Commentary on Sections Schedule 6: Call out of members of reserve forces: transitional classes
154.Provision is made in section 129 of, and Schedule 9 to, the 1996 Act so that persons serving in the reserve forces immediately before that Act came into force have the option to remain in a class of persons (“the transitional class”) in relation to whom certain provisions in the 1996 Act do not apply and in relation to whom provisions in the Reserve Forces Act 1980 continue to apply. Provision is also made in section 129 and Schedule 9 so that persons serving in the regular forces immediately before the 1996 Act came into force may become a member of the transitional class on transfer to the reserve.
155.The intention is to make similar provision for persons serving in the reserve forces and regular forces immediately before the changes made by section 45 come into force. Accordingly, Schedule 6 amends section 129 of, and Schedule 9 to, the 1996 Act so that such persons remain in a class of persons (“the second transitional class”) in relation to whom the changes made by section 45 do not apply, but can elect to cease to be members of that class. The transitional class in relation to whom provisions in the Reserve Forces Act 1980 continue to apply is renamed “the original transitional class”.
156.Paragraph 4(7) of Schedule 6 inserts new Parts 3 and 4 into Schedule 9 to the 1996 Act. New Part 3 of Schedule 9 makes provision with respect to membership of the second transitional class. New Part 4 of Schedule 9 makes provision so that, in effect, the amendments made by section 45 do not apply in relation to members of the second transitional class.