Reserve Forces Act 1996 (c. 14)

(The document as of February, 2008)

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

(b) a civil court,

in respect of an offence under this Act or under service law and alleged to have been committed by him during his period of service in a reserve force may be instituted whether or not he has ceased to be a member of that reserve force.

(2) Such proceedings may, notwithstanding anything in any other enactment, be instituted at any time within 2 months after--

(a) the time at which the offence becomes known to his commanding officer; or

(b) the time at which he is apprehended,

whichever is later.

108 Evidence

(1) Schedule 3 (evidence) shall have effect in relation to proceedings under this Part and any other proceedings for an offence under any other Part of this Act.

(2) Paragraphs 2 to 8 of that Schedule apply to a member of a reserve force who is tried by a civil court, whether or not he is at the time of the trial subject to service law.

(3) Where by virtue of any provision of this Act a document is admissible in evidence or is evidence of any matter stated in it in proceedings before a civil court in England and Wales, it shall be sufficient evidence of the matter so stated in such proceedings in Scotland.

109 Meaning of "civil court"

In this Part a reference to a civil court shall be construed as a reference--

(a) in England and Wales, to a magistrates' court;

(b) in Scotland, to the sheriff sitting as a court of summary jurisdiction; and

Part XI Reserve Associations

110 Establishment of associations for areas in the UK

(1) A territorial, auxiliary and volunteer reserve association (in this Part referred to as an "association") may be established for any area in the United Kingdom determined by the Defence Council.

(2) If the Defence Council alters the areas into which the United Kingdom has for the time being been divided for the purposes of subsection (1), the Defence Council may by order alter the area for which an existing association is established.

(3) An order under subsection (2)--

(a) may make supplemental, incidental and transitional provision (including provision as respects the transfer of property, rights and liabilities and financial adjustments); and

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

(4) In this section "the United Kingdom" includes the Channel Islands and the Isle of Man.

111 Constitution of associations

(1) An association shall be constituted, and its members shall be appointed and hold office, in accordance with a scheme made by the Defence Council.

(2) Schedule 4 (schemes made under subsection (1)) shall have effect.

(3) The Secretary of State may by order make such modifications (whether by way of addition, substitution or otherwise) to Schedule 4 as he considers appropriate.

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

(a) may contain such supplemental, incidental and transitional provision as the Secretary of State considers appropriate; and

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

112 General duties of associations

(1) It shall be the duty of an association to make itself acquainted with, and conform to, the plan of the Defence Council for the organisation within the area for which the association is established of--

(a) Her Majesty's land and air forces; and

(b) the reserve naval and marine forces in so far as the plan relates to matters with respect to which functions are conferred on the association under section 113(1).

(2) It shall also be the duty of an association to give advice and assistance in relation to the military and air-force resources and capabilities of the area for which the association is established to the Defence Council and to such officers as the Defence Council may direct.

(3) The advice and assistance which an association may be required to give under subsection (2) includes advice or assistance relating to any matter in connection with--

(a) local support for, or for the activities of, Her Majesty's land and air forces, the reserve naval and marine forces and the cadet forces mentioned in section 113(1)(c); and

(b) the availability of financial and material assistance (including land and buildings) for any activity or requirement of those forces or for any other defence purpose,

which the association is requested to provide by the Defence Council or any officer mentioned in subsection (2).

113 Powers and duties assignable to associations

(1) An association shall have such powers and duties connected with the organisation and administration of--

(a) Her Majesty's land and air forces;

(b) the reserve naval and marine forces; or

as may for the time being be transferred or assigned to it by order of Her Majesty signified under the hand of the Secretary of State or, subject to such an order, by regulations under this Part.

