The Reserve Forces Act 1996 (RFA 96) serves as the legislation that governs the British Reserve Forces, establishing the essential legal framework for their maintenance, membership, and deployment. This act significantly modernised the reserve service, enabling the more flexible use of personnel in contemporary military operations and effectively replacing much of the outdated Reserve Forces Act 1980.1
The Reserve Forces consist of the Reserve Naval and Marine Forces, which include the Royal Fleet Reserve, the Royal Naval Reserve, and the Royal Marines Reserve; the Reserve Land Forces, encompassing the Army Reserve (Regular) and the Territorial Army, now referred to as the Army Reserve; and the Reserve Air Forces, comprising the Air Force Reserve and the Royal Auxiliary Air Force.
The Royal Fleet Reserve, the Army Reserve, and the Air Force Reserve are classified as Regular Reserve forces, consisting of individuals who have previously served in the regular forces and are subject to recall to active duty as reservists.
RFA 96 outlines mandatory annual training (typically 16 days plus additional training periods) and allows members to volunteer for additional duties or full-time service commitments.
The Act provides specific legal authorities for the government to mobilise (call out) reservists for permanent service: For national danger, great emergencies, or an attack on the UK; for “warlike operations” in preparation or progress; for a wide range of operations, including the protection of life/property or alleviation of distress during disasters.
It also established the liability for former regular service members (officers and men) to be recalled to duty until age 55 or for a specific period after discharge.
The Act implemented important protections for both reservists and their employers, enabling them to seek compensation for financial losses resulting from call-out or recall.
Additionally, it offers a process for individuals or employers to request an exemption from mobilisation if it would result in “serious harm” to a business or personal circumstances.
It established the Reserve Forces Appeal Tribunals to adjudicate disputes concerning exemptions, deferrals, and financial support.
This legislation operates in conjunction with the Reserve Forces (Safeguard of Employment) Act 1985 to guarantee that reservists can return to their civilian employment following their service.
The Act permits employers to enter into agreements with the Ministry of Defence, allowing their employees to be designated as “special members” of the reserve forces to undertake specialised duties (such as meteorological services or fleet transport). Additionally, it created High Readiness Reserves (HRR), wherein reservists with specialised skills may agree to an increased commitment for immediate call-up.
Notes:
- Reserve Forces Act 1996: https://www.legislation.gov.uk/ukpga/1996/14/part/VI ↩︎
