Reserve Forces Act 1996 (c. 14)

(The document as of February, 2008)

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Proceedings before a civil court where persons suspected of illegal absence

3 (1) Paragraphs 4 and 5 apply in the case of a person ("the accused") who is brought before a magistrates' court and alleged to be a member of a reserve force who has deserted or is absent without leave.

(2) The provisions of the [1980 c. 43.] Magistrates' Courts Act 1980--

(a) relating to the constitution and procedure of magistrates' courts acting as examining justices and conferring powers of adjournment and remand on such courts so acting; and

(b) as to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses,

shall apply to proceedings to which paragraph 4 or 5 applies.

(3) In the application of this Schedule to Scotland and Northern Ireland, the reference in sub-paragraph (2) to provisions of the Magistrates' Courts Act 1980 shall be construed as a reference to any corresponding enactment in force as respects courts of summary jurisdiction.

4 (1) This paragraph applies where the accused admits that he is illegally absent from a reserve force and the court is satisfied of the truth of the admission.

(2) If the accused is not in custody for some cause other than illegal absence from his reserve force, the court shall--

(a) cause him to be delivered into military, air-force or naval custody (as the case may require) in such manner as the court may think fit; or

(b) commit him to a prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable period as the court may specify or until sooner delivered into military, air-force or naval custody (as the case may require).

(3) If the accused is in custody for some other cause, the court may act as mentioned in sub-paragraph (2).

(4) Any period specified as mentioned in sub-paragraph (2)(b)--

(a) shall not exceed such time as appears to the court reasonably necessary to enable the accused to be delivered into military, air-force or naval custody; and

(b) may be extended by the court from time to time if it appears to the court reasonably necessary to do so for that purpose.

5 (1) This paragraph applies where--

(a) the accused does not admit that he is illegally absent from a reserve force; or

(b) the court is not satisfied of the truth of any such admission.

(2) The court shall consider the evidence with a view to determining whether there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave.

(3) Where the court considers that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave, the court shall (unless he is in custody for some other cause) cause him to be delivered into military, air-force or naval custody (as the case may require) or commit him as mentioned in paragraph 4(2)(b).

If the accused is in custody for some other cause, the court may act as mentioned in this paragraph.

(4) If the court does not consider that there is sufficient evidence to justify the trial of the accused for an offence of desertion or absence without leave, he shall be discharged.

Surrender to police

6 (1) Where a person surrenders himself to a constable as being illegally absent from a reserve force--

(a) the constable shall, unless the person concerned surrenders himself at a police station, bring him to a police station; and

(b) the police officer in charge of the police station to which that person is brought, or at which he surrendered himself, shall forthwith inquire into his case.

(2) If it appears to that police officer that the person concerned is illegally absent from a reserve force, he may--

(a) cause him to be delivered into military, air-force or naval custody (as the case may require) without bringing him before a magistrates' court; or

(b) bring him before a magistrates' court.

Certificates of arrest or surrender

7 (1) Where a person is delivered into military, air-force or naval custody under this Schedule, there shall be handed over with him a certificate in such form as may be prescribed signed by a justice of the peace.

(2) The certificate shall contain such particulars as may be prescribed as to the arrest or surrender of the person concerned and the proceedings before the court.

(3) For any such certificate there shall be payable to the clerk of the court, by such person as the Defence Council may direct, such fee (if any) as may be prescribed.

(4) In this paragraph and paragraph 8,"prescribed" means prescribed by regulations made by the Secretary of State by statutory instrument under section 189 of the [1955 c. 18.] Army Act 1955 (for a person delivered into military custody), section 189 of the [1955 c. 19.] Air Force Act 1955 (for a person delivered into air-force custody) or section 110 of the [1957 c. 53.] Naval Discipline Act 1957 (for a person delivered into naval custody).

8 (1) Where a person is delivered into military, air-force or naval custody under this Schedule without being brought before a court, there shall be handed over with him a certificate in such form as may be prescribed signed by the police officer who caused him to be delivered into custody.

(2) The certificate shall contain such particulars as may be prescribed relating to the surrender of the person concerned.

9 (1) In proceedings for an offence under section 96 a document purporting to be a duly signed certificate under paragraph 7 or 8 shall be evidence of the matters stated in the document.

