Defence Reform Act — Relevant documents: Schedule of provisions in the Reserve Forces Act 1996

Schedule of provisions in the Reserve Forces Act 1996
as amended by the Defence Reform Bill 2013

October 2013

Introduction

To assist MPs and peers in preparing for debates, the Ministry of Defence has prepared this
informal schedule of some of the provisions in the Reserve Forces Act 1996, as amended by Part 3
of the Defence Reform Bill 2013. It has not been approved by Parliamentary Counsel.

Below, the Ministry of Defence has reproduced relevant extracts of the Reserve Forces Act 1996 to
illustrate how provisions in the 1996 Act will work once amended by the Bill.

Text inserted by the Bill is highlighted.

Where text is omitted (and not replaced), that is indicated by “[…]”.

Clause 43(1)

Reserve Forces Act 1996

PART 4

SPECIAL AGREEMENTS FOR CALL OUT

Special agreements

28 Special agreements

(1) A member of a reserve force who has entered into a special agreement is liable, while the
agreement is in force—

(a) to be called out for permanent service anywhere in the world; and

(b) to fulfill any training obligati ons specified in the agreement.

(2) A person in qualifying employme nt shall, before entering into a special agreement, obtain the
consent of his employer in such form as may be prescribed.

(3) A special agreement—

(a) shall specify a period not exceeding 12 months as the maximum period for which
the person concerned may be required to serve on being accepted into service
under this Part; and

(b) may specify other terms relating to the obligations undertaken by the person
entering into it.

(4) A person who has entered into a special agreement—

(a) shall fulfil any training obligations specified in the agreement;

(b) if accepted into service u nder this Part, shall serve,

in accordance with the terms of the agreement and (subject to those terms), on such other
terms and conditions as may be prescribed and are applicable in his case.

(5) The obligations undertaken by a person who has entered into a special agreement are in
addition to any other obligations he may have as a member of a reserve force.

Clause 43(2)-(8)

Reserve Forces Act 1996

PART 6

CALL OUT FOR PERMANENT SERVICE

…

54 Call out for warlike operations

(1) The Secretary of State may make an order under this section authorising the calling out of
members of a reserve force if it appears to him that warlike operations are in preparation or
progress.

(2) A call-out orde r under this section—

(a) shall specify a date, not more than 12 months from the day on which the order is
made, on which the order is (unless an order under subsection (3) is made) to
cease to authorise the call out of any person who is not in service under the order;
and

(b) shall have effect (subject to paragrap h (a) or to any order under subsection (3))
until it is revoked.

(3) The Secretary of State may, before the date specified in the call-out order under subsection
(2)(a), make an order providing that a call-out order under this section shall cease to authorise
the call out of any person who is not in service under the order.

(4) The restriction of the effect of a call-out order under this section—

(a) by an order under subsection (3), or

(b) by subsection (2)(a),

shall not affect the operation of any call-out notice served on any person before the day on
which the order under subsection (3) is made or, as the case may be, the day specified in the
call-out order.

(5) The Secretary of State may make an or der revoking a call-out order under this section
(whether or not its effect has been restricted as mentioned in subsection (4)).

(6) Where an order under subsection (5 ) revoking a call-out order is made—

(a) the call-out orde r shall cease to authorise the calling out of anyone who could
otherwise be called out on the authority of that order (including anyone served
with a call-out notice before the order under subsection (5) is made who has not
been accepted into service); and

(b) any person in service un der the call-out order shall be entitled to be released.

(7) The making of any call-out or der under this section, or any order under subsection (3) or (5),
shall be reported forthwith to each House of Parliament.

…

56 Call out for certain purposes

(1B) The Secretary of State may make an order under this section authorising the calling out of
members of a reserve force if it appears to the Secretary of State that it is necessary or
desirable to use members of a reserve force for any purpose for which members of the regular
services may be used.

(2) A call-out orde r under this section—

(a) shall specify a date, not more than 12 months from the day on which the order is
made, on which the order is (unless an order under subsection (3) is made) to
cease to authorise the call out of any person who is not in service under the order;
and

(b) shall have effect (subject to paragrap h (a) or to any order under subsection (3))
until it is revoked.

