c. 14)

(The document as of February, 2008)

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(b) the revocation of the original notice;

(c) an exemption from liability to be recalled on the authority of the recall order specified in the original notice or any other recall order.

(4) The regulations may provide, in relation to an application made after a person has been accepted into service, for the following to be available--

(a) a determination that he is entitled to be released from service or discharged;

(b) an exemption from liability to be recalled on the authority of the recall order under which he is currently serving or any other recall order.

(5) Regulations under this section may also make provision in relation to--

(a) persons liable to be recalled under the [1980 c. 9.] Reserve Forces Act 1980, or

(b) officers liable to be recalled otherwise than under this Act,

corresponding to the provision which may be made in relation to persons liable to be recalled under Part VII.

80 Effect of exemptions etc

(1) The regulations may provide for an application for deferral or revocation which is not determined before the person concerned is accepted into service to be treated as an application for a determination that he is entitled to be released or discharged.

(2) The regulations may provide--

(a) for the terms on which deferrals, revocations, determinations of entitlement to release or discharge and exemptions may be granted (including any limitations or conditions subject to which they may be granted);

(b) for determinations of entitlement to release or discharge and exemptions to take effect immediately or at such other time as may be specified in the determination or exemption;

(c) for deferrals or exemptions 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;

(d) for determinations of entitlement to release or discharge which do not take effect immediately to lapse as mentioned in paragraph (c);

(e) for persons released from service under Part IV in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(3) as if they had not been in that service and released;

(f) for persons released from service under Part VI in pursuance of a determination of entitlement to release to be treated for the purposes of section 31(1)(d) as if they had not been in that service;

(g) for waiver of deferrals, determinations of entitlement to release or discharge and exemptions.

(3) The regulations shall secure that deferrals or exemptions, or any determinations mentioned in subsection (2)(d), do not remain in force for more than 12 months from the day on which they take effect.

81 Regulations under section 78 or 79: supplementary

(1) The regulations may, without prejudice to the generality of sections 78 to 80, make provision with respect to--

(a) the persons by whom applications of any description may be made and the grounds on which applications may be made;

(b) the persons who are to be regarded as employers for any purpose of the regulations;

(c) the procedure for making applications (including the times when they may be made and any information to be provided by the applicant);

(d) the determination of applications by any person or body identified by, or of a description specified in, the regulations;

(e) any matters to be taken into account in determining applications;

(f) the provision of information, in connection with any matter relevant to the lapse of a deferral, determination of entitlement to release or discharge or an exemption, by the person on whose application it was granted; and

(g) any incidental or supplementary matters.

(2) The persons who may be regarded under the regulations as the employer of a person in permanent service may include a former employer of that person who is, by virtue of the [1985 c. 17.] Reserve Forces (Safeguard of Employment) Act 1985, under an obligation to reinstate him at the end of his current period of permanent service.

(3) The regulations may make different provision for different cases and may, in particular, make different provision for cases where the regulations enable an application to be made by or in respect of a person who is in permanent service on call-out or recall--

(a) if he is serving under Part IV or a call-out order, after the making of an order under section 61 which extends the time at which he would (apart from the order) become entitled to be released from permanent service;

(b) if he is serving under a call-out order--

(i) after the making of an order under section 53(11) or 55(11) which extends the time at which he would (apart from the order) become entitled to be released from permanent service;

(ii) after the postponement under section 53(3), 55(3) or 57(3) of his entitlement to be released;

(c) if he is serving under a recall order, after the making of an order under section 69(6) which extends the time at which he would (apart from the order) become entitled to be released or discharged;

(d) after he has agreed under any provision of this Act to extend (or further extend) his period of permanent service;

but the regulations need not enable applications to be made in every case where a person is served with a call-out or recall notice or is in permanent service.

(4) Any person making an application under the regulations who is aggrieved by the determination of his application may appeal to a reserve forces appeal tribunal.

(5) Before making any regulations, the Secretary of State shall consult such bodies or persons as he considers 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.

(6) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section and section 80"regulations" means any regulations made under section 78 or 79.

82 Offences in connection with regulations under section 78 or 79

(1) Any person who fails without reasonable excuse to provide information, in connection with the lapse of a deferral, entitlement to be released or discharged or an exemption, which he is required to provide under regulations under section 78 or 79 is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(2) Any person who--

(a) in connection with an application under regulations under section 78 or 79, or

(b) in connection with the lapse of a deferral, determination of entitlement to release or discharge or an exemption granted under those regulations,

knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Financial assistance in respect of call out or recall

83 Payments to individuals in respect of call out or recall

(1) The Secretary of State may by regulations provide for the making of payments by him to any persons in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to their being in permanent service under Part IV or Part V or under a call-out or recall order.

