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THE QUEEN'S REGULATIONS FOR THE ARMY 1975

UK Ministry of Defence © Crown Copyright 2019.

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HER MAJESTY THE QUEEN has been graciously pleased to approve the following revised ‘The
Queen's Regulations for the Army' and to command that they be strictly observed on all occasions.

They are to be interpreted reasonably and intelligently, with due regard to the interests of the
Service, bearing in mind that no attempt has been made to provide for necessary and self-evident
exceptions.

Commanders at all levels are to ensure that any local orders or instructions that may be issued are
guided and directed by the spirit and intention of these Regulations.

By Command of the Defence Council

Ministry of Defence
January 2019

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THE QUEEN'S REGULATIONS FOR THE ARMY 1975

(Amendment No 36)
PREFACE
1. The Queen's Regulations for the Army lay down the policy and procedure to be observed in
the command and administration of the Army. They provide commanding officers with direction on
the command and administration of their units, on the efficiency of which depends the
effectiveness of the Army as a whole.

2. All general matters concerned with a commanding officer's responsibilities have been
grouped in one chapter - Chapter 5 - Unit Command, Control and Administration. Chapters 1 to 4
set out the framework of command and administration above the unit level.

3. Subjects such as Manning and Conditions of Service, Legal Matters and Ceremonial are,
however, large enough to merit separate chapters, and these have been placed after Chapter 5.
There are also further chapters, of a general nature, common to all three services and already as
Joint Service chapters, for example the Press and Public Information.

4. The letter ‘J’ preceding a paragraph number indicates that the paragraph in identical form
(apart from the number and from necessary differences in relation to ranks, cross-references, etc)
is published normally in The Queen's Regulations for each of the three Services. In the case of the
Army certain of these paragraphs appear not in The Queen's Regulations but in other specialized
regulations, and appropriate references are made in The Queen's Regulations for the Army to
those publications. The text of ‘J’ paragraphs may not be amended without inter Service
agreement.

5. In general, abbreviations are not used in these regulations, except when referring to Ministry
of Defence directorates. Any other abbreviation used, unless its meaning is obvious, is shown in
brackets after the term to which it applies, on its first appearance.

6. Unless the contrary intention appears, words importing the masculine gender include the
feminine.

7. Text that is known to be out of date and awaiting sponsor review has been highlighted in
grey and will be updated in the next amendment.

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CHAPTER 1

GOVERNMENT, COMMAND AND COMPOSITION OF THE ARMY

Government and Command of the Army

J1.001. The government and command of each of the fighting Services is vested in Her
Majesty The Queen, who has charged the Secretary of State with general responsibility for the
defence of the Realm and established a Defence Council having command and administration over
Her armed forces.

J1.002. The Defence (Transfer of Functions) Act 1964 transferred to the Secretary of State
the statutory functions of the previous Secretaries of State for War and Air and (except for certain
specified functions relating to command and administration) of the former Board of Admiralty. The
Act transferred to the Defence Council the statutory functions of the former Army Council and Air
Council and corresponding statutory functions (including the excepted functions referred to above)
of the former Board of Admiralty.

J1.003. The Letters Patent of the Defence Council are produced in Annex A(J) to this Chapter.
The Council are given the prerogative functions of the former Board of Admiralty, Army Council,
and Air Council, are given administrative functions, are given command of all members of the
forces and are directed to set up an Admiralty Board, Army Board, and an Air Force Board.

J1.004. The Directions of the Defence Council setting out the composition and duties of the
Army Board are at Annex B to this Chapter. The Board have, under the Defence Council,
command over the officers and soldiers of the Army; subject to the orders and directions of the
Defence Council, they are charged with the administration of matters relating to the Army.

J1.005. The Defence (Transfer of Functions) Act 1964 empowers the Army Board to
discharge the statutory functions of the Defence Council, subject to any Directions of the Council.
The effect of the above Directions is to confine this power, in the main, to statutory functions
relating to the military forces. Certain prerogative functions under Orders in Council relating to the
Royal Navy and Royal Marines were transferred to the Secretary of State who in practice is
advised on such matters by the Admiralty Board. The Army and Air Force Boards have been
empowered by Royal Warrant to exercise concurrently certain prerogative functions.

Composition of the Army

1.006. The Army is composed of officers and soldiers of various arms and services as follows:

a. The Regular Army Forces, whose composition is shown in para 8.001 (table, serials 1-
24).

b. The Reserve Forces, comprising:

(1) The Regular Army Reserve of Officers.

(2) The Army Reserve.

(3) The Long Term Reserve.

(4) Army Pensioners.

(5) The Territorial Army.

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1.007. The corps shown in para 8.001 are divided into units, which are defined as those
elements having a separate Establishment (see para 1.008). Thus the term ‘unit' may apply to a
battalion or any equivalent lieutenant colonel's command; to an independent smaller body,
commanded by an officer of the rank of major or below (normally referred to as an ‘independent
sub unit'); to a depot or to a training establishment. Any headquarters above the unit level is, for
the purposes of administration, regarded as being itself a unit. The Gibraltar Regiment is also a
unit for the purposes of this regulation.

1.008. Individual units and headquarters of the Army are organized according to specific
establishments which lay down authorized strengths by ranks and trades, and numbers of vehicles,
weapons and animals. There are three types of organization:

a. Deployable Component (DC) Organizations. DC is that required to deploy away

from the home base on the more likely routine operations, capable of self-sufficient combat
without augmentation. If the organization is given a category of DC it means that it
permanently exists within the hierarchy, and may receive augmenting CC positions (see
below). The default category for an organization will be DC. It is to be used for Regular and
TA Army Establishment Tables. It will also apply to those units that are likely to deploy, and
those establishments that will never deploy as an organization (eg MOD Central Staffs,
HQLF).

b. Contingent Component (CC) Organizations. CC is that required to augment the DC

organization to provide for the additional requirements of the most demanding operations. If
an organization is given a category of CC it means that it only exists within the hierarchy for
the most demanding operations, and will comprise solely of CC positions and materiel.
There are few instances where CC organizations will occur – it is likely to be where Regular
units receive entire organizations as CC at Large Scale Direct Intervention (LSDI).

c. Enabling Component (EC) Organizations. EC is that required to enable the unit to

deploy on operations by providing for home base support. It comprises two elements – the
unit Rear Party to cater for the administration of the unit’s home base and welfare support for
unit families, and the Infrastructure element which is required to provide security and
maintenance support. An organization is only given the category of EC if it solely fulfils the
role of enabling component for the most demanding operations. An EC organization should
only have EC positions attached to it.

1.009 - 1.999. Reserved.

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ANNEX A(J) TO CHAPTER 1

LETTERS PATENT CONSTITUTING THE DEFENCE COUNCIL

(Para J1.003 Refers)

E LIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and
Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth
Defender of the Faith To all to whom these Presents shall come Greeting Whereas We did by Our
Letters Patent under the Great Seal of Our Realm bearing date the thirteenth day of December in the sixty-
fifth year of Our Reign constitute and appoint the persons therein named to be Our Defence Council to
exercise on Our behalf the functions of Our Prerogative as therein mentioned And Whereas We are desirous
of changing the constitution of Our said Defence Council Now Therefore Know Ye that We do revoke with
effect from the eleventh day of December in the sixty-sixth year of Our Reign Our Letters Patent bearing date
the thirteenth day of December in the sixty-fifth year of Our Reign aforesaid And Further Know Ye that We
do constitute and appoint as from the said eleventh day of December the following persons in place of those
constituted and appointed by Our Letters Patent aforesaid that is to say Our Principal Secretary of State for
Defence the Parliamentary Under Secretary of State and Minister for Defence Procurement the Minister of
State for the Armed Forces the Minister of State in the House of Lords the Parliamentary Under Secretary of
State and Minister for Defence People and Veterans the Chief of the Defence Staff the Permanent Under
Secretary of State of the Ministry of Defence the Chief of the Naval Staff and First Sea Lord the Chief of the
General Staff the Chief of the Air Staff the Vice Chief of the Defence Staff the Commander Joint Forces
Command and the Director General Finance of the Ministry of Defence to be Our Defence Council to exercise
on Our behalf the functions of Our Prerogative which have heretofore on Our behalf been exercised by Our
Defence Council constituted and appointed by Our Letters Patent aforesaid and in particular to administer
such matters pertaining to Our Naval Military and Air Forces as We shall through Our Principal Secretary of
State for Defence direct them to execute And to have command under Us of all Officers and Ratings Soldiers
and Airmen of Our Naval Military and Air Forces And Further Know Ye that Our Principal Secretary of State
for Defence (or in his absence one of Our Ministers of State aforesaid) shall be Chairman of Our Defence
Council so constituted and for the business of which he shall be responsible to Us and to Parliament And the
said Permanent Under Secretary of State of the Ministry of Defence shall be the Secretary of Our Defence
Council Provided that Our Defence Council may appoint such other person or persons to act as Secretary or
Secretaries in addition to the said Permanent Under Secretary of State as Our Defence Council may think fit
And We do empower and direct Our Defence Council to establish an Admiralty Board and Army Board and
an Air Force Board to be charged with the administration of such matters relating to Our Naval Military and
Air Forces as Our Defence Council shall direct And to have command under Us and Our Defence Council of
all Officers and Ratings Soldiers and Airmen whom Our Defence Council shall place under their command
And We do grant Our Defence Council authority to give and dispose of all such Offices places and
employments in Our Naval Military and Air Forces as shall become or be made vacant And We enjoin all such
Officers and all others whom it may concern to be obedient to Our Defence Council and to the Boards
established by Our Defence Council by virtue of these Presents in all things as becometh And Further Know

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Ye that the powers of Our Defence Council and of the Boards so appointed may be exercised and their duties
performed by any two of their members and any document may be signed on behalf of Our Defence Council
or of any of the said Boards by any two of their members or by the Secretary or person acting as Secretary of
Our Defence Council or of that Board And We do further direct that the arrangements for the administration
and government of Our Naval Military and Air Forces described in these Our Letters shall come into effect on
the said eleventh day of December in the sixty-sixth year of Our Reign

BY WARRANT UNDER THE QUEEN'S SIGN MANUAL

HEATON

11th December 2017

(eleventh day of December in the sixty-sixth year of Our Reign)

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ANNEX B TO CHAPTER 1

DIRECTIONS OF THE DEFENCE COUNCIL AS TO THE ARMY BOARD

(Para J1.004 Refers)

The Army Board Directions 2017

The Defence Council, in exercise of the powers conferred upon them by the Letters Patent of Her
Majesty dated 11 December 2017, and by section 1(5) of the Defence (Transfer of Functions)
Act 1964, give the following directions:

Commencement, Citation, Revocation and Interpretation

1(1). These directions shall come into operation forthwith and may be cited as ‘The Army Board
Directions 2017'.

1(2). The Army Board Directions 2012 are hereby revoked, without prejudice, however, to the
validity of anything done by virtue of those Directions.

1(3). Any document referring to the Army Board Directions 2012 or to any provision of them shall,
so, far as may be necessary for preserving its effect, be construed as referring to these Directions
or, as the case may be, to the corresponding provision of them.

1(4). The Interpretation Act 1978 shall apply for the purpose of interpreting these Directions as it
applies for the purpose of interpreting an Act of Parliament.

The Army Board

2(1). The Army Board shall consist of the holders for the time being of the following offices:

The Secretary of State for Defence The Chief of the General Staff
The Minister of State for the Armed Forces The Commander Land Forces
The Parliamentary Under Secretary of State and The Adjutant General
Minister for Defence Equipment Support and
Technology
The Parliamentary Under Secretary of State and The Commander Force Development and Training
Minister for International Security Strategy
The Parliamentary Under Secretary of State and The Quartermaster General
Minister for Defence Personnel Welfare and
Veterans
The Parliamentary Under Secretary of State and The Master General of the Ordnance
Lords Spokesman on Defence
The Second Permanent Under Secretary of State The Director of Resources(Army) 1
for the Ministry of Defence

The Team Leader for Army 2020 (lifed until The Assistant Chief of the General Staff
December 2012)

2(2). The Secretary of State for Defence shall be Chairman of the Army Board; but in their
absence the Minister of State for the Armed Forces, the Parliamentary Under Secretary of State
and Minister for Defence Equipment and Technology, the Parliamentary Under Secretary of State
and Minister for International Security Strategy, the Parliamentary Under Secretary of State and
Minister for Defence Personnel Welfare and Veterans, the Parliamentary Under Secretary of State

1
Normally known as Command Secretary (Army).

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and Lords Spokesman on Defence or such other person as the Secretary of State shall designate,
may act as Chairman.

2(3). The Secretary of the Army Board shall be the Second Permanent Under Secretary of State
of the Ministry of Defence provided that the Army Board may appoint such other person or persons
to act as Secretary or Secretaries in addition to the Second Permanent Under Secretary of State of
the Ministry of Defence as the Board may think fit.

Duties of the Army Board

3(1). The Army Board shall under the Defence Council have command over the officers and
soldiers of Her Majesty's military forces.

3(2). The Army Board is hereby charged with the administration of all such matters relating to the
military forces as may be administered by the Defence Council; subject always, however, to any
further orders or directions given by the Defence Council.

Directions as to Statutory Functions

4. The functions under enactments conferred on the Defence Council by the operation of
section 1 of the Defence (Transfer of Functions) Act 1964 which are to be exercisable by the
Army Board shall, subject to any further directions which may be given by the Defence Council, not
include functions which were before the coming into effect of the Act not exercisable by the Army
Council.

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CHAPTER 2

COMMAND WITHIN THE ARMY

PART 1 - HIGHER COMMAND

Definition of Command
2.001. The term ‘Command' is used in different ways in these regulations and it is therefore
necessary to explain how these may apply according to the context in which they appear. The
different uses of this term are:

a. As a military order by any person whose rank, position, appointment or duty entitles
them to give it.

b. As applied to the authority of an officer, warrant officer or non-commissioned officer

(NCO) deriving from their military status. This is normally expressed as ‘power of command'.

c. To describe a geographical area, of given boundaries, in which troops are stationed. It

may contain districts, areas, or further subdivisions. In practice this covers those units and
formations grouped together under a commander in chief (CinC) or general officer
commanding (GOC) who is themselves not subordinate to another general officer. In peace
time geographical commands should not be referred to as ‘theatres' (which is an abbreviation
for ‘theatres of war').

d. To refer to a body of troops over which an individual has direct authority, eg in the case
of a battalion commander, their unit.

Higher Commanders
2.002. Under the existing organization, the higher commanders of the Army are as follows:

a. CinCs. General officers who in conjunction with their other duties are operationally
responsible to the Defence Council for the command of all British Army personnel in their
area. For administrative matters, they are responsible through the Army Board. In certain
respects, as members of a commanders in chief committee, they are directly responsible to
the Chiefs of Staff.

b. GOCs. GOCs corps, divisions and districts, responsible to a superior commander.

c. Commanders.

(1) Commanders (general or other officers) of independent overseas commands,

responsible to the Army Board.

(2) General and other officers, commanding British Army or multi-Service staffs in
certain overseas territories, who are responsible directly to the Defence Council, such
as Commander British Forces Cyprus.

(3) Officers, not above the rank of brigadier, in command of brigades, field forces,
groups, areas or garrisons normally responsible to a GOC.

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Unified Command
J2.003. Unified commanders normally command all British forces allocated to their operational
area, subject to the terms of any directives which may be issued to them. The single Service
commanders in the area exercise command of the allocated naval, land and air forces under the
overall command of the unified commander. Single Service commanders are normally responsible
direct to their respective Boards for matters of single Service administration and finance, but the
commander of the unified command is nonetheless expected to exercise the oversight and co-
ordination necessary to ensure the most efficient functioning of the command and maximum
economy in its administration.

Command within the United Kingdom and Overseas

2.004. The command of all regular and reserve units and formations is exercised through the
Commander in Chief Land Forces (CinC LF). In addition some units with a wider defence role
come under command of the Vice Chief of the Defence Staff (VCDS). These commanders then
delegate powers of command to subordinate commanders within operational and functional areas
of responsibility.

Subordinate Commanders
2.005. Division and/or district commanders exercise administrative command directly over all
regular and reserve independent units and sub units within their division and/or district. Where
units or independent sub units form part of a formation outside the division and/or district,
operational command will be exercised through formation headquarters. Local administration for
all units and sub units within a division and/or district is the direct responsibility of the GOC.

2.006. In the particular case of London District the GOC is the Major General, Household
Division, who has under their command for all purposes all units of the Household Division and
Establishments peculiar to them in London District, and the Kings Troop, Royal Horse Artillery.
These include all units of the Household Division at Windsor, Pirbright and Caterham. In respect of
the units of the Household Division and Kings Troop, Royal Horse Artillery, the Major General will
be considered an independent commander under the Ministry of Defence. (See paras 13 – 21 of
Annex A to this Chapter.)

2.007. Command of Ministry of Defence controlled units and establishments comprising units
of the static training organization, central administrative installations and establishments controlled
by the Master General of the Ordnance will be governed by the principles implicit in para 2.005.
The GOC of the division and/or district in which they are located will be their local military
commander.

Command in other Independent Overseas Commands

2.008. Commanders of independent commands overseas, responsible to VCDS, command
directly the formations or independent units within their area of command. Responsibilities to, and
relationships with, the civil authority (HM Representative) (see para J11.003b) vary between
commands, and are laid down specifically in the directive for each of the commanders concerned.

2.009 - 2.015. Reserved.

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PART 2 - LOWER COMMAND

Command of Units (see Manual of Service Law (MSL) Chapter 2)

2.016.

a. An officer appointed to command a unit, is (see also para 1.007), irrespective of

seniority, to exercise command over all personnel serving therein.

b. An officer holding an authorized appointment of second in command of a unit is,

irrespective of seniority, to exercise command over all personnel therein except the officer
appointed to command that unit. Appointment as second in command of a unit in no way
implies that the officer will be appointed to command the unit permanently if the appointment
of commanding officer becomes vacant.

c. In the absence of both the officer appointed to command a unit and the officer
appointed second in command of that unit the senior officer present of the arm or service of
which the unit forms part (normally other than a late entry commissioned officer) is to
exercise command over all personnel serving therein. A late entry commissioned officer
appointed second in command will normally assume command in the absence of the officer
appointed to command that unit.

Command of Sub Units

2.017. Command of sub units (companies, platoons, sections and equivalents) is to be
exercised by the person appointed to command or, in their absence, by the senior member of that
sub unit belonging to the arm or service concerned.

Command in Special Circumstances

2.018.

a. In relation to command of medical and dental units see MSL, Vol 1, Ch 2, para 15.

b. For embarked forces see MSL, Vol 1, Ch2, para 21-23.

c. In circumstances where the exercise of command is not covered by the preceding

paragraphs, command is to be exercised by the most appropriately qualified senior officer,
warrant officer or NCO present, but during operations is not to be exercised by medical and
dental officers or chaplains, except over personnel of medical and dental units and patients.

d. For the avoidance of doubt, the commanding officer of the Gibraltar Regiment
exercises disciplinary powers of command over all personnel serving in or attached to the
Regiment.

e. For command in custody see MSL, Vol 1, Ch 2, paras 11 -14.

Special Considerations
2.019.

a. When units or detachments of different corps are employed together on any duty, each
unit and detachment is, subject to the orders of the officer commanding the whole body, to

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act under the immediate authority of its own commander in matters of purely regimental
character.

b. When officers or soldiers become prisoners of war the ordinary military relations of
superior and subordinate, and the military duty of obedience, remain unaltered. Any such
prisoner who is guilty of insubordination or any breach of discipline in respect of their
superior will be required to answer for their conduct when released (see also Part 21 of
Chapter 5).

c. The situation with regard to command when members of two or more Services are
serving together is dealt with in paras 2.041 – 2.043.

Command in Relation to Her Majesty's Army Vessels

2.020.

a. In this paragraph ‘qualified officer' means an officer who holds a command certificate
issued by the Director of Transport and Movements (Army) (DTM(A)) and ‘vessel' means any
of Her Majesty's Army Vessels.

b. When two or more vessels are in company the senior qualified officer present will
exercise command in respect of all matters relating to the manoeuvring and safety of the
vessels as a formed squadron. They are responsible for their tactical control and is
particularly to ensure that all vessels keep their correct station.

c. Command over a vessel is to be exercised by the qualified officer appointed captain.

They are responsible at all times for the safety and proper navigation of their vessel and for
this purpose commands all persons on board. In the absence of the captain, command is to
be exercised by the senior officer or warrant officer present who holds a Watch Keeping
Certificate issued by the Director of Transport and Movements (Army).

d. Subject to any orders which they may receive from the captain, the officer of the watch
is responsible for the safety of the vessel in all its aspects. In the performance of their duties
they may exercise command over all persons other than the captain, the first lieutenant and
any qualified officer senior to the captain.

e. An officer who is not a member of a vessel's company and who is not a qualified officer
is not to exercise any command in relation to the navigation, manoeuvring or safety of any
vessels or vessel. In relation to these matters they are under the authority and command of
the captain of the vessel.

Command in Relation to Army Department Vessels Military Manned

2.021.

a. This paragraph applies to vessels other than Her Majesty's Army Vessels and in this
paragraph the expression ‘qualified' means an officer or soldier who has been qualified by
the Army School of Transport to command a vessel.

b. Command over a vessel is to be exercised by the qualified officer or soldier appointed

captain. They are responsible at all times for the safety and proper navigation of their vessel
and for this purpose commands all persons abroad. In the absence of the captain, command
is to be exercised by the senior qualified officer or soldier present.

c. When two or more vessels are in company the senior qualified officer or soldier present
will exercise command in respect of all matters relating to the manoeuvring and safety of the
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vessels in a formed squadron. They are responsible for their tactical control and is
particularly to ensure that all vessels keep their correct station.

Authority of Masters of Royal Fleet Auxiliaries

2.022.

a. When officers and soldiers are embarked on Royal Fleet Auxiliaries (RFAs) they are to
comply with any instructions given to them by, or with the authority of, the Master, for the
proper working or management of the ships.

b. Commanding officers are to bring this regulation to the attention of all officers and
soldiers concerned, and reference to it is to be made in the standing orders for parties
embarked on RFAs.

2.023 - 2.030. Reserved.

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PART 3 - RANK AND PRECEDENCE

General Principles
2.031.

a. Officers holding substantive rank are to take precedence over all those holding acting
or local rank of the same grade. They are to take precedence among themselves according
to their date of promotion to that rank.

b. Officers of the TA or Regular Officers on Home Service Part Time terms of service
holding brevet rank are, when employed outside their regiment or corps, to take precedence
with officers holding substantive rank of the same grade, according to date of promotion.
When serving regimentally they are to take precedence within their regiment or corps in
accordance with the date of their promotion to substantive rank.

c. Officers holding acting rank are to take precedence over all those holding local rank of
the same grade and are to take precedence among themselves according to the date of their
appointment to acting rank.

d. Officers holding local rank are to take precedence among themselves according to the
date of their appointment to that local rank.

e. Precedence among warrant officers and NCOs is to follow the principles in sub-paras
a, c and d above but is to be governed also by the precedence of corps (see para 8.001) and
in some cases by the appointment held. This aspect is dealt with in detail in Chapter 9, Part
3.

General Officers, Brigadiers and Substantive Colonels

2.032.

a. The seniority of officers promoted to the substantive rank of general and lieutenant
general is to be determined by the Chief of the General Staff. On promotion to the
substantive rank of lieutenant general relative seniority will normally be that which pertained
in the rank of major general, but if any antedate is given it will not exceed one year.

b. Officers promoted to the substantive rank of major general are to take seniority among
themselves as shall be determined by No 1 Selection Board.

c. Officers promoted to the substantive rank of brigadier or colonel are to take seniority
among themselves as determined by No 2 Selection Board. (See also para 9.010.)

Regimental Officers
2.033.

a. All regimental officers serving in units, other than commanding officers and seconds in
command where appointed, are to take rank according to their dates of appointment to that
rank, except in cases (other than those of voluntary exchange or transfer) in which the
Defence Council may give officers special precedence.

b. All officers serving together with officers of other branches are to take rank according to
their respective dates of appointment to that rank in the Army. (See current Army List, Part
1.)

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Equivalent Ranks of Chaplains

2.034. The equivalent ranks of Chaplains of the RAChD are as follows:

Chaplain General - Major General

Deputy Chaplain General - Brigadier

Chaplain

1st Class - Colonel

2nd Class - Lieutenant Colonel

3rd Class - Major

4th Class - Captain

Relative Precedence - Regular and TA

2.035.

a. Officers of the regular forces are, except as stated in sub-para b below, to take
precedence over officers of the TA of the same rank.

b. Officers of the regular forces on the posted strength of a unit of the TA are, subject to
the provisions of para 2.031, to take precedence in accordance with their date of promotion
to that rank with TA officers of the same rank on the posted strength of, or attached to, that
unit.

c. Officers of the TA who have previous service with the regular forces, are to take
precedence, in accordance with their date of promotion to that rank, over those TA officers of
the same rank who do not have previous service.

2.036. Officers of the TA are to take rank and precedence among themselves as laid down in
Territorial Army Regulations 1978 (TA Regs) (AC 14955). For the particular case of TA officers
holding brevet rank (see para 2.031b).

Honorific Colonels
2.037.

a. Regimental Governance. Regiments and Corps select Honorific Colonels to exercise

internal governance. Honorific Colonels are variously known as Masters, Colonels
Commandant and Colonels of Regiment. In addition the Royal Armoured Corps, the Infantry
and the Divisions of Infantry also have Colonels Commandant. Honorific Colonels are not
part of the chain of command from the Defence Council.

b. Access. The Adjutant General is the normal conduit for Colonels to the Army
Command Group and the Executive Committee of the Army Board. However Colonels retain
the right of direct access to the Chief of the General Staff as a safeguard to ensure the
integrity of the regimental system.

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c. Purpose and Subordinate References. The functions of honorific Colonels are: to

cultivate the soul and ethos of the Regimental/Corps family; to maintain esprit de Corps; and
to promote Regimental/Corps interest. Further details can be found in: MS (Hons) Notes for
Colonels and Colonels Commandant of Regiments, Divisions of Infantry and Corps;
and the Promotion and Appointments Warrant (PAW) 09. As Colonels are performing a duty
function they may reclaim travel and subsistence from the public purse within the limits laid
down in JSP 752.

2.038 - 2.040. Reserved.

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PART 4 - NAVAL, MILITARY AND AIR FORCES ACTING TOGETHER

Command over Members of other Services

J2.041. Under the provisions of the Armed Forces Act 2006, when members of one Service
are co-operating with one or both of the other Services they enjoy like power of command over
members of another Service as the members of that Service of ‘corresponding rank' insofar as
power of command depends upon rank or rate. The expression ‘corresponding rank' is defined in
the Act by reference to The Queen's Regulations. Thus when members of different Services are
acting together the superior officers of one Service become, in accordance with the scale of
corresponding ranks prescribed by these Regulations at the Table in para J2.042, superior officers
of members of the other Services of lower corresponding rank or less seniority and can,
consequently, give lawful commands to them. These provisions and these circumstances do not,
however, bestow upon any member of one Service the power or right to assume command over
any body of Her Majesty's forces or over any ship, aircraft, unit, formation or establishment of
another Service unless it is specifically placed under their command.

Corresponding Ranks

J2.042. The corresponding ranks, solely for purposes of command, of the three Services are:
NATO RN(2) Military Air Force
Code(3) Including RM and QARANC(1) including PMRAFNS(1)
OF-10 Admiral of the Fleet Field Marshal Marshal of the Royal Air Force

OF-9 Admiral General Air Chief Marshal

OF-8 Vice-Admiral Lieutenant General Air Marshal

OF-7 Rear-Admiral Major General Air Vice-Marshal

OF-6 Commodore Brigadier Air Commodore

OF-5 Captain Colonel Group Captain

OF-4 Commander Lieutenant Colonel Wing Commander

OF-3 Lieutenant-Commander Major Squadron Leader

OF-2 Lieutenant Captain Flight Lieutenant

OF-1 Sub-Lieutenant Lieutenant Flying Officer
(but junior to military and
air force ranks)
Midshipman Second Lieutenant Pilot Officer
(but junior to military and Acting Pilot Officer
air force rank) (but junior to second lieutenant)
OR-9 Warrant Officer Warrant Officer Class 1 Warrant Officer
Master Aircrew -
Master Signaller
Master Engineer
Master Air Electronics Operator
Master Air Loadmaster
OR-8 Warrant Officer Class 2
OR-7 Chief Petty Officer Staff Corporal Flight Sergeant(4)
Staff Sergeant Chief
Colour Sergeant, RM Technician(4)

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OR-6 Petty Officer Corporal of Horse Sergeant

OR-5 Sergeant
OR-4 Leading Rating Corporal Corporal
(but junior to military Bombardier
ranks of corporal and
bombardier)

NATO RN(2) Military Air Force

Code(3) Including RM and QARANC(1) including PMRAFNS(1)
OR-3 Lance Corporal
Lance Bombardier
OR-2 Able rating Marine Junior Technician
OR-2 Ordinary rating Private Class 1-3 however
described, including: -
Trooper
Gunner
Sapper Senior aircraftman/woman
Signaller Leading aircraftman/woman
Guardsman
Aircraftman/woman
Fusilier
Kingsman
Rifleman
Airtrooper
Craftsman
OR-1
Private Class 4

Notes:

(1) In the performance of their duties in wards, nursing personnel are to use professional titles,
eg nurse, sister (charge nurse in respect of male nurses), senior sister, matron etc.

(2) The special position of the Queen Alexandra's Royal Naval Nursing Service is defined in
para J2.043.

(3) NATO Rank Codes in accordance with STANAG 2116.

