Reserve Forces Act 1980

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F1SCHEDULE 3U.K.

EnlistmentU.K.

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Procedure on attestationU.K.

2(1)The recruiting officer shall warn the person to be enlisted 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.

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

(3)He shall then ask that person 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.

(4)Upon signing the declaration and taking the oath the said person shall become a man of the [F2Regular Reserve] , the Air Force Reserve, the [F3Army Reserve] or the Royal Auxiliary Air Force, as the case may be.

(5)The recruiting 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 by regulations of the Defence Council.

(6)When in accordance with the regulations 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 enlistmentU.K.

3(1)Where a person has signed the declaration required by paragraph 2 above (and in the case of either the [F2Regular Reserve] or the Air Force Reserve has thereafter received pay as a person of one of those reserves)—

(a)the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper;

(b)if within 3 months from the date on which he signed the declaration he claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistment or attestation, or 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;

(c)if—

(i)when he signed the declaration he had not attained the appropriate minimum age, and

(ii)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 1(3) above but who did not duly consent, claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistment or attestation, or 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;

(d)subject to the provisions of paragraphs (b) and (c) above, he shall be deemed as from the expiry of the said 3 months to have been validly enlisted notwithstanding any such non-compliance or other grounds as aforesaid;

(e)notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim in pursuance of paragraph (b) or paragraph (c) above, he shall be deemed to be a man of the [F2Regular Reserve] , the Air Force Reserve, the [F3Army Reserve] , or the Royal Auxiliary Air Force, as the case may be, until his discharge.

(2)Where a person has received pay as a man of the [F2Regular Reserve] or the Air Force Reserve, as the case may be, without having previously signed the declaration required by paragraph 2, then—

(a)he shall be deemed to be a man of the [F2Regular Reserve] or the Air Force Reserve, as the case may be, until discharged;

(b)he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as may be to the Defence Council, who shall cause him to be discharged with all convenient speed.

(3)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 papersU.K.

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Evidence as to attestation papersU.K.

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Interpretation of Schedule 3U.K.

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