(2) The regulations may provide for payments to be made, in relation to any description of financial loss, towards the provision of pensions, allowances or gratuities to or in respect of a person making a claim.

(3) The regulations may, in relation to any payments to be made as mentioned in subsection (2)--

(a) provide for any such payments to be made to any person of a prescribed description;

(b) require such a person to accept such payments (notwithstanding anything which would otherwise prevent him from doing so) on such terms as may be determined by or under the regulations; and

(c) require persons of any such description to provide information in connection with claims for such payments or, where payments have been made to them, in connection with the use made of the money.

(4) A person making a claim under the regulations who is dissatisfied with the determination of his claim may appeal against the determination to a reserve forces appeal tribunal.

84 Payments to employers etc. in respect of call out or recall

(1) The Secretary of State may by regulations provide for the making of payments by him to employers (including employers who are self-employed) in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to any of their employees being in permanent service under Part IV or Part V or under a call-out or recall order.

(2) Regulations under this section may also provide for the making of payments by the Secretary of State to the partners of a person carrying on business in partnership in respect of any financial loss of a description prescribed by the regulations which is suffered by them and attributable to that person being in permanent service under Part IV or Part V or under a call-out or recall order.

(3) A person making a claim under regulations under this section who is dissatisfied with the determination of his claim may appeal against the determination to a reserve forces appeal tribunal.

85 Regulations under section 83 or 84: supplementary

(1) Regulations under section 83 or 84 ("the regulations") may, in particular, make provision with respect to--

(a) the descriptions of persons who are entitled to claim payments and of the kinds of financial loss 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;

(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, 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).

(3) Before making any regulations under section 83 or 84 the Secretary of State shall consult such persons or bodies as he considers to be appropriate, including--

(b) the associations established under Part XI or a body appearing to him to represent those associations.

(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) The regulations may also make provision for claims by or in respect of--

(a) persons recalled under the [1980 c. 9.] Reserve 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.

86 Power to suspend payments due to national danger or great emergency

(1) Where a call-out order under section 52 or a recall order under section 68 is in force, the Secretary of State may by order suspend the operation of any regulations under section 83 or 84.

(2) An order under subsection (1) may suspend the application of the regulations concerned in all cases or in such cases as may be specified in the order; and the effect of such an order is--

(a) to prevent any right to payments arising or (in relation to people who have already been called out or recalled) accruing further under the suspended regulations in respect of the period during which the order is in force; and

(b) to suspend for that period any obligation of the Secretary of State to make payments under the suspended regulations in respect of earlier periods.

(3) An order under subsection (1)--

(a) shall be made for such period not exceeding 12 months as may be specified in the order; and

(b) may (if it has not otherwise expired) be revoked by the Secretary of State by order.

(4) An order under subsection (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) An order revoking an order under subsection (1) shall be made by statutory instrument and shall be laid before each House of Parliament after being made.

87 Offences in connection with claims for payments

(1) Any person who, in connection with a claim by another person under regulations under section 83 or 84, fails without reasonable excuse to provide information which he is required to provide by the regulations is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(2) Any person who, in connection with a claim under regulations under section 83 or 84, knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence and liable, on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Part IX Reserve forces appeal tribunals

88 The reserve forces appeal tribunals

(1) Tribunals to be known as reserve forces appeal tribunals (referred to in this Part as "appeal tribunals") may be constituted for the purpose of exercising the jurisdiction mentioned in section 89.

(2) Such number of appeal tribunals shall be constituted, sitting at such times and such places, as the Secretary of State may from time to time determine.

(3) The Secretary of State may make available such officers and staff as he may consider necessary for carrying out the administrative work of appeal tribunals.

89 Jurisdiction and powers of appeal tribunals

(1) An appeal lies to an appeal tribunal by virtue of section 81(4) in respect of a determination of an application under regulations under section 78 or 79.

(2) An appeal lies to an appeal tribunal by virtue of sections 83(4) and 84(3) in respect of a determination of a claim under regulations under sections 83 and 84 respectively.

(3) An appeal to an appeal tribunal shall be by way of a rehearing of the application or claim.