(3) The Secretary of State may, before the date specified in the call-out order under subsection
(2)(a), make an order providing that a call-out order under this section shall cease to authorise
the call out of any person who is not in service under the order.

(4) The restriction of the effect of a call-out order under this section—

(a) by an order under subsection (3), or

(b) by subsection (2)(a),

shall not affect the operation of any call-out notice served on any person before the day on
which the order under subsection (3) is made or, as the case may be, the day specified in the
call-out order.

(5) The Secretary of State may make an or der revoking a call-out order under this section
(whether or not its effect has been restricted as mentioned in subsection (4)).

(6) Where an order under subsection (5 ) revoking a call-out order is made—

(a) the call-out orde r shall cease to authorise the calling out of anyone who could
otherwise be called out on the authority of that order (including anyone served
with a call-out notice before the order under subsection (5) is made who has not
been accepted into service); and

(b) any person in service un der the call-out order shall be entitled to be released.

(7) The making of any call-out or der under this section, or any order under subsection (3) or (5),
shall be reported forthwith to each House of Parliament.

57 Maximum duration of servic e for call out under section 56

(1) This section applies for th e purpose of determining when members of a reserve force (“the
force”) who are in service under a call-out order made under section 56 (“the order”) are, if
not released sooner, entitled to be released from that service.

(2) A man is entitled to be re leased on the expiry of his current term as member of the force.

(3) The Defence Council or any authorised officer may, before a man who is in service under the
order becomes entitled to be released by virtue of this section, postpone his entitlement to be
released by virtue of subsection (2).

(4) A man’s entitlement to be released by virtue of subsection (2) may be postponed under
subsection (3) more than once, but may not be postponed beyond the end of the period of 12
months beginning with the day on which (disregarding any postponement) that entitlement
arises.

(5) A postponement of a man’s entitlement to be released by virtue of subsection (2) shall not
prevent him becoming entitled to be released by virtue of subsection (6) or, as the case may
be, subsection (10).

(6) Any member of the force is entitled to be released when his current service under the order, or
his current service under the order and any relevant service in aggregate, exceeds 12 months.

(7) A person may enter into a written agreemen t consenting to the extension of his period of
service under the order beyond—

(a) the day on which he is entitled to be released by virtue of subsection (6), or

(b) the day on which, by virtue of a subsis ting agreement under this subsection, he is
entitled to be released by virtue of subsection (10),

until the end of such period, not exceeding 6 months, as may be specified in the agreement.

(8) An agreement under subsection (7) ma y not be entered into at any time—

(a) when the person concerned is not in service under the order; or

(b) . . .

(c) more than 6 months before the day on which (disregarding the agreement) he is
entitled to be released by virtue of subsection (6) or, as the case may be,
subsection (10).

(9) An extension by an agreement under subsect ion (7) shall prevent the person concerned
becoming entitled to be released on the day on which, apart from the agreement, he would be
entitled to be released under subsection (6) or, as the case may be, subsection (10); but such
an agreement shall not prevent a man becoming entitled to be released by virtue of subsection
(2).

(10) A person who has entered into an agreement under subsection (7) is entitled to be released at
the end of the period specified in the agreement as the period for which his permanent service
is being extended.

(11) In this section “relevant service”, in relation to a person in service under the order, means any
permanent service under this Part, or Part 4, 5 or 7, in the 3 years immediately preceding the
first day of his current service under the order.

57A Agreement to alter limits in section 57

(1) This section applies to a person if—

(a) he is not in service under a call-out order under section 56; and

(b) if accepted into service under such a call-out order, he would be immediately
entitled to release under section 57(6) or (10).

(2) The person may agree in writing that, if he is accepted into servi ce under a call-out order
under section 56, in calculating when he is entitled to be released by virtue of section 57(6) or
(10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the
agreement is to be treated as not having occurred.

(3) An agreement under subsection (2) may also provide that, if the person is accepted into
service under a call-out order under section 56, section 57 shall apply in his case as if for the
period of 12 months specified in subsection (6) there were substituted a shorter period
specified in the agreement.

