SCHEDULES
SCHEDULE 9 Application of Act to F1members of transitional classes
F2Part 3The second transitional class of members of the reserve forces
Sch. 9 Pts. 3, 4 inserted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 4(7) (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)
25
1
The second transitional class consists of persons who—
a
are members of a reserve force,
b
are not, and have not been, members of the original transitional class,
c
for the time being fall within paragraph 26 or 27, and
d
have not made an election under paragraph 28.
2
In this Part of this Schedule “the appointed day” means the day on which paragraph 4(7) of Schedule 6 to the Defence Reform Act 2014 (which inserts this Part of this Schedule) comes into force.
26
A person who, immediately before the appointed day, was a member of a reserve force falls within this paragraph if—
a
the person has remained a member of that force without interruption since that time, and
b
the person has not extended his or her service in, or become an officer of, that force since that time.
27
A person 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
the person joined the regular services before the appointed day and did not re-enlist, re-engage or extend his or her service, or become an officer, in the regular services on or after that day,
b
the person has remained a member of the reserve force concerned without interruption since being transferred from the regular services, and
c
the person has not extended his or her service in, or become an officer of, that force since being so transferred.
28
1
A person who is a member of the second transitional class may elect to cease to be a member of that class.
2
A person 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 or her service, or become an officer, on or after that day,
may at any time elect not to become a member of the second transitional class on transfer to the reserve.
3
An election under this paragraph must be made in the prescribed manner.
4
A person who has made an election under sub-paragraph (1) ceases to be a member of the second transitional class.
5
A person who has made an election under sub-paragraph (2) does not become a member of the second transitional class.
6
An election under this paragraph is irrevocable.
Words in Sch. 9 heading substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 50(1), Sch. 6 para. 5 (with s. 49(4), Sch. 7 para. 12(3)); S.I. 2014/2370, art. 4(b)