(4) An appeal tribunal hearing an appeal may dismiss the appeal or may make any determination which the person or body hearing the original application or claim had the power to make.

(5) The person or body responsible for making determinations under the regulations under which the application or claim was made shall (so far as may be necessary) give effect under those regulations to the determination of the appeal tribunal.

90 Appointment of panel of chairmen

(1) There shall be a panel of chairmen of reserve forces appeal tribunals appointed by the Lord Chancellor and the Lord Advocate.

(2) No person may be appointed to the panel unless he is--

(a) a person who has a 10 year general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990);

(b) an advocate or solicitor in Scotland of at least 10 years' standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing.

(3) The appointment of a person to the panel shall be for such term as may be determined by the Lord Chancellor and the Lord Advocate.

(4) A member of the panel shall vacate his office on the day on which he attains the age of 70 years; but this subsection is subject to section 26(4) to (6) of the [1993 c. 8.] Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

(5) There shall be paid to members of the panel such fees, allowances and expenses (if any) as the Secretary of State may determine.

91 Appointment of panel of ordinary members

(1) There shall be a panel of ordinary members of reserve forces appeal tribunals appointed by the Lord Chancellor and the Lord Advocate.

(2) Before appointing a member of the panel, the Lord Chancellor shall consult such persons or bodies as he considers to be appropriate, including--

(b) the associations established under Part XI or a body appearing to him to represent those associations.

(3) The appointment of a person to the panel shall be for such term as may be determined by the Lord Chancellor and the Lord Advocate.

(4) A member of the panel shall vacate his office on the day on which he attains the age of 70 years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75 years).

(5) There shall be paid to members of the panel such fees, allowances and expenses (if any) as the Secretary of State may determine.

92 Membership of tribunals etc

(1) An appeal tribunal shall consist of a chairman and two other members selected by the Lord Chancellor from the appropriate panel appointed under section 90 or 91.

(2) Where a tribunal is hearing an appeal in respect of a determination of an application under regulations under section 78 or 79, the Lord Chancellor shall, if requested to do so by the tribunal, appoint a serving or retired officer of any regular service or reserve force to advise the tribunal on any relevant service matters.

(3) In the case of an appeal tribunal which is to sit in Scotland or Northern Ireland, the members shall be selected and any officer appointed by the Lord President of the Court of Session or the Lord Chief Justice of Northern Ireland, as the case may be.

93 General power to make rules

(1) The Secretary of State may make rules with respect to the practice and procedure to be followed on appeals to appeal tribunals.

(2) Rules under this section may, in particular, include provision--

(a) limiting the time within which appeals may be brought;

(b) specifying the parties to any proceedings;

(d) requiring persons to produce documents, to attend to give evidence, and to give evidence on oath;

(e) as to the payment of expenses and allowances to persons producing documents or attending to give evidence;

(f) enabling or requiring proceedings to be held in private;

(g) as to the person who may represent the parties; and

(h) as to the award and recovery of costs.

(3) No person shall be required by any rules under this section to give any evidence or produce any document or other material at a hearing held by an appeal tribunal which he could not be compelled to give or produce in civil proceedings in any court in that part of the United Kingdom in which the hearing takes place.

(4) Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

94 Offences in connection with appeals

(1) Any person who, in connection with an appeal to an appeal tribunal, knowingly or recklessly provides information which is false or misleading in a material particular is guilty of an offence.

(2) Any person who without reasonable excuse--

(a) fails to provide information in connection with an appeal to an appeal tribunal which he is required to provide by rules under section 93; or

(b) fails to attend an appeal tribunal when required to do so by rules under that section,

is guilty of an offence.

(3) Any person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Part X General Offences

Offences against good order and discipline

95 Offences against orders and regulations under section 4

(1) A member of a reserve force who--

(a) when required by or in pursuance of orders or regulations under section 4 to attend at any place, fails without reasonable excuse to attend in accordance with the requirement;

(b) uses threatening or insulting language or behaves in an insubordinate manner to any officer, warrant officer, non-commissioned officer or petty officer who in pursuance of orders or regulations under section 4 is acting in the execution of his office, and who would be the superior officer of the offender if he were subject to service law;

(c) by any fraudulent means obtains or is an accessory to the obtaining of any pay or other sum contrary to orders or regulations under section 4;

(d) knowingly or recklessly makes a statement false in any material particular in giving any information required by orders or regulations under section 4; or

(e) fails without reasonable excuse to comply with orders or regulations under section 4,

is guilty of an offence triable by court-martial or summarily by a civil court.

