Section 79 Individual exemptions etc. from recall.

(1)

The Secretary of State may by regulations make provision enabling any person liable to be recalled, or any employer of such a person, to apply for any deferral, revocation, entitlement to release or discharge or exemption which, under the regulations, may be granted to the person by or in respect of whom such an application is made.

(2)

Regulations under this section may provide for applications to be made by or in respect of a person—

(a)

after the service on him of a recall notice (“the original notice”) but before he is accepted into service; or

(b)

after he has been accepted into service.

(3)

The regulations may provide, in relation to an application made before a person is accepted into service, for the following to be available—

(a)

the deferral of his obligation to present himself for service in pursuance of the original notice;

(b)

the revocation of the original notice;

(c)

an exemption from liability to be recalled on the authority of the recall order specified in the original notice or any other recall order.

(4)

The regulations may provide, in relation to an application made after a person has been accepted into service, for the following to be available—

(a)

a determination that he is entitled to be released from service or discharged;

(b)

an exemption from liability to be recalled on the authority of the recall order under which he is currently serving or any other recall order.

(5)

Regulations under this section may also make provision in relation to—

(a)

persons liable to be recalled under the M1Reserve Forces Act 1980, or

(b)

officers liable to be recalled otherwise than under this Act,

corresponding to the provision which may be made in relation to persons liable to be recalled under Part VII.

Annotations

Marginal citations

M1: 1980 c. 9.