Citation and commencement

1. These Regulations may be cited as the Air Force Act 1955 (Part 1) (Amendment) Regulations 2008 and come into force on 14 July 2008.

Amendment of the Air Force Act 1955 (Part 1) Regulations 2007

2. The Air Force Act 1955 (Part 1) Regulations 2007(2) are amended as follows.

Amendment to regulation 3

3. For regulation 3 substitute–

"Competent air-force authority

3.–(1) In addition to the Defence Council and the Air Force Board, the competent air- force authority shall be–

(a) for the purpose of section 9 of the 1955 Act(3) (postponement of discharge or transfer to the reserve), the Air Secretary;

(b) subject to paragraph (2), for the purpose of section 11(3) of the 1955 Act (discharge of an airman), the officer specified in column (b) of Schedule 1 to these Regulations;

(c) for the purpose of designating a person on his transfer to the Air Force Reserve as a person to whom paragraph 16 of Schedule 8 to the Reserve Forces Act 1980(4) (permanent call out of air force reserve) applies, the Air Secretary.

(2) The officer specified in column (b) of Schedule 1 may only give an order authorising the discharge of an airman for the corresponding reason or in the corresponding circumstances specified in column (a).

(3) Where section 18(1)(b) of the 1955 Act (invalid attestation or enlistment) applies, the Air Secretary is authorised to discharge an airman.

(4) Subject to paragraph (5), every reference in this regulation and in Schedule 1 to–

(a) the Commander-in-Chief shall have effect as if it also included a reference to an Air Officer Commanding a Group or other Formation or, if authorised in writing by the Commander-in-Chief, to a Commanding Officer not below the rank of Group Captain;

(b) the Air Secretary, the Commandant RAF College and Director of Recruitment (RAF) or a Commanding Officer shall have effect as if it included a reference to any member of the staff of that officer who has been duly authorised by him to act on his behalf.

(5) The reference to the Commander-in-Chief authorising the discharge of an airman for the reason specified at item 5(d) of Schedule 1 shall have effect as if it included a reference to any member of the staff of the Commander-in-Chief who has been duly authorised by him to act on his behalf.".

Amendment to Schedule 1

4.–(1) For Schedule 1 substitute–

Regulation 3(1)

"SCHEDULE 1

Amendment to Schedule 4

5. For Schedule 4 substitute–

Regulation 9

"SCHEDULE 4

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations substitute regulation 3 of the Air Force Act 1955 (Part 1) Regulations 2007 ("the 2007 Regulations") and amend Schedules 1 and 4 to those Regulations.

Regulations 3(1) and (2) specify the competent air force authority for the purpose of authorising the discharge of an airman, the postponement of discharge and call out from the reserve. Regulation 3(3) provides that where section 18(1)(b) (validity of attestation and enlistment) of the Air Force Act 1955 applies, the Air Secretary is authorised to discharge an airman. Regulation 3(4) and 3(5) maintains the existing position, that a duly authorised officer is also authorised to discharge an airman.

Regulation 4 replaces Schedule 1, and specifies the reasons for or circumstances in which an airman may be discharged, and the competent air-force authority for each ground.

Regulation 5 substitutes a new Schedule 4. It sets out the particulars to be contained in the certificate of discharge. The amendment removes the requirement for a physical description of the airman to be included.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.