(2) A person guilty of an offence under this section is liable--

(a) on conviction by court-martial to suffer imprisonment, or such less punishment provided for by service law;

(b) on summary conviction by a civil court--

(i) in the case of an offence under subsection (1)(a), (b), or (e), to a fine not exceeding level 3 on the standard scale; and

(ii) in the case of an offence under subsection (1)(c) or (d), to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(3) A person convicted of an offence under this section is liable, if sentenced to a term of imprisonment or if such a term is imposed in default of payment of any fine, to be taken into military custody, air-force custody or naval custody (as the case may be).

Desertion and absence without leave from service, duty or training

96 Failure to attend for service on call out or recall

(1) A member of a reserve force served with a call-out notice under any provision of this Act who, without leave lawfully granted or reasonable excuse--

(a) fails to present himself for service at the time and place specified in the call-out notice under section 32(3)(b), 43(4)(b) or 58(3)(c) (as the case may be);

(b) having so presented himself, fails to remain there until accepted into service or informed that he is not to be accepted into service in pursuance of that notice; or

(c) where he has for any reason failed to present himself at the time and place so specified or to remain there, fails --

(i) to present himself to a person specified in the call-out notice or to any other authorised officer; or

(ii) having so presented himself, to remain until accepted into service or informed that he is not to be accepted into service in pursuance of that notice,

is guilty, according to the circumstances, of desertion or absence without leave.

(2) Subsection (1) applies to a person liable to recall as it applies to a member of a reserve force--

(a) with the substitution for references to a call-out notice of references to a recall notice; and

(b) as if paragraph (a) of that subsection referred to the time and place specified in the recall notice under section 70(3)(c).

(3) An offence under this section is triable by court-martial or summarily by a civil court.

97 Failure to attend for duty or training

(1) A member of a reserve force who has entered into a full-time service commitment or an additional duties commitment and, without leave lawfully granted or reasonable excuse, fails to appear at the time and place at which he is required to attend--

(a) in the case of a full-time service commitment, to begin the period of full-time service contemplated by the commitment;

(b) in the case of an additional duties commitment, to begin a period of service under the commitment,

is guilty, according to the circumstances, of desertion or absence without leave.

(2) A member of a reserve force who--

(a) is required to undergo a period of training in accordance with section 22, a special agreement or an employee agreement (or any other requirement applicable to special members), and

(b) fails, without leave lawfully granted or reasonable excuse, to appear at any time and place at which he is required to attend,

is guilty of absence without leave.

(3) An offence under this section is triable by court-martial or summarily by a civil court.

98 Punishment etc. of offences of desertion or absence without leave

(1) An offence under section 37 or 38 of the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 or section 16 or 17 of the [1957 c. 53.] Naval Discipline Act 1957 (offences under service law of desertion or absence without leave) committed by a member of a reserve force is triable summarily by a civil court as well as by court-martial.

(2) A member of a reserve force convicted by court-martial of an offence under section 96(1) or 97(1) is punishable as for an offence under service law of desertion or absence without leave (as the case may be).

(3) A member of a reserve force convicted by a civil court of--

(a) an offence under section 96(1) or 97(1), or

(b) an offence under service law of desertion or absence without leave,

is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(4) A person convicted of an offence under section 97(2) is liable--

(a) if convicted by court-martial, to the same punishment as for an offence under service law of absence without leave;

(b) if convicted by a civil court, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(5) A person convicted by a civil court of an offence mentioned in this section, if sentenced to a term of imprisonment or if such a term is imposed in default of payment of any fine, is liable to be taken into military, air-force or naval custody (as the case may require).

(6) Where a member of a reserve force or a person liable to recall is convicted of an offence of desertion, the time which elapsed between the time of his desertion and the time of his apprehension or voluntary surrender shall not be taken into account in reckoning his service for the purpose of release from permanent service or discharge.

99 False pretence of illegal absence

Any person who falsely represents himself to be a deserter or absentee without leave from any reserve force is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

100 Treatment of deserters etc

(1) Schedule 2 (arrest and subsequent treatment of suspected deserters or absentees without leave from the reserve forces) shall have effect.

(2) Schedule 2 shall apply to a person liable to recall who is a suspected deserter or absentee without leave by virtue of this Part and is not otherwise subject to service law as it applies to a member of a reserve force.

(3) The delivery under that Schedule of a member of a reserve force or a person liable to recall into military, air-force or naval custody, or the committal of any such person for the purpose of being so delivered, shall not prevent his subsequently being tried summarily in accordance with this Part.