(2) The powers and duties which may be so transferred or assigned include any powers conferred on or vested in Her Majesty, and any powers or duties conferred or imposed on the Defence Council or the Secretary of State, by statute or otherwise, and in particular respecting the following matters--

(a) the organisation of the units of the Territorial Army and the Royal Auxiliary Air Force and their administration (including maintenance) at all times other than when training or on duty or when in permanent service;

(b) the recruiting of members for the volunteer reserve forces;

(c) the provision and maintenance of buildings, rifle ranges, magazines, sites of camps, aerodromes, landing grounds and hangars;

(d) facilitating the provision of areas to be used for manoeuvres;

(e) arranging with employers as to leave of absence for training, and ascertaining, after consultation with the representatives of the main employers in the area for which the association is established, the times of training which having regard to their businesses are best suited to the circumstances of civil life;

(f) establishing or assisting cadet units and also rifle and aviation clubs;

(g) the provision of transport for the peace-time requirements of the reserve forces;

(h) providing accommodation for the safe custody of arms or equipment;

(i) the supply of the requirements, when called out, of the units of the reserve forces within the area for which the association is established in so far as those requirements are directed by the Defence Council to be met locally;

(j) the welfare of members and former members of Her Majesty's land and air forces and of members and former members of the reserve naval and marine forces.

(3) For the purposes of subsection (2)(i) the Defence Council shall make and issue to associations regulations specifying, so far as practicable, the requirements mentioned in that paragraph which are to be met locally.

(4) An association shall not have any powers of command or training over any part of Her Majesty's forces.

(5) The members of an association shall not be under any pecuniary liability for any act done by them in their capacity as members in carrying out the provisions of this Part.

114 Expenses of associations

(1) The Defence Council shall pay to an association, out of money provided by Parliament, such sums as in the opinion of the Defence Council are required to meet the necessary expenditure incurred by the association.

(2) An association--

(a) shall annually at such time as may be specified in regulations under this Part; and

(b) may at any other time for any special purpose,

submit in such form and manner as may be so specified a statement of its necessary requirements to the Defence Council; and all payments under this section to an association shall be made upon the basis of such a statement, so far as approved by the Defence Council.

(3) Subject to regulations under this Part, any money paid to an association by the Defence Council shall be applicable to any of the purposes specified in the approved statements in accordance with which money has been granted and, except with the written consent of the Defence Council or an officer authorised by or in accordance with directions of the Defence Council for the purpose of giving consents, shall not be applicable otherwise.

(4) Nothing in this section shall be construed as enabling the Defence Council or an authorised officer to give consent to the application of money to any purpose to which, apart from this section, it could not lawfully be applied, or to give consent without the authority of the Treasury in any case in which, apart from this section, the authority of the Treasury would be required.

(5) All money received by an association otherwise than from the Defence Council (except such money, if any, as may be received by the association for specified purposes) shall be available for the purposes of any of the powers and duties of the association.

(6) The income from investments representing money originally received for the purposes of any of the reserve forces, or the cadet forces mentioned in section 113(1)(c), shall be applied only to that purpose, unless the Defence Council otherwise direct.

115 Accounts of associations

(1) An association shall cause its accounts to be made up and audited annually in such manner as may be specified in regulations under this Part.

(2) An association shall send copies of its accounts, together with any report of the auditors on them, to--

(a) the Defence Council; or

(b) such authority or person as may be directed by regulations under this Part.

116 Joint committees of associations

(1) Two or more associations may from time to time join in appointing from among their respective members a joint committee for any purpose in respect of which they are jointly interested.

(2) An association joining in appointing a joint committee under this section may delegate to it any power which such an association may exercise for the purpose for which the committee is appointed.

(3) Subject to the terms of delegation, a joint committee appointed under this section shall in respect of any matter delegated to it have the same power in all respects as the associations appointing it.

(4) The costs of such a joint committee shall be defrayed by the associations by whom it has been appointed in such proportion as may be agreed between them.

(5) The accounts of such joint committees and their officers shall for the purposes of this Part be deemed to be accounts of the associations appointing them and of their officers.