…

64 Interpretation of Part 6

(1) In this Part—

“authorised officer” means an officer authorised by or in accordance with directions of
the Defence Council for the purposes of this Part;

“call-out notice” means a notice under section 58;

“call-out order” means an order under section 52, 54 or 56; and

“service under a call-out order”, and “service” mean permanent service on being called
out under this Part on the authority of a call-out order.

(2) The powers under sections 52, 54 and 56 to make a call-out order are each to be interpreted as
including power to do so in circumstances in which an order could also be made under
another of those sections.

Clause 43(9) and Schedule 6 (paragraphs 2 and 3)

Reserve Forces Act 1996

PART 12

MISCELLANEOUS AND GENERAL

…

129 Application of Act to memb ers of transitional classes

(1) Schedule 9 shall have effect with respect to the application of this Act in relation to members
of the reserve forces who are members of—

(a) the original transitional class (s ee Parts 1 and 2 of that Schedule), or

(b) the second transitional class (see Parts 3 and 4 of that Schedule).

(2) Nothing in the Reserve Forces Act 1980 shall apply to a member of a reserve force who is not
a member of the original transitional class or, in the case of a person who is to be transferred
to the reserve from the regular services, is not capable of becoming a member of the original
transitional class.

(3) In this Act—

“the original transitional class”, in relation to members of the reserve forces, shall be
construed in accordance with Part 1 of Schedule 9.

“the second transitional class”, in relation to members of the reserve forces, shall be
construed in accordance with Part 3 of Schedule 9.

Schedule 6 (paragraphs 4 and 5) and Schedule 7 (paragraph 9)

Reserve Forces Act 1996

SCHEDULE 9 Section 129

APPLICATION OF ACT TO MEMBERS OF TRANSITIONAL CLASSES

PART 1

THE ORIGINAL TRANSITIONAL CLASS OF MEMBERS OF THE RESERVE FORCES

1 (1) The original transitional class consists of persons who—

(a) are members of a reserve force;

(b) for the time being fall wi thin paragraph 2 or 3; and

(c) have not made an election under paragraph 4.

(2) In this Schedule “transit ional member” means a member of a reserve force who for the
time being is a member of the original transitional class; and “transitional officer” and
“transitional man” shall be construed accordingly.

(3) In this Part of this Sc hedule “the appointed day” means such day as the Secretary of
State may by order made by statutory instrument appoint for the purposes of this Part of
this Schedule.

2 A person who, immediately before the appointed day, was an officer or man of a reserve
force falls within this paragraph if—

(a) he has remained a member of that force without interruption since that time;
and

(b) he has not extended his service in, or become an officer of, that force since
that time.

3 An officer or man who becomes a member of a reserve force on or after the appointed
day, on transfer to the reserve from the regular services, falls within this paragraph if—

(a) he joined the regular services before the appointed day and did not re-enlist,
re-engage or extend his service, or become an officer, in the regular services
on or after that day;

(b) he has remained a member of the reserve force concerned without
interruption since being transferred from the regular services; and

(c) he has not extended his service in, or become an officer of, that force since
being so transferred.

4 (1) A person who is a transitional member of a reserve force by virtue of paragraph
2 or 3 may elect to cease being a transitional member.

(2) An officer or man servi ng in the regular services who—

(a) joined those services be fore the appointed day; and

(b) has not re-enlisted, re-engaged or extended his service, or become an
officer, on or after that day,

may at any time elect not to be a transitional member on his transfer to the reserve.

(3) An election under this para graph is irrevocable and must be made in the prescribed
manner.

(4) A person who has made an election under this paragraph shall cease to be or, as the case
may be, shall not become a transitional member of the reserve force concerned.

5 (1) In this Part of this Schedule “man”, in relation to the regular services, means a
person of or below the ra nk or rate of warrant officer.

(2) A person in permanent se rvice on recall (whether under the Reserve Forces Act 1980 or,
in the case of an officer, otherwise than under this Act) shall not be regarded for the
purposes of this Part of this Schedule as serving in the regular services.

PART 2

APPLICATION OF ACT TO MEMBERS OF THE ORIGINAL TRANSITIONAL CLASS

6 The provisions of this Act (other than sect ion 129 and this Schedule) apply in relation to
members of the original transitional class in accordance with this Part of this Schedule.

