Defence Reform Bill (HC Bill 118)

Defence Reform BillPage 50

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

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

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

5may 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 sub-paragraph (1)
10ceases 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 15Application of Act to members of the second transitional class

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.

Section 28(3)(a) (special agreements: maximum period of service)
applies in relation to a special agreement entered into by a
20member of the second transitional class as if for “12 months” there
were substituted “9 months”.

(1) Section 56 (call out for certain purposes) 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
25to 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 Kingdom for the
30protection 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
35of members of a reserve force for the purposes of carrying out
work where—

(a) the work is approved in accordance with instructions
issued by the Defence Council under the Defence (Armed
Forces) Regulations 1939 as being urgent work of national
40importance, and

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

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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
5months”,

(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) 10in 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
months” there were substituted “9 months”.

5 15In the heading of Schedule 9, for “transitional members” substitute
“members of transitional classes”.

Section 46

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

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

1 20The Reserve Forces Act 1996 is amended as follows.

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

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

4 (1) 25Section 85 (regulations under section 83 or 84: supplementary) is amended
as follows.

(2) In subsection (1)—

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

(b) in paragraph (a), omit “and of the kinds of financial loss for which
30claims can be made”,

(c) after that paragraph insert—

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

(ab) 35in 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) in paragraph (f), after “84” insert “or 84A”.

(3) In subsection (2), after “losses” insert “, permanent service, training or other
40voluntary duties”.

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

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(5) After that subsection insert—

(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.

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

5 Accordingly, 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) 10Before subsection (1) insert—

(A1) Where a call-out order under section 52 is in force, the Secretary of
State 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) 15In subsection (2)—

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

(b) in 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 20In section 87 (offences in connection with claims for payments), in
subsections (1) and (2), for “or 84” substitute “, 84 or 84A”.

8 In 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 25In Schedule 9 (application of Act to transitional members), in paragraph 19,
for “or 84” substitute “, 84 or 84A”.

Transitional 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)
30in 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
(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) 35This 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
before 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
40that 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
scale.

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(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
5same meaning as in section 85 of the 2012 Act.