117 Regulations as to associations

(1) Regulations for carrying into effect the provisions of this Part as respects associations may be made by the Defence Council and such regulations may, in particular, provide for the following matters--

(a) for regulating the manner in which powers are to be exercised and duties performed by associations, and for specifying the services to which money paid by the Defence Council is to be applicable;

(b) for authorising and regulating the acquisition by or on behalf of associations of land for the purposes of this Part and the disposal of any land so acquired;

(d) for authorising the acceptance of any money or other property, and the taking over of any liability, by associations, and for regulating the administration of any money or property so acquired and the discharge of any liability so taken over;

(e) for facilitating the co-operation of an association with any other association or with any local authority or other body (whether by the constitution of joint committees or otherwise) and for the provision of assistance by one association to another;

(f) for affiliating cadet units, rifle and aviation clubs and other bodies to any of the reserve forces or any part of any such force;

(g) for or in respect of anything directed or authorised by any provision of this Part to be done or provided for by or in regulations or to be done in such manner as may be specified.

(2) Regulations under this section made for the purposes of section 114 or 115 shall be subject to the Treasury's consent.

(3) Regulations under this section shall be laid before each House of Parliament after being made.

118 Compensation of displaced employees

(1) The Secretary of State may make regulations providing for the payment by the Secretary of State of compensation to, or in respect of, any person who in the Secretary of State's opinion falls within subsection (2) or (3).

(2) A person falls within this subsection if he has ceased to be employed by an association established for the purposes of this Part, or has suffered a diminution in the emoluments of his employment by such an association, in consequence of--

(a) the winding-up of the association;

(b) any change in its activities or in the area for which it is established; or

(3) A person falls within this subsection if he--

(a) has ceased to be employed by the body known as the Council of Territorial, Auxiliary and Volunteer Reserve Associations; or

(b) has suffered a diminution in the emoluments of his employment by that body,

in consequence of the winding-up of associations established for the purposes of this Part or of changes in their activities or the areas for which they are established.

(4) Regulations 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.

119 Winding-up of associations

(1) The Defence Council may make an order providing for the winding-up of an association.

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

(a) may make supplemental, incidental and transitional provision (including provision as respects the transfer of property, rights and liabilities and financial adjustments); and

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

Part XII Miscellaneous and General

Miscellaneous

120 Disbanding of units: charitable property

Schedule 5 (treatment of charitable property held for purposes of any body of a reserve force which has been, or is to be, disbanded or amalgamated with another body) shall have effect.

121 The lieutenancies

(1) Schedule 6 (minor amendments and pre-consolidation amendments relating to the lieutenancies) shall have effect.

(2) It is hereby declared that the validity of the appointment of a lord-lieutenant after 20th April 1980 is not affected by the fact that the instrument appointing him refers to the power of appointment previously contained in the [1972 c. 70.] Local Government Act 1972 or the [1973 c. 65.] Local Government (Scotland) Act 1973 and not the corresponding power under the [1980 c. 9.] Reserve Forces Act 1980.

This subsection shall come into force on the passing of this Act.

122 Safeguard of employment for members of reserve forces

(1) The [1985 c. 17.] Reserve Forces (Safeguard of Employment) Act 1985 shall be amended as follows.

(2) For subsection (1) of section 1 (obligation to reinstate) there shall be substituted the following subsections--

" (1) This section applies to any person who is in permanent service under--

(a) Part IV (special agreements for call out) or Part V (special members) of the Reserve Forces Act 1996;

(b) a call-out order under Part VI of that Act (orders authorising general call out of members of reserve forces); or

(1A) In this Act"whole-time service" means permanent service to which this section applies. "

(3) For subsection (1) of section 17 (prohibition of dismissal for liability to whole-time service) there shall be substituted the following subsection--

" (1) If the employer of a person who may be required to enter upon a period of whole-time service--

(a) terminates that person's employment without his consent at any time when he is not in that service, and

(b) does so solely or mainly by reason of any duties or liabilities which that person may be liable to perform or discharge--

