Reserve Forces Act 1996 (c. 14)

(The document as of February, 2008)

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

(ii) after the words "London Gazette" there shall be inserted the words "or the Edinburgh Gazette"; and

(iii) the words from "in like manner" to the end shall cease to have effect.

3 In section 135 (vice lord-lieutenants), after subsection (1) there shall be inserted the following subsections--

" (1A) The commission of a vice lord-lieutenant may, with Her Majesty's approbation, be revoked by the lord-lieutenant of the county or area.

(1B) Where the person who appointed a vice lord-lieutenant dies or otherwise ceases to be lord-lieutenant, the commission of the vice lord-lieutenant shall not be vacated until a new lord-lieutenant is appointed. "

4 In section 136 (removal of vice lord-lieutenant and deputy lieutenants), paragraph (b) (and the word "and" immediately preceding it) shall cease to have effect.

5 In section 137 (statutory functions)--

(a) in subsection (1)--

(i) after the word "lord-lieutenant" (in both places) there shall be inserted the word ", lieutenants";

(ii) for the words from "jurisdiction" to "are" there shall be substituted the words "functions and privileges (whether provided for under any enactment or otherwise) as are for the time being exercisable by or"; and

(iii) the words from "area" (in the second place it appears) shall cease to have effect;

(b) in subsection (2), the words from "and appoint" to the end shall cease to have effect.

Section 126.

SCHEDULE 7 Postponement of transfer to the reserve or discharge from the regular services

The Army

1 (1) Sections 9 (postponement of transfer to the reserve or discharge) and 10 (continuation of army service in imminent national danger) of the [1955 c. 18.] Army Act 1955 shall be amended as follows.

(2) For subsections (1) to (4) of section 9 there shall be substituted the following subsections--

" (1) This section applies to a soldier of the regular forces if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve.

For the purposes of this section,"the relevant date", in relation to a soldier, means the date on which he would, apart from this section, fall to be transferred to the reserve or he would be entitled to be discharged, as the case may be.

(1A) A soldier to whom this section applies may be retained in army service after the relevant date in accordance with this section for such period as the competent military authority may order, and his service may be prolonged accordingly.

(1B) The period for which a soldier may be retained in service after the relevant date by virtue of this section shall be limited as follows, that is to say--

(a) a soldier who would otherwise have fallen to be transferred to the reserve may not be retained for longer than the period for which, if the assumptions mentioned in subsection (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or

(b) a soldier who would otherwise have been discharged may not be retained for longer than twelve months;

and a soldier who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.

(1C) The assumptions to be made in relation to a soldier for the purposes of subsection (1B)(a) above are that--

(a) he was transferred to the reserve in time to be called out for permanent service starting on the relevant date; and

(b) he was so called out on the authority of the call-out order which justified his retention in service. "

(3) After subsection (6) of section 9 there shall be inserted the following subsection--

" (6A) Where a soldier is retained in service by virtue of this section but would otherwise have fallen to be transferred to the reserve--

(a) any period for which he is liable to serve in the reserve after the completion of his army service shall be reduced by the period for which he is so retained; and

(b) the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996. "

(4) In subsection (1) of section 10, for the words from "men" to the end there shall be substituted the words "a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the reserve is in force".

2 The [1955 c. 18.] Army Act 1955 shall continue to apply without the amendments made by paragraph 1 in relation to any soldier who is in service immediately before the date on which that paragraph comes into force unless--

(a) he re-enters, re-engages or extends his army service after that day; or

(b) he elects irrevocably in such manner as may be prescribed to be a person to whom that Act shall apply with those amendments.

The Royal Marines

3 (1) Paragraphs 4A (postponement of transfer to Royal Fleet Reserve or discharge) and 4B (continuation of service in Royal Marines in imminent national danger) of Schedule 7 to the Army Act 1955 (provisions as to Royal Marines) shall be amended as follows.

(2) For sub-paragraphs (1) to (4) of paragraph 4A there shall be substituted the following sub-paragraphs--

" (1) This paragraph applies to a marine serving in the Royal Marines if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.

For the purposes of this paragraph, "the relevant date", in relation to a marine, means the date on which he would, apart from this paragraph, fall to be transferred to the Royal Fleet Reserve or he would be entitled to be discharged, as the case may be.

