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Paragraph 2 Entitlement to be discharged or transferred

Original text. Later amendments are not shown.

(1)

For the purposes of regulation 4 a person who was entitled to be discharged or transferred to a reserve force immediately before commencement is to be regarded as having become so entitled immediately after commencement.

(2)

Where under section 11(2) of either of the 1955 Acts, paragraph 5(2A)f1 of Schedule 7 to the Army Act 1955 or section 6(2) of the 1966 Act a person has required to be discharged in the United Kingdom, he shall be regarded for the purposes of regulation 4(2) as having elected under that paragraph to be discharged in the United Kingdom.

(3)

Where under section 11(2) of either of the 1955 Acts, paragraph 5(2A) of Schedule 7 to the Army Act 1955 or section 6(2) of the 1966 Act a person has been sent to the United Kingdom in pursuance of a requirement by him to be discharged there, he shall be regarded for the purposes of regulation 4(2) as having been conveyed there under that paragraph in pursuance of an election by him to be discharged there.

(4)

Where under section 11(2) of either of the 1955 Acts, paragraph 5(2A) of Schedule 7 to the Army Act 1955 or section 6(2) of the 1966 Act a person has consented to his discharge being delayed, he shall be regarded for the purposes of regulation 4(2) as having so consented under that paragraph.

(5)

Where section 12(2) of either of the 1955 Acts, paragraph 5(2C) of Schedule 7 to the Army Act 1955 or section 7(2) of the 1966 Act required a person to be sent to the United Kingdom for transfer to a reserve force and he has not been so sent, he shall be regarded for the purposes of regulation 4(3) as having elected under that paragraph to be transferred in the United Kingdom.

(6)

Where a person has been sent to the United Kingdom for transfer to a reserve force under section 12(2) of either of the 1955 Acts, paragraph 5(2C) of Schedule 7 to the Army Act 1955 or section 7(2) of the 1966 Act, he shall be regarded for the purposes of regulation 4(3) as having been conveyed to the United Kingdom under that paragraph in pursuance of an election by him to be transferred there.

(7)

Where under section 12(2) of either of the 1955 Acts, paragraph 5(2C) of Schedule 7 to the Army Act 1955 or section 7(2) of the 1966 Act a person has consented to his transfer to a reserve force being delayed, he shall be regarded for the purposes of regulation 4(3) as having so consented under that paragraph.

Annotations

Footnotes

f1

Paragraph 5(2A) to (2D) of Schedule 7 to the Army Act 1955 were inserted by the Armed Forces Act 1976 (c. 52), section 3(2) and Schedule 1, Part 2, paragraph 3.