(i) if required to report at any time or place with a view to entering into whole-time service; or

(ii) if he enters upon a period of whole-time service,

the employer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. "

(4) In section 20(1) (interpretation), for the definition of "whole-time service" there shall be substituted the following definition--

" "whole-time service" has the meaning given by section 1(1A). "

(5) For subsections (3) and (4) of section 20 (interpretation) there shall be substituted the following subsection--

" (3) A period of whole time service shall not be regarded as having ceased by reason of any absence on leave (including sick leave or maternity leave) before release from service or discharge. "

(6) The amendments made by this section do not affect the operation of the [1985 c. 17.] Reserve Forces (Safeguard of Employment) Act 1985 in its application to persons liable to be called out or recalled for permanent service under the [1980 c. 9.] Reserve Forces Act 1980 or officers liable to be called out or recalled otherwise than under this Act.

123 Billeting

(1) All provisions for the time being in force in relation to the billeting of the Royal Marines shall be applicable to the men of the reserve naval and marine forces during such time as they attend training or are in permanent service or full-time service under a full-time service commitment.

(2) All powers and authorities in relation to the billeting of the Royal Marines which may be exercised by any colonel, commandant, or commanding officer of any division of Royal Marines, may, for the purpose of billeting the men of the reserve naval and marine forces, be exercised by any officer in the Royal Navy holding the rank of commander, or any higher rank, authorised for the purpose by orders or regulations under section 4.

124 Exemption from tolls etc

(1) This section applies to a member of any reserve land, air or marine force when going to or returning from any place at which he is required to attend, and for non-attendance at which he is liable to be punished.

(2) For the purposes of section 184 of the [1955 c. 18.] Army Act 1955, section 184 of the [1955 c. 19.] Air Force Act 1955 and all other enactments relating to the duties, tolls and ferries which are mentioned in those sections, a person to whom this section applies shall be deemed to be a member of the regular army on duty or (as the case may be) the regular air force on duty.

125 Absence for voting

No member of a reserve force shall be liable, when not in permanent service, to any penalty or punishment on account of his absence from duty in the United Kingdom for voting at--

(a) any election of a Member of Parliament or a Member of the European Parliament, or

(b) any local election,

or going to or returning from such voting.

126 Postponement of transfer to the reserve or discharge of servicemen

Schedule 7 (amendments of the enactments concerning the postponement of transfer to the reserve or discharge from the regular services of soldiers, marines, airmen and ratings) shall have effect.

General

127 Interpretation

(1) In this Act--

"additional duties commitment" means a commitment under section 25;
"call-out order" has the meaning given by section 64;
"the ex-regular reserve forces" has the meaning given by section 2(2);
"full-time service commitment" means a commitment under section 24;
"man" (except in Part VII) has the meaning given by section 2(4);
"permanent service" includes actual service;
"prescribed" means (except in Part VII) prescribed by orders or regulations under section 4;
"recall" and"recall order" have the meanings given by section 77;
"regular air force" has the same meaning as in the Air Force Act 1955;
"regular army" means the regular forces within the meaning of the Army Act 1955 (but does not include the Royal Marines);
"regular services" means the Royal Navy, the Royal Marines, the regular army or the regular air force;
"the reserve forces","the reserve naval and marine forces","the reserve land forces" and"the reserve air forces" have the meaning given by section 1(2);
"reserve marine force" means the Royal Marines Reserve;
"service law" means military law, air-force law or the [1957 c. 53.] Naval Discipline Act 1957 (as the case may require);
"special member" means a member of a reserve force who is, by virtue of Part V, a special member of that force;
"term of compulsory service" has the meaning given by section 13(7);
"the volunteer reserve forces" has the meaning given by section 2(3).

(2) Any reference in this Act to a member of a reserve force or a member of the reserve forces is to an officer in, or a man of, that force or any of those forces, as the case may be.