(1A) A marine to whom this paragraph applies may be retained in service in the Royal Marines after the relevant date in accordance with this paragraph for such period as the competent authority may order, and his service may be prolonged accordingly.

(1B) The period for which a marine may be retained in service after the relevant date by virtue of this paragraph shall be limited as follows, that is to say--

(a) a marine who would otherwise have fallen to be transferred to the Royal Fleet Reserve may not be retained for longer than the period for which, if the assumptions mentioned in sub-paragraph (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or

(b) a marine who would otherwise have been discharged may not be retained for longer than twelve months;

and a marine who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the Royal Fleet Reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.

(1C) The assumptions to be made in relation to a marine for the purposes of sub-paragraph (1B)(a) above are that--

(a) he was transferred to the Royal Fleet Reserve in time to be called out for permanent service starting on the relevant date; and

(b) he was so called out on the authority of the call-out order which justified his retention in service. "

(3) After sub-paragraph (6) of paragraph 4A there shall be inserted the following sub-paragraph--

" (6A) Where a marine is retained in service by virtue of this paragraph but would otherwise have fallen to be transferred to the Royal Fleet Reserve--

(a) any period for which he is liable to serve in the Royal Fleet Reserve after the completion of his service in the Royal Marines shall be reduced by the period for which he is so retained; and

(b) the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996. "

(4) Sub-paragraph (8) of paragraph 4A shall cease to have effect.

(5) In sub-paragraph (1) of paragraph 4B, for the words from "men" to the end there shall be substituted the words "a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the Royal Fleet Reserve is in force".

4 The [1955 c. 18.] Army Act 1955 shall continue to apply without the amendments made by paragraph 3 in relation to any marine who is in service immediately before the date on which that paragraph comes into force unless--

(a) he re-enters, re-engages or extends his service in the Royal Marines after that day; or

(b) he elects irrevocably in such manner as may be prescribed to be a person to whom that Act shall apply with those amendments.

The Royal Air Force

5 (1) Sections 9 (postponement of transfer to the reserve or discharge) and 10 (continuation of air-force service in imminent national danger) of the [1955 c. 19.] Air Force Act 1955 shall be amended as follows.

(2) For subsections (1) to (4) of section 9 there shall be substituted the following subsections--

" (1) This section applies to an airman of the regular air force if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve.

For the purposes of this section, "the relevant date", in relation to an airman, means the date on which he would, apart from this section, fall to be transferred to the reserve or he would be entitled to be discharged, as the case may be.

(1A) An airman to whom this section applies may be retained in air-force service after the relevant date in accordance with this section for such period as the competent air-force authority may order, and his service may be prolonged accordingly.

(1B) The period for which an airman may be retained in service after the relevant date by virtue of this section shall be limited as follows, that is to say--

(a) an airman who would otherwise have fallen to be transferred to the reserve may not be retained for longer than the period for which, if the assumptions mentioned in subsection (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or

(b) an airman who would otherwise have been discharged may not be retained for longer than twelve months;

and an airman who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.

(1C) The assumptions to be made in relation to an airman for the purposes of subsection (1B)(a) above are that--

(a) he was transferred to the reserve in time to be called out for permanent service starting on the relevant date; and

(b) he was so called out on the authority of the call-out order which justified his retention in service. "

(3) After subsection (6) of section 9 there shall be inserted the following subsection--

" (6A) Where an airman is retained in service by virtue of this section but would otherwise have fallen to be transferred to the reserve--

(a) any period for which he is liable to serve in the reserve after the completion of his air-force service shall be reduced by the period for which he is so retained; and

(b) the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996. "

6 The [1955 c. 19.] Air Force Act 1955 shall continue to apply without the amendments made by paragraph 5 in relation to any airman who is in service immediately before the date on which that paragraph comes into force unless--

(a) he re-enters, re-engages or extends his air-force service after that day; or

(b) he elects irrevocably in such manner as may be prescribed to be a person to whom that Act shall apply with those amendments.

The Royal Navy

7 (1) Sections 4 (postponement of transfer to Royal Fleet Reserve or discharge) and 5 (continuation of service in Royal Navy in imminent national danger) of the [1966 c. 45.] Armed Forces Act 1966 shall be amended as follows.