(4) A qualified RAF Musician appointed to the post of Drum Major retains their normal rank while
holding the appointment.

Queen Alexandra’s Royal Naval Nursing Service

J2.043. Because of its differing rank titles, the Queen Alexandra’s Royal Naval Nursing Service
is not included in para J2.042 but is shown separately below equated with ranks in the Royal
Navy. The two tables should be read in conjunction with one another for equivalent ranks in the
other Services.

Royal Navy QARNNS

Rear Admiral
Commodore Commandant Nursing Officer
Captain Principal Nursing Officer
Commander Chief Nursing Officer

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Lieutenant Commander Superintending Nursing Officer

Lieutenant Senior Nursing Officer
Sub-Lieutenant Nursing Officer
Warrant Officer Warrant Officer
Chief Petty Officer Chief Petty Officer Registered General Nurse/Enrolled Nurse (General)
Petty Officer Petty Officer Registered General Nurse/Enrolled Nurse (General)
Leading Rating Leading Registered General Nurse/Enrolled Nurse (General)
Able Rating Student Nurse/Enrolled Nurse (General)

2.044 - 2.999. Reserved.

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ANNEX A TO CHAPTER 2

THE HOUSEHOLD DIVISION

(REFERRED TO IN PARAS 2.006 AND 8.051)

The following extracts from the revised edition of Her Majesty's Regulations for the Household
Division issued by Command of Her Majesty The Queen with effect from 12 August 1989 are
published for information.

Composition
1. The Household Division is composed of the Household Cavalry and the Foot Guards.

2. The full titles of the seven Regiments of the Household Division are:

a. The Household Cavalry.

(1) The Life Guards.

(2) The Blues and Royals (Royal Horse Guards and 1st Dragoons).

In addition, there is the Household Cavalry Mounted Regiment, a composite Regiment

comprising one squadron of the Life Guards and one squadron of the Blues and Royals.

b. The Guards Division.

(1) The First or Grenadier Regiment of Foot Guards.

(2) The Coldstream Regiment of Foot Guards.

(3) The Scots Regiment of Foot Guards.

(4) The Irish Regiment of Foot Guards.

(5) The Welsh Regiment of Foot Guards.

Definitions
3.

a. The term ‘Household Division' means the above seven Regiments.

b. ‘Guards Division’ is a collective term for all five Regiments of Foot Guards.

c. A Guards Brigade is a Brigade in the normal order of battle of which includes two major
units of the Household Division.

4. The term ‘Household Troops' means the Household Division and The King's Troops, Royal
Horse Artillery.

5. A Guards General is a General Officer promoted to the rank of Major General or above who
has previously held command of a Regiment or Battalion within the Household Division.

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6. The expression ‘Royal Family' or ‘Foreign Royal Family' includes only those Members who
are styled ‘Majesty' or ‘Royal Highness' of Reigning Royal Families.

The Sovereign
7. Her Majesty Queen Elizabeth II is Colonel-in-Chief of each of the seven Regiments of the
Household Division.

Colonels of Regiments
8. Each of the seven Regiments has an officer appointed by The Queen as Colonel of the
Regiment.

Senior Colonel Household Division

9. The Colonel who has been in office for the longest time in the Household Division normally
holds the appointment of Senior Colonel Household Division. A Colonel of a Regiment transferred
as Colonel to another Regiment of the Household Division counts their service as Colonel of their
former Regiment toward their seniority.

10. The Senior Colonel presides at the Senior Colonel's Conference of Colonels. They also act
as the Senior Officer present on other occasions when some, or all, of the Colonels of the
Household Division are together at a parade or other function. On such occasions when the
Senior Colonel is not present, their place will be taken by the next most senior Colonel present.

11. It is the duty of the Senior Colonel to advise the Sovereign on matters of policy concerning
the Household Division, taking into account the advice of the Colonels of Regiments, and the Major
General.

The Gold Stick

12. The two Colonels of Household Cavalry hold the office of Gold Stick and are in waiting in
alternate months. The name of the Gold Stick in Waiting is published each month as a Gold Stick
Order. The duties of the Gold Stick are to protect the person of the Sovereign, and to receive from
the Sovereign orders relating to the Household Cavalry, and to pass them through the proper
channels for promulgation.

The Major General

13. The executive command of the Household Division is vested in the Major General
Commanding the Household Division, who must be a Guards General. They are appointed by The
Queen.

14. All units of the Household Division in the London District, which includes Windsor are under
the Major General's command for all purposes. The Regiment of Household Cavalry stationed at
Windsor is normally under the administrative command only of the Major General. The Major
General will inspect or visit all units of the Household Division wherever they are at least once a
year.

15. The Major General has certain responsibilities towards all units of the Household Division
wherever they are stationed. These responsibilities include matters concerning personnel and
their postings, and subjects peculiar to the Household Division.

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16. The Major General has certain responsibilities concerning barracks and accommodation in
the London District, which are the traditional stations of units of the Household Division and The
King's Troop, Royal Horse Artillery, and can use these as they think fit.

17. The Major General will be considered an Independent Commander under the Ministry of
Defence in respect of units of the Household Division and The King's Troop, Royal Horse Artillery,
to which they have direct access on subjects peculiar to them.

18. All units brought into the London District at any time to carry out Public Duties or other
ceremonial in aid of, or in the absence of, units of the Household Division come under the Major
General's command for all purposes.

19. The Major General has sole responsibility for the Service aspects of State and other
ceremonial occasions in London. On these subjects the Major General will communicate directly
with the Private Secretary to The Queen, The Lord Chamberlain's Office, the Ministry of Defence
and any others concerned, including the Defence Services Secretary.

20. The Major General is to nominate a senior officer of the Household Division to command in
their absence.

Communication between the Major General and The Queen

21. Matters of policy concerning the Household Division or part of it which are out of the usual
routine and require The Queen's approval or decision, will, when practical, be conveyed to Her
Majesty by the Major General (in consultation with the Gold Stick in Waiting in the case of the
Household Cavalry, and the Senior Colonel in the case of the Guards Division).

22. While the Household Cavalry enjoy the special privilege of direct access to The Queen,
through the Gold Stick in Waiting, the normal channel of communication is through the Major
General.

23. On matters relating to the Household Division out of the usual routine, and more especially
on anything which may be concerned with the duties and privileges established by The Sovereign,
the Major General is to seek The Queen's pleasure.

Command and Control of Regiments

24. Headquarters Household Cavalry is commanded by a Colonel who must have served in one
of the two Regiments. They are addressed as the Lieutenant Colonel Commanding Household
Cavalry. They are assisted by a Retired Officer who holds the title and position of Regimental
Adjutant.

25. Headquarters Foot Guards controls the management of the five Regiments of Foot Guards
and overseas the military functions of the individual Regimental Headquarters. It is commanded by
a Lieutenant Colonel. They are addressed as Lieutenant Colonel Foot Guards and is assisted by a
small staff and the Regimental Adjutants of Foot Guards, in their separate Regimental
Headquarters. The Regimental Adjutants are all Retired Officers.

26. Each Regiment of Foot Guards is controlled, for Regimental affairs, by a senior serving or
recently retired officer, of at least the rank of Colonel. They are addressed as the Regimental
Lieutenant Colonel. They are assisted by a Regimental Adjutant. The Colonel of the Regiment
together with the Regimental Lieutenant Colonel may decide to appoint a Regimental Council,
comprising present and past members of the Regiment who are best able to advise on regimental
affairs. The Regimental Lieutenant Colonels are to be selected by the Regiment, confirmed by the
Major General Commanding The Household Division and approved by The Queen. They are to

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serve for three years, which can be increased by one year at a time to a maximum of six years.
Regimental Lieutenant Colonels may not serve in that capacity beyond the age of sixty five.

27. The maintenance of Regimental integrity in the Foot Guards is of paramount importance. To
that end:

a. The Regimental Lieutenant Colonels are responsible to the Major General

Commanding The Household Division for ensuring that their Regiments, Battalions,
Squadrons and Companies maintain the standards, traditions, customs and privileges of their
Regiments. They are to visit them at least once a year by arrangement with the
local formation commander.

b. Regimental Lieutenant Colonels are responsible for the initial selection of officers and
the financial affairs of their Regiments.

c. Regimental Adjutants remain responsible for the administration and efficiency of their
Regimental Bands and Regimental Headquarters Staff.

28. The Brigade Major will chair their regular meetings of Regimental Adjutants, including the
Household Cavalry, to discuss matters affecting the whole Household Division. The Lieutenant
Colonel Foot Guards will be invited to attend. The Lieutenant Colonel Foot Guards will take
account of the views of the Regimental Lieutenant Colonels when appropriate.

Command of Troops of the Household Division

29. A General or other officer under whose command the Household Division, or any portion of
it, may at any time be serving, is not to make any alteration in the system established for the
Household Division, without referring the matter to the Major General Commanding the Household
Division who in turn will refer it to The Queen through the Senior Colonel or the Gold Stick in
Waiting as appropriate.

The Major General’s Staff

30. The Chief of Staff London District is always to be an officer of the Household Division, and is
to assume the duties of the Major General during their absence.

31. The principal staff officer of the Household Division is the Staff Officer Grade 1 G1,
Headquarters Household Division (who is referred to, by their original title, as the Brigade Major).
The Brigade Major is responsible to the Major General for the day to day running of the Public
Duties and Household Division matters worldwide. They are the Major General's assistant.

32. The Staff Officer Grade 2 Foot Guards, Army Personnel Centre Glasgow, acts as the Major
General's Military Secretary for the whole Household Division, including those parts of the Division
stationed outside London District. The Major General is entitled to see the confidential reports of
all officers of the Household Division.

Communications with the Ministry of Defence on Household Division Matters

33. In general, Headquarters Household Division are to correspond direct with the Ministry of
Defence on behalf of the Household Division as a whole.

34. The Commander Household Cavalry is to deal direct with the appropriate branches of the
Ministry of Defence on subjects peculiar to the Royal Armoured Corps, on the Arms Plot for the
Household Cavalry, and on all Records Office matters. However, the Commander is to consult
with the Major General about policy concerning the Household Cavalry.

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The Silver Stick

35. The Commander Household Cavalry holds the office of Silver Stick in Waiting, an
appointment in the Royal Household.

36. In the absence of the Gold Stick in Waiting they assume their duties and precedence at any
State Ceremony or Function.

37. Through the authority of Gold Stick Orders they detail Regiments of the Household Cavalry
and individuals to carry out duties.

38. The Silver Stick in Waiting is to be in general charge of all duties found by the Household
Cavalry for The Queen in London and Windsor, and elsewhere when ordered. When they ride in
carriage processions their place is close behind the Gold Stick. In the absence of the Gold Stick
they ride by the right rear wheel of The Queen's carriage.

39. The Silver Stick in Waiting is to be in attendance on the Sovereign on the following
occasions:

a. The State Opening of Parliament.

b. During a procession from Windsor Castle and in St George's Chapel following a

Chapter of the Garter.

c. When troops of the Household Cavalry are on duty for The Queen.

He will also attend the Proclamation Council after the demise of a Sovereign.

Lieutenant Colonel Foot Guards

40. Lieutenant Colonel Foot Guards commands Headquarters Foot Guards and controls the
management of the five Regiments of Foot Guards. They oversee the military functions of the
Regimental Headquarters. In the event that the Chief of Staff Headquarters London District is not
a Foot Guards Officer, then Lieutenant Colonel Foot Guards will hold the appointment of Field
Officer in Brigade Waiting.

The Field Officer in Brigade Waiting

41. The Field Officer in Brigade Waiting holds an appointment in the Royal Household. They
perform their duties at State Ceremonies under the authority of the Lord Great Chamberlain, the
Lord Chamberlain and the Earl Marshal.

42. The Field Officer in Brigade Waiting is to be in attendance on the Sovereign on the following
occasions:

a. When the Sovereign drives in State to Open or Prorogue Parliament.

b. During a procession from Windsor Castle and in St George's Chapel following a

Chapter of the Garter.

c. When Guards of Honour are mounted by the Guards Division, the Field Officer in
Brigade Waiting is to be in attendance to receive The Queen's commands for the Foot
Guards.

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43. The Field Officer in Brigade Waiting is to command The Queen's Birthday Parade.

44. The Field Officer in Brigade Waiting is appointed by the Major General and is normally the
Chief of Staff London District. When they are not available or is not a Foot Guards Officer, the
Lieutenant Colonel Foot Guards is to assume the appointment. Commanding Officers of Battalions
may also be taken for this duty. The Field Officer in Brigade Waiting for The Queen's Birthday
Parade will normally be the Commanding Officer of the Battalion finding the Escort.

Ceremonial Duties of Her Majesty's Household Cavalry

45. The Household Cavalry are only to provide Escorts for The Queen and Members of the
Royal Family, and on such other occasions as The Queen may command.

46. The Household Cavalry are not to provide troops, whether mechanized, horsed, or on foot,
other than Regimental Bands, for parades, processions or for similar occasions unless such
attendance conforms with tradition and long established practice, or unless prior approval under
para 47 or 48 has been obtained.

47. When an application is made for the attendance of Household Cavalry, approval for which
would constitute a precedent, the Commander Household Cavalry must refer the matter to the
Major General. The Major General will seek The Queen's pleasure.

48. Applications for State Trumpeters will be made to the Silver Stick in Waiting.

49. The Regiments of the Household Cavalry are to furnish the following:

a. The Queen's Life Guard.

b. Guards of Honour.

c. Sovereign's Escort.

d. Captain's Escort with Standard.

e. Captain's Escort without Standard.

f. Prince of Wales's Escort.

g. Escorts for other Members of the Royal Family.

h. Travelling Escorts (with or without Standard).

i. Regalia Escort.

j. Other Escorts as The Queen may command.

k. Dismounted Party for the Staircase at the House of Lords.

l. Dismounted Party to line the roadway to St George's Chapel, Windsor Castle, on the
occasion of a Chapter of the Garter.

m. Staircase Parties for State Visits, Investitures and other Court functions.

n. Certain duties at the Coronation, the Burial of a Sovereign, or at State Funerals.

o. Street Duties.

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p. Such other duties as The Queen may from time to time decide.

Ceremonial Duties of Her Majesty's Regiments of Foot Guards

50. Subject to overriding operational commitments it is The Queen's wish that the Foot Guards
shall:

a. Mount the Public Duties in London and Windsor.

b. Find the Guards of Honour in London and Windsor on the occasion of:

(1) State Visits.

(2) The State Opening of Parliament.

(3) Informal visits by Heads of State.

c. Provide Street Liners for all State Occasions in London or at Windsor.

d. Provide the Guards for The Queen's Birthday Parade in London.

e. Provide Warrant and Non Commissioned Officers for duty at Garden Parties at
Buckingham Palace.

f. Perform certain duties at the Coronation, the Burial of the Sovereign and at State
Funerals.

g. Perform such other duties as The Queen may from time to time decide.

Ranks of Non Commissioned Officers

51. By long established custom all full Corporals within the Household division are, from the time
of their promotion to the rank of Corporal, appointed Lance Corporal of Horse or Lance Sergeant,
and are dressed accordingly. As such, they are full members of the Warrant Officers' and Non
Commissioned Officers' Mess or the Sergeants' Mess, on the same basis as a full Corporal of
Horse or full Sergeant.

Standards and Colours, Royal Guards and Compliments

52. Each of the two Regiments of Household Cavalry have a Sovereign's Standard and three
Squadron (or Union) Standards. In addition, The Blues and Royals have a Regimental Guidon.

53. The three Senior Regiments of Foot Guards each have State Colours which, in the case of
the Grenadier Guards, is the Queen's Company Colour, The Royal Standard of the Regiment.

54. Each Battalion has a Queen's Colour and a Regimental Colour.

55. The rules for the carrying and bearing of Standards and Colours are laid down in ‘Her
Majesty's Regulations for the Household Division' which also include the rules for The Queen's Life
Guard, The Queen's Guard, The Windsor Castle Guard and the compliments to be paid on all
occasions by members of the Household Division.

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CHAPTER 3

DUTIES OF COMMANDERS

General Responsibilities
3.001. Common to all levels of command from independent sub units upwards is the
responsibility of the commander for:

a. The command, training, safety, security, discipline, maintenance of Army Values and
Standards 1education, health, welfare, morale and general efficiency of the troops under
command.

b. The efficient administration of their command.

c. Ensuring that mobilization plans are prepared and that all ranks know and are trained
for their duties on mobilization.

d. The general welfare of the families of personnel under command, or the families of
personnel on detached service elsewhere where the personal circumstances of these
families bring them within the regimental or geographical area of responsibility of the
commander concerned.

e. The maintenance of friendly and courteous relations with the civil authorities and the
local populace, and the prevention of trespass or nuisance by troops in their command.

f. Reporting immediately to higher authority all cases in which troops under their
command are engaged in riots or disturbances, either among themselves or when civilians
have been concerned, and reporting the result of their inquiries into the circumstances and
the action taken.

3.002. A commander at any level from independent sub unit upwards may issue standing
orders for their command. Standing orders may also be issued in relation to any corps or regiment.

Special Responsibilities
3.003. CinCs, commanders of independent commands overseas, and division and/or district
commanders in the United Kingdom, are responsible to the Defence Council for exercising the
financial powers given to them by regulations but may as permitted by regulations delegate such
powers to subordinates. The discretion as to delegation rests with the CinC or commander, who
will in any event retain the ultimate responsibility. On behalf of the Defence Council they are to
ensure that:

a. The money voted by Parliament is not expended without due authority under the rules
laid down by Parliament and the Treasury.

b. The money is not diverted to purposes other than those contemplated by Parliament.

c. The sums allotted to them under the various subheads of the votes are not deliberately
exceeded.

d. Losses and unremunerative expenditure generally are not written off contrary to
regulations.

1
The most recent version (June 2012) of Values and Standards of the British Army (AC 63813) is replicated at Annex B.

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e. Public funds are not used to finance private transactions without prior approval of the
Ministry of Defence.

3.004.

a. The powers conferred on commanders at various levels and on certain other officers to
authorize the write off of losses, together with the procedures for exercising such powers, are
shown in AGAI 134. Write off action should be taken in respect of stores losses in cases
being handled by the Ministry of Defence (Directorate of Business Resilience, Common Law
Claims & Policy (DBR CLCP) but without regard to any recovery which may or may not be
made.

b. It must be stressed, however, that Ministry of Defence (Army) sanction is required for
all gifts of stores, charitable grants, payments of compensation and ex gratia or fruitless
payments. Commanders have no powers to pay compensation, nor to abandon claims, in
cases falling within the jurisdiction of the Ministry of Defence (DBR CLCP), as set out in
Annex A to this Chapter.

3.005. Overseas, CinCs and commanders of independent commands are responsible for
recruiting within their commands. In the United Kingdom the responsibility rests with division
and/or district commanders.

3.006. CinCs and commanders of independent commands overseas are responsible for
ensuring that each major and minor unit in the Regular Army, and each independent unit in the
Territorial Army, completes the unit Measurement of Fighting Power (MFP) twice each year and
submits them through the approved chain of command. Detailed instructions for the completion of
MFP are contained in AGAI 2, para 2.291 et seq.

3.007. The CinC, GOC or commander in a command where a civil secretary or command
secretary is appointed (see para 4.008) is responsible that the latter is kept in close touch with all
questions of general policy.

3.008. Divisional and field force or equivalent commanders will be responsible, under direction
of superior headquarters, for the matters listed in para 3.001 specifically for the training of their
troops for operations.

3.009. Division and/or district commanders are also responsible for:

a. Direction, control and co-ordination of all recruiting and liaison agencies in their
divisions or districts, ensuring that policy instructions and technical directions from the
Ministry of Defence (Army Recruiting and Training and Division (ARTD)(Comd Recruiting
Gp)) are carried out by the recruiting and liaison staff under their command.

b. Quartering.

c. Implementations of resettlement policies as advised by the Ministry of Defence

(DETS(A)).

3.010.

a. The responsibility for placing towns, areas and premises out of bounds rests with the
local commander, who does so upon the advice of their medical and provost advisers. All
places put out of bounds are to be notified to the next higher formation headquarters, who
are to inform the other two Services where this would be applicable.

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b. Out of bounds areas and establishments are not to be marked or identified unless
ordered by the higher formation commander but all out of bounds areas and establishments
are to be notified in all formation and unit orders at frequent intervals.

c. Areas placed out of bounds to the other two Services should also be out of bounds to
all members of the Army but agreement on the particular areas is to be achieved by the
higher Army formation commander with the other Service commanders.

3.011. Reserved.
3.012. The appointed garrison commander, station commander or other local area
commander is in all cases held responsible for the maintenance of discipline and order within their
area of responsibility. The exercise of disciplinary powers remains with the disciplinary chain of
command.

3.013.

a. The commandants of Army and arms or service schools are responsible for interpreting
the policy for instruction laid down by the Ministry of Defence (Army) in the charter for their
school or, in the case of ARTD schools, in the ARTD Business Plan. In addition to their
purely training commitment they may, subject to a previously agreed level of funding
between themselves and the relevant sponsor, be required to:

(1) Review existing tactical doctrine in the light of developments in their equipment
and techniques and advise the director of their arm or service accordingly (this does
not, however, apply to the Commandant Royal Military College of Science, to whom
specific instructions on this subject are given in their directive);

(2) Carry out liaison with other Services, departments, establishments, schools,
training colleges and formation headquarters;

(3) Prepare, edit and comment on training pamphlets, as appropriate, as the Subject
Matter Experts (SME);

(4) Carry out trials or evaluation projects ordered by the Ministry of Defence (Army);

(5) Advise on the requirements for, and the supervision of, the production of training
aids, films and film strips.

b. In particular, the Commandant of the Royal School of Artillery is responsible for the
technical supervision of artillery training at all practice camps, military establishments and
manoeuvre areas; and the Commandant, Royal School of Signals is responsible for
maintaining on behalf of the Ministry of Defence (Army) close liaison with schools and
training establishments of other arms and services in the United Kingdom which are
concerned in signal training, with a view to ensuring the preservation of a common signal
doctrine throughout the Army.

Commanding Officer of a Unit

3.014. The responsibilities of the commanding officer of a unit are set out in Chapter 5.

3.015 - 3.999. Reserved.

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ANNEX A(J) TO CHAPTER 3

HEAD OF COMMON LAW CLAIMS AND POLICY

(Referred to in Paras 3.004, J7.045 and J7.046)
(Sponsor: Directorate of Judicial Engagement Policy, Common Law Claims and Policy)

Constitution Sponsor: DJEP CLCP

J1. The Head of Common Law Claims and Policy (Head of CLCP) and staff act on behalf of the
Secretary of State for Defence and are the sole authority responsible for the investigation,
negotiation and settlement of claims for compensation on a legal liability basis and in line with
common law principles by and against the MOD. Claims Managers have delegated financial
authority to pay compensation which may only be delegated to others with the agreement of the
Head of CLCP.

Duties Sponsor: DJEP CLCP

J2. CLCP deal with claims at common law made by or against the MOD arising out of:

a. Road traffic collisions involving MOD owned and leased vehicles, excluding those
occurring in the United Kingdom which are dealt with by a commercial claims handling
organisation.

b. Death of, illness or personal injury to Service personnel, dependants and other entitled
patients as a result of clinical negligence.

c. Incidents involving death or personal injury to on duty Service personnel prior to 1 July
1996.

d. MOD aircraft activity, including crashes but excluding claims arising out of the
participation of Service aircraft in air displays, tattoos, etc, which are covered by the MOD’s
non core third party aviation liability insurance.

e. Maritime accidents including salvage, collisions, damage to fishing gear, etc.

f. Accidents involving death or injury to civilian employees of the MOD, except for those
in the UK and those involving United Kingdom Based Civilians (UKBC) overseas (but not
LEC) which occurred after 1 March 1982, as these are dealt with under the MOD’s
employer’s liability claims handling arrangement with commercial claims handlers.

g. Common law claims by and against the Visiting Forces based in the UK which are dealt
with under Section 9 of the Visiting Forces Act and Article V111, para 5, NATO Status of
Forces Agreement. Overseas, Area Claims Officers deal with claims covered in
international agreements governing the status of United Kingdom Forces and the civilian
component and advises on claims matters in connection therewith (See Appendix 1 to this
Annex).

h. Occurrences involving the death or injury or loss or damage of the property of other
third parties.

i. Overseas only:

(1) Damage to lands, buildings, crops, private roads not leased or under contract and
public roads during training and manoeuvres or at other times.

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(2) Off duty incidents in which Service personnel, members of the civilian component
and staff of sponsored organisations are involved and the claims are of a tortuous
nature.

J3. Other duties of the Hd of CLCP and their staff include:

a. Preparing financial estimates, Short Term Financial Plans, Management Plans, Claims
Annual Report, etc.

b. Giving advice to, and on behalf of, the MOD on matters relating to insurance and
indemnities, except on contractual or lands matters.

c. Advising on policy relating to ex gratia claims for compensation from MOD civilian and
Service personnel from the loss of or damage to personal property.

d. Managing the MOD's commercial claims handling arrangements in the UK in respect of

motor and employers' liability risks.

e. Managing the MOD's commercial aviation insurance arrangements in respect of third

party risks in the field of:

(1) Civilian use of MOD airfields.

(2) Fare paying passengers.

(3) Participation by MOD aircraft in air displays, tattoos, etc., worldwide.

(4) Income Generation activities.

J4. DJEP CLCP does not deal with claims made by or against the MOD arising out of:

a. Damage to land, crops, buildings and roads caused during training and manoeuvres on
land in the UK. These are managed under a financial delegation from Hd of CLCP to
Defence Infrastructure Organisation (DIO).

b. Requisitions, hirings, purchases or other contracts. These are dealt with by the
relevant Contracting Authority.

c. Royal Warrants or certain other departmental regulations.

J5. Financial powers necessary for settling claims which fall within DJEP CLCP jurisdiction have
been delegated to the Hd of CLCP and his/her staff. None of the claims described in para 2 may
be settled by any other person or body.

J6. The address for CLCP is:

Ministry of Defence
DJEP CLCP
Level 3, Spine 3, Zone H & I
Main Building
Whitehall
LONDON
SW1A 2HB
Tel: Military – 9621 86388, 81842 (0207 218 6388, 1842)
Email: [email protected]

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J7. DJEP CLCP staff deploy, as required, with operational civil secretariats and on major
overseas exercises. The addresses of permanent Claims representatives are shown in
Appendix 1 to this Annex.

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Intentionally blank

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APPENDIX 1 TO ANNEX A(J) TO CHAPTER 3

GEOGRAPHICAL RESPONSIBILITIES AND ADDRESSES OF CLAIMS OFFICES

Geographical Address Telephone Number
Responsibility
(a) (b) (c)
Austria Area Claims Office Mil: 94881 2546, 2547, 2548
Belgium (North West Europe) Civ: 0521 9254 2546, 2547, 2548
Czech Republic G8 Fax: 94881 2545
France HQ BFG Civ Fax: 0521 2545
Germany Catterick Barracks DII: BFG-HQ-G8-CLAIMS-SO3
Hungary Bielefield
Luxembourg BFPO 140
Netherlands
Norway
Poland

Canada Canada Office of the DND/CF Civ: 0011 613 992 8503
LA Fax: 0011 613 995 7868
10th Floor, Constitution Bldg
305 Rideau Street
OTTAWA
ONK1A 0K2

Cyprus Area Claims Officer Episkopi Mil: 94120 3406/3573

Cyprus Civ: 00357 2596 3406/3573
HQ Comd Sec BFC Fax: Ext 2427
BFPO 53 DII: BFC-
[email protected]

Falkland Islands & Command Secretary Mil: 94130 6485 / 6175

Ascension Islands HQ British Forces Civ: 00500 76175
Falkland Islands Fax: 94130 6415
BFPO 655 Civ Fax: 00500 76415
DII: BFSAI-FLT HQ CmdSec

Afghanistan SO2 Claims Mil: 926096 7286 Claims

J8 Civ Sec Fax: 926096 2935
Op HERRICK
BFPO 715
USA Service Manager Civ: 001 202-588 6848
Business Services Mil: 923 198 455 6843
BDS-US Fax: 001 202-588 7891
British Embassy
Washington DC 20008 Chots: BDSUS-DBM-DIS-
BFPO 2 SERVICEMGR

DII: BDSUS-DBM-DIS-
SERVICEMGR

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All salvage claims DJEP CLCP Mil: 9621 81842

irrespective of location Level 3, Spine 3, Zone I Civ: 020 7218 1842
Main Building
Whitehall
LONDON
SW1A 2HB

Public Liability Claims & DJEP CLCP Public Liability Mil: 9621 80380
RTA’s Overseas Not Team Civ: 020 7218 0380
covered by an Area Level 3, Zone H & I Fax: 020 7218 6481
Claims Officer Main Building
Whitehall
LONDON
SW1A 2HB

Offices of the Sending States (NATO)

Where the United Kingdom is the ‘Sending State’' in the context of Article VIII of the NATO Status
of Forces Agreement, claims by and against the Ministry of Defence will, in the first instance, be
investigated by the ‘Host Nation’ and then forwarded to the following:

Albania British Embassy, Tirana

Belgium British Embassy, Brussels
Bulgaria British Embassy, Sofia
Canada British Defence Liaison Staff (Army), British High Commission, Ottawa
Croatia British Embassy, Zagreb
Czech Rep British Embassy, Prague
Denmark Office of the Defence Naval, Military and Air Attache, British Embassy,
Copenhagen
Estonia British Embassy, Tallinn
France British Embassy, Paris
Germany British Embassy, Berlin
Greece Military Attaché, British Embassy, Athens
Hungary British Embassy, Budapest
Iceland British Embassy, Reykjavik
Italy Naval Attaché, British Embassy, Rome
Latvia British Embassy, Riga
Lithuania British Embassy, Vilnius
Luxembourg British Embassy, 5 Boulevard Joseph 11, L-1840 Luxembourg
Netherlands British Embassy, The Hague
Norway British Embassy, Oslo
Poland British Embassy, Warsaw
Portugal Naval Attaché British Embassy, Lisbon
Romania British Embassy, Bucharest
Slovakia British Embassy, Bratislava
Slovenia British Embassy, Ljubljana
Spain British Embassy, Madrid
Turkey Air Attaché British Embassy, Ankara
UK British Embassy, London
USA British Defence Liaison Staff, British Embassy, Washington DC

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ANNEX B TO CHAPTER 3

VALUES AND STANDARDS OF THE BRITISH ARMY1

Foreword by the Chief of the General Staff

“The British Army has a worldwide reputation for excellence, a strong reflection of its soldiers and
officers. This reputation derives from, and depends upon, unequivocal commitment, self-sacrifice
and mutual trust. Our Values and Standards are vital to operational effectiveness - they are the
lifeblood that sustains the Army. They have to be more than just words, we must believe in them
and live by them. Therefore, it is the effective and coherent translation of these Value and
Standards into actions that must penetrate every command and organization until they are
instinctive.

