Section 34 Liability of certain former soldiers to recall.F1

United Kingdom

(1)

Any former soldier to whom this section applies may be recalled for service by the Secretary of State by F2notice under section 35 below at any time when men of the F3Regular Reserve are called out for permanent service under F4a call-out order under section 52 of the Reserve Forces Act 1996.

(2)

This section applies to any person who is not a woman and who is for the time being under the age of 45, and—

(a)

who is not—

(i)

a member of the armed forces of the Crown apart from this section;

(ii)

liable to be recalled to service under section 31 above;

(iii)

such a person as is mentioned in Schedule 2 to this Act;

(b)

who enlisted in pursuance of regulations made under section 2 of the M1Armed Forces Act 1966;

(c)

who has not been discharged in respect of that enlistment under section 14 of the M2Army Act 1955, or under any regulations made by virtue of section 2 of the Armed Forces Act 1966 conferring a right to discharge by purchase;

(d)

who has not been granted a commission.

(3)

A person recalled for service by such a notice as is referred to in subsection (1) shall be deemed to be enlisted in the ~~F5regular forces within the meaning of the Army Act 1955~~ regular army for the period—

(a)

beginning with the time ~~F6specified in the notice~~ he is accepted into service , and

(F7b)

ending (unless he is previously discharged) with the date on which there is no longer a call-out order under section 52 of the Reserve Forces Act 1996 in force.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 34 repealed (1.4.1997 except for s. 34(1)-(3) the repeal of which is stillprosp.) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
F2: Words in S. 34(1) substituted (1.4.1997) by S.I. 1997/306, art. 17(2)(a)
F3: 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)
F4: Words in S. 34(1) substituted (1.4.1997) by S.I. 1997/306, art. 17(2)(b)
F5: Words in s. 34(3) 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. 14(a); 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. 34(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. 14(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F7: S. 34(3)(b) substituted (1.4.1997) by S.I. 1997/306, art. 17(3)

Marginal citations

M1: 1966 c. 45.
M2: 1955 c. 18.

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