(2) For subsections (1) to (4) of section 4 there shall be substituted the following subsections--

" (1) This section applies to a rating if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the Royal Fleet Reserve.

For the purposes of this section, "the relevant date", in relation to a rating, means the date on which he would, apart from this section, fall to be transferred to the Royal Fleet Reserve or he would be entitled to be discharged, as the case may be.

(1A) A rating to whom this section applies may be retained in service in the Royal Navy after the relevant date in accordance with this section for such period as the competent authority may order, and his service may be prolonged accordingly.

(1B) The period for which a rating may be retained in service after the relevant date by virtue of this section shall be limited as follows, that is to say--

(a) a rating who would otherwise have fallen to be transferred to the Royal Fleet Reserve may not be retained for longer than the period for which, if the assumptions mentioned in subsection (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or

(b) a rating who would otherwise have been discharged may not be retained for longer than twelve months;

and a rating who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the Royal Fleet Reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.

(1C) The assumptions to be made in relation to a rating for the purposes of subsection (1B)(a) above are that--

(a) he was transferred to the Royal Fleet Reserve in time to be called out for permanent service starting on the relevant date; and

(b) he was so called out on the authority of the call-out order which justified his retention in service. "

(3) After subsection (6) of section 4 there shall be inserted the following subsection--

" (6A) Where a rating is retained in service by virtue of this section but would otherwise have fallen to be transferred to the Royal Fleet Reserve--

(a) any period for which he is liable to serve in the Royal Fleet Reserve after the completion of his service in the Royal Navy shall be reduced by the period for which he is so retained; and

(b) the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996. "

(4) Subsection (9) of section 4 shall cease to have effect.

(5) In subsection (1) of section 5, for the words from "men" to the end there shall be substituted the words "a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the Royal Fleet Reserve is in force".

8 The [1966 c. 45.] Armed Forces Act 1966 shall continue to apply without the amendments made by paragraph 7 in relation to any rating who is in service immediately before the date on which that paragraph comes into force unless--

(a) he re-enters, re-engages or extends his service in the Royal Navy after that day; or

(b) he elects irrevocably in such manner as may be prescribed to be a person to whom that Act shall apply with those amendments.

Section 128.

SCHEDULE 8 Transitory and transitional provisions

Existing members of the reserve forces

1 (1) Nothing in section 2 shall prevent a person who, immediately before the day on which that section comes into force, is a man of a reserve force from continuing as a man of that force.

(2) If men of the Air Force Reserve are transferred to the Royal Auxiliary Air Force under paragraph 7(2) after the day on which section 2 comes into force, nothing in that section shall prevent them continuing as men of the Royal Auxiliary Air Force.

Royal Fleet Reserve

2 (1) The Royal Fleet Reserve shall cease to be maintained as a division of the Royal Naval Reserve and shall, accordingly, be a separate reserve force.

(2) Sub-paragraph (1) does not affect the continuity of membership of the Royal Fleet Reserve.

3 Any reference in any enactment or other instrument to the Royal Naval Reserve which, immediately before the commencement of paragraph 2(1), included a reference to the Royal Fleet Reserve shall continue to have effect as if it included a reference to the Royal Fleet Reserve.

The special class of the Royal Fleet Reserve

4 (1) The special class of the Royal Fleet Reserve existing by virtue of sections 2 and 57 of the [1980 c. 9.] Reserve Forces Act 1980 may continue in existence subject to sub-paragraphs (2) and (3) of this paragraph.

(2) No man, after the commencement of this paragraph--

(a) may on entering or re-engaging in the Royal Fleet Reserve or during a term of service in that force, be entered in or transferred to the special class or undertake the liability for service in that class; or

(b) may be transferred to that class otherwise than as mentioned in section 57(2) and section 58 of the Reserve Forces Act 1980.

(3) Persons in the special class immediately before the commencement of this paragraph shall continue in that class (subject to the provisions of the [1980 c. 9.] Reserve Forces Act 1980) until the end of their terms of service as mentioned in section 57(3) of that Act.

(4) A member of the special class who elects to be subject to Part VI of this Act shall cease to be a member of that class and shall become subject to the provisions of that Part.

(5) A person liable under the Reserve Forces Act 1980 to serve in the special class on transfer to the reserve who elects to be subject to Part VI of this Act shall cease to be liable to serve in that class.