Commanders create their command ethos and must ensure that Values and Standards are at the
centre of it, through personal example and by educating and training their subordinates. The
responsibility of commanders to be at the heart of this process cannot be delegated, and I hold you
all accountable for it. The Values are about character and spirit: the Standards define our actions
and behaviour: I expect everyone in the Army to abide by these Values and Standards.”
Chief of the General Staff2

Introduction
1. The reputation of the British Army is extremely high. This tradition of excellence - and the
public support it engenders - depends in large part on the operational effectiveness of the Army
that results from the high standards of professionalism, individual behaviour and self-discipline of
the British soldier, both on and off operations. These qualities cannot be taken for granted and are
only possible if they are underpinned by a robust and clearly understood framework of Values and
Standards. It requires all of us to understand and live by them; and for all commanders – from the
most senior to the most junior - to show emphatic leadership.

2. Land operations are complex, dangerous and demanding - both physically and mentally.
Soldiers have the responsibility and legal right to use lethal force, and may be required to lay down
their own lives and risk those of their comrades. It is operational effectiveness that requires the
Army to have values and standards that are different from society - ‘need to be different’ not right
to be ‘different’. However, the Army is not immune from changes in society, and this is reflected in
the attitudes and behaviour of those who enlist. Therefore we must explain why our Values and
Standards are more demanding of the individual; and why such demands are equally necessary on
and off duty.

3. The Army’s Values and Standards are not abstract concepts whose origins lie solely in the
demands of battle. Values are the moral principles - the intangible character and spirit - that
should guide and develop us into the sort of people we should be; whereas Standards are the
authoritative yardsticks that define how we behave and on which we judge and measure that
behaviour. They reflect, and are consistent with, the moral virtues and ethical principles that
underpin any decent society. It is important that they are explained within that wider context, for it
is vital that soldiers understand these Values and Standards and are able to apply them in today’s
complex operations. To that end, the articulation of these Values and Standards needs to be
accompanied by a continuous and appropriate example; by all commanders, junior and senior
alike. Our Values and Standards apply at all times: whether on operations, in barracks, in our
homes or off duty.

1
The Commanders’ version of Values and Standards of the British Army - AC 63813. This is the text of the most recent version (June
2012).
2
Foreword- January 2008 – by the then CGS, General Sir Richard Dannatt.

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The Operational Imperative

4. For the Army, the consequences of winning or losing on operations are profound, for the
Nation, the Army and for the individual. Consequently British Military Doctrine states that
operational effectiveness is the standard by which the Army will be judged, and defines it in terms
of fighting power. Within the hierarchy of fighting power it lays emphasis on the moral component:
the ability to get people to fight. For the Army, this is achieved in the Land environment where
operations are at their most complex.

5. Soldiers are required to close with the enemy, possibly in the midst of innocent bystanders,
and fight; and to continue operating in the face of mortal danger. This is a group activity, at all
scales of effort and intensities. Soldiers are part of a team, and the effectiveness of that team
depends on each individual playing their part to the full. Success depends above all else on good
morale, which is the spirit that enables soldiers to triumph over adversity: morale linked to, and
reinforced by, discipline.

6. Morale consists of many factors, including confidence in equipment, good training and
sound administration; but ultimately it is the confidence between commanders and subordinates
and between individual soldiers. Such confidence is a product of leadership and comradeship.
High morale cannot be created overnight, but requires the forging of close bonds of professional
and personal trust, which will withstand the stresses imposed by the demands of operations. It
requires commitment and self-sacrifice and to put the interests of the team and the task ahead of
one’s own.

7. Values and Standards directly contribute to the Army’s ethos and to fighting power. They are
a moral requirement and have functional utility. Upholding them is the collective responsibility of all
members of the Army. They are the foundations of teamwork, and are interdependent. If any one
of them is lacking, the team and the mission are threatened. They are fostered and enhanced by
good leadership, training and man-management, throughout the chain of command.

‘The military virtues are not in a class apart; “they are virtues which are virtues in every walk of life
... none the less virtues for being jewels set in blood and iron.” They include such qualities as
courage, fortitude and loyalty. What is important about such qualities as these ...is that they
acquire in the military context, in addition to their moral significance, a functional significance as
well. The essential function of an armed force is to fight in battle. Given equally advanced military
techniques a force in which the qualities I have mentioned are more highly developed will usually
defeat a stronger force in which they are less. Thus while you may indeed hope to meet these
virtues in every walk of life and a good deal of educational effort is spent on developing them as
being generally desirable, in the profession of arms they are functionally indispensable. The
training, group organizations, the whole pattern of life of the professional man at arms is designed
in a deliberate effort to foster them, not just because they are morally desirable in themselves, but
because they contribute to military efficiency.’

“The Profession of Arms” - The 1962 Lees Knowles lectures,

Lt Gen Sir John Hackett

Values

Courage
8. All soldiers must be prepared to use lethal force to fight: to take the lives of others, and
knowingly to risk their own. They may need to show restraint, even when doing so involves
personal danger. They may witness the injury or death of their comrades but still continue with the
task in hand. This requires physical courage, and soldiers will depend on each other for it. Moral
courage is equally important. That is the courage to do what is right even when it may be

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unpopular, or risk ridicule or danger, and to insist on maintaining the highest standards of decency
and behaviour at all times. This earns respect and fosters trust. Courage - both physical and
moral - creates the strength upon which fighting spirit and success on operations depend. It is a
quality needed by every soldier, but it is especially important for those placed in positions of
authority, because others will depend on their lead and respond to it.

Discipline
9. To be effective on operations, the Army must act as a disciplined force: commanders’ orders
carried out, everybody confident that they will not be let down by their comrades. Discipline is the
primary antidote to fear and maintains operational effectiveness: it is supported by team loyalty,
trust and professionalism. Discipline instils self-control and breeds self-confidence. Good
discipline means that all soldiers will obey orders, under the worst conditions of war, and to do so
with imagination and resource. The best discipline is self-discipline: innate, not imposed. The
Army expects self-discipline from every soldier, and training aims to strengthen it. Discipline
requires clearly understood rules and a military legal system to enforce it. This discipline system
must be fairly applied both on and off duty by all those in positions of authority.

Respect for Others

10. Respect for others is a hallmark of the British Army: it comes from the duty to put others first
and means that there is no place for prejudice or favouritism. Like loyalty, respect for others goes
both up and down the chain of command and sideways among peers. The Army’s recruiting motto
‘Be the Best’ can only have meaning if all members of it have equality of treatment and opportunity.

11. Respect for others also extends to the treatment of all human beings, especially the victims
of conflict, the dead, the wounded, prisoners and civilians, particularly those we have deployed to
help. All soldiers must act within the law and the nature of modern, complex, land based
operations makes it essential that they maintain the highest standards of decency and fairness at
all times, even under the most difficult of conditions. This includes behaviour when off duty
including towards family members. External scrutiny, including intense media interest, is now an
attendant part of all aspects of military life. Soldiering is about duty: so soldiers should be ready to
uphold the rights of others before claiming their own.

Integrity
12. Soldiers must be welded into strong and robust teams in order to achieve success on
operations, where individual needs and desires are subordinated to those of the team, however
unpalatable or dangerous. Therefore, integrity has a unique significance to soldiering, it is
essential to trust: soldiers must have complete trust in each of their comrades for their lives may
ultimately depend on it. Integrity means being honest and truthful. All forms of deceit and
dishonesty constitute a lack of integrity: they call into question whether an individual can be relied
upon, damaging the team and therefore operational effectiveness. All commanders are
responsible for defining and maintaining standards of personal behaviour in the Army by example,
direction and education. Integrity also demands that those who are in positions of authority, at
whatever level, set the highest standards and are fair and consistent to their subordinates. A
leader’s example in personal behaviour is vital, and this responsibility increases with rank.

Loyalty
13. Loyalty binds all ranks of the Army together: it goes both up and down. It turns individuals
into teams, creating and strengthening the formations, units and sub-units of which the Army is
composed. The Nation, the Army and the chain of command rely on the continuing allegiance,
commitment and support of all who serve: that is, on their loyalty. Equally important is that all
soldiers, and their families, must be confident that the Army and the Nation will treat them with

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loyalty and fairness. The Army’s loyalty to the individual is expressed in the Military Covenant - it
manifests itself in justice, fair rewards, and life-long support to all soldiers.

14. Those in authority must be loyal to their subordinates: representing their interests
faithfully, dealing with complaints thoroughly and developing their abilities through progressive
training. Subordinates must be loyal to their leaders, their team, and their duty. Being loyal to
ones’ leaders or subordinates does not mean that wrong-doing should be condoned or covered up:
this is misplaced loyalty and questions a soldier’s integrity. Loyalty, though expected, must be
earned through commitment, self-sacrifice, courage, professionalism, decency and integrity.
These qualities are required both on and off duty as they are enduring characteristics that cannot
be turned on and off at will.

Selfless Commitment
15. The British Army is structured and trained for operations, not for the convenience of
administration in barracks. On joining the Army soldiers accept a commitment to serve whenever
and wherever they are needed, whatever the difficulties or dangers may be. Such commitment
imposes certain limitations on individual freedom, and requires a degree of self-sacrifice.
Ultimately it may require soldiers to lay down their lives. Implicitly it requires those in positions of
authority to discharge in full their moral responsibilities to subordinates. Selfless commitment is
reflected in the wording of the Oath of Allegiance which is taken on attestation. In it, soldiers agree
to subordinate their own interests to those of the unit, Army and Nation, as represented by the
Crown:

“I swear by almighty God that I will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth II, her heirs and successors and that I will as in duty bound honestly and faithfully defend
her Majesty, her heirs and successors in person, crown and dignity against all enemies and will
observe and obey all orders of her Majesty, her heirs and successors and of the generals and
officers set over me.”3

16. Irrespective of private beliefs, this Oath embodies the context within which the British Army
fights and operates. It expresses the loyalty of every soldier to the Sovereign as Head of State.
These relationships find expression in the Colours, Standards and other emblems of Regimental
and Corps spirit, which derive from the Sovereign. Personal commitment is the foundation of
military service. Soldiers must be prepared to serve whenever and wherever required and to do
their best at all times. This means putting the needs of the mission and of the team before
personal interests.

The Army’s Standards

17. The Values outlined above underpin the ethos of the Army and contribute directly to
achieving operational effectiveness. In sustaining these Values, every soldier must strive to
achieve and maintain the highest professional and personal standards. It is impractical to identify
here every standard required in every aspect of a soldier’s professional and private life. The
Army’s Standards are designed to ensure that all behaviour is lawful; appropriate; and totally
professional. Domestic abuse and domestic violence is not tolerated by the Armed Forces.
Commanders have to understand the context and set out the Standards in sufficient detail required
by the situation; clear communication on what is expected and why is essential. Officers and
soldiers must avoid behaviour that risks degrading their professional ability or which may
undermine morale by damaging the trust and respect that exists between individuals who depend
on each other. For this reason the Army takes a different and more demanding approach towards
certain types of behaviour and relationships that might, in society, be regarded as a matter of
individual choice or morality, and of no concern to the wider community.

3
Those who do not believe in God “I solemnly, sincerely and truly declare and affirm that …”

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Lawful
18. All soldiers are subject to the criminal law of England wherever they are serving, and they
have a duty to uphold it. In that respect they are no different from other citizens, and all civil
offences have been fully embraced within military law.4 When deployed on operations soldiers are
subject to international law, including the laws of armed conflict and the prescribed rules of
engagement, and in some cases local civil law. Taken together, such laws establish the baseline
for the standards of personal conduct of the soldier as a citizen.

19. The Role of Officers. Leadership is the principal duty of all officers; those holding
Commissions, Warrants and non-commissioned officers. Commissioned officers in the British
Army have a special responsibility for leadership. The Queen’s Commission means that it is
always the duty of a commissioned officer to take moral responsibility for the task and those
subordinate in rank, whether they are in their direct chain of command or not. This includes setting
an example both on and off duty. In the heat of battle, and in an environment sometimes
dominated by high emotion and the pernicious effects of boredom and complacency, officers
should have a strong enough moral compass and sufficient backbone to avoid over-familiarity and
favour. They are required to prevent breakdowns in standards, ethics and the law; or simply to grip
a deteriorating situation, failures in battlefield discipline, dress or bearing. The pressures or
achievements of operations should not be used as an excuse to ignore or tolerate poor discipline
or low professional standards. That would be a failure of moral courage and professional
obligation and a breach of trust.

“You are, in such manner and on such occasions as may be prescribed by us, to exercise and well
discipline in their duties such officers, men and women as may be placed under your orders from
time to time and use your best endeavours to keep them in good order and discipline…in
pursuance of the Trust hereby reposed in you.”5

20. All soldiers have the right to live and work in an environment free from harassment, unlawful
discrimination and intimidation. Any unjustifiable behaviour that results in soldiers being unfairly
treated is fundamentally incompatible with the ethos of the Army, and is not to be tolerated.
Discrimination and harassment may also contravene civil and criminal law: any form of
discrimination or harassment undermines trust and confidence, especially in those in positions of
authority.

21. Operational effectiveness requires the Army to be physically robust and, when necessary, to
display controlled aggression: this requires rigorous and demanding training. However, the use of
physical strength or the abuse of authority to intimidate or victimize others, or to give unlawful
punishments is unacceptable and will undermine trust and respect. It is also illegal. It is the
responsibility of commanders to protect others from physical and mental bullying, and to deal with
it promptly.

Appropriate Behaviour
22. The operational imperative to sustain team cohesion and to maintain trust and loyalty
between commanders and those they command imposes a need for a standard of social behaviour
more demanding than those required by society at large. This is equally necessary both on and off
operations, on and off duty. It is important to acknowledge in the tightly knit military community the
need for mutual respect and the requirement to avoid conduct that offends others.

23. Social misbehaviour can undermine trust and cohesion and, therefore, damage operational
effectiveness. It is not practicable to list every type of conduct or relationship that may constitute

4
s70 of Army Act 1955 and from Jan 09 s42 of the Armed Forces Act 2006.
5
Extract from the Queen’s Commission (to all commissioned officers).

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social misbehaviour6, but it includes: unwelcome sexual attention; over-familiarity with the spouses
or partners of other Service personnel; displays of affection which might cause offence to others;
behaviour which damages or hazards the marriage or personal relationships of Service personnel
or civilian colleagues within the wider defence community; and taking sexual advantage of
subordinates. The seriousness with which misconduct will be regarded will depend on the
individual circumstances that prevail at that time and the potential for adversely affecting
operational effectiveness. Nevertheless, misconduct involving abuse of position, trust or rank, or
taking advantage of an individual’s separation will be viewed as being particularly serious.

Total Professionalism
24. It is accepted that all soldiers must exercise the highest standards of professionalism, as
befits their rank and appointment, at all times to both safeguard operational effectiveness and also
the Army’s reputation.

25. Members of the Army are not permitted to disclose Service information or express views on
official matters or experiences to any media organization without prior approval from the Ministry of
Defence, sought through the chain of command; this includes leaking official information to the
media. Besides being contrary to regulations, it is unprofessional and can damage the reputation
and interests of the Ministry of Defence and the Armed Forces and, whether intentional or not,
undermines the Army’s apolitical position.

26. The effects of excessive drinking are severe: impaired judgement, endangered health,
degraded performance and are the major cause of ill discipline. It generates a loss of self-control,
which can lead to unacceptable behaviour accompanied by criminal violence. Personnel under the
influence of alcohol cannot be relied upon to perform their duties competently; putting their own
lives and those of others at risk. Excessive alcohol consumption is not to be tolerated;
drunkenness is a military offence. Commanders are to ensure that social functions take place in a
controlled environment, where alcohol is consumed responsibly and that there is no degeneration
into excessive drinking. They must also set an example through their own moderation. Failure to
do so will call into question their self-discipline and moral courage, and their ability to exercise the
responsibilities of their rank. Help will be offered to those willing to reform, but those who do not
respond to rehabilitation will be considered for discharge. Driving under the influence of alcohol is
a particularly serious offence that endangers others and displays a lack of judgement and self-
discipline: a conviction will almost certainly affect an individual’s employment and career in the
Army.

27. Drug misuse is not only illegal, it poses a significant threat to operational effectiveness. Drug
misusers are a liability to themselves and to their colleagues: their judgement is impaired; their
health damaged; and their performance degraded. In short, they can be neither trusted nor relied
upon. The Army’s policy for those who commit a drug offence is based on dismissal.

28. Those entrusted with public and non-public funds must adhere to, unswervingly, the
appropriate financial regulations. Dishonesty and deception in the control and management of
these funds is not a ‘victimless crime’ but show a lack of integrity and moral courage which have a
corrosive effect on operational effectiveness through the breakdown in trust.

29. Officers and soldiers also are expected to manage their own financial affairs responsibly.
Such matters are usually regarded as personal, but where the Army becomes involved,
administrative or disciplinary action may be taken. Unmanageable or irresponsible indebtedness
displays a lack of judgement and self-discipline. It may create an administrative burden, and could
lead to an individual becoming a security risk. Cases involving those in a position of responsibility
are particularly serious because they call into question their ability to manage the welfare of

6
Greater detail can be found in Annex B to AGAI 67 - the Armed Forces Code of Conduct.

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subordinates and public funds. Whilst the Army will counsel and advise personnel who are in debt,
irresponsible indebtedness is likely to affect an individual’s employment and career.

Application
30. Inculcating and maintaining the Army’s Values and Standards is the responsibility of all
commanders. It requires more than a single period of instruction (MATT 6) per year; it must
pervade all training activity, career development and be the focus of all leaders on what example
their subordinates also should concentrate. As with mission command, commanders must give
direction, delegate and then supervise. Where the ‘bottom line’ is not profit and loss, but the death
or maiming of people including comrades, all soldiers must understand why they have to behave in
a particular way, rather than following a set of rules blindly. Although Values and Standards can
be imposed and regulated through discipline, it is self-discipline that will encourage all ranks to
adhere to the Values and Standards, recognizing the inherent value of such qualities and conduct.

31. Commanders must recognize that this is challenging, requiring them to provide leadership
and example. Therefore, all commanders must lead by example: they are responsible for
explaining, instilling and ensuring that these Values and Standards are understood and adhered to
by their subordinates. Effective and timely communication between commanders and
subordinates is crucial to this process.

The Service Test

32. The Service Test applies to everyone in the Army, at all times (both on and off duty)
regardless of rank. Individuals who fail to uphold the Values and Standards should have their
failings made clear to them and issues such as lack of moral courage or integrity should be
reported as characteristics in mid-year and annual appraisals. More serious failures may be
subject to disciplinary or administrative action. Unacceptable conduct requires prompt and positive
action to prevent damage: timely advice and informal action can often prevent a situation
developing to the point where it could impair the effectiveness of a unit. A decision on what action
is taken and the extent of that action will depend on the circumstances of each case, measured
against the Service Test outlined below. In assessing whether to take action, commanders must
establish the seriousness of the misconduct and its impact on operational effectiveness, and, in
turn the appropriate and proportionate level of sanction. In particularly serious cases, or where an
individual persists with, or has a history of acts of misconduct, commanders should consider the
termination of service.

33. When considering possible cases of misconduct, and in determining whether the Army has a
duty to intervene in the personal lives of its soldiers, commanders at every level must consider
each case against the following Service Test:

“Have the actions or behaviour of an individual adversely impacted or are they likely to impact on
the efficiency or operational effectiveness of the Army (unit)?”

Administrative Action is not taken to impose one person’s morality on another: simple disapproval
is not enough to justify Administrative Action; an Originating Officer must state and a Deciding
Officer must be satisfied, on a balance of probabilities, of a real or potential impact on efficiency or
operational effectiveness.

34. Commanders are required to make a judgement of actions, set against the context of
character and circumstances based on objective fact. Implicit in this is that in order to make a
judgement, a commander’s commitment to Values and Standards must be beyond reproach and
they must play a dynamic role in the adherence to Values and Standards in their command.

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Conclusion
35. The Army’s Values and Standards demand a degree of commitment and self-sacrifice from
officer and soldiers, which goes beyond that normally expected from other citizens. All officers and
soldiers in the British Army are required to commit themselves to achieving and maintaining these
Values and Standards. This commitment is essential to the ethos of the Army and contributes
directly to the maintenance of operational effectiveness. It is the duty of all commanders to ensure
that these Values and Standards are accorded the highest priority, are fully explained to their
soldiers, and are applied consistently. Commanders at every level must lead by example and
ensure their subordinates live by the Army’s Values and live up to its Standards.

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CHAPTER 4

THE STAFF AND SERVICES

Organization and Appointments

4.001.

a. The staff of the Army consists of:

(1) The General Staff who are the Army component of the Ministry of Defence
(MOD) Head Office (HO) either located in HO or elsewhere.

(2) The staff of Headquarters Land Forces (HQLF), together with the static divisions
and/or districts, agencies, areas and garrisons at home and overseas.

(3) The staff of operational commands, deployable divisions and brigades (including,
as appropriate arms and service commanders or advisers) as covered by approved
establishments.

(4) Army personnel filling staff appointments elsewhere are not strictly speaking the
staff of the Army but are Army staff in the meaning of paras 4.002 - 4.003 below.
These include Army tied or defence staff appointments within:

(a) The Central Staff.

(b) Permanent Joint Headquarters (PJHQ), Defence Equipment and Support

and Defence, which are all tri- service organizations but are not part of MOD
Head Office.

(c) NATO, RN, or RAF headquarters.

(d) Embassies, military missions or attached to foreign armies.

b. The distribution of staffs and services in the static chain of command is given in the
Army List.

4.002. Appointments to the staff of the Army in the rank of colonel and above will be made by
the Secretary of State on the recommendation of the military members of the Army Board. The
names of officers selected to hold appointments in the rank of major general or above are
submitted to The Queen for approval. Appointments to the Staff of the Army in the rank of
lieutenant colonel and below will be made by the relevant selection board.

4.003. An officer holding a regular commission is not qualified to hold a staff appointment until
they have been six years in the Service, unless special authority has been obtained. This does not
apply to the appointment of ADCs.

4.004 - 4.005. Reserved.

Duties in the Ministry of Defence

4.006. The distribution of duties in the Ministry of Defence for those listed in paras 4.001a(1)
and 4.001a(4)(a)-(b) (less PJHQ) is shown in Annex A to this Chapter.

4.007. Reserved.

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Command and Civil Secretaries

4.008. Command and Civil Secretaries1 are the senior civilian advisers appointed on the staff
of Commanders in Chief, GOCs and certain other Commanders as Senior Finance
Officers/Advisers2, Budget Managers and Civilian Personnel Advisers. They should also provide
advice to these Commanders on the Parliamentary, political and presentational aspects of
business, on the interests of other Government departments and, where appropriate, on the
politico-military and presentational aspects of operational issues. They are particularly required to
ensure that proper advice is given to budget holders on matters of propriety, regularity and value
for money. Their duties3 embrace the following:

a. Budget Management, including forecasting outturn and preparation of the Short Term
Plan. In this the Command or Civil Secretary supports his/her Commander in Chief (as
Budget Holder) in carrying out the functions delegated to them by the Permanent Under
Secretary (PUS). Of particular importance is the Command or Civil Secretary's responsibility
to the Budget Holder for financial scrutiny.

b. Senior Finance Officer (SFO) responsibilities through the Finance Director (Principal
Finance Officer (PFO)), to the PUS. The Command Secretary is formally appointed as an
SFO and is responsible for the integrity of the financial system in the Top Level Budget (TLB)
area, including as it affects regularity and propriety of expenditure, value for money, writes off
and charging for services to outside bodies.

c. Personnel Management responsibilities through the Personnel Director to PUS. The

Command Secretary is formally appointed as Senior Civilian Personnel Adviser and is
responsible for the career management of civilian mobile staff, non-mobile, non-industrial,
industrial civilian staff and Locally Engaged Civilian staff Overseas.

d. Parliamentary, political and presentational issues, the interests of other Government

departments, relations with local authorities and, where appropriate, the provision of advice
on the politico-military and presentational aspects of operational issues.

Duties in Commands
4.009. The Staff. The distribution of staff duties given below is designed to meet peace
requirements. The duties of the staff of an army in the field, which may be different, are dealt with
in Army Tactical Doctrine manuals and formation Standing Operating Procedures (SOPs).

4.010. Chief of Staff. In those commands to which a chief of staff is appointed their primary
function will be:

a. To co-ordinate the work of the staff.

b. To enable the commander to give all their attention to command, tactical and strategic
matters and the training of troops.

c. To exercise under the responsibility of the CinC such of the financial powers as that
officer may delegate to them under para 3.003.

1
The role of Civil Secretaries equates to that of Command Secretary when appointed to a Commander in Chief. Civil Secretaries
appointed to assist GOCs report to Command Secretaries.
2
Command Secretaries / Civil Secretaries to Commander in Chief are Senior Finance Officers. Civil Secretaries to GOCs are Senior
Finance Advisers.
3
These duties are likewise imparted to Civil Secretaries by Command Secretaries in their appointments to assist GOCs.

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d. To exercise a co-ordinating function over the financial estimates prepared by heads of

services to ensure that the estimates are consistent with each other and with staff policy
except that in commands where a major general in charge of administration is appointed
these duties are to be performed by them.

e. To co-ordinate mobilization both in the planning and the execution stages.

4.011. Reserved.

4.012. G Staff Branch Officers. The duties at any level of the staff will correspond to the
NATO staff divisions as follows:

a. Personnel (G1) Branch. The duties of the personnel branch include questions relating
to recruiting, discipline, personal services, postings, medical services, veterinary and
remount services, education, interior economy, military prisons and corrective
establishments, family matters, pay and allowances, retired pay and pensions, Army
children's schools, mobilization (personnel aspects only), prisoners of war, medals,
discharges, casualties, Army reserves and employment of reservists and discharged
soldiers.

b. Intelligence (G2) Branch. Intelligence and military security duties.

c. Operations (G3) Branch. Duties will include mobilization and contingency plans for
operations.

d. Logistics (G4) Branch. The duties of the logistics branch include questions relating to
the movement of troops, issue of routes, use of load carrying vehicles, mobilization
(equipment, vehicles and supplies), appropriation, occupation and equipment of barracks
and hospitals, hire of buildings to supplement barrack accommodation and arrangements for
camp and catering.

e. G5-G9 Branches. In large headquarters the full range of G1-G9 branches, and, in the
case of PJHQ, J1-J9 Divisions, will exist (see the Army Staff Handbook (AC 71932). In
smaller headquarters some of the duties below may be covered by G1-G4 branches:

(1) G5 Crisis and Deliberate Planning.

(2) G6 Communication and Information Systems.

(3) G7 Training and Development.

(4) G8 Finance and Human Resources.

(5) G9 Policy, Legal and Presentation.

4.013. Officers attached to the Staff. Representatives of some or all of the following arms
may be attached to the staff as specialist advisers:

a. Armour Artillery

b. Engineers

c. Communications

d. Infantry

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e. Army Aviation

They are advisers to the commander on matters pertaining to their own arm.

4.014. Administration. The senior personnel (G1) and logistics (G4) staff officer or, where
appropriate, the officer in charge of administration is to:

a. Co-ordinate the personnel and logistics duties in the headquarters.

b. Be directly responsible for the efficient working of the administrative services of the
command under the orders of the CinC or commander (through the deputy chief of staff,
where applicable) whose approval or otherwise they are to obtain on all questions involving
policy or principle. Officers of the personnel (G1) and logistics (G4) branches in a command
are to co-ordinate the maintenance services and training stores and equipment requirements
of the troops, in accordance with the general instructions given by the officer in charge of
administration or senior personnel and logistics staff officer.

c. When likely to be absent from the headquarters, delegate the co-ordination of the
maintenance services and training stores and equipment requirements of the troops in the
command to the appropriate subordinate staff officers.

d. Deal direct with the local heads of services on all matters affecting the efficiency of
their services in the command. Local heads of services are at all times to have direct access
to the officer in charge of administration or senior personnel and logistics staff officer.

e. Exercise such financial responsibility as may be delegated according to para 3.003.

(The officer in charge of administration may delegate such financial powers as regulations
permit).

f. Pass to Directorate of Business Resilience, Common Law Claims & Policy (DBR
CLCP) branch all matters within its province. Annex A to Chapter 3 sets out the duties and
special financial powers of DBR CLCP.

4.015 - 4.018. Reserved.

The Services
4.019. Headquarters at Home and Overseas. Officers of the services appointed to HQLF,
divisions and/or districts, formations, and areas at home, and to commands and their subordinate
headquarters overseas, are responsible for advising their commanders of matters of their concern.
In day to day matters they will normally deal with the officer in charge of administration or the
senior personnel and logistics staff officer.

