Army Act 1955 (repealed)

4A(1)Where, at the time at which, apart from this paragraph, a marine serving in the Royal Marines would beentitled to be discharged, or would fall to be transferred to the Royal Fleet Reserve, either—

(a)a state of war exists between Her Majesty and any foreign power; or

(b)warlike operations are in preparation or in progress; or

(c)men of the Royal Fleet Reserve are called into actual service; or

(d)he is serving outside the United Kingdom,

he may be retained in service in the Royal Marines for such period as is hereinafter mentioned, andhis service may be prolonged accordingly.

An exercise, by virtue of paragraph (b) above, of the power conferred by this sub-paragraph shall bereported to Parliament forthwith.

(2)No person shall be retained in service in the Royal Marines by virtue of this paragraph later than theexpiration of twelve months after the date on which, apart from this paragraph, he would be entitled to bedischarged.

(3)Subject to the provisions of the last foregoing sub-paragraph, any person who, apart from thisparagraph, would be entitled to be discharged may be retained in service in the Royal Marines for suchperiod as the competent authority may order.

(4)Subject as aforesaid, a person who, apart from this paragraph, would fall to be transferred to the RoyalFleet Reserve may be retained in service in the Royal Marines for such period, ending not later than twelvemonths after the date on which apart from this paragraph he would fall to be transferred to the Royal FleetReserve, as the competent authority may order, or for any further period during which men of the Royal FleetReserve continue called into actual service.

(5)If while a person is being retained in service in the Royal Marines by virtue of this paragraph itappears to the competent authority that his service can be dispensed with, he shall be entitled to bedischarged or transferred to the Royal Fleet Reserve as the case may require.

(6)Where, at the time at which under the foregoing provisions of this paragraph a person is entitled tobe discharged or transferred to the Royal Fleet Reserve, a state of war exists between Her Majesty and anyforeign power, he may, by a declaration made before his commanding officer in a form prescribed byregulations of the Defence Council, agree to continue in service in the Royal Marines while such a stateof war exists; and, if the competent authority approve, he may continue accordingly as if the period forwhich his term of service could be prolonged under the foregoing provisions of this paragraph were a periodcontinuing so long as a state of war exists:

(7)In relation to marines serving outside the United Kingdom, references in this paragraph to beingentitled to be transferred to the Royal Fleet Reserve shall be construed as references to being entitledto be sent to the United Kingdom with all convenient speed for the purpose of being transferred to thatReserve.

(8)References in this paragraph to men of the Royal Fleet Reserve being called into actual service arereferences to their being called into actual or permanent service under the authority of an order of HerMajesty made on its appearing to Her that national danger is imminent or a great emergency has arisen, orinto actual service under [F1section 16(1) of the M1Reserve Forces Act 1980].