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Part VIIRecall for service of officers and former servicemen

Power to authorise recall

68Recall for national danger, great emergency or attack on the UK

(1)Her Majesty may make an order authorising the recall under this Part of persons to whom section 66 applies—

(a)if it appears to Her that national danger is imminent or that a great emergency has arisen; or

(b)in the event of an actual or apprehended attack on the United Kingdom.

(2)A recall order authorises, subject to subsection (3), the recall of any person to whom section 66 applies or, if the order is so limited, any such person who is of a description specified in the order.

(3)A recall order does not authorise the recall of any person to whom section 66 applies who is not liable to be recalled under the order by virtue of regulations made by virtue of section 73 or an exemption granted on an application under regulations under section 79.

(4)A recall order shall have effect (subject to any order under subsection (5)) until it is revoked.

(5)Her Majesty may make an order providing that any recall order shall cease to authorise the recall of any person who is not in service under the order.

(6)An order under subsection (5) shall not affect the operation of any recall notice which is served on any person on the authority of the recall order concerned before the day on which the order under that subsection is made.

(7)Her Majesty may make an order revoking any recall order (whether or not its effect has already been limited by an order under subsection (5)).

(8)Where an order under subsection (7) revoking a recall order is made—

(a)the recall order shall cease to authorise the recall of anyone who could otherwise be recalled on the authority of the recall order (including anyone served with a recall notice before the order under subsection (7) is made who has not been accepted into service); and

(b)anyone in service under the recall order shall be entitled to be released or discharged from that service.

(9)A recall order, or an order under subsection (5) or (7), shall be signified under the hand of the Secretary of State and the making of any such order shall be reported forthwith to each House of Parliament.

(10)If, when a recall order is made, Parliament is separated by an adjournment or prorogation which will not expire within 5 days—

(a)a proclamation shall be issued for the meeting of Parliament within 5 days; and

(b)Parliament shall meet and sit upon the day appointed by the proclamation and shall continue to sit and act as if it had stood adjourned or prorogued to that day.