4.020. A brief statement on the duties of each of the services is given at Annex B to this
Chapter.

4.021 - 4.024. Reserved.

Army Personnel Centre

4.025. The Army Personnel Centre is subordinate to the Adjutant General. It is commanded
by the Military Secretary.

4.026. Reserved.

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4.027. Aim. The aim of the Army Personnel Centre is to develop and manage the careers of
all officers and soldiers in order to enhance the operational effectiveness of the Army, and provide
an effective, integrated personnel management and administration service to the Army, in order to
maximize its operational capability throughout the spectrum of conflict, from peace through to
general war.

4.028. Objectives. The objectives of the Army Personnel Centre are:

a. To meet the needs of employers of army manpower as a first priority.

b. To reconcile the needs of officers, soldiers and their families.

c. To maintain the trust and confidence of officers and soldiers.

d. To maximize and enable opportunities in both professional and personal development

to support the needs of the Army and the individual.

4.029. Execution. The Military Secretary fulfils the objectives through two subordinate
directors.

a. As Director Manning and Career Management, the Deputy Military Secretary is to

ensure, through limited delegated authority to MS(A), MS(B) and MS Soldiers and the 10
MCM Divisions, that all military manpower assets are matched to liability and meeting the
needs of employers, while reconciling the needs of our officers and soldiers.

b. The Director Educational and Training Services (Army) is to ensure the specialist
delivery by ETS Branch of educational and training services and enable opportunities for
both professional and personal development to support the needs of the Army and the
individual.

Manning and Career Management Divisions

4.030. Divisional Colonels of Manning and Career Management Divisions are in command of
officers and soldiers of their respective capbadges transferred to the Y list.

4.031. Divisional Colonels of Manning and Career Management Divisions are responsible for:

a. Manning. Manning units with officers and soldiers appropriately qualified and suited to
the posts available.

b. Career Management. The process, by which officer and soldier careers are planned,
controlled, developed and administered to meet the needs of the Army and the expectations
of the individual.

c. Career Planning and Control. Careers are planned and controlled within the context of
the prevailing terms of service, the structural models of the trade or specialization and
employment opportunities. The MS Aide Memoire gives guidance on the control and
management of officer and soldier careers.

d. Career Guidance and Advice. Career guidance and advice is provided to the chain of
command and to the individual officer and soldier.

e. Communications. In addition to engagements with individuals, general career

information and policy is disseminated through road shows presentations, the quarterly MS
Newsletter and capbadge MCM newsletters.

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f. Management of Career Structure. MCM divisions manage soldier career structure in

accordance with direction from their Arm or Service Director. The generic career structure of
the officer corps is managed centrally by AG in co-ordination with Directorate of Manning
Army and the Military Secretary.

g. Promotion. Promotion boards consider those officers or soldiers eligible according to

qualifying criteria and promotion opportunities.

h. TA & Reserves Division (TA & Res). TA & Res has a management role for those who
enter Full Time Reserve Service (FTRS) or are mobilized. There is also a small section at
Worthy Down, the Individual Reinforcement Planning Team (IRPT), responsible for
mobilizing the Army in the event of conflict of any sort up to and including general war.

4.032. Reserved.

4.033. On matters of regimental or corps administration Colonels Manning and Career

Management Divisions are to correspond directly with the Ministry of Defence departments and
with unit commanders. Their decisions in such matters are final, subject only to being reversed by
the Army Board. If, however, a unit commander disagrees with a decision of the Divisional Colonel
of a Manning and Career Management Division which affects the interest of the Service, they may
appeal against that decision, and the appeal stating their view is to be sent by them to the
Divisional Colonel of the Manning and Career Management Division concerned. The Divisional
Colonel is to staff the appeal through the chain of command of the Army Personnel Centre to the
Military Secretary who is to forward it to the Ministry of Defence together with their own remarks on
the case. In all cases in which a soldier appeals against the decision of a Divisional Colonel of a
Manning and Career Management Division, the appeal is to be made under the provisions of the
Armed Forces Act 2006 in accordance with paras 5.204 – 5.205.

4.034 - 4.999. Reserved.

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ANNEX A TO CHAPTER 4

DISTRIBUTION OF DUTIES IN THE MINISTRY OF DEFENCE

(PARA 4.006 REFERS)

General
1. The Chief of the Defence Staff (CDS) is the professional head of the Armed Forces in the UK
and the principal military adviser to the Secretary of State and the Government. The chain of
command for the planning and conduct of military operations flows from the Cabinet and the
Secretary of State to CDS, and from them to operational commanders at various levels. The
Permanent Secretary is the Government’s principal civilian adviser on Defence and has the
primary responsibility for policy, finance and administration in the Department. They are the
MOD’s Accounting Officer reflecting their responsibility to the Secretary of State for the overall
organization, management and staffing of the Department and for financial procedures and other
matters. They are also personally accountable to Parliament for the expenditure of all public
money voted for Defence purposes.

The Defence Council

1A. The formal legal basis for the conduct of defence in the UK rests on a range of powers
vested by statute and Letters Patent in the Defence Council, chaired by the Secretary of State for
Defence. A Board for each Service, (the Admiralty, Army and Air Force Boards) report to the
Defence Council. These Service Boards exercise a wide range of formal and statutory powers
relating to the administration of the Service and their personnel. The Defence Council currently
comprises four defence Ministers and ten senior officials:

MINISTERS SENIOR OFFICIALS

• The Secretary of State for Defence • Chief of the Defence Staff CDS
• The Minister of State for the Armed • Permanent Secretary PUS
Forces
• The Minister of State for Strategic • 1st Sea Lord / 1SL/CNS
Defence Acquisition Reform Chief of the Naval Staff

• The Minister for Defence Equipment and • Chief of the General Staff CGS
Support
• The Minister for International Defence • Chief of the Air Staff CAS
and Security
• The Minister for Veterans • Vice Chief of the Defence Staff VCDS
• 2nd Permanent Secretary 2nd PUS
• Chief of Defence Materiel CDM
• Chief Scientific Adviser CSA
• Director General Finance DG Fin

The Defence Board

1B. The ten non-Ministerial members of the Defence Council form the Defence Board (DB), the
executive board of the Defence Council. It is responsible for directing a number of key processes,
in particular the annual re-costing of the Defence programme and the Departmental planning
process.

The Central Staff

2. The Central Staff is the joint responsibility of the Vice Chief of the Defence Staff (VCDS) and
the Second Permanent Under Secretary of State (2nd PUS).

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The Army

Chief of the General Staff (CGS)

3. CGS is the professional head of the Army and is responsible for the fighting effectiveness,
management, overall efficiency, morale, values, ethos, image and general well-being of the Army,
now and into the future. They remain responsible for the delivery and coherence of the Army’s
current military capability as set out in the Departmental Plan and, as a member of the Defence
Council, the DB and COS Committee, exercises responsibility for ensuring the future effectiveness
of the Army by contributing to the formulation of the defence strategic plan, the equipment plan,
central doctrine and force development as well as the formulation of professional military advice to
the Government, including operational decision making.

Executive Committee of the Army Board (ECAB)

4. CGS is the Chairman of ECAB, the membership of which consists of 2nd PUS, Commander
in Chief Land Forces (CinC LF), Commander Field Army (CFA), Adjutant General (AG),
Commander Force Development and Training (Comd FDT), Quartermaster General (QMG),
Master General of the Ordnance (MGO) and the Assistant Chief of the General Staff (ACGS).
QMG and MGO are honorary titles bestowed on the senior Army representatives within DE&S and
the Capability Sponsor respectively to provide logistic and procurement expertise within ECAB.
ECAB is the senior official committee of the Army. The purpose of ECAB is to provide CGS in
CGS’ executive role with a purview of the individual components that contribute to the generation
of Military Capability from the forces in being. CGS is responsible for the current and future
coherence of these components which include concepts and doctrine, equipment and technology,
sustainability, training, force structure and personnel. ECAB also supports CGS in CGS’
management and operational advisory roles and as the professional head of the Army.

The Assistant Chief of the General Staff (ACGS)

5. The primary role of ACGS is to support CGS and formulate all Army policy and oversee its
execution. They also fulfil a pivotal function in linking the Army to the Department in its Ministry of
Defence manifestation through their membership of a plethora of policy-making bodies across all
functions. As such, ACGS discharges a similar coherence role to CGS, chairs APRC as a
collective pan-Army decision-making capability, and coordinates and delivers the output of the
General Staff to meet CGS’s overall requirements.

Army Policy and Resources Committee (APRC)

6. APRC is responsible to ECAB for the review, examination and scrutiny of all policy,
programming and organizational issues affecting the Army and for the development of an Army
view on priorities for the allocation of financial resources. APRC derives its delegated authority
from ECAB. Subject to the inherent right of Ministers to overrule them (powers which in practice
are exercised only in exceptional circumstances), decisions taken by APRC are binding on the
Army unless the Chairman directs that they should be reviewed by ECAB or referred to the
appropriate Minister for ratification. APRC is chaired by ACGS and consists of core and additional
members who may elect to attend as of right; in addition, Command Secretary (Secretariat) LF
may be invited to attend, as a further additional member, as necessary. The composition is
determined by the Chairman and approved by 2nd PUS.

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The General Staff

7. The General Staff (GS) are the Army’s main staff within the MOD. The GS's function is to
issue direction on CGS'S behalf. Apart from CGS and ACGS, the GS consists of the following
main directorates:

a. Brigadier General Staff (BGS). BGS is the primary Army Staff 1* officer. They chair
the Army Staff 1* forum (The Coven), represents ACGS as required and conducts the
following tasks on behalf of CGS and ACGS:

(1) Policy Branch. Comment on emerging Defence and Army policy from a
perspective informed by both Defence and Army priorities.

(2) Army Strategy Branch. Support ACGS in developing and implementing a

strategy for the development of the Army and in enabling the Army’s contribution to
Defence Policy-making.

(3) International Security Cooperation Branch. Establish policy for all Army
international engagement and lead on International Security Cooperation activity.

(4) Liabilities Policy Branch. Determine manpower and materiel liabilities policy and
advise on changes to the Army manpower liability, including the impact of new and
emerging capabilities and run the Liabilities Arbitration Tribunal and the Army Materiel
Liability Committee.

b. Brigadier Equipment Strategy (Army) (BES(A)). BES(A) is responsible to CGS through

ACGS for the Army Equipment Strategy. They represent the Army ‘User’ for equipment
capability management and planning in order to sustain the Army’s capability to fight at all
scales of effort and at the highest intensity as required within Defence Planning
Assumptions. BES(A) supports HQLF in capability delivery as required.

c. Brigadier Media and Communications (BM&C). BM&C develops internal and external
audiences’ awareness and understanding of the Army through a range of media, thereby
maintaining, protecting and enhancing the Army’s reputation. Policy and national media is
the responsibility of Defence Media and Communications (DMC) in London which includes
Public Relations (Army) to which BM&C is in support. BM&C is responsible for delivery of
DMC policy and for regional media. BM&C has a network of 91 military and 132 civilian staff
across UK and BFG delivering awareness, reputation and influence in support of LF. The
organization includes; Soldier magazine, Garrison FM, Army Presentation Group, Design
Studio, Press office, LF M&C and Media Ops Group (Volunteers).

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Intentionally blank

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ANNEX B TO CHAPTER 4

DUTIES OF THE SERVICES

(PARA 4.020 REFERS)

Chaplains
1. The Royal Army Chaplain's Department is responsible for the provision of religious
ministrations to the personnel of the Army in peace and war, as well as to their families. It will also
promote, by all practical means, the spiritual and moral welfare of the entire military community.
(See also Chapter 5, Part 7.)

The Royal Logistic Corps

2. The Royal Logistic Corps (RLC) is responsible for the logistic support to the Army. This
support takes the form of:

a. Transportation and distribution of combat supplies in the field.

b. Staff policy, planning, finance and co-ordination of military movement, other than
tactical, by land, sea and air in peace and war.

c. Surface freight distribution, Army road transport, maritime logistic support, port
operating, air despatch and Army/RAF railways.

d. Control of Army movement in peace and war throughout the lines of communication.

e. Operational and emergency movement planning.

f. Doctrine on the operation and the administration of ‘B' vehicles and certain ‘A' vehicles
for all arms.

g. Advice to Army and Ministry of Defence (Defence Procurement Agency (DPA)) on the
development of common user ‘B' vehicles.

h. Co-ordination of road safety measures for the Army.

i. Sponsorship and control of Joint Service staff courses at the School of Logistics.

j. Command and control of the Army Railway organization.

k. Management of ‘B' vehicle driver training support for all arms, including driver training
by civil contract.

l. Driver licensing and testing within the Army.

m. Sponsorship of Joint Service Road Transport Regulations (JSP 341) and tri-Service
management of Movement of ‘A', ‘B' and ‘C' Vehicles (JSP 71).

3. The RLC is responsible for the following commodities and associated services to the Army,
and where the RLC are single managers under Ministry of Defence rationalization arrangements,
to the Royal Navy and Royal Air Force:

a. Ammunition and guided missiles (including responsibility for the safety, technical
advice on and inspection, of in-service ammunition; its storage and repair).

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b. Petroleum, oils and lubricants, solid fuels and furnace fuel oils (including quality
surveillance and control).

c. Clothing, textiles and personal equipment.

d. Tentage, camouflage and concealment equipment.

e. ‘A’, ‘B’, ‘C’, ‘E’, ‘L’ and ‘P’ vehicles.

f. General stores.

g. Vehicle spares and assemblies.

h. Technical equipment assemblies and spares (less those items provided by RE).

i. Rations (including quality surveillance and control).

j. Accommodation stores.

k. Aircraft spares and assemblies.

4. The RLC has G4 Staff responsibility for:

a. Petroleum, oils and lubricants supply, including financial responsibility.

b. Food supply.

c. Accommodation services (including domestic and industrial fuels, fuel economy and
financial responsibility for fuel, light and miscellaneous accommodation services).

d. Commanding Officer's Public Fund matters.

e. Hand operated office machinery of HMSO supply.

f. Operational requirement responsibility for clothing and related items.

5. The RLC is responsible for the provision of the following ancillary services to the Army:

a. Bakery.

b. Accommodation services.

c. Inspection of radiac stores.

d. Laundry and bath facilities.

e. Printing and stationery.

f. Repair of some clothing and general stores.

g. Photography.

h. Industrial gases.

i. Butchery.

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6. The RLC is responsible for disposal operations of improvised explosive devices (IED) and
stray land service ammunition in peace, counter-revolutionary conditions and war.

7. The RLC is responsible for:

a. Equipment management of those equipment for which the Director General Logistic
Support (Army) is the designated equipment manager.

b. Supply management policy.

8. The RLC provides skilled and semi-skilled manpower support.

9. The RLC recruits and supplies civilian labour in overseas commands for employment by the
three Services both in domestic and military tasks.

10. In war the RLC administers prisoner of war labour.

11. The RLC provides the war graves service.

12. The Catering functions for which the RLC is responsible are:

a. To manage the catering functions in the most effective manner and to ensure
satisfactory and uniform standards throughout the Army.

b. To conduct research and development in matters pertinent to the catering function,

including field catering.

c. To train officers and soldiers of The RLC, and other arms and services, including
civilians, in management and technical subjects connected with catering duties.

d. To train officers and non commissioned officers of Commonwealth, allied and foreign
armies in catering management and technical skills, as required.

e. To manage and report on the performance of catering contractors for the Army
Department.

f. To provide a technical service in design and planning for building projects and catering
equipments within the catering functional area, in conjunction with the Director of Army
Quartering and the Director of Works (Army).

g. To sponsor relevant Materiel and Catering Regulations.

13. The RLC under the Director Defence Postal and Courier Services, (D Def PCS) is
responsible on a tri-Service basis for:

a. The provision and maintenance of all official and private mail between the UK and HM
Forces, their dependants and the civilian component world-wide.

b. The provision of the Defence Courier Service (DCS), for the conveyance of protectively
marked material, equipment and correspondence to and from world-wide locations and within
the UK and Northern Ireland. It operates primarily for the Ministry of Defence but carries out
tasks for other Government Departments, Defence Industry contractors and the Intelligence
Services.

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c. The provision of British Forces Post Office (BFPO), counter, remittance and savings
facilities. It acts as an agent for Post Office Ltd, and accounts to them for all stock and
business transacted.

d. The provision of the Defence Mail Service (DMS), which carries official mail by the
Ministry of Defence Vehicle where offices, units or establishments are served by a Defence
Mail Centre (DMC) or the DMS.

e. The provision of an electronic aerogramme service (e-bluey) to operational

theatres/HM Ships.

f. The provision of all Philatelic Services for HM Forces. The Def PCS Philatelic Bureau
is an authorized Royal Mail Handstamp centre providing an advisory and cancelling service.

g. The provision of expert advice on all postal and courier matters.

h. Negotiating with Home and Overseas Postal Administrations on behalf of the Ministry
of Defence on postal and related matters.

i. Sponsorship of the publication entitled ‘Defence Postal and Courier Services’ (JSP
367), which is a guide on the make-up, dispatch, carriage and receipt of private and official
mail.

14. D Def PCS is additionally responsible for advising Director Royal Logistic Corps (DRLC) on
the setting of technical training objectives for unit post orderlies and mailroom operators. This
training is for Ministry of Defence and tri-Service personnel and is implemented under the authority
of DRLC at the Postal and Courier Division of The School of Logistics.

Army Medical Services (AMS) Sponsor: SHA(A)

15. Role and Function. The AMS are responsible for the efficient and effective delivery of
medical support and health services to the Army and other entitled groups, either directly or
through contribution to and collaboration with Joint, Allied and Host Nation medical organisations
and with other Government departments. AMS personnel and organisations provide the following
functions as part of the Joint Operational Patient Care Pathway in peace and war:

a. Health Protection and Promotion. Including Public Health and Occupational Health
(OH) support to the Chain of Command (CoC) as part of the operational planning process;
OH support to manning and force generation; disease and injury prevention advice; the
prevention, investigation and containment of disease outbreaks; CBRN medical
countermeasures; and individual health protection and promotion advice to personnel at risk.

b. Resuscitation, Stabilisation and Treatment. Including the provision of Pre-Hospital

Emergency Care, Primary Healthcare, Deployed Hospital Care and Firm Base healthcare
delivery.

c. Medical Evacuation. Including the collection, classification and transport of

casualties, the regulation of patient evacuation, the provision of in-transit care and support to
casualty tracking.

d. Rehabilitation. Including efforts to restore physical, mental, emotional and social

health and to return suitable individuals to duty.

e. Healthcare Governance and Assurance. Including the active management of patient

safety and healthcare standards.

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f. Medical Planning Support. Including provision of advice to the CoC on the utilisation
and sustainment of the deployed health system and Firm Base healthcare.

g. Specialist Medical Training. Including the development and delivery of individual and
collective medical training and education; such as first aid training, training in medical
planning and the provision of deployed medical support; and the training and professional
development of individuals to deliver specialist clinical care when deployed and in the Firm
Base.

h. Research and Development. Including specialist military medical research, the

development of concepts and doctrine, the development of military medical capability and the
management of health policy.

i. Military Working Animals (MWA). The AMS provides the Army’s MWA capability
through the procurement and training of MWAs and their handlers; through the delivery of the
necessary animal husbandry, welfare and veterinary support required to sustain the
capability; and through the provision of MWA advice to the CoC.

16. Constituent Corps. The AMS consist of the:

a. Royal Army Medical Corps (RAMC).

b. Royal Army Veterinary Corps (RAVC).

c. Royal Army Dental Corps (RADC).

d. Queen Alexandra’s Royal Army Nursing Corps (QARANC).

17. Master General (MG). The MG does not form part of the operational CoC; this is an
honorific appointment with directed roles and responsibilities fulfilled under the authority of CGS as
Head of the Army. The Master assumes an institutional governance function within CGS’ direction
to ‘sense and warn’.

18. Corps Colonel. As Head of Arm, the Corps Col’s operates across the 4-Ball model with the
HoCs, DM(A), DMS and Hd Arms & Svcs, focusing on maximising manning inflow whilst improving
retention. As the lead personnel officer for the AMS the Corps Col oversees all Personnel Policy,
and is the Training Requirements Authority for all PQOs and PQSs. Other responsibilities include
the continuation of Corps Heritage (including the Museum of Military Medicine), the maintenance of
Corps’ sports, and the upholding and preservation of the military ethos of the AMS.

19. Army Competent Advisor and Inspectorate (ACAI). The provision of medical and health
services is a technical competence subject to discrete legislation and external regulation. The
Senior Health Advisor (Army) (SHA(A)) is the ACAI for medical and health services support to the
Army. As a result, on behalf of the Chief of the General Staff, SHA(A) is responsible for:

a. The Army’s compliance with its statutory responsibilities in relation to the health of its
personnel, the provision of health services and the regulation of healthcare professionals;
including liaison with relevant national and international regulatory authorities.

b. Monitoring and reporting on the health of the Army.

c. Monitoring and reporting on patient safety, quality of care and the standard of
healthcare delivery provided to the Army by the AMS and other organisations.

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d. Providing health policy and functional advice to the CoC with respect to health and
medical support including ensuring that units, formations and headquarters have access to
suitably qualified medical advice.

e. Monitoring and reporting on compliance with Joint and Army health and medical
support policy.

20. Heads of Profession.

a. SHA(A) is supported by the following Chief Officers1:

(1) Chief Medical Officer (Army).

(2) Chief Veterinary Officer2.

(3) Chief Dental Officer (Army).

(4) Chief Nursing Officer (Army).

b. Each Chief Officer, as the head of their profession, is responsible to CGS, through
SHA(A), and to the respective statutory regulatory body3 for standards within their
professional group and for the provision of specialist advice to the relevant Army and
Defence authorities in relation to their profession covering:

(1) The Army’s compliance with its statutory responsibilities.

(2) Professional standards and fitness to practice policy and processes.

(3) Specialist training, professional development, employment and career

management.

(4) The development and implementation of healthcare and medical support policy
and doctrine.

(5) Capability development.

21. Heads of Cadre. For AMS trades and professions regulated by the Health and Care
Professions Council4, SHA(A) is supported by an appointed Head of Cadre whose responsibilities
are similar to those of the Chief Officers described above. SHA(A) may also choose to appoint
Heads of Cadre for unregulated AMS professional groups5. SHA(A) is to publish a list of AMS
Heads of Cadre annually.

22A. Army Consultant and Speciality Advisors6. Where more than one specific speciality exist
within a professional grouping, SHA(A) may direct the appointment of an Army Consultant or
Speciality Advisor to support the Chief Officer or Head of Cadre. SHA(A) is to publish a list of
Army Consultant and Specialist Advisors annually.

1
SHA(A) may concurrently hold one of these appointments if suitably qualified.
2
CVO(A) is independently CAA&I for veterinary support and MWA capability.
3
Chief Officers must be registered with the relevant regulatory body (General Medical Council, General Dental Council, Royal College
of Veterinary Surgeons and the Nursing and Midwifery Council).
4
eg Physiotherapists, Pharmacists, Operating Department Practitioners.
5
eg Medical Support Officers and Combat Medical Technicians.
6
The term ‘consultant advisor’ has traditionally referred to doctors, whilst ‘specialist advisor’ has referred to other healthcare
professions.

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22B. Competent Medical Authority (CMA). The CMA function is to be vested in named Officers
of the Army Medical Services, of OF5 rank7, in accordance with Annex A to ACSO 3366.
Personnel carrying out the CMA function for any particular Army activity should normally be in the
Chain of Command which has Operational Command or executive responsibility8 for the activity
requiring medical support planning, and should have access to suitably qualified and experienced
support staff and specialists. CMAs will be advising those with a duty of care, including Duty
Holders9, and so must be competent and familiar with the concepts of risk assessment and
management. Execution of the CMA role includes the following responsibilities:

a. Providing specialised advice as requested by planning staff.

b. Assessing medical support plans to ensure that they:

(1) Are fully integrated with wider planning arrangements for the activity requiring
specific medical planning.

(2) Are based on a properly conducted estimate process commensurate with the
activity to be undertaken. The estimate process aims to develop understanding of the
nature of the activity to be undertaken and the operating environment, identify the
health risks associated with the activity, develop courses of action and support
decision-making.

(3) Establish a continuum of healthcare, which is practicable and appropriate to the

activity to be undertaken.

(4) Are designed to reduce risk to life and health to levels which are tolerable and as
low as reasonably practicable.

(5) Identify irreducible medical risk, including risk due to deviation from policy
guidelines.

(6) Provide for an appropriate level of governance and assurance in accordance with
the Defence Medical Services Common Assurance Framework.

(7) Indicate the medical resource requirements, in order to inform force generation,
including medical risk assessment of deploying personnel.

c. Identifying the need for specialised subject matter input and ensuring that it is obtained.

d. Advising the Chain of Command on the suitability of medical support plans and medical
risk management, in particular the resource implications, the nature and level of residual
medical risk and the options available to control or mitigate risk in order to support
appropriate risk ownership, management, documentation and audit at all levels.

22C. Medical Commanders. Those in command of medical force elements are to ensure that
Medical and Health Service Support is delivered to the highest quality possible, in full accordance
with the Law of Armed Conflict and both National and International legal, ethical and medical
standards, to maximise the health contribution to the physical and moral components of fighting
power.

7
May be delegated to OF4 rank.
8
Commander 2nd Medical Brigade delivers the assurance function for DHC. This function specifically relates to the validation of DHC
capability for Field Army, wider Defence and operational deployments.
9
2017DIN06-015 - Illustrative Guide to Duty Holding.

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The Corps of Royal Electrical and Mechanical Engineers

23. The Corps of Royal Electrical and Mechanical Engineers (REME) is responsible for
supporting Equipment Capability (EC) in the Army, of which Equipment Support (ES) is the key
pillar. The aim of REME is “to keep fit equipment in the hands of troops”. Key responsibilities are
vested in the Director of Electrical and Mechanical Engineering (DEME(A)), with responsibility for
delivery devolved throughout REME. The over-arching functions carried out by REME are as
follows:

a. Provision of the ES staff function, comprising the following four areas:

(1) Competent Army Authority and Inspectorate (CAA&I). DEME(A) is the CAA&I for
ES and for preserving the maintenance airworthiness of all Army aircraft, including
Unmanned Air Vehicles (UAVs). These areas have a higher than normal degree of risk
associated with them and are subject to discrete legislation. As CAA&I, DEME(A) is
responsible for the provision of Functional Advice10 to the Chain of Command and for
monitoring compliance with that advice, on behalf of the Adjutant General as the Army
Inspector, through formal reporting, consultation and inspection.

(2) Equipment Availability Management. The anticipatory planning required to

mitigate operational availability factors and maximize the probability that the required
equipment availability is sustained for the specified period or operation. It includes the
co-ordination of Whole Fleet Management within formations and the matching of
equipment availability to training and operational requirements.

(3) ES Materiel11 Management. The management of spares to ensure they are

available as required to support maintenance, thus enabling the sustainment of the
necessary level of combat power for the duration required. REME is responsible for
setting and prioritizing the ES Materiel requirement.

(4) Maintenance Support. All action to retain materiel in, or to restore it to, a
specified condition. It includes inspection, testing, servicing, and classification as to
serviceability, repair, rebuilding and reclamation. Maintenance includes recovery.

b. Integration of ES contractors, Contractor Logistic Support (CLS) and Integrated Logistic

Support (ILS) in conjunction with IPT staff, both deployed and in-barracks.

c. Co-ordination of the Equipment line of the Defence Lines of Development (DLODs)

within formations12 in order to deliver a coherent equipment plan.

d. Support to the delivery and sustainment of EC and the integration of equipment Urgent
Operational Requirements (UORs), particularly with the emergence of ‘fitted for, but not with’
solutions.

e. Co-ordination of the integration of UORs within the formation whilst deployed.

24. As CAA&I for ES, DEME(A)13 is responsible for the following specific tasks:

a. Provision of policy, training and ES Materiel and performance management to enable

efficient and effective management of ES.
10
Functional Advice includes the development of policy, standards, training requirements, doctrine and Tactics, Techniques and
Procedures in accordance with statutory and regulatory requirements.
11
ES Materiel is defined as Level 2 and 3 spares in support of maintenance. Levels of repair are defined in AC 71877 Battlefield
Equipment Support Doctrine.
12
On behalf of the formation COS.
13
The precise delineation of responsibility for defining Land Systems ES Policy between Royal Engineers, Royal Signals and REME is
detailed in JSP886 Volume 5 Part 202.

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b. Provision of Level 1 (User) maintenance and Equipment Care policy14 and standards15
for all Army equipment excluding specialist equipment maintained by the Royal Signals.

c. Provision of Level 2-4 maintenance policy and standards for all Army equipment
excluding specialist Royal Engineers and Royal Signals operated and maintained equipment.

d. Provision of policy and doctrine for equipment operated by REME16.

e. Provision of policy, doctrine and standards for reliability and maintainability of all Army
equipment excluding specialist Royal Engineers and Royal Signals operated and maintained
equipment.

f. Provision of the doctrine for cranes and recovery equipment used for recovery tasks.

g. Provision of policy and doctrine for recovering Land equipment.

h. Setting the policy and standards for conducting recovery assessments for all Land
platforms.

i. Provision of policy on the maintenance of all Army Aircraft including UAVs.

j. Maintenance of aviation engineering flight safety standards and investigation into

aviation accidents and occurrences.