(2) In proceedings for such an offence against a person who was taken into military, air-force or naval custody on arrest or surrender, a certificate--

(a) purporting to be signed by a provost officer or by any other officer in charge of the guardroom or other place where that person was confined on being taken into custody; and

(b) stating the fact, date, time and place of arrest or surrender,

shall be evidence of the matters stated in the certificate.

Duties of governors of prisons and others to receive deserters and absentees

10 (1) It shall be the duty of the governor of a civil prison--

(a) to receive any person duly committed to that prison by a magistrates' court as being illegally absent from a reserve force; and

(b) to detain him until (in accordance with the directions of the court) he is delivered into military, air-force or naval custody.

(2) Sub-paragraph (1) shall apply to the person having charge of any police station or other place (not being a prison) provided for the confinement of persons in custody as it applies to the governor of a prison.

Section 108.

SCHEDULE 3 Evidence

General provisions as to evidence

1 This Schedule has effect with respect to evidence in proceedings under Part X and proceedings for an offence under any other Part of this Act, whether before a court-martial, a civil court or otherwise.

2 A letter, return or other document stating that any person--

(a) was or was not serving at any specified time or during any specified period in any part of Her Majesty's forces or was discharged from any part of those forces at or before any specified time;

(b) held or did not hold at any specified time any specified rank or appointment in any of those forces, or had at or before any specified time been attached, posted or transferred to any part of those forces;

(c) at any specified time or during any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place; or

(d) was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe or emblem,

shall, if it purports to be issued by or on behalf of the Defence Council or by a person authorised by them, be evidence of the matters stated in the document.

3 (1) A record made in any service book or other document prescribed by Queen's Regulations for the purposes of this paragraph, being a record--

(a) made in pursuance of any Act or of Queen's Regulations, or otherwise in pursuance of military, air-force or naval duty, as the case may be; and

(b) purporting to be signed by the commanding officer or by any person whose duty it was to make the record,

shall be evidence of the facts stated therein.

(2) A copy of a record (including the signature thereto) in any book or other document to which sub-paragraph (1) applies, if it purports to be certified to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record.

4 A document purporting to be issued by order of the Defence Council and to contain instructions or regulations given or made by the Defence Council shall be evidence of the giving of the instructions or making of the regulations and of their contents.

5 A certificate purporting to be issued by or on behalf of the Defence Council or by a person authorised by them, and stating--

(a) that a decoration of a description specified in or annexed to the certificate is or is not a military, naval or air-force decoration; or

(b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is or is not one supplied or authorised by the Defence Council,

shall be evidence of the matters stated in the certificate.

6 A certificate purporting to be signed by a person's commanding officer or any officer authorised by him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a continuing nature made for--

(a) any formation, unit or body of--

(i) the regular army or any reserve land force;

(ii) the Royal Marines or the Royal Marines Reserve; or

(iii) the regular air force or any reserve air force;

(b) any division, class or other body of the Royal Navy, the Royal Fleet Reserve or the Royal Naval Reserve;

(d) any ship, submarine, train or aircraft,

shall in proceedings against the person concerned be evidence of the matters stated in the certificate.

7 Where, in relation to one reserve force, any document would be evidence in any proceedings under Part X by virtue of this Schedule, or paragraph 6 of Schedule 1, that document shall in like manner, subject to the same conditions and for the like purpose be evidence in the like proceedings in relation to any other reserve force.

Proceedings for offences under section 95

8 Where a man of any reserve force is required by or in pursuance of orders or regulations under section 4 to attend at any place, a certificate--

(a) purporting to be signed by any officer or person who is mentioned in it as being appointed to be present at that place for the purpose of inspecting men of the force in question or for any other purpose connected with that force; and

(b) stating that the man failed to attend in accordance with that requirement,

shall without proof of the signature or appointment of the officer or person be evidence of the failure in any proceedings relating to such a failure under section 95.

Proof of outcome of civil trial

9 (1) Where a person subject to service law has been tried before a civil court (whether at the time of the trial he was or was not subject to service law), a certificate signed by the clerk of the court and stating all or any of the following matters--

(a) that the person concerned was tried before the court for an offence specified in the certificate;

(b) the result of the trial;

(d) that other offences specified in the certificate were taken into consideration at the trial,

shall be evidence of the matters stated in the certificate.