7 (1) Any reference in this Act to a reserve fo rce, to two or more of the reserve forces
or to all the reserve forces shall, unless the context otherwise requires, be construed as a
reference to the whole of the force, or of each force, concerned, including any
transitional members.

(2) Any reference in this Act to members, officers or men of a reserve force includes,
unless the context otherwise requires, a reference to members, officers or men who are
transitional members.

(3) This paragraph has effect subject to th e exceptions and modifications in the following
provisions of this Part of this Schedule.

8 (1) In the application of section 17(1) to a transitional man, the reference to permanent
service includes a reference to permanent service under the Reserve Forces Act 1980.

(2) Section 17(2), (3) and (4) do not apply to transitional men.

9 (1) In the application of sections 18, 20 and 21 to a transitional man, the reference
to permanent service includes a reference to permanent service under the Reserve
Forces Act 1980.

(2) In the application of se ction 21 to a transitional man of the Royal Fleet Reserve, the
reference to training and other duties includes a reference to training or other duties in
pursuance of any provision of the Reserve Forces Act 1980.

10 Section 22 does not apply to transitional members of a reserve land, air or marine force.

11 In the application of section 24 to a transitional member who has entered into a full-time
service commitment—

(a) for the reference in subsection (7) to permanent service under Part 6 there
shall be substituted a reference to permanent service on call out under the
Reserve Forces Act 1980 or, as the case may be, under any other call-out
obligations of an officer; and

(b) for the reference in subsection (8) to training under section 22 there shall
(except in the case of a member of a reserve naval force) be substituted a
reference to training required under the Reserve Forces Act 1980 or, as the
case may be, under any other training obligations of an officer.

12 (1) Transitional members may (subject to th e provisions of this Act) enter into a
special agreement or an employee agreement; and Parts 4 and 5 apply accordingly.

(2) Transitional members of a reserve force do not lose their status as transitional members
by virtue of either becoming special members of the force or (where they continue as
ordinary members under section 42) ceasing to be special members of the force.

12A In the application of section 28(3)(a) to a special agreement entered into by a
transitional member, for the reference to a period not exceeding 12 months there shall
be substituted a reference to a period not exceeding 9 months.

13 In the application of section 31(1) to a special agreement entered into by a transitional
member, for the reference in paragraph (d) to permanent service under Part 6 there shall
be substituted a reference to permanent service under the Reserve Forces Act 1980 or,
as the case may be, under any other call-out obligations of an officer.

14 In the application of section 34(5) to transitional members, the reference in paragraph
(b) to section 57(11) shall be omitted.

15 In the application of section 40(5) to a transitional special member—

(a) for the reference to section 22 there sh all (except in the case of a member of
a reserve naval force) be substituted a reference to the corresponding
provision of the Reserve Forces Act 1980 or, as the case may be, of any
other training obligations of an officer;

(b) for the reference to Part 6 there shall be substituted a reference to the
corresponding provisions of the Reserve Forces Act 1980 or, as the case
may be, of any other call-out obligations of an officer.

16 An order may be made under section 41(6) suspending the operation of section 41(1)(c)
in relation to transitional special members, notwithstanding that Part 6 does not apply to
transitional members.

17 In the application of section 45(5) to transitional members, the reference in paragraph
(b) to section 57(11) shall be omitted.

18 Part 6 does not apply to transitional members.

19 Regulations under section 78, 83, 84 or 84A may make provision, in relation to
transitional members liable to be called out under—

(a) the Reserve Forces Act 1980, or

(b) any other call-out obl igations of officers,

corresponding to the provision which may be made in regulations under that section in
relation to members of the reserve forces liable to be called out under Part 6 of this Act.

20 In the application of section 96(1) to a transitional member—

(a) the reference to any provision of this Act includes a reference to any
provision of the Reserve Forces Act 1980 or, as the case may be, of any
other call-out obligations of an officer; and

(b) for the reference in paragraph (a ) to section 58(3)(c) there shall be
substituted a reference to the corresponding provision of that Act or those
obligations.

21 In the application of secti on 97(2) to a transitional member, for the reference to section
22 there shall (except in the case of a member of a reserve naval force) be substituted a
reference to the corresponding provision of the Reserve Forces Act 1980 or, as the case
may be, of any other training obligations of an officer.