24A. Within the over-arching functions, REME is responsible for the following specific tasks:

a. In conjunction with the User17, servicing of equipment (cleaning, lubrication,

replenishment, examination and minor repairs required to keep equipment in operational
condition).

b. Recovery of abandoned, disabled or immobilized vehicles and, if necessary, their

removal to maintenance points.

c. Backloading (the rearward movement to a suitable place for repair) of equipment

casualties.

d. Repair of equipment or repairable components (the technical operation to restore

operational functions by adjustment, manufacture or the replacement of defective
components). Repair tasks may include any of the following:

(1) Repair by replacement (the replacement of major assemblies, components and

Line Replaceable Units (LRUs) to restore functionality).

(2) Repair by repair (the restoration of equipment functionality by manufacture, re-

calibration, adjustment or sub-component replacement).

(3) Expedient repairs undertaken to return equipment to the current mission or to

allow it to move itself to a location for a more permanent repair. This includes both
Battle Damage Repairs (BDR) usually conducted to rectify damage arising from enemy
action, and temporary repairs carried out, on operations, to rectify faults developed
through normal use.

14
Contained in AESP 0200-A-100-013 - Equipment Care Inspection and Mandatory Equipment Inspection.
15
Contained in AESP 0200-A-093-013 - Land Equipment User Maintenance Standards (LEUMS).
16
Contained in AESP 0200-A-090-013 - DEME(A) Engineering Standards.
17
Servicing tasks are shared between REME and the User. Further details are contained in LEUMS.

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e. Modification (fleet-wide modifications to rectify design faults or improve operational

effectiveness, or specific- to-theatre modifications embodied before deployment or by in-
theatre ES force elements).

f. Reclamation (the process whereby materiel declared worn or scrap is restored to a

condition which renders it fit for further use).

g. Salvage (an operation consisting of taking one or more sub-assemblies or spare parts
from unrepairable equipment for supplies).

h. Provision of Engineering and Technical Policy to the commander in order to advise

how best to preserve, restore and enhance the mission capability of their equipment.

J24B. The role responsibilities of REME personnel in fulfilling these duties are defined by the
following agreed joint engineering definitions:

a. Principal Engineer18. Principal Engineers (PEs) are authorized by the relevant Front
Line Command or IPTL and will be the senior engineers responsible for the engineering
standards and practices within a ship, unit, station, establishment or theatre of operation.
PEs are to have direct access to the appropriate commander to whom they are responsible
for all professional engineering matters and act as the single point of contact for engineering
advice for the scope of their responsibility, including activity not necessarily under their direct
command. In addition to any command responsibilities, delegated Preservation of
Airworthiness responsibilities where applicable and specific items detailed in their Terms of
Reference or contract, PEs are responsible for:

(1) The establishment and operation of an organizational structure, in terms of

personnel, procedures and geographical layout that provides a sound framework for
safe, efficient and effective engineering activity.

(2) The management, care, custody and security of all personnel and equipment
assets within their charge.

(3) The professional management of engineering resources under their control.

(4) Ensuring that the required engineering standards and authorized practices are
employed.

(5) Compliance with the relevant orders and instructions issued by higher formation,
contracting authority or Host Nation.

(6) The efficient engineering management of technical equipment including aircraft

for which they are responsible.

(7) Ensuring that an integrated Quality Management System and Quality ethos exist
across all support activities.

b. Subordinate Engineers19. Subordinate Engineers (SE), are engineer officers, warrant

officers, or civilians of equivalent status and exceptionally SNCOs, who are responsible to
the PE for the performance of their engineering duties. SEs may include personnel not
directly under command of the PE. They are responsible for:

18
For RN read ‘Principal Air Engineer’.
19
For RN read ‘Subordinate Air Engineers’.

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(1) Advising the PE on all engineering matters appropriate to their appointment.

(2) The professional management of engineering resources under their control.

(3) Ensuring that the required engineering standards and authorized practices are
employed.

(4) The efficient engineering management of technical equipment including aircraft

for which they are responsible.

c. Engineering Tradesmen20.

(1) Managers. Managers21 are responsible to their immediate superiors, service or

civilian, for the efficient management of resources within their area of control and for
controlling the quality and quantity of work produced. These responsibilities apply also
to NCOs who are placed in charge of bays, sections or flights.

(2) Supervisors. Supervisors22 are responsible to the appropriate managers, service

or civilian, or subordinate engineer where no managers are established, for the
engineering administration, appropriate to their ranks and appointments, of the duties
of their trades. They are responsible for supervising the work done by the tradesmen
under their control, for ensuring that correct engineering standards and practices are
used, for assuring the quality and completeness of the work undertaken, and for the
further development of the skills and knowledge of their subordinate tradesmen.

(3) Operatives. Operatives23 are to be employed in the maintenance of technical

equipment including aircraft. Supervisors may also be employed as operatives, as
circumstances require. Operatives are responsible to their supervisors, service or
civilian, for carrying out tasks as directed and in accordance with correct trade
practices and the relevant regulations and procedures. Operatives are also
responsible for the quality and completeness of their work and where authorized to
self-supervise will have responsibility for the work they undertake when acting as a
self-supervisor.

Adjutant General's Corps

25. Adjutant General's Corps (AGC) is responsible for the effective and efficient provision of ‘A'
services, less medical, to the Army in peace and war. The constituent branches of the AGC are:

a. Staff and Personnel Support Branch (SPS).

b. Provost Branch (Pro).

c. Educational and Training Services Branch (ETS).

d. Army Legal Services Branch (ALS).

Staff and Personnel Support

26. The Staff and Personnel Support branch is responsible for the efficient and smooth delivery
of personnel administration to the Army.

20
For RN read ‘Air Engineering Technicians’.
21
For RAF normally OR7 to OR9 subject to appointment.
22
For RAF normally OR4 to OR6.
23
For RAF normally OR2 or OR3.

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27. The Director Staff and Personnel Support (Army) is responsible to the Director General
Adjutant General's Corps for the direction, provision and inspection of professional and efficient
staff and personnel support for the Army, and advice thereon.

28. The functions carried out by the Staff and Personnel Support Branch are:

a. Staff Support.

(1) Clerical support in headquarters in peace and war.

(2) The development of clerical procedures in line with advances in technology and
procedures in commerce and industry.

b. Personnel Administration.

(1) The maintenance and updating of individual personnel records in accordance

with the Unit Documentation Manual.

(2) Regimental Administrative Office procedures.

c. Pay and Pensions. The assessment and issue of regulated pay and allowances (and
recovery of charges) to all officers and soldiers of the Regular and Reserve Army, including
the Gurkha forces and locally enlisted personnel.

d. Service Funds. The development and implementation of policy for the management
of service funds, including devising the methods of accounting and audit to be used
throughout the Army and compiling the appropriate regulations and instructions.

e. Public Fund Accounting.

(1) Formal instruction on financial procedures.

(2) Meeting the requirements of the Inland Revenue and other Government
departments.

(3) Making day to day payments as authorized, bringing receipts and payments to
account and scrutinizing the financial regularity of such transactions.

(4) Managing the Army's Feeder Suspense Budgets.

29. The Director Staff and Personnel Support (Army) is represented in commands and districts
by Commanders AGC SPS.

Provost
30. The Provost Branch of the Adjutant General's Corps comprises the Royal Military Police
(RMP), the Military Provost Staff (MPS), and the Military Provost Guard Service (MPGS). The
mission of Provost is:

“To provide the necessary military police, custodial and guarding service to the Army in order to
ensure military effectiveness”24

24
Military effectiveness is the standard by which the Army is judged in peace and war – British Military Doctrine (BMD), Chapter 4.

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a. Provost contributes to military effectiveness by assisting in sustaining the environment

within which military capability can be generated and fighting power applied, allowing the
Army to fulfil its mission by maintaining its commanders’ freedom of action.

b. The major roles25 of Provost are:

(1) To regulate.

(2) To protect.

(3) To inform.

c. Regulation. The main tasks of regulation are:

(1) Traffic Control

(2) Law Enforcement.

(3) Custody.

(4) Command Support.

d. Protection. The main tasks of protection are:

(1) Crime Reduction.

(2) Security26.

(3) Close Protection.

(4) Force Protection27.

e. Information. The main tasks of information are:

(1) Incident Investigation28.

(2) Situational Information

(3) Provost Advice.

(4) Liaison.

31. The principles of employing Provost units and personnel are:

a. Legitimate Authority. All Provost activity must be underpinned by the appropriate

authority. To ensure requires Provost representation within the staff at all levels.

25
In addition to the roles undertaken to ensure military effectiveness, Provost may be called upon to support other Government
departments, when the tasks of the Branch have wider utility.
26
In this context, security tasks are those that contribute to limiting vulnerability to hostile activities and threats.
27
In this context, Force Protection tasks are those that contribute to the limiting of non-combatant losses.
28
a. Provost Marshal (Army) is the Competent Army Authority for RMP investigations being responsible for the conduct and direction of
all such investigations, reporting to the Adjutant General, through the Deputy Adjutant General.
b. When conducting criminal investigations RMP act independently of the chain of command and are not to be subject to any undue
interference or influence prior to concluding their investigation and reporting to a Commanding Officer. (See QR(Army) para 6.046).
c. Incident investigation also includes non-criminal investigations conducted by RMP on behalf of the Army.

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b. Responsive Support. Provost is an enabler, focused on supporting the commander’s

concept of operations. This determines the shift of emphasis within the roles and tasks.
Thus, Provost support is provided in response to commanders’ demands, albeit how that
support is provided is the decision of the Provost commander.

c. Central Command/Decentralized Execution. The execution of Provost tasks

requires careful deployment and control of scarce assets. To meet this requirement, the
Provost Concept of Operations is best developed at formation level, albeit effective execution
will normally require considerable dispersal of assets and significant low level autonomy in
order to achieve the necessary degree of flexibility in response to a rapidly changing
situation.

d. Effective Communication. Provost support demands the ability to pass necessary

information in a timely and effective manner. This requires extensive liaison, substantial
patrolling and robust communications systems.

Education and Training Services

32. The function of the Educational and Training Services (ETS) Branch of the Adjutant
General's Corps (AGC) is to implement and give advice on the system of educational training and
resettlement approved by the Army Board. To this end it is responsible for:

a. Providing career education and enabling personal development opportunities in line

with current government educational policy.

b. Liaison with the Department for Education (DfE) and the Department for Business,
Innovation and Skills (BIS), government educational and educational funding agencies,
Regulatory authorities, Awarding bodies, Higher Education institutions and Further Education
Colleges.

c. Contribution to the work of other Regulatory Authorities Inspectorates such as

Qualification and Curriculum Authority (Compliance and Investigation) Department.

d. Provision of qualified Personal Development Guidance and Advice in support of the

Defence Policy for the Accreditation of Education, Training and Experience (JSP 898 Part 4
Chapter 5) and the Army Whole Life Development Strategy.

e. Educational and training research.

f. Providing facilities for voluntary educational and recreational activities in Army

Education Centres (AEC) for troops world-wide and their dependants and United Kingdom
based civilians overseas.

g. Language training for Army Personnel.

h. Training Unit Resettlement Staff, providing second line resettlement advice, liaison with
the Directorate of Training, Education, Skills and Resettlement (TESR), assistance in the
development of tri-Service policy on resettlement and the formulation of resettlement policy
for the Army.

i. Policy for the provision of and arrangements for the education of Service children
overseas.

j. Directing the Youth Service in support of service families in overseas commands.

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k. Providing postgraduate training development advisors to fill designated training

development consultancy posts in the Army.

l. The Army proponent for library and information services.

33. Details of the duties of the AGC (ETS) Branch are contained in the Manual of Army
Education (AC 60178).

Army Legal Services

34. The Army Legal Services Branch of the Adjutant General's Corps is headed by the Director
General of Army Legal Services (DGALS), who has five main functions:

a. DGALS is responsible to the Adjutant General for the provision of all legal advice to the
Army. This includes legal support on discipline and administrative law policy and casework,
international and operational law, employment law and legislation.

b. DGALS is the Army's Principal Legal Adviser to The Army Board and Service
Complaint Panel.

c. DGALS provides legal support to the Adjutant General as the Army Inspector.

d. DGALS is responsible for providing Army prosecutors to the Tri-Service Service

Prosecuting Authority.

e. Lastly, DGALS is responsible to the Adjutant General for the administration of Army
Legal Services (ALS) and the recruitment and career management of all ALS officers as
Service Director and Head of Arm for the ALS.

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CHAPTER 5

UNIT COMMAND, CONTROL AND ADMINISTRATION

PART 1 - GENERAL

Introduction
5.001. The regulations in this chapter cover the duties, responsibilities and powers of officers
commanding units (See para 1.007). All officers should make themselves familiar with its
contents.

Responsibilities
5.002. In the exercise of the general responsibilities listed in para 3.001 a Commanding
Officer (CO) is to comply with relevant regulations and instructions in a common sense manner.
They must, by constant endeavour and advice, seek to promote high morale and encourage
initiative within their unit.

5.003. An officer holding an authorised appointment of second in command of a unit is,

irrespective of seniority, to exercise command over all other officers serving within that unit except
the officer appointed to command. The second in command is to act for and take the place of the
CO whenever necessary, and to be the CO's chief assistant in the training of the unit. They should
not normally be responsible for administrative work such as control of the regimental institutes, or
the sergeants' mess.

5.004. All officers are to make themselves thoroughly acquainted with the professional abilities
and achievements of Service personnel (SP) placed under their supervision. They are also to
bring to the timely notice of the CO any signs of deterioration of any aspect of unit life.

Security
5.005. A CO is responsible for the security of their command and for issuing security
instructions in accordance with the provisions of JSP 44040 and the advice of security staffs.

Military aid to the civil authorities

5.006. When assistance is called for by the civil authorities, either for the maintenance of
peace and public order or in peacetime emergencies, the procedure to be applied is to be as laid
down in Chapter 11, as supplemented from time to time by Defence Instructions and Notices
(DINs).

Interviews
5.007. It is to be regarded as a matter of importance that every SP is interviewed by the CO
on leaving as well as on joining a unit. The keynote to be maintained is one of comradeship and
appreciation, in recognition of Service given to the unit and to the Army.

40
Defence Manual of Security

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Leave
5.008.

a. Leave other than that granted as a terminal benefit on normal retirement, discharge or
transfer to the Army Reserve, and as a statutory entitlement, is granted to serving SP at the
discretion of COs in accordance with the rules laid down in the Army Leave Manual (AC
13216) as amplified periodically by DINs. The principles of financial assistance towards the
cost of leave travel are laid down in Regulations for Army Allowances and Charges
(AC10).

b. Leave should not be withheld without good Service reason. As far as possible, subject
to the needs of the Service and the rules laid down for specific forms of leave, SP should be
allowed to take leave for which they are eligible as and when they desire it.

Service inquiries
5.009. All regulations for Service Inquiries are contained in JSP 83241.

Absence

5.010. Procedures to follow concerning absence are to be found in JSP 83042 and
Army Command Standing Order 3200.

Enquiries from Members of Parliament

J5.011.

a. All official enquiries made by Members of Parliament are to be referred to the Ministry
of Defence (MOD) for reply. When, exceptionally, an immediate answer is necessary, eg
where a Member of Parliament requests factual information in order to allay relatives'
anxiety, reference should be made in office hours to the Private Secretary to the appropriate
minister if possible before a reply is given, otherwise as soon as possible afterwards. Urgent
enquiries out of office hours are to be reported to the Resident Clerk, MOD, Main Building,
Whitehall, who will notify the appropriate Private Secretary.

b. Written communications on official matters from Members of Parliament or from

persons who state that they are prospective Parliamentary candidates must be
acknowledged and the writer informed that the matter is being referred to the MOD for
consideration and reply. The letter, or a full account of a conversation if applicable, together
with a detailed report, is to be forwarded without delay to the appropriate Minister's office in
accordance with current instructions.

c. In this regulation, the term ‘Members of Parliament' means members of both Houses of
the United Kingdom Parliament, and of any other legislature, including foreign and
Commonwealth legislatures.

Enquiries regarding SP
5.012. Addresses of serving or discharged SP, Army reservists or pensioners are maintained
for administrative purposes. They are not normally disclosed to outside enquirers unless the SP’s
consent has been obtained, legal proceedings are involved, or specific exception is made in DINs.

41
Guide to Service inquiries
42
The Manual of Service Law

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Enquiries should be directed to the Disclosures 1 Section at the Army Personnel Centre (APC),
Glasgow. When an address is refused an offer should be made to forward prepaid
correspondence to the last recorded address.

5.013. Inquiries from close relatives or known friends of a SP who is on the sick list (Very
Seriously Ill List or Seriously Ill List) are to be answered by an officer, who is to give the best
available information about the SP's progress but is not to disclose the nature of the medical
condition. Divulging the nature of the wound, injury or illness is rarely necessary and, to comply
with UK legislation, may only be done if Operational Effectiveness (OE) is not to be prejudiced.
Replies to inquiries from SP not on the sick list should confirm this and the SP’s direction sought
on further disclosure. A record of inquiries is to be kept and passed to the SP or next of kin at
regular intervals.

5.014. In the case of death which occurred within 25 years of the date of the enquiry, the
enquirer may be informed of the date and place but discretion must be exercised in disclosing the
cause. Requests for information where death occurred more than 25 years ago should be
answered in accordance with the Freedom of Information Act 2000 and the MOD Publications
Scheme. Where guidance is required in answering queries involving the death of a SP reference
should be made to Head Army Personnel Services Group (APSG) or Chief Information Officer.

Visits by Members of Parliament to SP in Service custody or detention

J5.015. At the discretion of the CO, a Member of a United Kingdom Parliament or devolved
assembly may visit a SP who is in Service custody or detention. If in a particular instance the CO
is in any doubt, or considers that the visit should not be permitted, or if the request to visit is made
by a Member of any other legislature, the CO should consult Hd APSG.

5.016. Reserved.

Bands
J5.017. Instructions for Service band engagements and certain other general instructions
applicable to bands in all three Services are contained in JSP 81343.

Education44
5.018. COs are responsible for ensuring that the maximum possible use is made of the
services provided by the Adjutant General's Corps, Educational and Training Services Branch
(AGC(ETS)), an outline of which is given in Annex A to this Chapter and Annex B to Chapter 4,
paras 32 - 33. Details of the responsibilities for, and the conduct of, Army education, including
language training, Service children's education overseas, resettlement and library services, are
contained in the JSP 82245 and DINs.

Casualty procedures
5.019. Instructions concerning the reports of deaths of SP and of casualties in general are
contained in JSP 75146.

43
Instructions for Service bands and military musicians
44
This Para and associated Annex are currently under review.
45
Defence direction and guidance for training and education
46
Joint Casualty and Compassionate Policy and Procedures

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Safety precautions for marching troops

J5.020. When formed bodies of more than five troops are moving on foot on public roads, they
are to move on the same side and direction as the traffic. Where there is a need to use a busy
route, a risk assessment is to be carried out. Markers, wearing the yellow high visibility vests, at all
times, are to be posted at a suitable distance to the front and rear to warn drivers of approaching
troops. Additional markers (similarly attired) may be required along the side of large bodies of
troops. In darkness, or in conditions of poor visibility two white lights are to be shown to the front of
the formed body and two red lights to the rear to indicate the width of the column. In poor visibility,
a vehicle is to be driven behind the rear markers. Where the width of the road is restricted to
single-flow traffic and movement is still essential, markers should be supplemented by vehicles.
Signals given by markers are to be restricted to warning traffic that there is an obstruction ahead.
On no account are markers to direct traffic. Instructions on the signals to be used should be given
to the markers. Formed bodies are to obey all traffic regulations.

Registration of births, marriages and deaths

5.021. COs are responsible for ensuring that registration by SP of births, marriages and
deaths is duly completed. (See paras 7.082-7.085).

Commercial sponsorship Sponsor: Defence Authority for Financial Management and Approvals

J5.022. Commercial sponsorship has a useful part to play in the furtherance of certain Service
activities, notably sporting events. However, in undertaking sponsorship arrangements, the
overriding consideration is that the Services should not engage in the active sales promotion of any
commercial product, or in any activity which could be regarded as bringing the Armed Forces into
disrepute. Details are contained in JSP 462, Financial Management and Charging Policy Manual,
Part 2, Chapter 7 Sponsorship.

Inventions, patents and awards Sponsor: Defence Intellectual Property Rights

J5.023. Instructions on the administration of inventions, the control of patents and the grant of
financial awards to SP or civilian employees in respect to inventions or suggestions of a technical
or non-technical nature can be obtained from the Defence Intellectual Property Rights (DIPR).

A CO’s powers to authorize stop and search – SP, Service premises and
belongings of SP
J5.024. See JSP 830, Vol 1, Ch 4.

5.025 – 5.060. Reserved.

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PART 2 – PERSONAL CONDUCT AND EFFICIENCY

Attitudes towards subordinates

5.061. Officers, Warrant Officers (WOs) and Non Commissioned Officers (NCOs) are to adopt
towards subordinates such methods of command and treatment as will ensure respect for authority
and foster the feelings of self-respect and personal honour essential to military efficiency. They
are not to use intemperate language or adopt an offensive manner. Officers and WOs are not to
be reproved in the presence of subordinates. Similarly NCOs are not to be reproved in the
presence or hearing of private soldiers.

Civil conviction
5.062. A SP who has been summonsed or ordered to appear before a civil court with a
criminal offence is at once to report the circumstances to their CO (see AGAI 6747 for action
following a conviction). This paragraph does not apply to minor road traffic offences under the
Road Traffic Act unless they result in disqualification. AGAI 6548 should be consulted and COs
should regularly repeat this requirement in unit routine orders.

Debt and bankruptcy

J5.063. A SP who has a receiving order in bankruptcy made against them or files a petition for
bankruptcy or who is unable to meet their financial commitments is to report the facts immediately
to their CO. The CO is, if necessary, to report the matter, with their recommendations, to Hd
APSG, Personnel Services through the Chain of Command (CoC).

5.064. The MoneyForce programme is aimed at SP and their specific problems and aims to
assist the SP and their CO with financial concerns by providing sound guidance and education. All
trainees will be introduced to MoneyForce in Phase 2 training and A Self-Help Guide to dealing
with Personal Debt (Army Code 63968) is also available.

Resignation of rank and removal from appointment other than for disciplinary
reasons
5.065. For the conditions under which a WO or NCO may voluntarily revert to a lower rank or
be reduced for reasons other than disciplinary ones see Chapter 9, Part 3, which also lays down
the administrative procedure to be followed.

Laudatory orders; testimonials

J5.066.

a. The publication of laudatory orders when a SP leaves their establishment or unit or

when they relinquish an appointment is forbidden.

b. Written testimonials may be provided by COs and other senior officers only at the
request of those who are about to leave the Service or who have recently left it, but see also
9.460 – 9.463.

c. (Army only). In preparing testimonials for officers, COs and other senior officers may
have access to an expurgated copy of the manning card of the officer concerned which can

47
Administrative Action.
48
Civil offences and attendance at court and legal proceedings

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be obtained from the officer in question or through their Career Management Division.
Officers writing testimonials should ensure that the under mentioned points are covered:

(1) The period during which the officer served under their command.

(2) A brief description of the duties on which the officer has been employed and the
way in which they have carried them out. It is important that this should be in terms
which will be intelligible and helpful to a civil employer, eg it is not sufficient merely to
state ‘Employed as adjutant’ or ‘Employed as SO3 G3 (Ops O&D)’.

(3) An assessment of the officer’s general character, with particular reference to

such qualities as personality, address and tact, force of character, powers of command,
resourcefulness etc. In this connection should an officer writing a testimonial feel
obliged, exceptionally, to refer to a former disciplinary matter, they must ensure that
they do not contravene the Rehabilitation of Offenders Act 1974 (see 6.183). This
Act makes it an offence to divulge certain civil and military convictions which are
deemed ‘spent’ after a specified period of time (See 2014DIN01-216).

(4) Particulars of any special qualifications the officer may possess, and any special
aptitude they may have shown in matters not directly concerned with their Service
duties.

(5) A statement to the effect that the testimonial is given from personal knowledge of
the applicant, and that a statement of Service based on the whole of the applicant’s
Service career can be obtained from the applicant, or, if not in their possession, with
their written consent, from Disclosures 1 at the APC quoting the officer’s personal
number.

d. (Army only). Drugs discharge testimonials are to include the following words:

(1) Positive CDT – Service terminated for a positive drug test in respect of a Class A,
B or C drug.

(2) Admit use of a controlled drug – Service terminated following the admission of
taking a Class A, B or C drug.

(3) Civil conviction for possession of drugs – Service terminated following the
possession of a Class A, B or C drug.

The corresponding grading of their Army Service is to be UNSATISFACTORY.

5.067. An officer is forbidden to forward testimonials relating to their Service or character with
any application that they make to the MOD. If they wish for the opinions of officers under whom
they have served to be obtained, they are to submit their names so that, if necessary, reference
may be made to them.

Subscriptions and presents

J5.068. Subscriptions from SP for the purpose of a presentation should normally be permitted
only when the SP concerned leaves the Service; in no case is the subscription fund to be the
subject of official orders.

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Acceptance of gifts, rewards and hospitality

J5.069.

a. SP, when acting in an official capacity, should not be placed in a position where their
actions might give the impression to anyone, inside or outside the Service, that they may
have been or might be influenced to show favour or disfavour to any person or organisation
by the receiving of any gift, reward, hospitality, loan or other consideration. SP should have
regard not only to whether they feel themselves to have been influenced, but also to the
impression that their actions will create on others.

b. The acceptance of a gift, reward, hospitality or other consideration will be allowed only
in exceptional circumstances and, when SP receive such offers, they should normally be
refused. Hospitality books are to be kept by every MOD business area and military unit that
has contact with outside individuals or organisations that currently hold (or could be expected
to hold in future) Government contracts. Hospitality logs must record all offers of hospitality,
gifts, complimentary vouchers and other incentives that are made whether the offer is
accepted or declined. All military staff at 1* and above must maintain their own individual
hospitality logs. Gifts or hospitality should only be accepted if:

(1) Acceptance is in the defence interest and supports business objectives.

(2) Personal judgement and integrity are not compromised, nor could be seen to be
compromised.

(3) Acceptance stands up to public scrutiny.

(4) It has been cleared through line management or CoC if not 1* level or above.
More senior Defence personnel are to exercise very careful judgement about the offers
they receive.

(5) Where refusal might offend (for example when a gift is offered by a foreign Head
of State, Government or governmental organization) the item should be accepted and
then surrendered to the MOD for disposal. If the donor is likely to pay a reciprocal visit
it might be appropriate temporarily to retain and display the item. In these
circumstances, TLB Corporate Governance staff should be notified that the gift has
been retained.

c. Any offer that could be construed as an inducement or bribe (including an offer of

lavish hospitality) is to be reported immediately to the CO.

d. The same considerations apply to offers made to relatives or friends, where those
offers are made because of a relationship or association with a member of the Armed
Forces.

e. MOD approval must be obtained before a presentation to, or exchange of gifts with, a
representative of the government or armed forces of another country is initiated on behalf of
Her Majesty's Government as a charge to public funds.

f. Overseas, and particularly in countries where gifts of appreciation are common, SP are
to exercise great caution in accepting a gift and any gift must be reported. Where a CoC
does not exist the Defence/Military Attaché should be informed or in their absence the British
Embassy or High Commission. Where a presentation has been made on departure from a
host country, at an airport or port, and the recipient is clearly unable to report the acceptance
of a gift in the country where it was presented, the recipient should declare the gift to
Customs and Excise on arrival in the UK, explain the circumstances of its presentation and

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that it is to be reported to TLB Corporate Governance staff. Whether the gift is described as
personal or official the Customs and Excise will probably hold the gift in bond and give a
receipt which should be forwarded to TLB Corporate Governance staff when reporting the
acceptance of the gift. SP should not pay duty on the gift and retain it since it may later have
to be surrendered and the SP cannot be reimbursed.

g. In any cases of doubt, SP should seek advice through their CoC to TLB Corporate
Governance staff. Detailed instructions on the acceptance of gifts, rewards and hospitality
are issued by the Army Corporate Governance Team in DINs.

Non-military activities
5.070. No member of the regular Army is permitted without the express permission of the
Defence Council to use official knowledge to assist officially any private association that is not
recognized by the Defence Councils as forming part of the Army or of the educational and training
establishments.

5.071. SP may not give displays at local fetes or exhibitions without the permission of the
district or divisional commander. An officer or WO is to be present at any such display.

Payments from government sources

J5.072. It is a well-established rule that when a Crown servant, particularly with the help of
official information or official experience or in official time, produces or does something which,
though not part of their official duties, is of value to the Government, they shall not receive the full
price which would be paid to a person outside the public Service for the same activity. This rule
has been modified to the extent that payments to Crown servants over and above the normal
salary, for activities outside the scope of their duties and involving no use of official time, are
calculated on the same basis as payments to persons outside the public Service for the same
activity.

Payments for broadcasts, lectures and writing

5.073. Payments for broadcasts on official subjects on sound radio or television, or for
lectures or written work for publication are dealt with in para J12.022.

Relationship with non-Service business

J5.074.

a. SP must at all times guard against being placed in such a position as may leave them
open to the suspicion of being influenced in the discharge of their duty by other than purely
public considerations. They must be scrupulously careful in their relationships and in any
private dealings with Government contractors and their agents or employees. They are
forbidden to furnish testimonials to any company, firm or person in respect of the quality of
commodities supplied for Service purposes.

b. If a SP has, in the course of their duty, come into contact with any matter concerning a
business organisation in which they have an interest they are to disclose that interest to their
superior officer and ask that some other person may deal with the case. They should not be
permitted to deal with the case without the approval of the MOD.

