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Section 100 Postponement of discharge: Army Reserve and Royal Auxiliary Air Force.F1

United Kingdom

(1)

Where the time at which a man of the Army Reserve or the Royal Auxiliary Air Force would otherwise be entitled to be discharged occurs during a period of emergency, he may be required to prolong his service for such further term, not exceeding 12 months, as the Defence Council or an officer designated by them may order.

(2)

A man shall not during a period of emergency be entitled to be discharged under F2section 16(2)(a) of the Reserve Forces Act 1996.

(3)

In this section the expression “period of emergency” means—

(a)

in relation to a man of the Army Reserve , any period while an order under F3section 52(1)(a) of the Reserve Forces Act 1996 is in force authorising members of the F4Regular Reserve to be called out for permanent service;

(b)

in relation to a man of the Royal Auxiliary Air Force, any period—

(i)

while an order under section 52(1)(a) of the Reserve Forces Act 1996is in force authorising members of the Air Force Reserve to be called out for permanent service; or

(ii)

while the man in question is called out for home defence service.

Annotations

Textual amendments

F1

Words in Act substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(b)(4)50(1) (with s. 49(3)(5)); S.I. 2014/2370, art. 4(a)

F2

Words in s. 100(2) substituted (1.4.1997) by S.I. 1997/306, reg. 24(2)

F3

Words in s. 100(3) substituted (1.4.1997) by S.I. 1997/306, reg. 24(3)(a)(b)

F4

Words in Act substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(a)(4)50(1) (with s. 49(3)(5)); S.I. 2014/2370, art. 4(a)

Notes on the whole Act

Textual amendments

F1

Act (except ss. 48, 55, 130 to 138, 140, 151, 156, 157 and 158) repealed (1.4.1997 except so far as relating to certain provisions as to which the repeal is prosp.) by 1996 c. 14, ss. 131(2), 132(4), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2