Reserve Forces Act 1996

Part IIApplication of Act to members of the transitional class

6The 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.

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

11In 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.

13In 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.

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

15In 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.

16An 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.

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

18Part VI does not apply to transitional members.

19Regulations 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.

20In 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.

21In 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.

22In 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.

23In 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.

24In 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.