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Acceptance of business appointments

J5.075. The Service will only restrict the off-duty activities of its SP where necessary and
justifiable. The Services have a responsibility to the nation to provide immediate and constant
operational capability. Such unique responsibilities require SP to work and operate in a way that
may be different from those in civilian employment. In some circumstances therefore, it is
necessary for the Service to place restrictions on the private lives of its members. This is to ensure
that they can properly exercise their functions as SP and to protect the efficiency and/or OE of the
Service as a whole. In accordance with the European Convention of Human Rights, a CO may only
restrict the activities of a SP so as to protect or safeguard:

a. National security (which includes maintaining the OE of the Army).

b. Public safety or the economic well-being of the UK.

c. The prevention of disorder or crime.

d. The protection of health or morals.

e. The protection of the rights and freedom of others.

J5.076. SP wishing to take up business appointments or to seek off-duty employment, during

Service are required to seek approval from their CO. Each application is to be considered fairly,
impartially and separately by the CO of the applicant. COs are to give full weight to the unique
nature and demands of the Service when assessing an application against the criteria set out
below.

Guiding principles Army sponsor for this para is AFPP

J5.077. Service duty takes precedence over all other forms of employment and SP may be
required to be available for Service on demand. To ensure that the interests of the Service are
protected, SP may not, without authority, accept any form of employment during Service. Certain
types of employment may be barred to SP because of the potential for the duties of the
employment to conflict with Service duty. However, SP may be authorised by their CO to hold
business appointments, carry out a profession or trade, or undertake other employment where:

a. The activity does not involve the use of official time or affect the SP’s efficiency as a
member of their Service or in any way interfere with any of their Service duties.

b. The activity does not involve the use of official information or resources.

c. Service uniform is not worn and the SP must not represent themselves as a member of
the Armed Forces.

d. The activity will not bring the Service into disrepute.

Insurance covering civil employment

5.078. The MOD will in no circumstances accept any responsibility for injury, loss or damage
to the applicants or other parties’ property arising out of the SP’s employment outside their official
duties. The CO should therefore advise them to ensure that they are adequately covered by
insurance.

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Guidance to COs considering requests from SP to take up paid civilian

employment during off-duty periods
J5.079. Requests to undertake civilian employment during off-duty periods will not be
authorised where the activity will bring the Service into disrepute. In considering requests for such
employment, COs must take into account not only whether such employment complies with the
specific requirements at J5.076 – 5.078, but also how such employment may be perceived by the
public and the media. In particular, they should consider:

a. Nature of the employment. For example, some private security roles require the
regular deployment of physical force which may be adversely portrayed if it becomes
apparent that serving members of the Armed Forces are involved.

b. Ethos of the organisation. For example, some organisations may be perceived as

having a ‘political’ agenda because they adopt a campaigning stance on certain controversial
issues. Care must be taken that a formal employment relationship with such an organisation
does not appear to compromise the political neutrality of the Armed Forces.

c. Conflict of interest. There must be no conflict of interest between the SP’s Service
duties and those required by their civilian employer.

d. Remuneration. SP will already be drawing a salary from the Armed Forces. Care
must be taken to avoid the perception that civil employment during off-duty periods detracts
from availability for military duties. At the more senior levels (1* level and above), including
during terminal leave, an officer drawing significant remuneration from a civilian employer
while still in receipt of a substantial salary from the Armed Forces may attract criticism. The
perception may be compounded if their new employer is another public sector organisation,
or defence industry partner. In the latter circumstances, the presumption is that permission
will not be granted.

e. Other benefits. Care should be taken to ensure that there are no non-financial
benefits resulting from a formal relationship with a civilian employer that could attract
criticism.

If a CO judges that any of the factors above are likely to bring the Service into disrepute they
should decline the request.

Business, professional and trade appointments

5.080. Subject to paras J5.080a - J5.080b below, a CO may approve applications for
continuous, temporary or part-time employment where a SP wishes to:

a. Carry on a profession or a trade;

b. Be a member of a governing body of any corporation, company or undertaking, or any

partnership engaged in any trade or carrying on any profession;

c. Assist, advise or act directly or indirectly as an agent for any corporation, company,
partnership, undertaking or individual which or who is carrying on any profession or is
engaged in trade or is profitably employed.

5.081. COs are to satisfy themselves that applications submitted under para J5.080 contain
an undertaking that:

a. The conditions at para J5.077 a – d are met;

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b. Applicants understand the importance of securing appropriate commercial insurance as

outlined at para 5.078.

c. They will take no part in activities that could give rise to a reasonable suspicion that
they have used or could use information gained as a result of their Service to further any
business interest, be it their own or otherwise.

d. They will take no part in transactions between the firm or enterprise and the Services or
any department or branches of the Government or any semi-public organization brought into
being by the Government.

e. They understand that no special facilities such as leave of absence will be granted and
that approval will not debar them being required to serve, whether afloat or ashore, at home
or abroad.

f. They will inform their new CO of the nature and extent of their business activities each
time they are posted/attached or following a change in the type of employment.

Applications general
5.082. Applications from SP should be submitted to COs through the normal CoC. The type
of employment and the duties required to be carried out should be clearly described by the
applicant. A CO when considering an application submitted in accordance with para 5.080 should
exercise particular care where SP seek approval for employment in certain roles where
interference or conflict with a SP’s ability to meet or carry out the full range of their duties may be
reasonably anticipated. In addition to the general criteria at para J5.077, COs should pay
particular attention to the following areas of employment:

a. Special constable. The duties of a special constable are such that they have clear
potential to conflict with duties carried out as an element of military aid to the civilian
authorities. It is, therefore, most unlikely that a police authority would seek to employ SP in
such a position. Further, attestation as a constable will inevitably give rise to a conflict
between police and Service duties. Special constables fall under the direction and control of
the Chief Officer of police and provide a reserve capability to the police. Consequently, an
application to become a special constable should not be approved.

b. Security staff. COs should be careful to ensure that the exact nature of the duties is
described in the application. A CO would need to consider the likelihood that secondary
circumstances, beyond the immediate requirements of the employment (eg court
appearances as a witness following a fracas) might affect a SP’s ability to fulfil their
operational commitments. Jobs where confrontation with members of the public may take
place or the use of physical force is likely should be avoided.

c. Insurance or financial agent. The purchase of insurance or financial products

requires careful thought and consideration and is best achieved following the acquisition of
professional and independent advice. COs should consider carefully all applications for this
form of employment and in particular they will wish to know if SP are to be potential clients.
Because of the strict rank structure within the Service, COs will need to consider whether
rank might have a bearing on some aspects of sales, or whether the product on offer may
gain an endorsement or undue authority based upon the rank or position of the SP selling the
product.

d. Commercial advertisements. Participation in commercial advertisements may have

the potential to give the impression that the Service endorse or have a view on a commercial

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product, Service or political position. Applicants must therefore provide the fullest details so
that a CO may consider whether:

(1) The SP would be identified as a serving member of the Service;

(2) The Service would be directly or indirectly associated with the advertisement;

(3) The SP’s participation might align them, or the Service, with any political position.

e. RAF fire-fighter. Trade Group 8 RAF fire-fighter may be employed as retained fire
fighters by the local authorities; however, the employing authority must be made aware in
writing that:

(1) An RAF fire-fighter employed as a retained fire-fighter must not be called out on
local authority duties within the two hour period preceding their RAF start duty time.

(2) The RAF reserves the right to recall instantly a retained fire-fighter to duty,
without recourse to reason, whilst they are on duty with a local authority.

f. Trade dispute. SP may become members of civilian trade union and professional
associations in order to enhance their trade skills and professional knowledge and as an aid
to resettlement into civilian life. They are not to participate in industrial action or in any form
of political activity organized by civilian trade unions or professional associations where it is
believed that a trade dispute is in progress, in order to safeguard the reputation of the
Service, COs should not authorize, or should withdraw authorization given in respect of off-
duty employment with that organization. Where there is doubt about the existence of a trade
dispute, the CO should refer the matter through their CoC, with full details and
recommendations.

5.083. Referral to APSG. Where uncertainty exists on any matter associated with an
application the case should be referred through the local CoC to APSG (Conduct). Each case
should be accompanied by full facts of the case and wherever possible, should include the CO’s
recommendation. Once the application is approved a certificate of acceptance, at Annex B to this
chapter will be forwarded to the applicant and is to be returned direct to APSG once completed.

Employment during terminal leave

J5.084. SP leaving the Regular Forces may accept permanent or temporary employment in
accordance with the requirements set out above. These requirements apply to SP who wish to
commence civil employment during terminal leave or other annual leave added to it. SP may not
take up civil employment during:

a. Terminal leave in an operational theatre.

b. A resettlement course or civilian working attachment.

External employment covered by the business appointment rules

J5.085. The business appointment rules apply to SP (WO equivalent and above) who intend to
take up an outside appointment or employment after leaving the Services. The operation of these
rules is overseen by the independent Advisory Committee on Business Appointments (ACOBA).
The approval process for applications under the rules differs depending on the applicant’s
seniority. The rules continue to apply for two years after the last day of paid Service employment.

J5.086. Before accepting any new appointment or employment, whether in the UK or overseas,
which they intend to take up after they have left the Services, all serving/former SP must consider
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whether an application under the rules is required. Applications must be submitted on HR

Form 038: MOD Business Appointment Application. COs should take into account the guidance at
Annex C (J) when considering a request for external employment prior to making a final decision.

Moneylending
J5.087. SP are forbidden to engage in moneylending or to borrow money from their
subordinates.

Gambling
J5.088. Except as provided in paras J5.089 and J5.090 below, all forms of gambling and
bookmaking (or acting as an agent for a bookmaker) are forbidden in units. The purpose of
prohibiting gambling among SP is to prevent the disharmony or erosion in discipline that may occur
where one SP is in debt to another SP, or where one SP makes a financial gain at the expense of
another SP. In particular, where one SP is financially indebted to another SP this may lead to ill-
feeling, conflict or the distortion of Command relationships.

J5.089. The advent of on-line gambling provides SP with the opportunity to gamble by
electronic means. While on a Service establishment, SP are prohibited from gambling online or by
other electronic means with other SP who are assigned to their unit or form part of their CoC.

J5.090. UK legislation prevents organisations or individuals from offering or running gambling

facilities unless they are licensed by the Gambling Commission. Merely by providing Wi-Fi
services, and thereby enabling SP to gamble on-line, establishments do not breach this legislation.
So long as SP do not contravene para J5.089 above, SP may access on-line gambling facilities
using Wi-Fi facilities provide by the Service. However, standing orders should highlight to SP the
risks of engaging in gambling.

J5.091. Any proposal to hold a lottery or sweepstake or to permit any other form of gambling is
to be referred to the CO. If they agree to the proposal they are to issue such instructions as they
consider necessary to ensure that the provisions of the Gambling Act 2005 are complied with.
Outside Great Britain they are to satisfy them self that there is no infringement of local law.

Intoxicating liquor
5.092. It is forbidden to introduce intoxicating liquor into any part of Army barracks or camps,
other than mess premises, institutes and married quarters, without the specific permission of the
CO (see AGAIs 5349 and 6350).

Unacceptable behaviour
5.093.

a. Every CO is to ensure that the behaviour of members of their unit is always maintained
in accordance with the Army’s Values and Standards, and is to issue such orders as are
necessary to achieve this.

b. Commanders may prohibit activities by SP that adversely affect good order and
discipline. Such activities include any that may bring the Service into disrepute or cause
offence to the public, local civilians, or other SP, or are otherwise inconsistent with the
standards and good reputation of the Service.

49
Barrack regimes and living out by single SP.
50
Alcohol policy.

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c. It is inconsistent with the responsibilities of military Service for SP to hold membership

of, to receive literature from, to be present at an event connected with, or otherwise
participate in the affairs or activities of extremist groups proscribed by the Home Secretary.

5.094. Any SP who behaves in a manner which their CO considers to be unacceptable is to

be warned as to their future conduct in accordance with AGAI 67. The most recent version of
Values and Standards of the British Army (AC 63813) is replicated at Annex B to Chapter 3,
Part 4 and if necessary a report is to be submitted in accordance with JSP 440, Ch 2, Part 6,
Annex C.

5.095. In aggravated cases, or cases in which SP persist in such activities after a warning has
been given, those SP should be considered for administrative discharge. (See para 9.405 or
9.414 for soldiers and AGAI 67 for officers).

Misuse of drugs
5.096. The policy for dealing with substance misuse is in AGAI 6451. The Army message on
substance misuse is very clear: SP who fail a drugs test, or are convicted of a drugs-related
offence are to be discharged52. SP dismissed or discharged from the Service for drugs related
conduct will not be allowed to re-join the Service except where a conviction is spent under the
Rehabilitation of Offenders Act 1974 (ROA 74).

5.097 – 5.101. Reserved.

Compulsory Drug Testing (CDT)

J5.102. Tri-Service policy on drug testing is implemented by the Armed Forces CDT teams,
who are authorized to supervise the taking of urine samples from SP. Samples are subsequently
analysed by an independent laboratory for the presence of controlled drugs, and COs notified of
the results. Units, detachments or SP, wherever they are in the world, are liable to testing, which
may be with or without prior notification. The team supervising a test may comprise members
drawn from any of the 3 Services although the Army has administrative control of the Joint Armed
Forces CDT programme.

J5.103. If a unit or detachment is visited by a CDT Team, or when a devolved CDT is

authorized to be conducted in a unit or detachment, each officer, WO, NCO, rating, marine, private
or airman is required to provide a urine sample when requested to do so by a drug testing officer.
The following are authorized as drug testing officers:

a. Any officer, WO or NCO appointed or drafted to have immediate authority over or to

serve as a member of a CDT Team;

b. Any officer, WO, or NCO assisting in the supervision of tests on the authority of a drug
testing officer authorized in accordance with sub-para a above.

J5.104. Failure to provide a sample of urine when requested to do so by a drug testing officer is
an offence under the Armed Forces Act 2006 (AFA 06). Substitution, adulteration or corruption of
a sample may be construed as being a refusal to supply a specimen for analysis. Conviction of
such an offence is likely to result in the punishment of dismissal from Her Majesty's Service, which
may be accompanied by a sentence of detention for up to 2 years or imprisonment for no more
than 51 weeks. (Army only: See para 9.414 for soldiers and AGAI 67 for officers).

51
AGAI 64 - Substance Misuse.
52
Unless the sentence for that conviction is spent under ROA 74.

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J5.105. SP who provide a urine sample that tests positive for a controlled drug will be
individually notified of the result. Subsequently, they will be subject to administrative discharge in
accordance with single Service regulations. Moreover, if investigations reveal evidence of further
offences, disciplinary action may also be taken, and this would normally take precedence over any
administrative action. (Army only: See para 9.414 for soldiers and AGAI 67 for officers.)

5.106 - 5.120. Reserved.

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PART 3 - ORDERS AND DUTIES

Orders
5.121.

a. Orders and instructions received by COs and which are for observance by SP under
their command are to be the subject of routine orders. All routine orders of a unit are to be
duly signed and posted on recognized unit and sub unit notice boards and in messes and
institutes throughout the unit for all SP to read.

b. It is the duty of every SP to acquaint themselves with regulations and orders relevant to
their unit's role and its administration. They are to be afforded facilities to enable them to
keep abreast of changes and amendments to these matters, and ignorance of them will not
be accepted as an excuse for their non-observance.

c. A complete file of routine orders, is to be kept in the orderly room and another in the
regimental institute and these are to be available for perusal by any SP. Copies of standing
orders when issued, are to be kept in the orderly room, in the regimental institute, and in
such other suitable places as the CO may direct, and they will be deemed to be sufficiently
published.

d. Routine orders are to be published weekly as a minimum and are to notify SP of

weekly duties, make official announcements and inform SP of upcoming events. Topics that
need to be covered periodically are at Annex D to this chapter and a useful guide is
published on the Pers Cap Discipline webpage.

5.122. On returning from leave SP are to make themselves acquainted with all routine orders
issued during their absence.

5.123. The 2IC automatically has the authority to publish routine orders in the CO’s absence.
Any other officer in temporary command of a unit is not to issue any standing orders, or make
permanent alterations to those which are at the time in force, unless CO powers have been
granted to them. An officer, while absent from and not in control of their command, is not to issue
regimental or other routine orders relating to such command.

Duties
5.124. An officer or WO is to be detailed in each unit as orderly officer to superintend
regimental duties. In a major unit there will also be a field officer of the day or week, to whom the
officer or WO will be responsible. When an officer or WO is on such duty they are to be free from
all other periodic duties that may fall to their turn. The orderly officer is to attend parades and to
perform such other incidental duties as do not interfere with the special duties for which they have
been detailed. Similar rules are to apply to NCOs appointed for duty as orderly sergeant or
corporal.

5.125. An officer, WO or NCO detailed in orders is not to exchange their duty with another
without the permission of the authority by whom they were detailed.

5.126. SP are to be warned for all duties by means of the unit daily orders referred to
in 5.121d. These orders are to be posted as early as practicable to enable soldiers who desire to
quit barracks to acquaint themselves with the duties for the following day.

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Delegated custody powers

5.127. See JSP 830, Vol 1, Ch 5.

Guards, picquets and police

5.128. The number of guards and picquets is to be kept to the minimum. They are to be
replaced, wherever possible, by regimental provost staff. The standing orders of guards are to be
kept up to date and so worded as to meet the needs for which the guard is mounted. The routine
orders of the guard are to be read and explained to the SP on mounting.

5.129. All guards and armed parties, before going on duty, are to be inspected by the staff
duty officer or staff orderly officer of the unit.

5.130. Every guard or armed party is at the end of its duty to be inspected and to have its
arms examined before dismissal. In the case of an officer's guard or armed party the SP will be
dismissed by the commander after they have reported to any officer of superior rank present on the
parade. If the commander of the guard is an NCO, a report will be made to the adjutant, orderly
officer or warrant orderly officer before dismissal.

5.131 - 5.150. Reserved.

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PART 4 - FIREARMS AND AMMUNITION

(for instructions concerning storage and accounting see Part 16)

Possession of firearms
J5.151.

a. Members of the Armed Forces, while serving, are exempt from the requirements of the
Firearms Act 1968 as amended by the Firearms (Amendment) Act 1997 only in respect of
firearms or ammunition held by them for use on duty in their capacity as members of the
forces. SP are to take care to comply with the provisions of that Act in respect of any
privately owned firearms or ammunition in their possession. (See Annex E(J) to this
Chapter.)

b. (Army only). A SP is forbidden to carry, hold, or use a Service firearm except in

connection with their duty as a SP, or to have Service ammunition in their possession unless
authorised.

Issue of ammunition
5.152. Ammunition may be issued on the authority of the Duty Delivery Holder (DDH) for
operations, training, guards and, when necessary, to escorts provided for arms and ammunition. It
may also be issued when specially authorized by the Operating Duty Holder (ODH). For training
purposes live ammunition is not to be issued if blank or drill ammunition or dummy loads will meet
the need. An officer or WO is to be made responsible for the issue of ammunition and the return of
surpluses in accordance with para 5.155.

Safety precautions
5.153. When a SP is in possession of Service firearms or ammunition they are personally to
exercise special care over maintenance, the prevention of damage, and security from theft. They
are also responsible for preventing unauthorized discharge by ensuring that firearms and
ammunition in their possession are at all times handled according to current instructions. They are
not to tamper with either firearms or ammunition, nor except in emergency conditions are they to
use any combination of firearms or ammunition except those in which they have been trained.

5.154. When a firearm has been issued for a duty it is to be inspected, together with any
ammunition which has also been issued, by an officer or WO (or, at the CO's discretion, an NCO)
at the end of the duty or at least once every 24 hours in longer periods of continuous duty. Where
the nature of operations or training prevents this frequency of inspection, COs must ensure
inspection at the maximum possible frequency in order to minimise the risk of loss.

5.155. Before SP are dismissed from any duty for which ammunition has been issued, an
officer or WO (or, at the discretion of the CO, an NCO) is to be made responsible for the
withdrawal of any which remains unexpended together with accountable used components, and for
their return to store. Where the ammunition cannot be returned to store they are to satisfy
themselves that the arrangements for its safety and security are adequate. On all occasions they
are to carry out such inspections as are necessary to enable them to render a certificate on
AF B 159A/B. They are in particular to make certain that no ammunition remains in firearms,
magazines, pouches or other containers and, having reminded all concerned that to retain
ammunition is an offence, they are to order each SP to declare verbally at the time of individual
inspection whether they have any ammunition or accountable components remaining in their
possession. When vehicles have been used they are to ensure that no ammunition or accountable
used components remain in them unless they are satisfied that the arrangements for their safety
and security are adequate. In the case of fighting vehicles the inspection is to include armaments,

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deflector chutes, and receptacles or storage areas, both internal and external. A similar procedure
for inspection is to be applied when ships, aircraft or hovercraft have been used.

5.156.

a. Firearms are to be stored separately from ammunition. Drill ammunition may only be
used with live ammunition as specifically laid down in infantry training pamphlets. In all other
cases drill ammunition is to be kept separate from live ammunition, including blank, both in
storage and in use.

b. When live ammunition is to be issued after blank ammunition has been used, the
following procedure is to take place before the issue of live ammunition:

(1) All blank ammunition is to be withdrawn together with adaptor appliances where
applicable.

(2) Weapons are to be inspected and declarations are to be obtained as in

para 5.155 above that SP have no blank ammunition or components in their
possession.

c. The same procedure is to be followed when blank ammunition is issued after live.

5.157. COs are to ensure that firearms and ammunition on their charge are inspected at least
once a month. Responsibility for security of firearms and ammunition in storage or transit is dealt
with in para 5.621.

5.158 - 5.180. Reserved.

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PART 5 – TRAINING

Standards of training
5.181. See JSP 822 and defence training and education leaflets

Adventurous training
5.182. See JSP 41953 and AGAI 1154

Physical training
5.183. See AGAI 755 and AGAI 556

Water hazards
5.184. See AGAI 1857

Vehicle and equipment safety

5.185. See JSP 80058

Helicopters
5.186. See Military Aviation Authority (MAA) Regulatory Article 2340(1)

5.187 – 5.200. Reserved.

53
Adventurous training in the Armed Forces
54
Adventurous training
55
Physical training
56
Sport
57
Training risk management: water hazards
58
Defence movement and transport regulations

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PART 6 – DISCIPLINE

General
5.201. Discipline, comradeship, leadership, and self-respect form the basis of morale and of
OE. Good discipline within the unit is the foundation of good discipline throughout the Army and is
based on good personnel management. It is therefore essential that every SP should be brought
to understand not only the importance, but the purpose of discipline; that indiscipline has no place
in the Army, and that in war it may have serious effects or even lead to disaster. All officers, WOs
and NCOs are to maintain discipline over SP of lower rank than themselves.

5.202. The essential ingredients of discipline and OE owe nothing to any unauthorized
initiation or other rites aimed at terrifying or inflicting physical or mental degradation upon any SP.
Such conduct would be directly contrary to the requirements of training, morale and good
leadership. Although traditionally ceremonies have taken place in some units of the Army, such
activities may take place only with the specific authority and under the supervisory arrangements of
the CO of the unit concerned. Allegations of unauthorized activities are to be referred to the
Special Investigation Branch for investigation with a view to the taking of disciplinary action under
the AFA 06 against the instigators and other participants. The following text is to be repeated at
least monthly in all routine orders.

5.203. The Army Leadership Code expects SP to live by the Army’s Values and Standards.
Developing a Regimental ethos is encouraged, however this is to be achieved by applying
appropriate and totally professional behaviour at all times. Any event in which one or more SP are
expected to perform a task to initiate them into a group or as a means of gaining perceived
credibility or status, and which is intended to humiliate or degrade them or has that effect, is strictly
forbidden. This includes, as examples, any activity of that nature which involves nudity, physical
harm or risk of such harm, eating and/or drinking any substance. This list is not exhaustive.
Conducting, encouraging, allowing or failing to stop or report initiation ceremonies or such activity
as described above is a breach of the Army’s Values and Standards and is strictly forbidden. Any
type of alcohol abuse, drinking games, any custom of ‘regimental cocktails’, or serving of alcohol in
large measures, mixtures or in abnormally large glasses can be a danger to life or health. These
types of behaviour are strictly forbidden. All allegations will be fully investigated and appropriate
disciplinary action will be taken.

Underpinning Army’s Values and Standards

5.204. Army’s Values and Standards are supported by the two components of the Army’s
discipline system:

a. Disciplinary Action. This involves the Service Criminal Justice System. Disciplinary
Action is action taken (to uphold good order and military discipline) by commanders using
their statutory powers. It encompasses Service custody, summary hearing, CM and Appeal.
The statutory Service Criminal Justice process involves investigation; charge; trial; conviction
and sentence; review; and appeal. Sentences range from admonition and restriction of
privileges to, in the most serious cases, imprisonment. The AFA 06 makes any offence
under civil law an offence under Service law. Disciplinary action is a distinct and formal
process, which is officially recorded and may result in SP receiving criminal and prison
records. Service courts, but not summary hearings, are conducted in public.

b. Administrative Action. Administrative Action is action taken to safeguard or restore

the OE and efficiency of the Army by commanders using their command authority under
QR(Army). The effect of particular conduct and performance that may damage OE is
assessed by applying the Service Test. Evidence of a failure to comply with the Army’s
Values and Standards will always be considered when deciding whether or not the Service

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Test has been breached. Through the process of the Administrative Report sanctions may
be applied to restore current OE and safeguard it in the future. The Administrative process
involves investigation; reporting; determination; sanction and review. The SP’s right to
complain about any matter relating to their Service remains unaffected. This process of self-
regulation is familiar to most employers and employees. It is entirely separate from the
Service criminal justice system. Administrative Action may result in a range of outcomes
from a Censure (No Disc Entry) to, in the most serious cases, termination of Service. It is
taken in accordance with the procedures set out in AGAI 67.

The Army’s discipline system comprises; AFA 06 (criminal law) and AGAI 67 (employment law).
Any investigation, sanctions or punishments awarded without following the proper process set out
in one or other of these components may be unlawful. Those who apply such unauthorised
processes or award punishments outside the proper processes may themselves be subject to
investigation to ascertain whether offences have been committed or the Service Test breached.

Explanation to soldiers
5.205. The disciplinary provisions of the AFA 06 (sections 1-49) are to be explained to
soldiers by their officers as part of normal training. At the same time, soldiers are to be made
aware of their legal rights as explained in the pamphlet ‘Your rights if you are accused of an
offence under the Service Justice System’, JSP 830, Vol 1, Ch 6 Annex G, which is to be provided
to them in case of need. The attention of all SP is to be drawn to this pamphlet, at least annually,
in routine orders.

Illegal absence59 (for procedure connected with arrest, charge and trial, see
Chapter 6)
5.206. A SP is classed as illegally absent if they are intentionally or negligently absent from
their unit, or other place of duty and their absence has not been authorised. They may have either
improperly left their unit or they may have failed to return to it at the required time. The absence
commences from the moment that the SP should have been present on duty, and ceases at the
point they return, or are apprehended. The detailed procedure for reporting and recording illegal
absence is contained in ACSO 320060 and the JPA Business Advice Guides.

Absentees from joint Service units

J5.207. See JSP 830, Vol 1 Ch 10.

Fraudulent enlistment
5.208. When a SP has enlisted in the Army without having been discharged from their
previous engagement, or that they have made a false answer on enlistment, the CO of the unit in
which they are serving is to enter the particulars of their present Service in AFB 123 and is to send
that form:

a. If the previous Service was in the regular forces (except the Royal Marines), to the
appropriate Divisional Manning Branch.

b. If the SP has been transferred to the Army Reserve, to the appropriate Divisional
Manning Branch.

59
Covering term for AWOL and Desertion
60
Absence without leave

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c. If when they enlisted the SP belonged to any of Her Majesty's Naval or Air Forces or to
the Royal Marines, to the Navy or RAF as the case may be, asking if it is desired to claim
them.

d. If the SP has been discharged from any of Her Majesty's Naval or Air Forces or the
Royal Marines, to the Navy or RAF as the case may be.

The officer who receives AFB 123 is, after completing it and adding any observations that they may
wish to make, is to return it to the SP's CO.

5.209. Once they have assembled the necessary evidence the CO is to consider what action
to take. If disciplinary action appears appropriate they are to act in accordance with JSP 830,
Vol 1, Ch 6.

5.210. If when they enlisted the SP belonged to the regular forces (except the Royal Marines),
the CO, will decide in which corps they shall serve if it is decided to retain them. If, however, the
SP is overseas and no portion of their former corps is serving at the same station they will be
retained in their present corps. In making this decision the CO will take into consideration the
length of the person's Service in both corps and any requirements as to recruits or training in the
arms or corps concerned.

5.211. If when they enlisted the SP belonged to the Regular Reserve the commander will
decide whether they shall be transferred to the reserve or retained in their present corps, except
that overseas they shall be retained in their present corps. If they are tried and sentenced to
imprisonment or detention, transferred to the reserve will take effect from the date of committal;
otherwise, from the date of the commander's decision.

5.212. A report on the disposal of the case, with particulars of the class and section to which
the SP belonged, the unit in which they served before transfer to the reserve, the date of their
present enlistment and the date on which they are relegated to the reserve or retained in their
present corps, is to be made by the CO to the enlistments/discharges wing of Personnel Records
Division of Personnel, Pay and Pension Administration.

5.213. When the SP is tried and sentenced to imprisonment or detention and transferred to
the reserve the CO is to inform the governor of the civil prison or commandant of the military
corrective training establishment as to the corps in which the SP served before transfer to the
reserve, and also inform the paymaster who maintained their account.

5.214. If when they enlisted the SP belonged to any of Her Majesty's naval or air forces or to
the Royal Marines they are to be retained in their present corps unless the Navy or RAF, as the
case may be, wish to claim them for further Service, in which case the commander will give the
necessary orders.