128 Transitory provisions

Schedule 8 (transitory and transitional provisions relating to the organisation of the reserve forces as maintained under the [1980 c. 9.] Reserve Forces Act 1980) shall have effect.

129 Application of Act to persons currently serving in the reserve forces or regular services

(1) Schedule 9 shall have effect with respect to the application of this Act in relation to members of the reserve forces who are members of the transitional class.

(2) Nothing in the Reserve Forces Act 1980 shall apply to a member of a reserve force who is not a member of the transitional class or, in the case of a person who is to be transferred to the reserve from the regular services, is not capable of becoming a member of the transitional class.

(3) In this Act "the transitional class", in relation to members of the reserve forces, shall be construed in accordance with Part I of Schedule 9.

130 Power to make transitional, consequential etc. provisions

(1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, in connection with, or in consequence of--

(a) the coming into force of any provision of this Act; or

(b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2) Regulations under this section--

(a) may make modifications of any enactment contained in this or in any other Act;

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

131 Consequential amendments and repeals

(1) Schedule 10 (consequential amendments) shall have effect.

(2) The enactments specified in Schedule 11 (which include some that are spent) are repealed to the extent specified.

132 Short title, extent and commencement

(1) This Act may be cited as the Reserve Forces Act 1996.

(2) This Act extends to Northern Ireland.

(3) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to the Channel Islands and the Isle of Man.

(4) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

SCHEDULES

Section 9.

SCHEDULE 1 Enlistment

Conditions for enlistment

1 (1) An enlisting officer shall not enlist any person as a man in a reserve force unless he is satisfied that the person concerned has been given a notice under sub-paragraph (2), understands it and wishes to be enlisted.

(2) A person offering to enlist shall be given a notice in such form as may be prescribed setting out the questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him and such other matters as may be prescribed.

(3) The attestation paper to be used for the purpose of attesting recruits to a reserve force shall be in such form as may be prescribed.

2 (1) An enlisting officer shall not enlist a person under the appropriate minimum age unless consent to the enlistment has been given in writing by a person with--

(a) parental responsibility (within the meaning of the [1989 c. 41.] Children Act 1989 or the [S.I. 1995/755 (N.I.2)] Children (Northern Ireland) Order 1995) for the person offering to enlist; or

(b) parental responsibilities (within the meaning of section 1(3) of the [1995 c. 36.] Children (Scotland) Act 1995) in relation to that person.

(2) Where the enlisting officer is satisfied, by the production of a certified copy of an entry in the register of births or by any other evidence appearing to him to be sufficient, that a person offering to enlist has or has not attained the appropriate minimum age, that person shall be deemed for the purposes of this Act to have attained, or as the case may be, not to have attained, that age.

(3) A document purporting to be a certificate signed by the enlisting officer, stating that he is satisfied as mentioned in sub-paragraph (2), shall be sufficient evidence, until the contrary is proved, that he was so satisfied.

Procedure on attestation

3 (1) The procedure for enlisting a person (in this paragraph referred to as "the recruit") in a reserve force is as follows.

(2) The enlisting officer shall warn the recruit that if he makes any false answers to the questions to be read out to him he will be liable to be punished as provided by this Act.

(3) He shall then read, or cause to be read, to the recruit the questions set out in the attestation paper and satisfy himself that he understands each of those questions and that his answers have been duly recorded in the attestation paper.

(4) He shall then ask the recruit to make and sign the declaration set out in the attestation paper as to the truth of the answers and shall administer to him the oath of allegiance as set out in the attestation paper.

(5) Upon signing the declaration and taking the oath the recruit shall become a man of the reserve force in question.

(6) The enlisting officer shall by signature attest, in the manner required by the attestation paper, that the requirements of this Act as to the attestation of the recruit have been carried out and deliver the attestation paper duly dated to such person as may be prescribed.

(7) When, in accordance with orders or regulations under section 4, the recruit is finally approved for service, the officer by whom he is approved shall at his request furnish him with a certified copy of the attestation paper.