5 If it appears to the Secretary of State that--

(a) the special class of the Royal Fleet Reserve has no members; and

(b) no person remains liable to serve in that class on transfer to the reserve,

the Secretary of State may by order made by statutory instrument repeal section 2(3) and (4), section 57 and section 58 of the Reserve Forces Act 1980.

Home Service Force

6 Section 6 of the Reserve Forces Act 1980 shall cease to have effect.

Royal Air Force Volunteer Reserve

7 (1) Her Majesty may continue to maintain a force known as the Royal Air Force Volunteer Reserve as a division of the Air Force Reserve.

(2) On a day appointed by the Secretary of State by order, any officers or men of the Royal Air Force Volunteer Reserve who, immediately before that day, fall within any description of member specified in the order shall cease to be members of the Air Force Reserve and become members of the Royal Auxiliary Air Force.

(3) An order under sub-paragraph (2) may describe the members who are to be transferred by reference to the unit or part of the Royal Air Force Volunteer Reserve to which they belong or by reference to any other criterion.

Reserves of Officers

8 (1) On a day appointed by the Secretary of State by order officers of the retired list of the Royal Navy and officers of the emergency list of the Royal Navy shall become members of the Royal Fleet Reserve.

(2) On a day appointed by the Secretary of State by order officers of the retired list of the Royal Marines and officers of the emergency list of the Royal Marines shall become members of the Royal Fleet Reserve.

9 On a day appointed by the Secretary of State by order, the members of the Regular Army Reserve of Officers shall become members of the Army Reserve.

Training of existing members of the Royal Auxiliary Air Force

10 Section 41(1) of the [1980 c 9.] Reserve Forces Act 1980 shall apply, in relation to any person who may be required to undergo training under that section, with the omission of the words "within the United Kingdom".

Effect of transfers under this Schedule

11 (1) Any officers transferred to a reserve force under paragraph 7(2), 8 or 9 shall continue to serve in that force on the same conditions as they served immediately before their transfer.

(2) Any men transferred to the Royal Auxiliary Air Force under paragraph 7(2) shall serve for the same term and on the same conditions as they served in the Air Force Reserve.

(3) Anything done by or to any such officer or man before his transfer shall be treated so far as is necessary on and after that day as if it had been done by or to a member of the reserve force to which he was transferred.

(4) If any such officer or man is transferred to a reserve force on or after the day appointed for the purposes of Part I of Schedule 9--

(a) he shall be regarded for the purposes of paragraph 2 of that Schedule as if he had been a member of that force since immediately before the appointed day;

(b) the references in that paragraph to "that time" shall be taken to refer to the time at which he was transferred to the reserve force.

Parliamentary control

12 A determination by Parliament of the permitted numbers of officers or men for any reserve force under any provision of Part I of the [1980 c. 9.] Reserve Forces Act 1980 shall have effect as a determination under section 3 of this Act.

Section 129.

SCHEDULE 9 Application of Act to transitional members

Part I The transitional class of members of the reserve forces

1 (1) The transitional class consists of persons who--

(a) are members of a reserve force;

(b) for the time being fall within paragraph 2 or 3; and

(2) In this Schedule"transitional member" means a member of a reserve force who for the time being is a member of the transitional class; and"transitional officer" and"transitional man" shall be construed accordingly.

(3) In this Part of this Schedule"the appointed day" means such day as the Secretary of State may by order made by statutory instrument appoint for the purposes of this Part of this Schedule.

2 A person who, immediately before the appointed day, was an officer or man of a reserve force falls within this paragraph if--

(a) he has remained a member of that force without interruption since that time; and

(b) he has not extended his service in, or become an officer of, that force since that time.

3 An officer or man who becomes a member of a reserve force on or after the appointed day, on transfer to the reserve from the regular services, falls within this paragraph if--

(a) he joined the regular services before the appointed day and did not re-enlist, re-engage or extend his service, or become an officer, in the regular services on or after that day;

(b) he has remained a member of the reserve force concerned without interruption since being transferred from the regular services; and

4 (1) A person who is a transitional member of a reserve force by virtue of paragraph 2 or 3 may elect to cease being a transitional member.

