Section 32 Occasion for and period of recall under s. 31.

United Kingdom

(1)

An army pensioner liable under section 31 above to be recalled for service may be recalled at any time when persons of the F1Regular Reserve are called out for permanent service.

In this subsection the expression “called out for permanent service” means called out for permanent service under F2a call-out order under section 52 of the Reserve Forces Act 1996.

(2)

An air force pensioner liable under section 31 to be recalled for service may be recalled at any time when persons of the Air Force Reserve are called out for permanent service.

In this subsection the expression “called out for permanent service” means called out for permanent service F3a call-out order under section 52 of the Reserve Forces Act 1996.

(3)

A person recalled for service under section 31—

(a)

shall be deemed to be enlisted in the ~~F4regular forces or the regular air force~~ regular army or the Royal Air Force , according as he was an army pensioner or an air force pensioner, for the period mentioned in subsection (4) below, unless

(b)

on his recall he requires to be enlisted for that period in accordance with ~~F5section 2 of the Army Act 1955, or section 2 of the Air Force Act 1955, as the case may require~~ regulations under section 328 of the Armed Forces Act 2006 , and upon such enlistment he shall not be deemed to have been enlisted by virtue of paragraph (a) above.

(4)

The period referred to in subsection (3) above is one—

(a)

beginning with the time ~~F6as from which a person is recalled for~~ the person is accepted (by virtue of section 36) into service under section 31, and

F7(b)

ending with the date on which there is no longer a call-out order under section 52 of the Reserve Forces Act 1996 in force authorising the call-out of persons of the Regular Reserve or the Air Force Reserve, as the case may be.

(5)

~~F8Nothing in the following provisions shall prejudice the operation of the provisions of this section—~~

(a)

~~the provisions of the~~ M1~~Army Act 1955 or the~~ M2~~Air Force Act 1955 as to the term for which a person may be enlisted;~~

(b)

~~the provisions of the~~ M3~~Army and Air Force Act 1961 corresponding to the provisions mentioned in paragraph (a) above; and~~

(c)

~~the provisions of section 2 of the~~ M4~~Armed Forces Act 1966 and regulations made under that section corresponding to the provisions mentioned in paragraph (a).~~

No regulation under section 329 of the Armed Forces Act 2006 as to the term for which a person may be enlisted affects the operation of subsections (3) and (4) of this section.

Annotations

Textual amendments

F1: 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)
F2: Words in s. 32(1) substituted (1.4.1997) by S.I. 1997/306, art. 16(2)
F3: Words in s. 32(2) inserted (1.4.1997) by S.I. 1997/306, art. 16(3)
F4: Words in s. 32(3)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F5: Words in s. 32(3)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F6: Words in s. 32(4)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F7: S. 32(4)(b) substituted (1.4.1997) by S.I. 1997/306, art. 16(4)
F8: S. 32(5) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 13(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal citations

M1: 1955 c. 18.
M2: 1955 c. 19.
M3: 1961 c. 52.
M4: 1966 c. 45.

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