Reserve Forces Act 1980

DischargeU.K.

F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F1S. 98 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

F299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F2S. 99 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2

100 Postponement of discharge: [F3Army Reserve] and Royal Auxiliary Air Force.U.K.

(1)Where the time at which a man of the [F3Army Reserve] or the Royal Auxiliary Air Force would otherwise be entitled to be discharged occurs during a period of emergency, he may be required to prolong his service for such further term, not exceeding 12 months, as the Defence Council or an officer designated by them may order.

(2)A man shall not during a period of emergency be entitled to be discharged under [F4section 16(2)(a) of the Reserve Forces Act 1996].

(3)In this section the expression “period of emergency” means—

(a)in relation to a man of the [F3Army Reserve] , any period while an order under [F5section 52(1)(a) of the Reserve Forces Act 1996] is in force [F5authorising members of] the [F6Regular Reserve] to be called out for permanent service;

(b)in relation to a man of the Royal Auxiliary Air Force, any period—

(i)while an order under [F5section 52(1)(a) of the Reserve Forces Act 1996]is in force [F5authorising members of] the Air Force Reserve to be called out for permanent service; or

(ii)while the man in question is called out for home defence service.

Textual Amendments

F4Words in s. 100(2) substituted (1.4.1997) by S.I. 1997/306, reg. 24(2)

F5Words in s. 100(3) substituted (1.4.1997) by S.I. 1997/306, reg. 24(3)(a)(b)

101 Postponement of discharge: [F3Army Reserve] .U.K.

(1)A man of the [F3Army Reserve] who is a person to whom section 11 above applies shall not be entitled to be discharged under [F7section 16(2)(a) of the Reserve Forces Act 1996] during any period while an order is in force under [F7section 54 of the Reserve Forces Act 1996 authorising the call-out of members of the [F3Army Reserve]] .

(2)Subsections (1) and (2) of section 100 above shall have effect, in relation to a man who enlists or re-engages in the [F3Army Reserve] on or after 1st April 1967, as if the period of emergency within the meaning of that section included any period while he is called out for home defence service.

Textual Amendments

F7Words in s. 101(1) substituted (1.4.1997) by S.I. 1997/306, reg. 25(2)

F8102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F8S. 102 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2