(2) The clerk of the court shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate under this paragraph and shall be paid such fee as may be prescribed by regulations made by the Secretary of State under section 199 of the [1955 c. 18.] Army Act 1955, section 199 of the [1955 c. 19.] Air Force Act 1955 or section 129B of the [1957 c. 53.] Naval Discipline Act 1957, as the case may be.

(3) A document purporting to be a certificate under this paragraph and to be signed by the clerk of the court shall, unless the contrary is shown, be deemed to be such a certificate.

(4) References in this paragraph to the clerk of the court include references to his deputy and to any other person having the custody of the records of the court.

Section 111.

SCHEDULE 4 Provisions of schemes for the constitution of associations

1 (1) A scheme for the constitution of an association ("a scheme") shall provide--

(a) for the date of the establishment of the association;

(b) for the incorporation of the association by an appropriate name;

(c) for appointment as members of the association of naval members, marine members, military members and air force members;

(d) for the appointment as members of the association by the Defence Council, after consultation with, and on the recommendation of, the bodies to be represented, of representatives of such of the local authorities wholly or partly within the area for which the association is established as the Defence Council may from time to time determine;

(e) for the mode of appointment, dismissal, term of office and rotation of members of the association and the filling of casual vacancies;

(f) for the election of a chairman and a vice-chairman or vice-chairmen by the association and for defining their powers and duties;

(g) for the appointment by the association, subject to the approval of the Defence Council, of a secretary and other officers and members of the staff of the association;

(h) for the procedure to be adopted, including the appointment of committees and the delegation to committees of any of the powers or duties of the association;

(i) for enabling flag, general or air officers of any part of Her Majesty's forces, or officers deputed by them, to attend the meetings of the association, and to speak but not to vote.

(2) A scheme shall secure that the aggregate number of naval members, marine members, military members and air force members are not less than half of the whole number of members of the association.

(3) A secretary or other officer or member of the staff who is in the employment of the association by virtue of the provisions of an order made by the Defence Council in exercise of the powers conferred upon the Defence Council by section 119 shall be deemed for the purposes of sub-paragraph (1)(g) above (and the corresponding purposes of the scheme concerned) to have been appointed by the association.

2 A scheme for an association in England and Wales or Northern Ireland (but not for an association established for an area that includes Greater London) shall provide--

(a) for constituting as president of the association the lord-lieutenant of one of the counties or parts of counties for which the association is established, as the Defence Council may from time to time think fit, or, failing any of those lord-lieutenants, such other person as the Defence Council may think fit; and

(b) for constituting as vice-presidents of the association the lord-lieutenants of any of those counties or parts of counties (if they are willing to act) and such other persons (if any) as the Defence Council may think fit.

3 A scheme for an association in Scotland shall provide--

(a) in the case where an association area coincides with a local government area or where a local government area contains two or more association areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in the local government area or from such other persons as the Defence Council may think fit; or

(b) in the case where an association area falls within two or more local government areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in those local government areas or from such other persons as the Defence Council may think fit.

4 A scheme for an association established for an area including Greater London shall provide for constituting the lord-lieutenant of Greater London or, failing him, such other person as the Defence Council may think fit, president of the association.

5 A scheme may provide--

(a) for the appointment as members of the association by the Defence Council, of representatives of universities whose activities are carried on wholly or partly within the area for which the association is established;

(b) for the appointment as members of the association by the Defence Council, of persons representing the Army Cadet Force, the Air Training Corps, the Combined Cadet Force and the Sea Cadet Corps;

(c) for the appointment as members of the association by the Defence Council, of persons representing employers, and persons employed, in the area for which the association is established;

(d) for the appointment of co-opted members;

(e) for dividing the area for which the association is established into two or more parts and for establishing sub-associations for any of the parts; and

(f) for delegating to a sub-association such of the powers and duties of the association as may be approved by the Defence Council and regulating the relations of a sub-association to the association and, where any association has established more than one sub-association, regulating the relations of one sub-association to another.

6 A scheme shall provide that of the chairman and the vice-chairman or vice-chairmen at least one shall be a naval or marine member of the association and at least one shall be a military member of the association and at least one an air force member of the association.

