Reserve Forces Act 1996

70Recall of persons on authority of recall order

(1)Where a recall order is in force, the Secretary of State may recall any person who is liable to be recalled on the authority of that order by serving a notice on him requiring him—

(a)to present himself for service at a specified time and place; and

(b)to remain at that place until he is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.

(2)A recall notice shall also require the person concerned, if he fails to comply with the requirements mentioned in subsection (1)—

(a)to present himself for service to any person specified in the notice or to any other authorised officer; and

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

(3)A recall notice served on a person shall specify—

(a)the person to whom it applies;

(b)the recall order which authorises his recall; and

(c)the time and place at which the person is to present himself for service under that order;

and it may also specify places and times at which and persons to whom that person may present himself for service if he fails to comply with the requirement to present himself at the time and place specified in paragraph (c) of this subsection.

(4)A recall notice served on a person may—

(a)be varied by the Secretary of State by serving a variation notice on him;

(b)be revoked by the Secretary of State by serving a revocation notice or a subsequent recall notice on him.

(5)A recall notice served on any person shall (without affecting any liability arising from a failure to comply with the notice) cease to have effect, if not revoked sooner, when—

(a)an order under section 68(7) is made; or

(b)the person concerned is either accepted into service or informed that he is not to be accepted into service in pursuance of the notice.

(6)The making of an order under section 68(5) shall not affect the power of the Secretary of State to vary a recall notice served before the order is made.

(7)A notice under this section may be served on a person by delivering it to him or by leaving it at, or sending it by post to, his last known address; and any recall or variation notice delivered to that address by registered post or recorded delivery shall be deemed to have been served on him.

(8)No steps may be taken against a person in respect of failure to comply with a recall notice under this section unless the notice or, as the case may be, any variation notice, was received by him or is deemed to have been served on him by virtue of subsection (7).