5.215.

a. If a SP who has enlisted in the Army without having been discharged from their
previous engagement is to be tried by CM they are, as a general rule, to be held in their
present corps for trial and the necessary evidence is to be obtained from their previous
corps. If they are to be transferred to their former corps after serving their sentence the CO
of their present unit is to send the following information to the appropriate authority
mentioned in para 5.211, who is to arrange for the SP to rejoin their former corps when their
sentence has expired:

(1) The result of the trial.

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(2) The civil prison or military corrective training establishment in which the sentence
will be served.

(3) The date on which the sentence will expire.

b. If a SP who has enlisted in the reserve forces without having been discharged from
their previous engagement is to be tried by CM they will be returned to their previous corps
for trial.

5.216. The CO of the unit in which a SP is retained or to which they are transferred is to report
to any other units in which they have Service, and to the appropriate Divisional Manning Branch in
line with para 5.211 the details of any disciplinary action taken against them. The COs of such
units are to enter those details on JPA.

5.217. When a SP is retained in their present corps they are to serve on their present
attestation; when transferred to their former corps they are to serve on their former engagement.

5.218. If a CO wants to discharge a SP as a result of fraudulent enlistment they are to refer to

para 9.381 – 9.382.

Civil courts and connected matters

5.219. For instructions relating to attendance at and conviction by a civil court and to soldiers
released from detention under a custodial order. See AGAI 65.61

5.220. In those exceptional circumstances where a SP is to be retained in the Army, having

been convicted be a civil court or CM for a sexual offence, and being the subject of any of the
notification requirements or civil orders set out in Part 2 of the Sexual Offences Act 2003, their
appointments and postings are to be the subject of a review as directed by APSG, Personnel
Services (See AGAI 6262).

5.221. The policy for the enlistment/commissioning of SP with civil convictions is contained in
AGAI 4163.

Redress of complaints
J5.222. See JSP 83164 and JSP 830 , Vol 1, Ch 24.

Complaints to employment tribunals

J5.223.

a. SP also have the right to submit a complaint to employment tribunals under the
Equality Act 2010. A complaint may not be presented to an employment tribunal before it
has been submitted under the internal redress procedures - see J5.205. Complainants
should note that employment tribunals may refuse to accept a case if it is submitted outside
the appropriate time limit. Responsibility for complying with the time limit lies entirely with the
complainant.

b. There are different time limits that apply to claims under the Equality Act 2010:

61
Civil offences and attendance at court and legal proceedings
62
Discipline Policy
63
Policy for the recruitment and enlistment/commissioning of personnel with criminal convictions
64
Redress of individual grievances: Service complaints

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(1) If a matter is or has been capable of being pursued as a claim under Chapter 3 of
Part 9 of the Equality Act 2010 (discrimination claims), a claim may not be made
about the matter after 6 months beginning with the day on which the matter complained
about occurred or, where the matter occurred over a period of time, the final day of that
period;

(2) If a matter is or has been capable of being pursued as a claim under Chapter 4 of
Part 9 of the Equality Act 2010 (equal pay claims), a claim may not be made about the
matter after the end of the qualifying period for a claim as determined in accordance
with section 129 of that Act. The qualifying period is normally 9 months.

c. The decision as to whether, and if so, at what stage in the internal process, to refer a
case to an employment tribunal is solely for the complainant to make. Complainants may
seek advice from an independent source at any time on any matter relating to a complaint.
Complainants may also take legal advice from a solicitor at their own expense at any time.

d. Complainants who decide to await the outcome of the internal procedures before
applying to the employment tribunal must note the need to submit their employment tribunal
applications before the appropriate statutory deadline - see J5.206b. If a final decision on
the complaint has not been reached by then, the MOD will continue its investigation with a
view to reaching a decision before a hearing date has been set. When a decision is reached
and the complainant is satisfied, they may withdraw the application to the employment
tribunal.

e. An application to the employment tribunal should be made on a Form ET1, available

from Gov.UK.

f. The Form ET1 asks for the name and address of the employer. To ensure that the
MOD is able to comply with the employment tribunal deadline for the employer’s initial
response, it is important that the correct MOD address is given. This is: The MOD, APC
Litigation, Room 5109, Kentigern House, Brown Street, Glasgow G2 8EX.

g. If a complaint is still being considered under the internal redress procedures when the
Form ET1 is received, the MOD response will confirm this, indicating the likely duration of the
procedures, and will normally request an adjournment. It is general practice for employment
tribunals to refrain from listing a case for hearing if an internal appeal is in process.

Complaints relating to pensions

J5.224. The Pensions Act 1995 imposes a statutory requirement on scheme managers to
ensure that procedures are in place to deal internally with pension disputes, known as Internal
Dispute Resolution Procedures (IDRP). Managers need to comply with that legislation and related
guidance, including the requirement that decisions are taken within a reasonable period. IDRP is
not final and disputes can also be considered independently by the Pensions Ombudsman if the
complaint cannot be resolved internally. IDRP procedures have been unified so that the decision
making process will be dealt with by the Defence Business Services (DBS) Veterans UK under a
single IDRP process. Details of the IDRP for the Armed Forces Pension Scheme (Army only are in
AGAI 9565).

65 Financial Advice

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Appeals against security vetting decisions

J5.225. Provisions exist for the making of appeals against decisions to deny or withdraw a SP’s
security vetting clearance. These are set out in JSP 440. These procedures do not preclude the
use of the internal redress procedures.

5.226 - 5.260. Reserved.

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PART 7 - RELIGION AND THE CHAPLAINCY SERVICES

General
J5.261. Chaplains are commissioned by Her Majesty The Queen to provide for moral guidance,
spiritual support and pastoral care to SP and their families. They are to be given every assistance
to fulfil their ministry. They are not to be required to perform executive or operational duties save
those proper to their profession. When a commissioned chaplain cannot be made available,
civilian clergymen of the appropriate denomination may be appointed to be officiating chaplains.

J5.262. The opportunity for the reverent observance of religion in the armed forces is of great
importance for many SP who profess a religious affiliation. It is the responsibility of the CoC to
make themselves aware of the main features of the religions and beliefs observed by SP and staff,
and make reasonable provision for the spiritual, cultural and moral needs of those who follow such
religions and beliefs.

J5.263. COs are, where practical, to meet reasonable requests from SPto accommodate
religious observances and beliefs. In exceptional circumstances it may not be possible for
legitimate requests to be agreed, for example where it would create the strong likelihood of an
adverse impact on OE. However, in most circumstances it should be possible to resolve difficulties
through sensible local management and dialogue with the SP affected. COs are themselves to set
a positive example by ensuring that everyone, whether they hold a religion or belief or not, is
treated fairly, with dignity and respect.

J5.264. Consideration is to be given to the needs of SP who have declared themselves to be

adherents of officially recognised religions or belief systems. No one is to be compelled to attend
an act of religious observance against their wishes (except as provided in para 5.268).

5.265. Attendance of SP at religious services is voluntary. As stated in para J5.263, COs are
to meet reasonable requests from SP to accommodate religious observances and beliefs.

J5.266. Sundays, Good Friday and Christmas Day are, as far as possible, to be observed as
days of rest (see para 5.018).

5.267. Chaplains are to ensure that provision is made for the care of SP and their families of
any declared religious affiliation or recognised belief system as the occasion arises.

Religious Observance
5.268.

a. Depending on local circumstances, Christian religious observance is to be arranged

within Service churches or, if necessary, at convenient civilian churches, at suitable times to
mark significant festivals and to permit the greatest possible number of SP to attend.
Similarly, should there be a requirement, opportunity for religious observance to mark
significant festivals of other world religions or belief systems should also be provided.

b. COs are responsible for initiating administrative action for the provision of churches
and World Faith Prayer Rooms under approved policy.

c. Where necessary, transport may be provided without charge in accordance with

JSP 80066 to enable SP and their families to attend religious observance of their declared
religious affiliation or recognised belief system.

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d. Parades are not to be ordered in connection with religious services except that a CinC
or GOC may order a parade which includes a religious service on special occasions of
national or local importance. No officer or soldier on such a parade is to be expected to take
part, against their wishes, in a service of any religion, denomination or recognised belief
system other than their own or in any joint service. .

Declaration of Religious Denomination

J5.269. On entry to the Service, every member of the armed forces is to be asked to declare,
with complete freedom, their religious affiliation. Likewise, SP may declare themselves to be
affiliated to a recognised belief system such as atheism or an agnosticism or Humanism.
Appropriate abbreviations to be recorded on personal identity documents are given in Army
Officers Documentation Manual (AC 14841) and Unit Documentation Manual (Soldiers) 1994
(AC 60136). SP may also make no declaration.

5.270. A member of the armed forces who has changed their religious affiliation or
denomination, or wishes to declare that they have no religious belief, should ensure that their
personnel record is amended accordingly. The fact of that change must not be disclosed to
anyone without the SP’s explicit consent.

5.271. Reserved

Chaplains
5.272.

a. Commissioned chaplains are posted to units or establishments on the instruction of the

Chaplain General and are under the Chaplain General’s direction in matters relating to their
professional duties.

b. Chaplains have the right of access to their superiors in the chaplaincy service either
through chaplaincy administrative channels or, on personal matters, direct.

c. In spiritual and ecclesiastical matters chaplains are under the discipline of their
appropriate Ecclesiastical authorities or Panel of Reference.

d. Commissioned chaplains are subject to the normal discipline of the Service.

e. Chaplains should at all times be very conscious of their calling and of the need to
maintain the highest standards of efficiency and good example. During normal duty hours
chaplains are to wear uniform in accordance with dress regulations and local orders.

f. With the approval of their unit CO and of their senior chaplain, a chaplain may live out
of mess and draw appropriate living out allowance even when accommodation is available.

5.273. COs are to ensure that chaplains and officiating chaplains are at all times treated with
the respect due to their calling and given every facility for the efficient performance of their duty.
Chaplains should be addressed both officially and otherwise by their ecclesiastical title or official
appointment and not by their relative rank or military title. Commissioned chaplains are, however,
entitled to the compliments which are due to an officer of the same relative rank.

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5.274. Chaplains are responsible for:

a. Conducting religious observance in accordance with the official usage of their religious
tradition, including ensuring that provision is made for the administration of the sacraments
and other ordinances in accordance with the practice of their religious tradition.

b. Ensuring that appropriate provision is made for the moral guidance, spiritual support
and pastoral care of SP of Christian denominations, religious affiliations and recognised
belief systems different from their own. This includes ensuring that, where appropriate,
suitable opportunity for religious observance is provided.

c. Together with their COs, arrange and deliver appropriate Character Development
Sessions, or other periods of character training. Chaplains are to ensure that these are
efficiently organized and support the development of the Army’s Values and Standards in the
unit. COs are to ensure that all available SP are encouraged to attend.

d. Visiting the sick and SP in detention or under sentence and ensuring that appropriate
moral guidance, spiritual support and pastoral care is provided.

e. Ensuring that all the necessary legal requirements have been complied with before
they solemnize a marriage.

Courses
5.275. Courses are arranged by the Service chaplaincies. COs are encouraged to allow
attendance at such courses subject to the reasonable requirements of the Service.

5.276. All chaplains are entitled to attend on duty annual retreats or equivalent spiritual
conferences. They are also required and entitled to attend on duty administrative conferences,
Continuing Professional Development and Continuing Ministerial Education courses as arranged or
authorised by the appropriate chaplaincy authorities.

Baptism
5.277.

a. Baptisms (other than Roman Catholic) will be recorded in AB 236 (Register of Births).
The registers will be maintained at the MOD and in all permanent garrison churches in the
UK.

b. All baptisms in military churches, including permanent garrison churches, in commands

abroad, and baptisms in non-permanent churches in the UK will be recorded on a baptismal
registration form which will be forwarded to the Ministry of Defence (Chaplains (Army)) on the
first day of every month.

c. ABs 236 maintained in garrison churches and at the MOD are to be kept as permanent
records.

d. A copy of a baptismal certificate may be obtained from the unit or garrison chaplain or
the Ministry of Defence Chaplains (Army).

e. Baptisms of Roman Catholics by a commissioned chaplain or officiating chaplain will

be reported by the chaplain to, and registered by, the Chaplain in charge of Roman Catholic
Records, St. Michael’s' House, Montgomery Lines, Aldershot GU11 2AS to whom application
may be made at any time for certificates.

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5.278 - 5.320. Reserved.

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PART 8 - MEDICAL, DENTAL AND HEALTH

General
5.321. A CO is responsible in conjunction with the unit Medical Officer (MO) for ensuring that
the unit has adequate medical support. A CO of a unit which does not have a unit MO is to obtain
advice from medical staff at regional or formation headquarters.

5.322. The provision and maintenance of accommodation stores for the medical facility, and
cleaning and other infrastructure contracts, is the responsibility of the host unit for that medical
facility.

5.323. A CO is to ensure that the maximum practicable unit training in first aid is maintained
as advised by the MO and training officer.

5.324. Adequate medical facilities are to be available, and the relevant details fully publicized,
for all training and range practice of any kind.

Health protection
5.325. A CO is responsible for ensuring that all reasonable measures have been taken to
protect the health of the unit. Specialist advice is to be obtained from the unit medical staff or from
medical staff at regional or formation headquarters. Matters affecting health include:

a. Work and training. A CO is to ensure that the risk of injury or other adverse
consequences of work or training is minimized by ensuring that SP are adequately trained
and medically fit for the tasks they are to undertake and that risk assessments have been
carried out where necessary. Specialist advice is to be sought from occupational health or
other medical staff as required.

b. Clothing and equipment. This includes ensuring provision of personal protective

equipment such as insect repellents and mosquito nets in accordance with specialist
recommendations, and provision of mechanical handling equipment where necessary to
minimize risk of injury from heavy lifting.

c. Vaccination against communicable disease. Whilst acceptance of vaccination is

subject to individual voluntary informed consent, all SP within the unit are to be strongly
encouraged to receive recommended vaccinations and are to be made available to do so.

d. Routine health assessments. A CO is to ensure that SP are made available for

routine health assessments including PULHHEEMS examinations, medical boards,
audiometry and dental inspections.

e. Lifestyle. A CO is to give maximum support to health promotion in order to minimize

lifestyle threats to health such as smoking, alcohol abuse, sexually transmitted infection and
obesity.

5.326. All SP are to take all reasonable steps to ensure that they are, and remain, in a fit state
of health to carry out their duties.

Duties of MOs
5.327. The unit MO is the adviser to the CO on all matters pertaining to the prevention of
sickness and the maintenance of health of all SP. They are to examine, at times to be arranged
with the CO, all SP who report sick and is to inform the CO of the results and of the progress of

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any SP who is sick and whose condition gives cause for concern, having due regard for medical
confidentiality.

5.328. The unit MO is to keep the CO informed of all relevant requirements and changes
concerning unit medical matters promulgated through medical channels.

5.329. A unit MO will not be required to be present on parade except at an inspection of the
unit by a general officer or in special circumstances when their professional Services are required.

Force preparation
5.330. Prior to proceeding on exercise or deployment, a CO is to ensure that a medical
warning notice or instruction has been received and that relevant instructions are passed to the
unit medical centre in a timely manner. SP are to be made available to attend the medical centre
to receive vaccinations and other prophylaxis.

5.331. A pre-deployment risk assessment is to be undertaken in respect of any SP within the

unit who is medically downgraded or known to be undergoing medical or dental treatment in order
to establish medical and dental fitness for operational Service and/or for the tasks which they are
likely to undertake. Specialist advice is to be sought from the unit medical centre, occupational
health adviser and/or dental centre as appropriate.

Confidentiality
5.332. The medical history of SP is a confidential matter, and has the status of sensitive
personal data in accordance with UK legislation. Medical documents and electronic health records
are to be afforded privacy and security to ensure that there is no unauthorized access to them
during storage or transit. The privacy marking RESTRICTED – MEDICAL is to be used on all
material which contains personal clinical details.

5.333. A CO has no entitlement to be made aware of a diagnosis affecting any SP within the
unit without the express consent of the patient, other than under exceptional circumstances where
there is a public interest in disclosing information if the benefits to an SP or society outweigh both
the public and the patient’s interest in keeping the information confidential, such as matters
affecting national security or serious harm to others. A CO who has concerns about the health of
any SP is to discuss the matter in confidence with the medical practitioner who has clinical
responsibility for the unit.

Health surveillance
5.334. A CO is to maintain awareness of trends in injury or ill-health in the unit in order that
early investigation and corrective action may be initiated where necessary. This may require
liaison with medical centre staff, PT staff and line management. All training-related injuries are to
be reported in accordance with current health and safety instructions. Every effort is to be made to
minimize the incidence of avoidable injury and ill-health. See AGAI 74 - Reduction of
Musculoskeletal Injuries (MSKI).

Clinical governance
5.335. Clinical governance is the healthcare component of corporate governance and
comprises the promotion of clinical effectiveness through provision of high quality healthcare,
quality improvement through clinical audit, continuing professional development of healthcare staff
and risk management in the healthcare setting. Clinical governance is based on clear lines of
responsibility and accountability for healthcare delivery, and is a corporate responsibility of the

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CoC although its implementation may rest with Service healthcare provider organizations where
these are established.

5.336. A CO is responsible for supporting the clinical governance of medical facilities, medical
staff and medical support personnel under their command. A CO who has concerns about matters
of clinical governance within their area of responsibility is to consult with the senior MO at the unit
medical centre or with medical staff at regional or formation headquarters.

Appointments, hospital admission and sick leave

5.337. A CO is to ensure that a SP who has a hospital or other medical or dental appointment
is made available to attend and is to take all reasonable steps to minimize failures to attend
appointments.

5.338. A SP who has a hospital or other medical or dental appointment is to take all
reasonable steps to attend. If cancellation is unavoidable, they are to notify the hospital or other
facility at the earliest opportunity and, in the case of a hospital appointment, is also to inform the
unit MO.

5.339. Service patients who are admitted to a hospital or placed on sick leave, other than
through their unit MO, are to ensure that their MO and CO are informed of their admission or sick
leave without delay.

5.340. All SP are to notify their unit MO, without delay, of all medical treatment obtained from
civilian sources, whether or not resulting in absence from duty.

5.341. Any SP who has received medical advice to remain at home in consequence of a case
of communicable disease in a member of their family or household is to report the circumstances
to their MO and CO by an appropriate means.

5.342. Service patients in hospital are to be visited not less than once a week by an officer of
the unit, regiment or corps to which they belong, unless the distance between the hospital and the
unit is prohibitive. Service patients in hospitals in the same command but far from their duty station
may be visited at public expense by an officer of the regiment or corps to which they belong if such
visits are considered to be beneficial. (See AGAI 10667). If a Service patient has indicated that
they do not wish to be visited, their wishes should be respected. In this case, or where the Service
patient has a mental health problem, all enquiries are to be directed to the relevant MAO(CH)
rather than to the hospital.

5.343. A CO is to ensure that regular contact is maintained with patients who are on long-term
sick leave.

5.344. A CO is to ensure that a SP on the Y List maintains regular contact with the Y List Cell
in order that timely medical boards can be initiated.

5.345 - 5.360. Reserved.

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PART 9 - DRESS

General
J5.361.

a. The uniform to be worn by Army SP, and the orders of dress on different occasions,
are laid down in Army Dress Regulations.

b. The prescribed patterns are to be adhered to and SP will be responsible for the cost of
replacing, or restoring to the approved pattern, any articles which they alter without authority
or which are so altered as a result of their instructions.

J5.362. Uniform is to be worn by all SP while on duty, except when authority to the contrary is
given, and on such other occasions as may be ordered. Uniform may be worn when off duty in
accordance with AGAI 5968.

5.363. Reserved.

Orders, decorations and medals

J5.364. SP are responsible for maintaining, ready for wear, any order, decoration or medal
awarded to them. Orders, decorations, medals and medal ribbons are to be worn in the manner
prescribed in Army Dress Regulations. The regulations governing the wearing of non-military
medals are contained in paras J10.013, J10.016 and J10.018.

Wearing of emblems
5.365.

a. The authorised ornaments and emblems and the manner in which they are worn are
prescribed below:

(1) All SP of the units shown below may, at the discretion of their CO, be permitted to
wear the national flower or emblem on their uniform on the following days:

Emblem When Worn By Whom The appropriate

Rose Minden Day Units entitled by custom emblem may also be
Rose St George's Day English Units worn by English,
Thistle St Andrew's Day Scottish Units Scottish, Welsh and
Leek St David's Day Welsh Units Irish soldiers serving
Shamrock St Patrick's Day Irish Units in other units.

(2) All SP are permitted to wear the Poppy on their uniform prior to Remembrance
Sunday and on 11 November. Poppies are not to be worn by troops taking part in the
parade at the Cenotaph on Remembrance Sunday.

b. No unauthorised ornament or emblem is to be worn with uniform.

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Personal appearance
5.366.

a. Hair.

(1) General guidelines. The hair of the head of both males and females in uniform
is to be neat, trimmed and worn above the collar in a manner that is compatible with
the professional image of the Army. The style and colour of the hair (if not natural) is
not to be of an exaggerated nature. The hair is to be worn such that all types of military
headdress may be worn in the correct manner. Hair should not be visible on the
forehead under the brow band of the headdress nor seen on or covering the ears.
Exceptions will only be granted on religious grounds detailed in AGAI 59, Annex B or at
the discretion of the CO.

(a) Males. Male hair is to be cut short such that its length does not reach to
the collar or onto the ears. Males are to be clean-shaven but moustaches and
beards may be worn. If a moustache is worn, it is to be trimmed and not below
the line of the lower lip. Beards and whiskers are only to be worn with the CO’s
authority, which will usually be granted only on medical or religious grounds, or
where tradition permits. The appearance of the beard and whiskers is to be neat
and tidy. Sideburns are not to descend below the midpoint of the ear and are to
be trimmed horizontally.

(b) Females. Female hair may be long but when in uniform, it is to conform to
the general guidelines above. Combs, grips etc if worn, are to be plain and
similar in colour to the hair. A hair net (if worn) is to be of the same colour as the
hair.

b. Make up.

(1) Males. Make up is not to be worn.

(2) Females. Make up (if worn) is to be inconspicuous. Brightly coloured nail

varnish is not to be worn.

c. Jewellery. On formal parades, watches and jewellery (except wedding rings) are not
to be worn. At other times only wedding, and/or engagement rings, and one signet ring may
be worn on the hands with uniform. Women may wear a single small plain stud earring in the
centre of the lobe of each ear. In cases where jewellery has been removed and the residual
effect is larger than a normal piercing hole the area involved will not heal naturally. Any
residual hole of more than 4mm in diameter is incompatible with enlistment or continued
Service. Rings, studs etc. are not to be worn through any other part of the body in uniform,
while undertaking PT or at any time during operational tours. Watches may be worn in
uniform (on either wrist) provided they and their straps are of a sober style and colour.
Additional religious or cultural accoutrements may be worn where this is customary and
authority has been granted.

d. Wearing of promotional items supporting charities. Many charities provide

promotional items such as the Poppy or wristbands for supporters to wear. It is permissible
to wear such items in certain orders of dress providing that it is an officially authorised
charity69 and the Army Dress Committee has endorsed the particular item. The Poppy
supporting the Royal British Legion and the Earl Haig Fund was approved for wear in all

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orders of dress some time ago. Wristbands are a popular promotional item and these may
be worn providing that:

(1) The charity is officially authorised.

(2) No more than one wristband is worn at any one time.

(3) They are not to be worn on formal occasions or with parade orders of dress (Nos
1, 2, 3, 4, 10 or 11 Dress).

e. Tattoos and piercings. It is Army policy that a person with tattoo marks which,
because of size, position or nature, are unacceptable and detrimental to the Service is
ineligible for enlistment, re-enlistment or continued Service in the Army. Similarly, certain
piercings, because of size, position or nature, may render a person ineligible for enlistment,
re-enlistment or continued Service in the Army. Tattooing is to be discouraged, and
unacceptable tattoos may result in an application being made for discharge under para 9.414
of these Regulations. Unacceptable tattoos are defined as being any tattoo mark which
meets one or more of the criteria listed below:

(1) Visible. Visible on a front view passport photograph taken whilst the subject is
wearing an open necked shirt with one button undone; that is on the face or throat
area, on the front of the ear or forward of a line from the bottom of the ear to the collar
bone.

(2) Obscene. Irrespective of its size or position on the body, a tattoo will be obscene
if it refers to or depicts an image of:

(a) a sexual act;

(b) extreme pornographic behaviour;

(c) sexual violence;

(d) extreme violence;

(e) violence to or sexual activity with a child or animal; or

(f) illegal-drugs.

(3) Offensive. Irrespective of its size or position on the body, a tattoo will be
offensive if, by its nature it has the purpose or effect of violating another person’s
dignity or creating an adverse environment for others (for instance because it refers to
or depicts an image relating to a protected characteristic of gender, sexual orientation,
race, religion, disability or age). A tattoo should only be considered to have such an
effect if, having regard to all the circumstances, it can be viewed as offensive by an
objective standard.

(4) Any tattoo mark which does not meet one or more of the criteria above but which,
in the opinion of the SP’s CO or a recruiting officer, is nevertheless, by virtue of its size,
position or nature, unacceptable and detrimental to the Service, for example, a
message on the palm of the hand which would be seen when saluting.

f. Religious and cultural considerations. In wearing uniform, the different cultural

patterns of various religious groups should be respected, especially during moments of
religious expression. If conflict arises, the Army is guided by differentiating between the
tenets of devout faith, which shall be allowed if militarily practicable, and the cultural and

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social customs of a particular group, which may be accommodated as practical. Special

religious and cultural considerations for wearing uniform are contained in AGAI 59, Annex B.
Guidance on diversity issues is contained in AGAI 7570. In the extreme, further advice may
be obtained through normal channels from MOD (PS 12(A)) or the Chaplain General’s office.
In all cases, the Army will be guided by OE and Health and Safety (H&S) issues.

Spectacles
5.367. SP are to wear on active Service only such spectacles as have the approved type of
flattened sides which do not interfere with wearing of a respirator. Such spectacles are provided at
public expense.

Occasions on which the wearing of uniform is forbidden

J5.368. Detailed instructions on occasions on which the wearing of uniform is forbidden are
contained in AGAI 59. The following specific occasions on which the wearing of uniform is
forbidden are to be noted:

a. For officers, when participating in non-Service parades, if conditions require them to

appear in the ranks with serving or ex-SP below commissioned rank. This does not preclude
the wearing of uniform by those officiating at a saluting base or appearing officially with a
party of civic officials.

b. Uniform is not to be worn by prospective or adopted parliamentary candidates at

political meetings, or while canvassing, appearing in public or engaged in any other activities
connected with their candidature. (See also para J5.581 – J5.583.)

c. Uniform is not to be worn at functions where fancy dress is worn. The wearing of
uniform of obsolete design which is clearly distinguishable from the pattern currently worn is,
however, permitted.

d. Uniform is not to be worn by SP engaged in temporary or part time civil employment or

while seeking such employment. Uniform is therefore not to be worn as if inferring some
military or MOD official involvement in a particular commercial or unofficial cause or concern.

e. On occasions when the Army’s reputation or political impartiality might be brought into
question, eg political protests, rallies, marches or demonstrations of any kind where a
political, social or interest group agenda may be perceived as being pursued, or where
disorder or affray might result, or appearing in the media to seek personal publicity.

f. When visiting licensed premises or places of entertainment, except when specifically

approved by the COC.

Wearing uniform in foreign countries

J5.369. Except when serving with a British force or mission, SP are not to wear uniform while in
a foreign country (including the Irish Republic) without having obtained the permission of the
Sovereign's representative in that country. Such permission will be granted only when SP are
employed on duty, or attending court or state ceremonies to which they have been invited.
Permission to wear uniform at foreign manoeuvres can be obtained only from the MOD.

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Wearing the uniform of voluntary organizations

J5.370. SP may wear the uniform of non-political voluntary organizations, eg St John's
Ambulance Brigade, the Salvation Army, or the Scouts, on appropriate occasions provided there is
no interference with Service duties and obligations, but they are not to wear the uniform of any
political organization.

Eligibility for flying badges

J5.371.

a. The term ‘flying badge' is used to include all badges worn by SP who have successfully
completed a prescribed course of flying training. The initial award of a flying badge is on a
provisional basis. It is not deemed to be fully earned until the holder has successfully
completed an operational conversion or equivalent course and has joined an operational or
non-operational unit in the capacity for which their provisional badge has been awarded:

(1) Royal Navy; on issue of Certificate of Competence.

(2) Army and Royal Marines; on award of badge.

(3) Royal Air Force; on successful attainment of an appropriate aircrew

categorization or qualification to undertake productive flying duties.

b. When the badge has been earned, the holder may continue to wear it after they have
ceased to carry out flying duties. Once earned, the badge may be withdrawn only on the
directions of the Admiralty Board, the Army Board or the Air Force Board.

(1) The flying badge may be withdrawn at the discretion of the appropriate Service
Board if the holder fails to complete the training specified in sub-para a above.

(2) The badge may also be withdrawn if at any time the holder is removed
permanently from flying duties for disciplinary or other reasons within their control.

c. A member of aircrew who is qualified for more than one badge is not to wear a badge
other than that appropriate to the particular flying duty in which they are currently categorized
or mustered, except where MOD authority is granted. A member of aircrew who is entitled to
wear a badge and is undergoing training for another aircrew category may continue to wear
the badge of their former category until such time as they are awarded the flying badge of
their new category.

d. The authority for the entitlement to wear a flying badge is:

(1) Royal Navy, MOD (DNW)

(2) Army, MOD (AAC)

(3) Royal Air Force, MOD (DT(F) (RAF))

Any questions on the wearing of flying badges are to be forwarded through the normal
channels to the appropriate authority mentioned above.

e. (Army only). Flying badges are to be worn as laid down in Army Dress Regulations.