7 A scheme may contain any consequential, supplemental or transitory provisions which may appear to be necessary or expedient for the purposes of the scheme, and also as respects any matter for which provision may be made by regulations under Part XI and for which it appears desirable to make special provision affecting the association established by the scheme.

8 (1) A scheme for an association established for an area including or including any part of the counties of Kent, East Sussex and West Sussex may provide that the Lord Warden of the Cinque Ports shall ex-officio be a member of the association.

(2) A scheme for an association established for an area including or including any part of the counties of Devon and Cornwall may provide that the Warden of the Stannaries shall ex-officio be a member of the association.

9 (1) The Governor of the Isle of Wight shall ex-officio be a member of an association established for an area including the Isle of Wight.

(2) The Lieutenant-Governor of the Isle of Man shall ex-officio be a member of an association established for an area including the Isle of Man.

(3) The Lord Mayor of the City of London shall ex-officio be president of a sub-association established for the City of London.

10 In this Schedule--

"air force member" means one who is a member or former member of Her Majesty's air forces or who is specially qualified by his interest in and knowledge of matters relating to aviation;
"county" means, in relation to Wales, a preserved county (as defined by section 64 of the [1994 c. 19.] Local Government (Wales) Act 1994);
"marine member" means one who is a member or former member of the Royal Marines or the Royal Marines Reserve or who is specially qualified by his interest in and knowledge of matters affecting marine forces;
"military member" means one who is a member or former member of Her Majesty's military forces or who is specially qualified by his interest in and knowledge of military matters;
"naval member" means one who is a member or former member of the Royal Navy or the Royal Naval Reserve or who is specially qualified by his interest in and knowledge of naval matters.

Section 120.

SCHEDULE 5 Charitable property on disbanding of units

Part I Preliminary

Designation of successor to disbanded unit

1 (1) A warrant of Her Majesty may designate, for the purposes of this Schedule, any unit of a reserve force as the successor to any unit or other body of the same or any other reserve force which has been or is to be disbanded.

(2) The Secretary of State shall send a copy of any such warrant to--

(a) the Charity Commissioners;

(b) the Lord Advocate;

(d) a trustee of each charity in England and Wales or Northern Ireland, or a person concerned in the management or control of each recognised body, affected by the warrant by virtue of the following provisions of this Schedule.

(3) A copy of a warrant required to be sent under this paragraph may be sent by post; and any such copy shall be sent so as to arrive on or before the day on which the warrant comes into force and, in any event, not more than 14 days from the day on which the warrant is made.

General interpretation

2 In this Schedule--

"disbanded unit" means a unit for which a successor is designated under paragraph 1;
"charity" has the [1993 c. 10.] same meaning (in relation to England and Wales) as in theCharities Act 1993 and (in relation to Northern Ireland) as in the [1964 c. 33 (N.I.).] Charities Act (Northern Ireland) 1964;
"recognised body" has the same meaning as in Part I of the [1990 c. 40.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
"warrant" means a warrant making such a designation,

and references to disbandment of a body of a reserve force (however expressed) include references to its amalgamation with another unit or body.

Part II Succession to charitable property: England and Wales

Effect of designation of successor to disbanded unit

3 (1) On and after the day on which a warrant comes into force, any charitable property which is held for the purposes of the disbanded unit in question shall (subject to the provisions of this Part of this Schedule) be held for the corresponding purposes, or most nearly corresponding purposes, of the successor unit designated by the warrant.

(2) In this Part of this Schedule"charitable property" means any property belonging to a charity.

(3) The same jurisdiction and powers shall be exercisable in relation to any charity owning property to which sub-paragraph (1) applies as would be exercisable if that sub-paragraph were not a provision of an Act of Parliament regulating that charity.

Exclusion of charitable property from paragraph 3

4 (1) If the Charity Commissioners consider that paragraph 3(1) should not apply to all or any of the charitable property held for the purposes of a disbanded unit, they may make an order providing that paragraph 3(1) shall not apply or shall cease to apply to that property or part.

(2) An order under this paragraph may be made at any time within the period of 6 months beginning with the day on which the warrant is made.