22 . . .

23 . . .

24 In the application of section 125 to a transitional member, the reference to permanent
service includes a reference to permanent service under the Reserve Forces Act 1980 or,
as the case may be, under any other call-out obligations of an officer.

PART 3

THE SECOND TRANSITIONAL CLASS OF MEMBERS OF THE RESERVE FORCES

25 (1) The second transitional class consists of persons who—

(a) are members of a reserve force,

(b) are not, and have not been, member s of the original transitional class,

(c) for the time being fall within paragraph 26 or 27, and

(d) have not made an election under paragraph 28.

(2) In this Part of this Sc hedule “the appointed day” means the day on which paragraph 4(7)
of Schedule 6 to the Defence Reform Act 2013 (which inserts this Part of this Schedule)
comes into force.

26 A person who, immediately before the appointed day, was a member of a reserve force
falls within this paragraph if—

(a) the person has remained a member of that force without interruption since
that time, and

(b) the person has not extended his or he r service in, or become an officer of,
that force since that time.

27 A person who becomes a member of a reserve force on or after the appointed day, on
transfer to the reserve from the regular services, falls within this paragraph if—

(a) the person joined the regular servic es before the appointed day and did not
re-enlist, re-engage or extend his or her service, or become an officer, in the
regular services on or after that day,

(b) the person has remained a member of the reserve force concerned without
interruption since being transferred from the regular services, and

(c) the person has not extended his or her service in, or become an officer of,
that force since being so transferred.

28 (1) A person who is a member of the se cond transitional class may elect to cease
to be a member of that class.

(2) A person serving in the regular services who—

(a) joined those services before the appointed day, and

(b) has not re-enlisted, re-e ngaged or extended his or her service, or become an
officer, on or after that day,

may at any time elect not to become a member of the second transitional class on
transfer to the reserve.

(3) An election under this paragraph must be made in the prescribed manner.

(4) A person who has made an election under s ub-paragraph (1) ceases to be a member of
the second transitional class.

(5) A person who has made an election under sub-paragraph (2) does not become a member
of the second transitional class.

(6) An election under this paragraph is irrevocable.

PART 4

APPLICATION OF ACT TO MEMBERS OF THE SECOND TRANSITIONAL CLASS

29 Parts 4 and 6 of this Act apply in relation to members of the second transitional class in
accordance with this Part of this Schedule.

30 Section 28(3)(a) (special agreements: maximu m period of service) applies in relation to
a special agreement entered into by a member of the second transitional class as if for
“12 months” there were substituted “9 months”.

31 (1) Section 56 (call out for certain purpo ses) applies in relation to the call out of
members of the second transitional class as if the power conferred on the Secretary of
State by subsection (1B) were limited to the powers described in sub-paragraphs (2) and
(3).

(2) The first power is to make an order authorising the calling out of members of a reserve
force where it appears to the Secretary of State that it is necessary or desirable to use
armed forces—

(a) on operations outside the United Ki ngdom for the protection of life or
property, or

(b) on operations anywhere in the world for the alleviation of distress or the
preservation of life or property in time of disaster or apprehended disaster.

(3) The second power is to make an order authorising the calling out of members of a
reserve force for the purposes of carrying out work where—

(a) the work is approved in accordance w ith instructions issued by the Defence
Council under the Defence (Armed Forces) Regulations 1939 as being
urgent work of national importance, and

(b) the Defence Council have by order under those Regulations authorised
members of any forces to be temporarily employed in such work.

32 Section 57 (maximum duration of service for call out under section 56) applies in
relation to members of the second transitional class as if—

(a) in subsection (4), for “12 months” there were substituted “9 months”,

(b) in subsection (6), for “12 months” there were substituted “9 months”,

(c) in subsection (8)(c), for “6 months” there were substituted “3 months”, and

(d) in subsection (11), for “3 years” there were substituted “27 months”.

33 Section 57A(3) (agreement to alter limits in section 57) applies in relation to members
of the second transitional class as if for “12 months” there were substituted “9 months”.