Validity of attestation and enlistment

4 (1) This paragraph applies where a person has signed the declaration required by paragraph 3.

(2) The validity of the person's enlistment shall not be called in question on the ground of any error or omission in his attestation paper.

(3) If within 3 months from the date on which the person signed the declaration he claims that his enlistment is invalid--

(a) by reason of any non-compliance with the requirements of this Act as to enlistment or attestation; or

(b) on any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-paragraph the validity of his enlistment could have been called in question,

the claim shall be submitted as soon as may be to the Defence Council, and, if the claim is well founded, the Defence Council shall cause him to be discharged with all convenient speed.

(4) If when the person signed the declaration he had not attained the appropriate minimum age, and within 3 months from the date on which he signed the declaration he, or any person whose consent to the enlistment was required under paragraph 2(1) but who did not duly consent, claims that his enlistment is invalid--

(a) by reason of any non-compliance with the requirements of this Act as to enlistment or attestation; or

(b) on any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-paragraph the validity of his enlistment could have been called in question,

the claim shall be submitted as soon as may be to the Defence Council, and, if the claim is well founded, the Defence Council shall cause him to be discharged with all convenient speed.

(5) If no claim under sub-paragraph (3) or (4) is made within 3 months from the date on which he signed the declaration, the person shall be deemed to have been validly enlisted notwithstanding any such non-compliance or other grounds as aforesaid.

(6) Notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim under sub-paragraph (3) or (4), the person shall be deemed to be a man of the reserve force in question until his discharge.

(7) Nothing in this paragraph shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.

False answers in attestation papers

5 (1) Any person appearing before an enlisting officer for the purpose of being attested who knowingly or recklessly makes a false answer to any question contained in the attestation paper and put to him by or by the direction of the enlisting officer is guilty of an offence.

(2) A person guilty of an offence under sub-paragraph (1) is 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); and he may be proceeded against summarily notwithstanding that he has since become subject to service law.

(3) A person guilty of an offence under sub-paragraph (1) who has since become and remains subject to service law is liable on conviction by court-martial to imprisonment for a term not exceeding 3 months or to any less punishment provided by service law.

Evidence as to attestation papers

6 (1) With respect to evidence in proceedings under Part X, whether before a court-martial, a civil court or otherwise--

(a) a document purporting--

(i) to be a copy of the attestation paper signed by any person; and

(ii) to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper,

shall be evidence of the enlistment of the person attested; and

(b) the attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is recorded in that paper as having given.

(2) In this paragraph"civil court" has the same meaning as in Part X.

Meaning of "appropriate minimum age"

7 In this Schedule"appropriate minimum age" means the age of 17 years and 6 months, except that in such classes of case as may be prescribed it means the age of 17 years.

Section 100.

SCHEDULE 2 Deserters and absentees without leave

Preliminary

1 (1) This Schedule applies in relation to anyone who is, or is suspected of being, a deserter or absentee without leave from a reserve force.

(2) In the application of this Schedule to Scotland and Northern Ireland, for references to a magistrates' court there shall be substituted--

(a) in Scotland, references to the sheriff sitting as a court of summary jurisdiction; and

(b) in Northern Ireland, references to a court of summary jurisdiction.

Arrest

2 (1) Where a constable has reasonable grounds for suspecting that a person is a member of a reserve force who has deserted or is absent without leave, he may arrest that person without a warrant.

(2) Where no constable is available, any person may arrest a person he has reasonable grounds for suspecting is a member of a reserve force who has deserted or is absent without leave.

(3) Any person having authority to issue a warrant for the arrest of a person charged with a criminal offence, if satisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdiction a member of a reserve force who--

(a) has deserted or is absent without leave; or

(b) is reasonably suspected of having deserted or being absent without leave,

may issue a warrant authorising his arrest.

(4) Any person arrested as a deserter or absentee without leave from a reserve force shall as soon as practicable be brought before a magistrates' court.

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