Section 28 Differing service liabilities of those called out.

United Kingdom

(1)

Where a person—

F1(a)

is in service in pursuance of a call-out notice under section 58 of the Reserve Forces Act 1996 specifying an enactment mentioned in section 26(2) above;

(b)

if he were not in service he would be liable to be called into service by a call-out notice under F2section 58 of the Reserve Forces Act 1996 or, as the case may be, by such a call-out notice specifying a different enactment so mentioned,

the Secretary of State may direct that, on the date of the direction or a later date specified in the direction, that person shall be deemed to be called into service by a call-out notice under section 58 of the Reserve Forces Act 1996 specifying such of those enactments applicable to him as is specified in the direction.

(2)

Where a person is deemed in pursuance of subsection (1) above to be called into service by virtue of an enactment specified in a direction under that subsection, his service under any other enactment by virtue of which he was previously serving shall cease.

(3)

The power to give a direction under this section includes power—

(a)

to make provision for persons of such descriptions as are specified in the direction or in respect of an individual; and

(b)

to make different provision for different circumstances.

Annotations

Textual amendments

F1: S. 28(1)(a) substituted (1.4.1997) by S.I. 1997/306, art. 12(1)(a)
F2: Words substituted (1.4.1997) by S.I. 1997/306, art. 12(1)(b)

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F1: Act (except ss. 48, 55, 130 to 138, 140, 151, 156, 157 and 158) repealed (1.4.1997 except so far as relating to certain provisions as to which the repeal is prosp.)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