Clause 44(1) and (2) and Schedule 7 (paragraphs 1-7)

Reserve Forces Act 1996

PART 8

SCHEMES FOR EXEMPTION AND FINANCIAL ASSISTANCE

…

Financial assistance in respect of reserve forces

83 Payments to individuals in respect of fi nancial loss attributable to call out or recall

(1) The Secretary of State may by regulations provide for the making of payments by him to any
persons in respect of any financial loss of a description prescribed by the regulations which is
suffered by them and attributable to their being in permanent service under Part 4 or Part 5 or
under a call-out or recall order.

(2) The regulations may provide for payments to be made, in relation to any description of
financial loss, towards the provision of pensions, allowances or gratuities to or in respect of a
person making a claim.

(3) The regulations may, in relati on to any payments to be made as mentioned in subsection (2)—

(a) provide for any such payments to be made to any person of a prescribed
description;

(b) require such a person to accept such payments (notwithstanding anything which
would otherwise prevent him from doing so) on such terms as may be determined
by or under the regulations; and

(c) require persons of any such descripti on to provide information in connection with
claims for such payments or, where payments have been made to them, in
connection with the use made of the money.

(4) A person making a claim under the regulations w ho is dissatisfied with the determination of
his claim may appeal against the determination to a reserve forces appeal tribunal.

84 Payments to employers etc in respect of fi nancial loss attributable to call out or recall

(1) The Secretary of State ma y by regulations provide for the making of payments by him to
employers (including employers who are self-employed) in respect of any financial loss of a
description prescribed by the regulations which is suffered by them and attributable to any of
their employees being in permanent service under Part 4 or Part 5 or under a call-out or recall
order.

(2) Regulations under this section may also provide for the making of payments by the

Secretary of State to the partners of a person carrying on business in partnership in respect of
any financial loss of a description prescribed by the regulations which is suffered by them and
attributable to that person being in permanent service under Part 4 or Part 5 or under a call-out
or recall order.

(3) A person making a claim under regulations under this section who is dissatisfied with the
determination of his claim may appeal against the determination to a reserve forces appeal
tribunal.

84A Other payments to employers etc of members of reserve forces

(1) The Secretary of State may by regulations provide for the making of payments by the
Secretary of State to—

(a) an employer whose employee is undertak ing relevant reserve force activities or
has undertaken such activities while employed by the employer, and

(b) a person carrying on business in partne rship whose partner in the business is
undertaking relevant reserve force activities or has undertaken such activities
while a partner of the person,

but see subsections (3) to (5).

(2) For the purposes of this section, a person undert akes relevant reserve force activities when the
person—

(a) is in permanent se rvice under Part 4 or under a call-out order,

(b) undertakes training of a prescribed de scription while an ordinary member of a
reserve force, or

(c) performs other voluntary duties of a prescribed description while an ordinary
member of a reserve force.

(3) The Secretary of State may make regulations under this section only if satisfied that the
payments provided for, or such payments taken together with other measures, are likely to
encourage persons—

(a) to employ, or continue to empl oy, members of the reserve forces, or

(b) to carry on business, or continue to carry on business, in partnership with
members of the reserve forces.

(4) Regulations under subsection (1)(a) may provi de for the making of payments to employers
who are self-employed, but not in respect of their own relevant reserve force activities.

(5) Regulations under this section may not provide for the making of payments to be conditional
on a financial loss suffered by the employer or the person carrying on business in partnership.

(6) A person making a claim under regulations under this section who is dissatisfied with the
determination of the claim may appeal against the determination to a reserve forces appeal
tribunal.

(7) In this section—

“ordinary member”, in relation to a reserve force, means a member who—

(a) is not a special member of that force, and

(b) is not a member of that force fo r the purpose only of becoming a special
member;

“prescribed” means prescribed by regulations made under this section.

85 Regulations under section 83, 84 or 84A: supplementary

(1) Regulations under section 83,84 or 84A (“the re gulations”) may, in particular, make provision
with respect to—

(a) the descriptions of persons who are entitled to claim payments […];

(aa) in the case of regulations under sectio n 83 or 84, the descriptions of the kinds of
financial loss for which claims can be made;

(ab) in the case of regulations under sec tion 84A, the descriptions of the kinds of
training and other voluntary duties for which claims can be made;

(b) the matters in respect of which, and any circumstances in which, persons are or
are not entitled to any payment;

(c) the sums, or the method of determining the sums, to be paid;

(d) the procedure for making claims (includi ng the time within which claims must be
made and the information to be provided by persons making claims);

(e) in the case of regulations under se ction 83, the provision of information by
persons in connection with claims made by their employees or former employees;

(f) in the case of regulations under sectio n 84 or 84A, the provision of information by
persons in respect of whom claims are made;

(g) the determination of claims by a ny person or body identified by, or of a
description specified in, the regulations;

(h) any incidental or supplementary matters.

