# The Armed Forces (Discharge and Transfer to the Reserve Forces) (No. 2) Regulations 2009, Paragraph 5: Postponement of discharge or transfer


(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).

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Source: https://www.legislation.gov.uk/uksi/2009/1091/schedule/paragraph/5 (the official version)
Page: https://openlegislation.uk/armed-forces-discharge-and-transfer-to-the-reserve-forces-no-2-regulations-2009/schedule/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.