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The Reserve Forces Act 1996 (Isle of Man) Order 2010

S.I. 2010/2470 · Made 13 October 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2016.

Defence

Made 13th October 2010

Coming into force 1st November 2010

At the Court at Buckingham Palace, the 13th day of October 2010

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by and with the advice of Her Privy Council, in exercise of the power conferred by section 132(3) of the Reserve Forces Act 1996f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

1996 c. 14; section 121 of, and Schedule 6 to, that Act were repealed by Schedule 3 to the Lieutenancies Act 1997 (c. 23); further repeals were made by the Armed Forces Act 2006 (c. 52).

Contents

  1. 1Citation, commencement and extent
  2. 2Article 2
  3. Signature
  4. Schedule: EXCEPTIONS AND MODIFICATIONS TO PROVISIONS OF THE RESERVE FORCES ACT 1996 AS EXTENDED TO THE ISLE OF MAN
  5. 1Paragraph 1
  6. 2Paragraph 2
  7. 3Paragraph 3
  8. 4Paragraph 4
  9. 5Paragraph 5
  10. 6Paragraph 6
  11. 7Paragraph 7 Repealed
  12. 8Paragraph 8
  13. 9Paragraph 9
  14. 10Paragraph 10
  15. 11Paragraph 11
  16. 12Paragraph 12
  17. 13Paragraph 13
  18. 14Paragraph 14
  19. 15Paragraph 15
  20. 16Paragraph 16
  21. 17Paragraph 17
  22. 18Paragraph 18
  23. 19Paragraph 19
  24. 20Paragraph 20
  25. 21Paragraph 21
  26. 22Paragraph 22
  27. 23Paragraph 23
  28. 24Paragraph 24
  29. 25Paragraph 25
  30. 26Paragraph 26
  31. 27Paragraph 27
  32. 28Paragraph 28
  33. 29Paragraph 29
  34. 30Paragraph 30
  35. 30AParagraph 30A
  36. 31Paragraph 31
  37. 32Paragraph 32
  38. Explanatory note

1Citation, commencement and extentI1

This Order may be cited as the Reserve Forces Act 1996 (Isle of Man) Order 2010 and shall come into force on 1st November 2010.

2I1

The Reserve Forces Act 1996 F1, including the amendments made to that Act by sections 44 to 47 of, and Schedules 6 and 7 to, the Defence Reform Act 2014, shall extend to the Isle of Man, subject to the exceptions and modifications specified in the Schedule to this Order.

Signature

Judith Simpson

Clerk of the Privy Council

1I1

Unless the contrary intention appears, any reference in the Reserve Forces Act 1996 to an Act of Parliament (including that Act) or to any provision of such an Act shall be construed as a reference to the Act or provision as it has effect in the Isle of Man.

2I1

In section 4, omit subsection (5).

3I1

In section 9—

(a)

for subsection (2)(a) substitute—

“(a)

the Governor;”.

(b)

at endf1 insert––

“(6)

In this section and section 10, references to the United Kingdom shall be construed as including references to the Isle of Man.”.

4I1

After section 18(2) insert––

“(3)

In this section and section 19, references to the United Kingdom shall be construed as references to the Isle of Man.”.

5I1

In section 25(3)(b)(i), after “United Kingdom” insert “and the Isle of Man”.

6I1

In section 37, in subsections (4) and (6) omit the words following “statutory instrument”.

7F1

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

8I1

In section 75(7), omit the words following “statutory instrument”.

9I1

In section 77(2), omit “and shall be laid before each House of Parliament after being made”.

10I1

In section 81—

(a)

omit subsection (5);

(b)

in subsection (6) omit the words following “statutory instrument”.

11I1

In section 85—

(a)

omit subsection (3);

(b)

in subsection (4) omit the words following “statutory instrument”.

12I1

In section 86, in subsections (4) and (5) omit the words following “statutory instrument”.

13I1

Omit sections 90 and 91.

14I1

For section 92 substitute––

“92.
(1)

An appeal tribunal shall consist of a chairman appointed by the Governor and 2 other members selected by the Governor from a panel of persons appointed in accordance with subsection (3).

(2)

No person may be appointed chairman of an appeal tribunal unless—

(a)

he is or has been a Deemster, or

(b)

he is an advocate of at least 10 years’ standing.

(3)

The members of an appeal tribunal other than the chairman shall be appointed to a panel by the Governor after consulting such persons or bodies as he considers to be appropriate, including –

(a)

a body or bodies appearing to him to represent the interests of employers and self-employed persons in the Isle of Man;

(b)

a body appearing to him to represent the interests of employees in the Isle of Man; and

(c)

the associations established under Part XI for any area including the Isle of Man.

(4)

There shall be paid to members of an appeal tribunal such fees, allowances and expenses (if any) as the Secretary of State may determine.

(5)

Where a tribunal is hearing an appeal in respect of an application under regulations under section 78 or 79, the Governor shall, if requested to do so by the tribunal, appoint a serving or retired officer of any regular service or reserve force to advise the tribunal on any relevant service matters.”.

15I1

In section 93—

(a)

in subsection (3) for “that part of the United Kingdom in which the hearing takes place” substitute “the Isle of Man”;

(b)

in subsection (4) omit the words following “statutory instrument”.

16I1

In section 104—

(a)

in subsection (1) after “United Kingdom” insert “or the Isle of Man”;

(b)

in subsection (2)—

(i)

after “any part of the United Kingdom” (in the first place) insert “or in the Isle of Man”;

(ii)

at the end insert “or in the Isle of Man, as the case may be”.

17I1

In section 108—

(a)

in subsection (1B) omit the words following “statutory instrument”;

(b)

omit subsection (3).

18I1

In section 109(c), after “Northern Ireland” insert “or the Isle of Man”.

19I1

In section 110(3)(b), omit the words following “statutory instrument”.

20I1

In section 111(4)(b), omit the words following “statutory instrument”.

21I1

In section 117, omit subsection (3).

22I1

In section 118(4), omit the words following “statutory instrument”.

23I1

In section 119(2)(b), omit the words following “statutory instrument”.

24I1

Omit section 120.

25I1

In section 125—

(a)

for “United Kingdom” substitute “Isle of Man”;

(b)

for paragraph (a) substitute—

“(a)

any election of a Member of Tynwald, or”.

26I1

In section 127(1), after the definition of “full-time service commitment;” insert—

  • ““Governor” means the Lieutenant Governor of the Isle of Man, and includes a deputy Governor or acting Governor;”.

27I1

In section 130(2)(b), omit the words following “statutory instrument”.

28I1

In section 132, omit subsections (2) to (4).

29I1

In paragraph 2(1A)(a) of Schedule 1, after “1989” insert “, the Children and Young Persons Act 2001 (c.20) (an Act of Tynwald)”.

30I1

Omit Schedule 5.

30AF1

In paragraph 31(2) of Schedule 9, after “United Kingdom” insert “and the Isle of Man.

31I1

In Schedule 10, omit paragraphs 15 and 16, 20 to 22 and 24 to 27.

32I1

Schedule 11 shall have effect in relation only to such of the enactments specified there as have effect in the Isle of Man.

Explanatory note

(This note is not part of the Order)

This Order extends the Reserve Forces Act 1996 to the Isle of Man, subject to the exceptions and modifications specified in the Schedule.