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PART IEnlistment and Terms of Service

Extension of service

8Continuance in service after term of re-engagement

(1)An airman of the regular air force who has been reengaged under the last foregoing section may, at any time during the last twelve months of the period for which he has been so re-engaged, give notice to his commanding officer of his desire to continue in air-force service after the end of that period; and, if the competent air-force authority consent he may, after the end of that period, be continued as an airman of the regular air force in all respects (subject to the next following subsection) as if his term of service were still unexpired.

(2)Where a person is continued in service under this section sections five and six of this Act shall not apply to him but he may claim his discharge at the expiration of any period of three months beginning with the date on which he gives to his commanding officer notice of his wish to be discharged.

9Postponement in certain cases of discharge or transfer to the reserve

(1)Where at the time at which apart from this section an airman of the regular air force would be entitled to 'be discharged, or would fall to be transferred to the reserve, a state of war exists between Her Majesty and any foreign power, or men of the reserve are called out on permanent service, or he is serving outside the United Kingdom, he may be retained in air-force service for such period as is hereinafter mentioned and his service may be prolonged accordingly.

(2)No person shall be retained in air-force service by virtue of this section later than the expiration of twelve months after the date on which apart from this section he would be entitled to be discharged.

(3)Subject to the provisions of the last foregoing subsection, a person who apart from this section would be entitled to be discharged may be retained in air-force service for such period as the competent air-force authority may order.

(4)Subject as aforesaid, a person who apart from this section would fall to be transferred to the reserve may be retained in air-force service for such period, ending not later than twelve months after the date on which apart from this section he would fall to be transferred to the reserve, as the competent air-force authority may order or for any period or further period during which men of the reserve continue called out on permanent service.

(5)If while an airman is being retained in air-force service by virtue of this section it appears to the competent air-force authority that his services can be dispensed with, he shall be entitled to be discharged or transferred to the reserve as the case may require.

(6)Where, at the time at which under the foregoing provisions of this section an airman is entitled to be discharged or transferred to the reserve, a state of war exists between Her Majesty and any foreign power, he may, by declaration made in the prescribed form before his commanding officer, agree to continue in air-force service while such a state of war exists; and if the competent air-force authority approve he may continue accordingly as if the period for which his term of service could be prolonged under the foregoing provisions of this section were a period continuing so long as a state of war exists:

Provided that if it is so specified in the declaration he shall be entitled to be discharged or transferred to the reserve, as the case may require, at the expiration of three months' notice given by him to his commanding officer.

(7)In relation to airmen serving outside the United Kingdom, references in this section to being entitled to be transferred to the reserve shall be construed as references to being entitled to be sent to the United Kingdom with all convenient speed for the purpose of being transferred to the reserve.

10Continuation of air-force service in imminent national danger

(1)In the case of imminent national danger or of great emergency Her Majesty in Council may by proclamation order that airmen who would otherwise fall to be transferred to the reserve .shall continue in air-force service; and thereupon the last foregoing section shall apply to such airmen as it applies while men of the reserve are called out on permanent service.

(2)Any such proclamation may enable the Air Council from time to time to give, and when given to revoke or vary, such directions as may seem to them necessary or expedient for causing all or any of the airmen mentioned in the proclamation to continue in air-force service.

(3)The danger or emergency which is the occasion of a proclamation under this section shall, if Parliament is then sitting, be communicated to Parliament before the proclamation is issued, and shall if Parliament is not then sitting be declared in the proclamation.