(2) An officer or man serving in the regular services who--

(a) joined those services before the appointed day; and

(b) has not re-enlisted, re-engaged or extended his service, or become an officer, on or after that day,

may elect not to be a transitional member on his transfer to the reserve.

(3) An election under this paragraph is irrevocable and must be made in the prescribed manner.

(4) A person who has made an election under this paragraph shall cease to be or, as the case may be, shall not become a transitional member of the reserve force concerned.

5 (1) In this Part of this Schedule "man", in relation to the regular services, means a person of or below the rank or rate of warrant officer.

(2) A person in permanent service on recall (whether under the [1980 c. 9.] Reserve Forces Act 1980 or, in the case of an officer, otherwise than under this Act) shall not be regarded for the purposes of this Part of this Schedule as serving in the regular services.

Part II Application of Act to members of the transitional class

6 The provisions of this Act (other than section 129 and this Schedule) apply in relation to members of the transitional class in accordance with this Part of this Schedule.

7 (1) Any reference in this Act to a reserve force, to two or more of the reserve forces or to all the reserve forces shall, unless the context otherwise requires, be construed as a reference to the whole of the force, or of each force, concerned, including any transitional members.

(2) Any reference in this Act to members, officers or men of a reserve force includes, unless the context otherwise requires, a reference to members, officers or men who are transitional members.

(3) This paragraph has effect subject to the exceptions and modifications in the following provisions of this Part of this Schedule.

8 (1) In the application of section 17(1) to a transitional man, the reference to permanent service includes a reference to permanent service under the Reserve Forces Act 1980.

(2) Section 17(2), (3) and (4) do not apply to transitional men.

9 (1) In the application of sections 18, 20 and 21 to a transitional man, the reference to permanent service includes a reference to permanent service under the Reserve Forces Act 1980.

(2) In the application of section 21 to a transitional man of the Royal Fleet Reserve, the reference to training and other duties includes a reference to training or other duties in pursuance of any provision of the Reserve Forces Act 1980.

10 Section 22 does not apply to transitional members of a reserve land, air or marine force.

11 In the application of section 24 to a transitional member who has entered into a full-time service commitment--

(a) for the reference in subsection (7) to permanent service under Part VI there shall be substituted a reference to permanent service on call out under the [1980 c. 9.] Reserve Forces Act 1980 or, as the case may be, under any other call-out obligations of an officer; and

(b) for the reference in subsection (8) to training under section 22 there shall (except in the case of a member of a reserve naval force) be substituted a reference to training required under the Reserve Forces Act 1980 or, as the case may be, under any other training obligations of an officer.

12 (1) Transitional members may (subject to the provisions of this Act) enter into a special agreement or an employee agreement; and Parts IV and V apply accordingly.

(2) Transitional members of a reserve force do not lose their status as transitional members by virtue of either becoming special members of the force or (where they continue as ordinary members under section 42) ceasing to be special members of the force.

13 In the application of section 31(1) to a special agreement entered into by a transitional member, for the reference in paragraph (d) to permanent service under Part VI there shall be substituted a reference to permanent service under the Reserve Forces Act 1980 or, as the case may be, under any other call-out obligations of an officer.

14 In the application of section 34(5) to transitional members, the reference in paragraph (b) to section 57(11) shall be omitted.

15 In the application of section 40(5) to a transitional special member--

(a) for the reference to section 22 there shall (except in the case of a member of a reserve naval force) be substituted a reference to the corresponding provision of the Reserve Forces Act 1980 or, as the case may be, of any other training obligations of an officer;

(b) for the reference to Part VI there shall be substituted a reference to the corresponding provisions of the Reserve Forces Act 1980 or, as the case may be, of any other call-out obligations of an officer.

16 An order may be made under section 41(6) suspending the operation of section 41(1)(c) in relation to transitional special members, notwithstanding that Part VI does not apply to transitional members.

17 In the application of section 45(5) to transitional members, the reference in paragraph (b) to section 57(11) shall be omitted.

18 Part VI does not apply to transitional members.

19 Regulations under section 78, 83 or 84 may make provision, in relation to transitional members liable to be called out under--

(a) the Reserve Forces Act 1980, or

(b) any other call-out obligations of officers,

corresponding to the provision which may be made in regulations under that section in relation to members of the reserve forces liable to be called out under Part VI of this Act.