5 (1) If a charity affected by a warrant or any trustee of, or person interested in, such a charity considers that paragraph 3(1) should not apply to all or any of the property held by the charity for the purposes of the disbanded unit in question, then the charity, trustee or person interested, as the case may be, may apply to the court for an order providing that paragraph 3(1) shall cease to apply to that property or part.

(2) An application under this paragraph--

(a) may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force; and

(b) is subject to subsections (2) to (5) of section 33 of the [1993 c. 10.] Charities Act 1993 (proceedings not to be begun without the consent of the Charity Commissioners or leave of a judge of the High Court),

and for the purposes of subsection (5) of that section an application for an order of the Commissioners authorising proceedings under this paragraph shall be deemed to be refused if it is not granted during the period of one month beginning with the day on which the application is received by the Commissioners.

(3) In this paragraph"the court" has the same meaning as in the Charities Act 1993.

Application of property otherwise than under paragraph 3

6 In any case where--

(a) the Secretary of State requests the Charity Commissioners to make provision with respect to any charitable property which is held for the purposes of a unit of a reserve force that has been or is to be disbanded; or

(b) an order is made under paragraph 4 or 5 excluding any charitable property so held from the operation of paragraph 3(1),

the Commissioners may, notwithstanding anything in subsection (4) of section 16 of the Charities Act 1993 (limit on jurisdiction to make schemes etc. for the protection of charities), exercise their jurisdiction under that section with respect to the property to which the request or order relates.

Validity of certain acts by trustees

7 Neither a warrant nor any order under paragraph 4 or 5 shall affect the validity of anything done or omitted with respect to any property affected by the warrant or order before a copy of the warrant or order is received by a trustee of the charity in question.

Saving for interests in property contingent on disbandment of unit

8 Nothing in this Part of this Schedule applies to any property held by a charity for the purposes of a unit that has been or is to be disbanded if, under the terms on which the property is so held--

(a) any interest of the charity in the property is determined on the disbanding of that unit; and

(b) any other person or charity has an interest in the property contingent upon the determination of the interest of the charity.

Part III Succession to charitable property: Scotland

Effect of designation of successor to disbanded unit

9 (1) On and after the day on which a warrant comes into force, any charitable property which is held for the purposes of the disbanded unit in question shall (subject to the provisions of this Part of this Schedule) be held for the corresponding purposes, or most nearly corresponding purposes, of the successor unit designated by the warrant.

(2) In this Part of this Schedule"charitable property" means any property belonging to a recognised body.

Exclusion of charitable property from paragraph 9

10 (1) If the Lord Advocate considers that paragraph 9 should not apply to all or any of the charitable property held for the purposes of a disbanded unit, he may give a direction providing that paragraph 9 shall not apply or shall cease to apply to that property or part.

(2) A direction under this paragraph may be given at any time during the period of 6 months beginning with the day on which the warrant is made.

11 (1) If a recognised body affected by a warrant or any person concerned in the management or control of, or interested in, such a body considers that paragraph 9 should not apply to all or any of the charitable property held by the recognised body for the purposes of the disbanded unit in question, then the recognised body, person concerned in its management or control or person interested, as the case may be, may apply by petition to the Court of Session for the court to make an order--

(a) providing that paragraph 9 shall cease to apply to that property or part; and

(b) exercising, with respect to that property or part, any of the court's powers relating to a charitable or other permanent endowment.

(2) On an application under sub-paragraph (1), the court may exercise any such power as is mentioned in sub-paragraph (1)(b) to make such order as it considers to be appropriate, whether or not that power would normally be exercisable at the instance of such a petitioner.

(3) An application under this paragraph may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force.

Power of Lord Advocate to apply to Court of Session

12 (1) Where a body of a reserve force has been or is to be disbanded, the Lord Advocate --

(a) if he has not given a direction under paragraph 9, may; and

(b) if he has given such a direction, shall,

apply by petition to the Court of Session for the court to make an order exercising, with respect to any charitable property which is held for the purposes of the disbanded unit, any of the court's powers relating to a charitable or other permanent endowment.

(2) On an application under sub-paragraph (1), the court may, subject to any such direction, exercise any such power to make such order as it considers to be appropriate, whether or not that power would normally be exercisable at the instance of the Lord Advocate.

