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Paragraph 5 Postponement of discharge or transfer

Original text. Later amendments are not shown.

(1)

Where—

(a)

immediately before commencement, an enlisted person was retained in service by virtue of section 9 of either of the 1955 Acts, paragraph 4A of Schedule 7 to the Army Act 1955 or section 4 of the 1966 Act, and

(b)

none of regulations 9 to 12 applies to him,

he shall be regarded as having been retained in service by virtue of regulation 8 for the period for which it was ordered by the competent military authority, the competent authority or the competent air-force authority (as the case may be) that he be retained in service.

(2)

Where a person has made a declaration under section 9(6) of either of the 1955 Acts, paragraph 4A(6) of Schedule 7 to the Army Act 1955 or section 4(6) of the 1966 Act and continues to serve in the regular forces—

(a)

the declaration shall have effect as if it were a declaration under regulation 8(7); and

(b)

any notice given by the person in accordance with the declaration shall have effect as if it had been given in accordance with a declaration under regulation 8(7).