20 In the application of section 96(1) to a transitional member--

(a) the reference to any provision of this Act includes a reference to any provision of the [1980 c. 9] Reserve Forces Act 1980 or, as the case may be, of any other call-out obligations of an officer; and

(b) for the reference in paragraph (a) to section 58(3)(c) there shall be substituted a reference to the corresponding provision of that Act or those obligations.

21 In the application of section 97(2) to a transitional member, for the reference to section 22 there shall (except in the case of a member of a reserve naval force) be substituted a reference to the corresponding provision of the Reserve Forces Act 1980 or, as the case may be, of any other training obligations of an officer.

22 In the application of section 102(2) to transitional members--

(a) the reference in paragraph (a) to any provision of this Act includes a reference to the corresponding provision of the Reserve Forces Act 1980 or, as the case may be, of any other call-out obligations of an officer;

(b) the reference in paragraph (d) to training includes (except in the case of members of a reserve naval force) a reference to the corresponding training required under the Reserve Forces Act 1980 or, as the case may be, under any other training obligations of an officer.

23 In the application of section 123(1) to a transitional man, the reference to permanent service includes a reference to permanent service under the Reserve Forces Act 1980.

24 In the application of section 125 to a transitional member, the reference to permanent service includes a reference to permanent service under the Reserve Forces Act 1980 or, as the case may be, under any other call-out obligations of an officer.

Section 131(1).

SCHEDULE 10 Minor and consequential amendments

Army Act 1955 (c. 18)

1 (1) Section 205(1) (persons subject to military law) of the Army Act 1955 shall be amended as follows.

(2) For paragraph (e) there shall be substituted the following paragraphs--

" (e) every officer of the Territorial Army who is not a special member;

(ea) every officer of the Territorial Army who is a special member when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not);

(eb) every officer of the army reserve when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve; " .

(3) In paragraph (g) for the words from "called" to the end there shall be substituted the words "in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve;".

(4) In paragraph (h) for the words from "embodied" to "parades" there shall be substituted the words "in permanent service, in full-time service, called out for home defence service or undertaking any training or duty".

2 At the end of section 205 of that Act there shall be inserted the following subsection--

" (4) In this section--

"full-time service" means service under a commitment entered into under section 24 of the Reserve Forces Act 1996;
"permanent service" means permanent service on call out under any provision of the Reserve Forces Act 1980, the Reserve Forces Act 1996 or any other call-out obligations of an officer; and
"special member" has the same meaning as in the Reserve Forces Act 1996. "

3 (1) Section 210(2) (application of section 205 to Royal Marines) of that Act shall be amended as follows.

(2) After paragraph (a) there shall be inserted the following paragraph--

" (aa) any reference to an officer of the army reserve shall be construed as including a reference to an officer of the Royal Marines Reserve or a marine officer of the Royal Fleet Reserve; " .

(3) For paragraph (b) there shall be substituted the following paragraphs--

" (b) any reference to a warrant officer, non-commissioned officer or man of the army reserve shall be construed as including a reference to a warrant officer, non-commissioned officer or a marine of the Royal Marines Reserve and to a marine warrant officer or non-commissioned officer or a marine of the Royal Fleet Reserve; and

(ba) any reference to the permanent staff of the army reserve shall be construed as including a reference to the permanent staff of the Royal Marines Reserve or the Royal Fleet Reserve. "

4 In section 210(3) of that Act, for the words "the Royal Marines Reserve or" there shall be substituted the words "or the Royal Marines Reserve and a marine officer, marine warrant officer or non-commissioned officer or a marine of".

5 In section 210(4) of that Act, for the word "or" there shall be substituted the words "and to marine officers, marine warrant officers or non-commissioned officers and marines of".

6 After subsection (5) of section 210 of that Act there shall be inserted the following subsection--

" (6) For the purposes of this section references to marine warrant officers or non-commissioned officers and marines of the Royal Fleet Reserve shall be construed as references to persons who were transferred to that force from the Royal Marines or who enlisted in that force as marines. "

7 (1) Section 211 (application of Act to reserve forces) of that Act shall be amended as follows.

(2) In subsection (1)--

(a) in paragraph (a), for the words "any reserve of officers" there shall be substituted the words "the army reserve"; and

(b) for paragraph (b) there shall be substituted the following paragraph--

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