Defence Reform Bill (HC Bill 84)

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

Section 57A(3) (agreement to alter limits in section 57) applies in
relation to members of the second transitional class as if for “12
5months” there were substituted “9 months”.”

5 In the heading of Schedule 9, for “transitional members” substitute
“members of transitional classes”.

Section 44

SCHEDULE 7 Payments to employers etc of members of reserve forces: supplementary

10Reserve Forces Act 1996 (c. 14)Reserve Forces Act 1996 (c. 14)

1 Part 8 of the Reserve Forces Act 1996 (schemes for exemption and financial
assistance) is amended as follows.

2 In the heading before section 83, for “call out or recall” substitute “reserve
forces”.

3 15In the headings of sections 83 and 84, after “in respect of” insert “financial
loss attributable to”.

4 (1) Section 85 (regulations under section 83 or 84: supplementary) is amended
as follows.

(2) In subsection (1)—

(a) 20for “or 84” substitute “, 84 or 84A”,

(b) in paragraph (a), omit “and of the kinds of financial loss for which
claims can be made”,

(c) after that paragraph insert—

“(aa) in the case of regulations under section 83 or 84, the
25descriptions of the kinds of financial loss for which
claims can be made,

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

(d) 30in paragraph (f), after “84” insert “or 84A”.

(3) In subsection (2), after “losses” insert “, permanent service, training or other
voluntary duties”.

(4) In subsection (3), for “or 84” substitute “, 84 or 84A”.

(5) After that subsection insert—

“(3A) 35A 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.”

(6) In subsection (5), for “The regulations” substitute “Regulations under
section 83 or 84”.

5 40Accordingly, in the heading of section 85, for “or 84” substitute “, 84 or 84A”.

6 (1) Section 86 (power to suspend payments due to national danger or great
emergency) is amended as follows.

(2) Before subsection (1) insert—

“(A1) Where a call-out order under section 52 is in force, the Secretary of
5State may by order suspend the operation of any regulations under
section 83, 84 or 84A.”

(3) In subsection (1), omit “a call-out order under section 52 or”.

(4) In subsection (2)—

(a) for “subsection (1)” substitute “this section”, and

(b) 10in paragraph (a), after “recalled” insert “or who are already
undertaking training or performing other voluntary duties”.

(5) In subsections (3), (4) and (5), for “subsection (1)” substitute “this section”.

7 In section 87 (offences in connection with claims for payments), in
subsections (1) and (2), for “or 84” substitute “, 84 or 84A”.

8 15In section 89(2) (jurisdiction and powers of reserve forces appeal tribunal)—

(a) for “and 84(3)” substitute “, 84(3) and 84A(6)”, and

(b) for “and 84” substitute “, 84 and 84A”.

9 In Schedule 9 (application of Act to transitional members), in paragraph 19,
for “or 84” substitute “, 84 or 84A”.

20Transitional provision

10 In paragraphs 11 and 12, “a section 84A offence” means an offence under
section 87(2) of the Reserve Forces Act 1996 (as amended by this Schedule)
in connection with a claim under regulations under section 84A of that Act.

11 A section 84A offence is to be treated for the purposes of section 281(4) and
25(5) of the Criminal Justice Act 2003 (maximum term of imprisonment for
summary offence) as an offence under a relevant enactment (as defined in
section 281(7) of that Act).

12 (1) This paragraph applies if section 85(1) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (“the 2012 Act”) comes into force on or
30before the day on which this Act is passed.

(2) Section 85 of the 2012 Act (removal of limit on certain fines on conviction by
magistrates’ courts) applies in relation to a section 84A offence on and after
that day as if the offence was a relevant offence punishable immediately
before the commencement day by a maximum fine of level 5 on the standard
35scale.

(3) Regulations described in section 85(11) of the 2012 Act may amend, repeal
or otherwise modify provisions of the Reserve Forces Act 1996 as amended
by this Act.

(4) In this paragraph “commencement day” and “relevant offence” have the
40same meaning as in section 85 of the 2012 Act.