101 Inducing a person to desert or absent himself

(1) A person who, in the United Kingdom or elsewhere, by any means--

(a) procures or persuades, or attempts to procure or persuade, a member of a reserve force to commit an offence of desertion or absence without leave;

(b) knowing that a member of a reserve force is about to commit such an offence, aids or assists him in so doing; or

(c) knowing a member of a reserve force to be a deserter or an absentee without leave, procures or persuades or assists him to remain a deserter or absentee, or assists in his rescue from custody,

is guilty of an offence.

(2) A person who--

(a) procures or persuades, or attempts to procure or persuade, a person liable to recall to commit an offence of desertion or absence without leave;

(b) knowing that such a person is about to commit such an offence, aids or assists him in so doing; or

(c) knowing a person liable to recall to be a deserter or absentee without leave, procures or persuades or assists him to remain a deserter or absentee, or assists in his rescue from custody,

is guilty of an offence.

(3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction--

(a) in the case of an offence involving an offence of desertion or a deserter, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both); and

(b) in the case of an offence of absence without leave or an absentee without leave, to a fine not exceeding level 5 on the standard scale.

102 Record of illegal absence

(1) Where a member of a reserve land, air or marine force is subject to service law and is unlawfully absent from his duty--

(a) a board of inquiry under section 135 of the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955, as the case may be, may be assembled after the expiry of 21 days from the date of his absence, notwithstanding that the period during which he was subject to service law is less than 21 days, or has expired before the expiry of 21 days; and

(b) the record mentioned in section 136 of the Army Act 1955 or the Air Force Act 1955, as the case may be, may be entered in the manner there provided, or in such regimental or service books and by such officer as may be prescribed.

(2) Where a member of a reserve land, air or marine force--

(a) having been served with a call-out notice under any provision of this Act, fails, without leave lawfully granted, to do anything mentioned in section 96(1)(a), (b) or (c);

(b) having entered into a full-time service commitment fails, without leave lawfully granted, to appear at any time or place at which he is required to attend to begin the period of full-time service contemplated by the commitment;

(c) having entered into an additional duties commitment fails, without leave lawfully granted, to appear at any time or place at which he is required to begin a period of duty under the commitment;

(d) having been required to undergo a period of training as mentioned in section 97(2) fails, without leave lawfully granted, to appear at any time or place at which he is required to appear,

and his absence continues for not less than 14 days, an entry of his absence shall be made by such officer as may be prescribed in such manner, and in such regimental or service books, as may be prescribed.

General

103 Trial of offences as offences under service law

(1) Any offence which is by virtue of this Part triable by court-martial shall for all purposes of and incidental to the arrest, trial and punishment of the offender (including the summary disposal of the case by an officer having power to deal with the case) be deemed to be an offence under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957, as the case may require.

(2) References in those Acts to forfeitures and stoppages shall be construed in relation to any such offence as references to such forfeitures and stoppages as may be prescribed.

104 Jurisdiction of civil courts

(1) A civil court in the United Kingdom with jurisdiction in the place where a person is for the time being shall have jurisdiction to try him for any offence under this Part which is triable by such a court.

(2) Subsection (1) applies notwithstanding that the alleged offence was committed outside the jurisdiction of the court, except that where it was committed in any part of the United Kingdom it shall be triable only by a court in that part of the United Kingdom.

(3) Every fine imposed under this Part by a court-martial shall be paid to such authority as may be prescribed.

105 Trial of offences by civil court

(1) Any offence to which this section applies which is triable by a court-martial is also triable summarily by a civil court and punishable with imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(2) Nothing in this section affects the liability of a person charged with an offence to which this section applies to be taken into military, air-force or naval custody.

(3) This section applies to an offence under service law (other than an offence of desertion or absence without leave) committed by a member of a reserve force when not in permanent service under Part IV or Part V or under a call-out order.

106 Offences triable by court-martial or civil court

(1) A person charged with an offence which under this Part is triable both by a court-martial and by a civil court may be tried either by a court-martial (or by an officer having power to deal summarily with the case) or by a civil court but not by both of them.

(2) It is immaterial, for the purposes of any provision of this Part making an offence triable by court-martial, whether the person concerned is otherwise subject to service law.

107 Time for institution of proceedings

(1) Proceedings against a person before either--

(a) a court-martial or an officer having power to deal with the case summarily; or

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