Validity of certain acts

13 None of the following, that is to say, a warrant, a direction under paragraph 10 or an order under paragraph 11 or 12 shall affect the validity of anything done or omitted with respect to any property affected by the warrant, direction or order before a copy of the warrant, direction or order is received by a person concerned in the management or control of the recognised body in question.

Saving for interests in property contingent on disbandment of unit

14 Nothing in this Part of this Schedule applies to any property held by a recognised body for the purposes of a unit that has been or is to be disbanded if, under the terms on which the property is so held--

(a) any interest of the recognised body in the property is determined on the disbanding of that unit; and

(b) any other person or recognised body has an interest in the property contingent upon the determination of the interest of the recognised body.

Part IV Succession to charitable property: Northern Ireland

Effect of designation of successor to disbanded unit

15 (1) On and after the day on which a warrant comes into force, any charitable property which is held for the purposes of the disbanded unit in question and administered for those purposes according to the law of Northern Ireland shall (subject to the provisions of this Part of this Schedule) be held for the corresponding purposes, or most nearly corresponding purposes, of the successor unit designated by the warrant.

(2) In this Part of this Schedule"charitable property" means any property belonging to a charity.

Exclusion of charitable property from paragraph 15

16 (1) If the Department of Health and Social Services for Northern Ireland considers that paragraph 15(1) should not apply to all or any of the charitable property held for the purposes of a disbanded unit, that Department may make an order providing that paragraph 15(1) shall not apply or shall cease to apply to that property.

(2) An order under this paragraph may be made at any time during the period of 6 months beginning with the day on which the warrant is made.

17 (1) If a charity affected by a warrant or any trustee of, or person interested in, such a charity considers that paragraph 15(1) should not apply to all or any of the property held by the charity for the purposes of the disbanded unit in question, then the charity, trustee or person interested, as the case may be, may apply to the court for an order providing that paragraph 15(1) shall cease to apply to that property or part.

(2) An application under this paragraph--

(a) may be made at any time within the period of 6 months beginning with the day on which the warrant comes into force; and

(b) is subject to section 29(3) of the [1964 c. 33 (N.I.).] Charities Act (Northern Ireland) 1964 (under which an application for an order of the court in connection with the administration of a charity may not be made without the consent of the Attorney General for Northern Ireland).

(3) In this paragraph "the court" has the same meaning as in the [1964 c. 33 (N.I.).] Charities Act (Northern Ireland) 1964.

Application of property otherwise than under paragraph 15

18 In any case where--

(a) the Secretary of State requests the Department of Health and Social Services for Northern Ireland to make provision with respect to any charitable property held for the purposes of a unit of a reserve force which has been or is to be disbanded; or

(b) an order is made under paragraph 16 or 17 excluding any charitable property so held from the operation of paragraph 15(1),

the Department may, notwithstanding anything in subsection (1) of section 13 of the [1964 c. 33 (N.I.).] Charities Act (Northern Ireland) 1964 and irrespective of the value of the property in question, exercise its jurisdiction under that section with respect to the property to which the request or order relates.

Validity of certain acts by trustees

19 Neither a warrant nor any order under paragraph 16 or 17 shall affect the validity of anything done or omitted with respect to any property affected by the warrant or order before a copy of the warrant or order is received by a trustee of the charity in question.

Saving for interests in property contingent on disbandment of unit

20 Nothing in this Part of this Schedule applies to any property held by a charity for the purposes of a unit which has been or is to be disbanded if, under the terms on which the property is so held--

(a) any interest of the charity in the property is determined on the disbanding of that unit; and

(b) any other person or charity has an interest in the property contingent upon the determination of the interest of the charity.

Section 121(1).

SCHEDULE 6 Amendments to the Reserve Forces Act 1980 relating to the lieutenancies

1 Part VI of the [1980 c. 9.] Reserve Forces Act 1980 (the lieutenancies) shall be amended as follows.

2 In section 133 (deputy lieutenants)--

(a) in subsection (2), the words "to the satisfaction of the Secretary of State" and "in the Secretary of State's opinion" shall cease to have effect;

(b) at the end of subsection (4) there shall be added the words "; but the commission may be revoked by the lord-lieutenant of the county or area.";

(i) the words from "(at" to "rate)" shall cease to have effect;

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