(2) The regulations may make different provision for different cases (but need not require
payments to be made in all cases or for all losses, permanent service, training or other
voluntary duties).

(3) Before making any regulations under sect ion 83, 84 or 84A the Secretary of State shall
consult such persons or bodies as he considers to be appropriate, including—

(a) a body appearing to him to represent the interests of employers, a body appearing
to him to represent the interests of employees and a body appearing to him to
represent the interests of the self-employed; and

(b) the associations established under Part 11 or a body appearing to him to represent
those associations.

(3A) A payment that has been made, or may be made, under regulations under section 84A is not to
be taken into account when calculating a financial loss for the purposes of regulations under
section 84.

(4) The regulations shall be made by statutory instrument which sh all be subject to annulment in
pursuance of a resolution of either House of Parliament.

(5) Regulations under section 83 or 84 may also ma ke provision for claims by or in respect of—

(a) persons recalle d under the Reserve Forces Act 1980, or

(b) officers recalled otherw ise than under this Act,

corresponding to the provision which may be made for claims by or in respect of persons
recalled under Part 7.

86 Power to suspend payments due to national danger or great emergency

(A1) Where a call-out order unde r section 52 is in force, the Secretary of State may by order
suspend the operation of any regulations under section 83, 84 or 84A.

(1) Where […] a recall order under section 68 is in force, the Secretary of State may by order
suspend the operation of any regulations under section 83 or 84.

(2) An order under this secti on may suspend the application of the regulations concerned in all
cases or in such cases as may be specified in the order; and the effect of such an order is—

(a) to prevent any right to payments arising or (in relation to people who have already
been called out or recalled or who are already undertaking training or performing
other voluntary duties) accruing further under the suspended regulations in respect
of the period during which the order is in force; and

(b) to suspend for that period any obligation of the Secretary of State to make
payments under the suspended regulations in respect of earlier periods.

(3) An order under this section—

(a) shall be made for such period not exceed ing 12 months as may be specified in the
order; and

(b) may (if it has not otherwise expired) be revoked by the Secretary of State by
order.

(4) An order under this section shall be made by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of Parliament.

(5) An order revoking an order under this section shall be made by statutory instrument and shall
be laid before each House of Parliament after being made.

87 Offences in connection with claims for payments

(1) Any person who, in connection with a cl aim by another person under regulations under
section 83, 84 or 84A, fails without reasonable excuse to provide information which he is
required to provide by the regulations is guilty of an offence and liable, on summary
conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4
on the standard scale (or both).

(2) Any person who, in connection with a clai m under regulations under section 83, 84 or 84A,
knowingly or recklessly provides information which is false or misleading in a material
particular is guilty of an offence and liable, on summary conviction to imprisonment for a
term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Schedule 7 (paragraph 8)

Reserve Forces Act 1996

PART 9

RESERVE FORCES APPEAL TRIBUNALS

…

89 Jurisdiction and powe rs of appeal tribunals

(1) An appeal lies to an appeal tribunal by virtue of section 81(4) in respect of a determination of
an application under regulations under section 78 or 79.

(2) An appeal lies to an appeal tribunal by virtue of sections 83(4), 84(3) and 84A(6) in respect of
a determination of a claim under regulations under sections 83, 84 and 84A respectively.

(3) An appeal to an appeal tr ibunal shall be by way of a rehearing of the application or claim.

(4) An appeal tribunal hearing an appeal may dismiss the appeal or may make any determination
which the person or body hearing the original application or claim had the power to make.

(5) The person or body responsible for making dete rminations under the regulations under which
the application or claim was made shall (so far as may be necessary) give effect under those
regulations to the determination of the appeal tribunal.