{
  "url": "https://openlegislation.uk/armed-forces-discharge-and-transfer-to-the-reserve-forces-no-2-regulations-2009/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/armed-forces-discharge-and-transfer-to-the-reserve-forces-no-2-regulations-2009/schedule/paragraph-5.json",
  "legislation": "uksi/2009/1091",
  "legislation_title": "The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/armed-forces-discharge-and-transfer-to-the-reserve-forces-no-2-regulations-2009",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Postponement of discharge or transfer",
  "text": "(1) Where—\n(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\n(b) none of regulations 9 to 12 applies to him,\nhe 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.\n(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—\n(a) the declaration shall have effect as if it were a declaration under regulation 8(7); and\n(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).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1091/schedule/paragraph/5",
    "retrieved_at": "2026-10-29T03:12:45.050525+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}