5.372 - 5.390. Reserved.

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PART 10 – HONOURS AND AWARDS

Introduction
5.391. This part of Chapter 5 concentrates on matters which are the direct concern of a CO. It
is to be read in conjunction with Chapter 10, which gives the details and terms of eligibility for the
Sovereign's grant of honours and awards to members of the armed forces (and Civil Service
attached for duty). For policy, regulations, and guidance relating to all aspects of honours and
awards and all medals in the Armed Forces, refer to JSP 76171. COs have a personal
responsibility for their SPs’ correct custody, administration and wearing of authorized medals. If
there is any doubt as to a SP’s correct entitlement, COs must seek advice through the CoC to the
Ministry of Defence (MOD) Home Command - PS12.

Meritorious Service Medal (MSM)

5.392. To qualify for consideration for the MSM, a SP must have:

a. Attained the minimum rank of sergeant and completed 20 years reckonable Service
with the colours (which may include Service with the MPGS on a MLSE engagement),
excluding Service as a commissioned officer. Regular Service in the Royal Navy, Royal
Marines or Royal Air Force may be reckoned as qualifying Service, provided such Service
was declared on attestation and during such Service the conduct of the SP was
irreproachable. All Service is reckoned from the age of 17½ years or date of enlistment if
later.

b. Been awarded an appropriate Long Service and Good Conduct Medal (LS&GCM).

c. Performed good, faithful, valuable and meritorious Service with conduct judged to be
irreproachable throughout their Service. This would normally require a conduct sheet free of
any disciplinary entries. Exceptionally, those who have been awarded the LS&GCM but who
have disciplinary entries should not be precluded from nomination.

d. In the case of recently commissioned late entry officers the recommendation is to be

made by their last CO of their last post prior to commissioning. These recommendations
should be initiated within 12 months of leaving that last non-commissioned post. Command
Sergeant Majors who are already commissioned can continue to be recommended provided
that any recommendation is initiated within 12 months of leaving the appointment. Similarly,
recommendations for those nearing discharge should be made by their last CO within
12 months of discharge.

5.393. Citations for the Army Medal Board (AMB) are to be initiated by COs on F Hons 776
and forwarded, together with any details of disciplinary entries, through the CoC to the MOD medal
office. Each citation must be supported through the CoC to at least 2-Star level. Citations must
arrive at the Army medal office no later than 1st April and 1st October each year, however, it is
important to note that any recommended citation not making the given deadlines will be held over
to the next Board. No recommended citation will miss a chance for selection at a Board because
of a staff delay.

5.394. Citations must demonstrate sufficient evidence of the meritorious Service performed by
the candidate that warrants the award of the medal of that name. Evidence of particular
achievements, whether in the course of military duty or in extramural involvement which benefits
the Service or the public in the field of sport or such things as charitable work, is most valuable. A
citation which amounts to no more than a bland description of a candidate's Service record will not
suffice and should not be supported by the CoC. SP who have performed long Service with
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irreproachable conduct should not automatically be recommended for the MSM as the recognition
for such Service is the Clasp to any LS&GCM which has been awarded.

5.395. Recommendations are to be treated in confidence and are not to be divulged to the
candidate. The names of successful candidates only will be promulgated. After each AMB names
of the successful candidates will be forwarded to COs through the MS CoC to ensure correct and
timely notification.

LS&GCM (Military)
5.396. The LS&GCM is awarded to all officers and other ranks who complete 15 years
Regular Army Service from the date of attestation. Clasps are available for each subsequent 10
years Regular Army Service. Any entry on the disciplinary record will automatically incur a delay
for a further period of 15 years from the date of the most recent entry. If a SP incurs a disciplinary
entry after receiving the medal, eligibility to the clasp or additional clasps will be automatically
delayed for a period of 10 years from the date of the most recent entry. A minor offence as listed
in AGAI 67 committed by a private soldier may not incur a delay unless there are multiple minor
offences.

5.397. Both medals and clasps will be issued automatically by the MOD medal office to COs
who are to ensure that there are no pending disciplinary proceedings and make arrangements for
the award. If there are pending disciplinary proceedings, the CO is to retain the medal until such
time as the disciplinary proceedings are resolved. If no action is taken, the medal can be
presented to the SP. However if the date of an offence or offences resulting in an entry on the
SP’s disciplinary record is before the qualifying date for the medal and therefore incurs a delay of
15 years, the CO is to return the medal to the MOD medal office. Complete details are contained
in JSP 761 Chapter 5, Annex B.

Presentation of medals and clasps

5.398. MSM, LS&GCM (Military) and clasps of SP still serving will be sent to their COs for
presentation on a regimental or other suitable occasion. Medals received for SP who have been
transferred are to be forwarded to the CO of the new unit under registered cover. If the SP has
been discharged and a presentation cannot be arranged the medal or clasp is to be returned to the
MOD medal office under registered cover. The presentation of other honours and awards is
discussed in para J10.015.

Forfeiture of MSM and LS&GCM (Military)

5.399. A CO is to submit a case through their next superior headquarters to the MOD medal
office in the following instances:

a. When a SP who has been awarded the MSM commits an offence which results in a
disciplinary entry on their personal discipline record.

b. When the CO considers that the conduct of a SP who has been awarded the MSM
ceases to be irreproachable.

c. When a SP who has been awarded the LS&GCM (Military) is awarded a period of
detention or imprisonment for a period longer than 6 months.

5.400. The case should consist of:

a. A statement giving full details of the offence and, if applicable, details of why the CO
considers a SP's conduct ceases to be irreproachable.

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b. Details of any mitigating factors which should be considered.

c. A firm recommendation for forfeiture or retention of one or both medals by the CO.

d. A certified true copy of the personal discipline record.

e. A firm recommendation by the commander of the next superior headquarters.

5.401. The case should be sent to the MOD medal office for the attention of the AMB. Whilst
the case is under consideration the medal(s) are not to be withdrawn from the SP unless the MOD
medal office specifically instructs that this is to be done. The final decision on the forfeiture of the
medal(s) will be made by the AMB in the case of the MSM or the Defence Council in the case of
the LS&GCM (Military). The CO will be notified of the decision in due course. Complete details
are contained in JSP 761, Chapter 9.

Forfeiture of all other awards

5.402. In addition, when a SP has been awarded a period of detention or imprisonment for a
period longer than 6 months by a civil or military court or their career has been terminated as a
result of disciplinary proceedings, a CO is to take all other awards liable to forfeiture into safe
custody pending a decision as to their forfeiture or otherwise. In the circumstances of para 5.403
and 5.404, they are to forward them to the MOD medal office. The following paragraphs outline
the necessary guidelines when forfeiture is to be considered. Complete details are contained in
JSP 761, Chapter 9.

5.403. War, campaign, general Service and commemorative medals. When a SP has
been convicted of any of the offences specified in Annex B to Chapter 10 or is sentenced to
dismissal with disgrace from Her Majesty's Service or awarded a period of detention or
imprisonment for a period longer than 6 months by a civil or military court, all their war, campaign,
general Service and commemorative medals are to be considered for forfeiture. The CO is to
submit a case through the CoC to the MOD medal office, as outlined in 5.399.

5.404. Honours and awards for exceptional and outstanding Service. Forfeiture of an
honour or award for exceptional and outstanding Service is to be considered whenever, due to
misconduct, a SP's career is terminated as a result of conviction by CM or administrative
discharge. However, forfeiture is only to be recommended when the offence, in addition to those
categories outlined in para 5.402, involves either disloyalty to the State or such disgraceful conduct
that public opinion would be likely to consider it wrong for the offender to continue to hold a symbol
of Royal favour. The CO is to submit a case through the CoC to the MOD medal office as outlined
in para 5.399.

5.405. Operational and non-operational awards for gallantry. Operational or non-

operational awards for gallantry are not liable for forfeiture under any circumstances.

Restoration of all awards

5.406. Applications for the restoration of all awards under the conditions specified in JSP 761,
Chapter 10, Annex C are to be made as follows:

a. For serving personnel: by the CO of the SP's present unit, supported by their
recommendations and a copy of the personal discipline record, through the next superior
headquarters, to the MOD medal office for consideration by the AMB.

b. By non-effective personnel: to the MOD medal office. The MOD medal office is to
forward a recommendation and all relevant documents in each case to the AMB.
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5.407. The MSM can never be restored. A forfeited LS&GCM (Military) may not be restored
but SP may requalify for the medal after a further period of 15 years qualifying Service.

Recording on personal documents

J5.408.

a. The grant, forfeiture and restoration of decorations and medals are to be recorded on
the SP's personal documents by the officer in charge of those documents.

b. (Army only). When medals are issued to a soldier after they have left the Colours the
personnel records division of personnel pay and pensions administration will enter the award
in the soldier's Discharge Book (AFB 108).

Custody and transit

J5.409. Decorations and medals are normally kept by the SP to whom they are awarded. COs
are responsible for ensuring that soldiers are in possession of the decorations and medals they are
authorized to wear.

J5.410. When travelling on charge of station, by whatever means, decorations and medals are
to be carried in the personal effects accompanying the SP and are not in any circumstances to be
sent with unaccompanied baggage.

J5.411. Decorations and medals of absentees without leave are to be kept in safe custody
under unit arrangements. Decorations and medals of deserters are to be forwarded to the MOD
medal office.

J5.412. The decorations and medals of SP sent to hospital are to be dealt with as directed in
Regulations for Army Medical Services 1974 (AC 10910).

J5.413. The decorations and medals of a SP who, on discharge, is sent to a mental hospital or
placed in the charge of a local authority are to be forwarded, by the officer carrying out the
discharge, to the MOD medal office with a notification of the date of discharge and the institution to
which the SP has been sent. Similar notification is to be made if the SP is entitled to decorations
and medals not yet issued.

J5.414. Subject to any specific directions in the Statutes or Warrants governing the various
orders, decorations and medals, the decorations or medals of a SP dying in the Service are to be
sent to the authority responsible for disposing of their estate.

Dispatch of medals.
J5.415.

a. The Armed Forces Postal or Transit System is to be used as fully as possible for the
dispatch of medals to the SP or their unit. For decorations or medals that are personalized
or contain precious metals the minimum of a recorded delivery (or equivalent) system must
be used, and at all stages in the dispatch process an audit trail must be provided. This
system is also applicable to units and the MOD medal office for the dispatch of medals.

b. Where the Forces Postal or Transit System cannot be used then World War II
campaign medals and stars are to be dispatched by ordinary second-class post. All other
medals are to be sent by the minimum of a recorded delivery system.

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c. Medals of those who are killed in action or die whilst serving are to be sent by post,
using the above criteria from the MOD medal office to the 3 Services as follows:

(1) Royal Navy. HMS Centurion Grange Road Gosport, Hants.

(2) Army. The regimental or corps headquarters of the deceased.

(3) Royal Air Force. RAF Personnel Management Centre Royal Air Force
Innsworth, Gloucester.

d. (Army only). It will be for the regimental or corps headquarters of the deceased to
contact the legal beneficiary of the medals once they have been received from the MOD
medal office where they will have been mounted and placed in a presentation box before
dispatch. It is the responsibility of the regimental or corps headquarters to make
arrangements in accordance with the wishes of the deceased's family for suitable
presentation of the medals. The recipient must be the legal beneficiary and no one else.
The alternative will, of course remain, of sending the medal on by post should the beneficiary
prefer this.

Responsibility for loss or damage during affixing by tailors.

J5.416.

a. It is a unit responsibility to ensure satisfactory and full accounting and handling

procedures are put in place when tailoring facilities for decorations and medals are provided.
When a contractor provides tailoring facilities, the unit is responsible for producing a written
work order, enumerating the actual items, which is to be handed in with the work. If
necessary, contracts are to reflect this requirement.

b. SP who make private arrangements with a tailor for mounting decorations or medals
are to be personally responsible for any loss or damage which may result.

c. (Army only). Whenever medals are given to a contractor for mounting, a written work
order from the unit, enumerating the actual items, is to be handed in with the work. It is a
unit responsibility to ensure that the medals are returned to the SP concerned.

Loss and replacement

J5.417. For loss and replacement of medals refer to JSP 761, paras 123 -128.

Mobilization
5.418. Formation and unit mobilisation plans are to cater for the security of medals.

5.419 - 5.460. Reserved.

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PART 11 – RESERVED

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PART 12 – APPRAISAL REPORTS, TERMINATION OF SERVICE AND

SUSPENSION AND REMOVAL FROM APPOINTMENT

Appraisal reporting instructions

5.511. See JSP 75772 – Part 2

Termination of Service

5.512. See AGAI 67 – Part 3 – Annex A

Suspension and removal from appointment

5.513. See AGAI 67 – Part 5 and associated form at Annex C.

5.514 - 5.540. Reserved.

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Guidance – Volume 2 – Guidance for Army personnel

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PART 13 – CORRESPONDENCE, DOCUMENTS AND BOOKS

General instructions on correspondence

5.541. When not engaged in operations, correspondence is to be produced as directed in
JSP 10173. When a unit is on active Service, Land Component Handbook (AC 71038) covering a
wider range of subjects is to be used in place of JSP 101.

5.542. Service personnel are to ensure requests for returns and reports are kept to a
minimum, and that before requests are sent the initiator is to ensure that there is no other way of
proceeding and that the information does not already exist in some other form.

5.543. Care is to be exercised by SP in the distribution of correspondence. Originators are to

ensure that action and information attendees are annotated in accordance with JSP 101. The
principles of a ‘need to know' and a ‘need to hold' are to be applied to avoid unnecessary staff
action.

Army forms and books, regulations and manuals

5.544.

a. The Army produces official publications and regulations using a range of media. In
each case, one version, whether print, audio visual or another, is the authoritative version.
This authoritative version is designated by the Competent Army Authority (CAA). These
publications provide doctrine and guidance for the conduct of operations, regulations to
control and co-ordinate Army business and Army forms to comply with current regulations
and for a variety of other military purposes.

b. Publications are produced by the CAA and are available to download from the Defence
Intranet Army Forms webpage or ordered from and distributed by the MILLIE Online Portal.
The Catalogue of Official Army Publications Books and Forms (AC 71788) contains details of
the books of regulations, manuals of instruction and other Army handbooks available.
Authoritative publications are hosted electronically on the British Army electronic Battle Box
(BAeBB), which is part of the Army Knowledge Exchange (AKX), as directed by the CAA for
the BAeBB. The intranet version of the BAeBB is the authoritative version, but to enable
accessibility to the whole Army an OFFICIAL-only version of the Battle Box is also hosted on
the Internet behind the Defence Gateway. As an off-line back-up, an annual Battle Box DVD
is produced for those with no access to the internet, it will not keep pace with in-year
changes and may rapidly become out of date.

c. Wherever possible, COs should ensure that electronic versions of documents are used:
there is no requirement for units to maintain hard copies, except for short term use. Where
hard copies are maintained it is the holder’s responsibility to check against electronic
versions for currency before being used for critical purposes. Where publications are
classified OFFICIAL, they may be downloaded and held on personal electronic devices
unless marked otherwise in the handling instructions.

5.545. Reserved.

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Disposal of official documents

5.546.

a. All official documents of any description are subject to the provisions of the Public
Records Acts 1958 and 1967. All such documents, whether original, drafts, or copies, in
any form, whether classified or not, and from whatever source they may have derived, are to
be disposed of when no longer required in accordance with JSP 44174.

b. Before any document is destroyed as permitted by the rules referred to in a. it is to be

examined to establish the handling appropriate to its contents as specified in JSP 440.

Guard reports
5.547.

a. Guard reports (AFB 160) are to be retained in units for 3 years.

Personal discipline records

5.548.

a. A record of conduct is to be kept on JPA discipline history, strictly controlled and

access only given to those personnel directly responsible for the administration of unit
discipline, for any SP serving who, in respect of any offence:

(1) Has been found guilty by a court other than the CM where such finding has been
reported to the Army Board under para 6.178 (Officers only).

(2) Has had a civil conviction where the CO has ordered the conviction to be
recorded as a Discipline Entry in accordance with AGAI 67. (see Annex H - para 4c to
this chapter).

(3) Has, under the AFA 06, been convicted by CM or been found guilty at a
summary hearing.

(4) Has had a sanction resulting from Major Administrative Action (Major AA)
awarded under AGAI 67.

b. Normal JPA recording procedures are to be followed. Should the finding be quashed
or amended on appeal the entry is to be deleted or altered.

c. Further detailed guidance is given in the JPA BAGs.

d. To ensure timelier recording of disciplinary action and Civil Police Investigations and
AGAI 67 Major AA on JPA, with immediate effect, all casework is to be recorded on JPA
discipline within 5 working days (at the 8-day point for Absence Without Leave (AWOL)) of
the incident being reported to the unit. This will allow units to inform their respective 1* HA
immediately by assigning a ‘SL Notify HA’ or ‘WS Notify HA’ task as appropriate. HA will
then have immediate visibility of casework within their JPA discipline work flows, allowing
them to identify quickly any basic errors on the JPA SR and to address them with the
relevant unit, as part of the assurance process. This should occur even if the investigation is
discontinued, as a record must be maintained on JPA of all reasonable or substantiated
allegations, both to protect the SP and the Army.
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Managing information in Defence

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e. Where, on appeal, a finding or award of a CO has been quashed or varied, a

notification to this effect is to be forwarded by the CO to their HA and APSG, Personnel
Services using JPA.

f. Any special act of gallantry or distinguished conduct is to be recorded on the discipline

record.

5.549 – 5.50. Reserved.

5.551. Entries. Detailed instructions for entries on to personal discipline records are at
Annex H to this chapter.

5.552 – 5.554. Reserved.

Historical records
5.555. Operational record. During operational periods, a commander’s diary is to
be maintained in duplicate on a monthly basis (AFC 2118 and 2119). An operational record is to
be maintained on active operations, on a monthly basis, by all formations and units involved, and
by detachments of units if so ordered by superior headquarters. Detailed instructions for the
maintenance of operational records are on the Commander’s diary Instructions (AFC 2119) and
Army Command Standing Order 1120, Operational Record Keeping. Standard operating
procedures of all formation headquarters are to contain provision for the maintenance of the
operational record, when appropriate, by units under command.

5.556. Unit historical record. When no operational record is being maintained under
para 5.555, all regular and independent Army Reserve units and all formation headquarters are
required to maintain, on an annual basis, a unit historical record on AFC 2117, with supporting
documents. Detailed instructions on the maintenance of this record are given in AGAI 675 which
also defines the term ‘unit’ for this purpose and provides a list of units required to submit unit
historical records. Formation headquarters are to ensure that unit historical records are received
annually by the due date. Unit historical records are to be closed as soon as an operational record
is opened by the unit and the historical record forwarded to the MOD in accordance with the
provisions in AGAI 6.

MOD library
5.557. The MOD library maintains a collection of all published histories of regiments and other
units. To ensure both that the collection is as complete as possible and that copies will be
available for future historians, officers responsible for the production of regimental histories,
journals, newspapers and other publications issued privately by the regiment or by regimental
associations are to send a copy to The Librarian, MOD, Whitehall Library.

5.558 - 5.580. Reserved.

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Official correspondence, publications and records

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PART 14 – POLITICAL ACTIVITIES AND ELECTORAL REGISTRATION

Political activities
J5.581.

a. Regular SP are not to take any active part in the affairs of any political organization,
party or movement. They are not to participate in political marches or demonstrations.

b. No restriction is to be placed upon the attendance at political meetings of such SP

provided that uniform is not worn, Service duties are not impeded, and no action is taken
which would bring the Service into disrepute.

c. (Army only). Army Reserve Personnel are governed in their political activities by
Reserve Land Forces Regulations, Ch 3, Sect 7.

J5.582. All forms of political activity, including political meetings and speeches, are prohibited in
Service establishments. Canvassers may visit, and motor cars used for carrying electors to the
poll may call at, married quarters and families' hostels to which there is normal access direct from
the public highway. Where access is by Service roads and there is no separate entrance, access
to married quarters will be at the discretion of the CO under such conditions as they may approve.
Access should not be denied unless there is a Service reason, such as security, and decisions
should be equitably applied. Information about party programmes or policies is not to be made
available through Service journals or information rooms; nor is any propaganda issued by or on
behalf of a political party to be distributed in Service institutions. No publicity is to be given in
Service establishments to meetings, fetes, or similar activities having a political association.

J5.583. Service facilities and speakers. No Service facilities, including Service aircraft and
motor transport, are to be used at, or in connection with, any function the purpose of which is to
further the interests of a political party or an organization having controversial aims, nor are
Service bands to play at such functions. Where requests are received from political groups for
Service speakers to lecture or give a presentation, these should be referred for action to the Army
Secretariat who will reply direct to the group; if there is uncertainty about the nature of any
organization, the MOD should be consulted. (Army only: See also Chapter 12 Annex A(J).)

Parliamentary candidature
J5.584. Members of the regular Armed Forces of the Crown are disqualified from membership
of the House of Commons (House of Commons Disqualification Act 1975) and from election to
the European Parliament (European Parliamentary Act 1978). Such SP must therefore apply for
permission to retire voluntarily or resign or be granted a free discharge from the Service before
their formal adoption as a Parliamentary candidate or prospective candidate. Such SP must
complete their last day of Service before formal adoption as a candidate or prospective candidate.

J5.585. No regular SP or member of the Reserve Forces when serving on a full time Service
commitment or additional duties commitment shall issue an address to electors or in any other
manner publicly announce themselves76 or allow themselves to be publicly announced as a
candidate or a prospective candidate for election to:

76
This shall not apply to:
a. a SP who is an officer on the retired or emergency list of any of the regular Armed Forces of the Crown, or who holds an
emergency commission in any of those forces, or belongs to any reserve of officers of any of those forces.
b. a naval, marine, army or air force pensioner, or former soldier, who is recalled for Service for which he/she is liable as such by
reason of his/her being a member of the regular armed forces of the Crown; or
c. an Admiral of the Fleet, a Field Marshall or a Marshal of the Royal Air Force, if he/she does not for the time being hold an
appointment in the naval, military, air force Service of the Crown.

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a. UK Parliament, European Parliament, Scottish Parliament or Parliament of the Irish

Republic for an parliamentary constituency;

b. the Northern Ireland Assembly or the National Assembly for Wales for any assembly
constituency;

c. any legislative assembly of the Commonwealth, or as a

d. Police and Crime Commissioner.

J5.586. Any SP to whom para J5.585 applies and who desires to stand as a candidate or who
seeks election as in para J5.585 must make an application through normal Service channels to
retire voluntarily or to resign or to be granted a free discharge. Such an application should be
made as early as possible. Approval of an application will depend on the exigencies of the
Service. On leaving the Service, an unsuccessful candidate will have no right to reinstatement.
A candidate or prospective candidate must take all steps within their power to ensure that no public
announcement of their candidature is made before they have retired, resigned or been discharged.

Candidates in local government elections

J5.587.

a. SP may not accept membership of any local authority, or allow themselves to be

nominated for election to any such body, without the permission of the APSG, Conduct
Branch.

b. A member of the Armed Forces who is recalled for Service while they are a member of
a local authority is to report such membership to their CO.

c. SP who are permitted by the MOD to be nominated for election to any local authority
may only stand as independent candidates. They are not to stand as candidates for any
political organization, party or movement and, if elected, are not to involve themselves in any
way in the affairs of any such organizations, party or movement.

Electoral registration and voting

5.588. Full instructions regarding electoral registration and voting are contained in Annex K(J)
to this chapter.

J5.589. All ships, regular units and stations are to give SP and their families every assistance
to register as voters. COs are to appoint an officer(s) to be responsible for providing advice to SP
and their families on Service voting issues. Unit Registration Officers (UROs) should act as a focal
point within their unit to ensure that everything possible is done to encourage SP and their families
to register to vote. The responsibilities of UROs are:

a. To encourage SP and their families by all appropriate means to register to vote in

Parliamentary, European Parliamentary, Police and Crime Commissioner, Assembly and
Local Government elections and referendums.

b. To promulgate information within units on how to register to vote by organising an

annual ‘Service Registration Day’.

c. To act as a focal point within units in response to initiatives from the Electoral
Commission and civilian Electoral Registration Officers (EROs) to encourage SP and their
families to register to vote.

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d. To ensure that all new entrants to the Armed Forces and new joiners to units are made
aware of the procedures and options for registering to vote and voting.

Trade unions
J5.590.

a. Regular SP may become members of civilian trade unions and professional

associations in order to enhance their trade skills and professional knowledge and as an aid
to resettlement into civilian life. They are not to participate in industrial action or in any form
of political activity organized by civilian trade unions or professional associations.

b. No restriction is to be placed upon the attendance at meetings of civilian trade unions

or professional associations or at courses of instruction run by such organizations where
attendance at such a meeting or course is intended to enhance trade skills and professional
knowledge. Attendance at such meetings and courses is to be subject to the proviso that
uniform is not to be worn, Service duties are not impeded, and no action is taken which
would bring the Service into disrepute.

c. (Army only). These rules do not apply to members of the Royal Irish Regiment (Home
Service Part Time). However, they should not wear uniform or bring the Service into
disrepute when participating in activities of a civilian trade union or professional association.

5.591 - 5.610. Reserved.

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PART 15 – PUBLIC AND SERVICE (NON PUBLIC) FUNDS

Public funds
5.611. The handling of, and accounting for, public money on unit charge is to be the
responsibility of an officer, which may include a civil servant of Grade D or above, a WO
AGC(SPS) or a staff sergeant AGC(SPS) within the limitations set out in JSP 89177, supplemented
by the Unit Administration Manual. SP so appointed are to be fully conversant with their duties as
laid down in both publications, which contain instructions regarding accounting and safeguarding of
public funds; they are to have attended and passed the Imprest Account Operators’ Course. If the
CO is the imprest holder they are to report that fact to the headquarters responsible for the
administration of their unit, in order that another officer of equal or higher rank may be appointed to
carry out the required checks of the funds.

Service (non-public) funds

5.612. COs, including the COs of independent sub units, are responsible for the proper
application of all the Service (non-public) funds of their units and for the control and supervision of
committees formed for the management of such funds in accordance with Charities Law78, Service
Funds Regulations (SFR) (AC 60450) and the instructions contained in Annex J to this Chapter.
Certain Service (non-public) funds, although physically maintained in a particular unit, do not fall
within the ambit of the CO’s responsibilities. eg the funds of a sporting activity at Army, command,
district or other level. In such cases the duties of the CO devolve upon the chairperson of the
particular activity or organization and upon the formation headquarters within whose jurisdiction the
fund is located.

Voluntary regimental subscriptions

5.613.

a. All SP may subscribe voluntarily to a corps/regimental charity/association as part of

Service Day’s Pay Giving (often called the “Day’s Pay Scheme”), provided that the president
and treasurer of the charity/association are commissioned officers on the active or retired list,
that the association is of a non-political character and that a minimum of half the income is
devoted to the benevolent assistance of regular and reserve personnel, veterans and their
dependants in need.

b. Voluntary Day’s Pay Scheme subscriptions in respect of para a (above) are not to
exceed the equivalent of two and a half day's gross pay a year for each SP. Voluntary
regimental subscriptions in addition to the above in connection with regimental amenities
such as sports clubs, regimental journals or rifle clubs are not to exceed 10 per cent of the
daily rate of pay of the lowest paid adult SP in each month. COs are to ensure that the
voluntary nature of such subscription is made clear to all subscribers and that the amenities
in question can be maintained only by the general support of all ranks.

c. COs are also to ensure that SP, especially recruits and junior soldiers, are protected
from unauthorized expense on account of regimental custom, and that a periodical review is
made of all such expenses incurred by SP in their units, with a view to the reduction of any
unnecessary expenditure.

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Imprest accounting, banking and control accounts manual.
78
See Annex J, Para J15

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PART 16 - STORES, EQUIPMENT, FOODSTUFFS, VEHICLES AND MOVEMENT

Responsibilities
5.621. A CO is responsible:

a. For and accountable for the supervision and control of all materiel, equipment and
stores held on charge to their unit. Ensuring it is properly stored and protected against theft,
misappropriation, fire, deterioration and misuse and that the accounting records are
maintained up to date and in accordance with the Defence Logistic Framework (DLF79).
Delegation of any supervisory duties does not relieve this responsibility.

b. For ensuring that every officer, even if the appointment which they hold is only
temporary in nature, is aware that they are responsible for the equipment, ammunition,
clothing and public stores appertaining to the appointment and is accountable for them to the
CO.

c. That at all times all such items are properly held on charge by nominated SP and that if
an equipment holder is to be absent from the unit they shall in good time have formally
handed over their responsibilities to a nominated deputy.

d. That unit standing orders cover the accounting for firearms, ammunition, explosives
and other items that are Attractive to Criminal, Terrorist Organisations (ACTO) are managed
in accordance with the DLF and JSP 440; that the storage of ammunition accords with
JSP 48280; and that the security of firearms and ammunition, either in storage or transit, is in
accordance with the standards recommended by command security staffs.

e. That when there is any change of command, the transfer of responsibility for materiel is
to be formally ratified by the completion of a handover/takeover (HO/TO) certificate. The
completion of the HO/TO certificate is a formal acknowledgement by the incoming incumbent
to accept responsibility for the unit accounts for which that individual is taking responsibility
as outlined in DLF.

Irregular loan of stores

5.622. Any SP in charge of public stores and equipment of any kind is strictly forbidden to lend
any article under their charge for any purpose not authorized by their CO.

Kit of deserters
5.623. When a SP is struck off strength of their unit as an absentee or deserter their clothing
and equipment matters are to be settled between units as in all cases of transfer.

Inspections
5.624. Periodic inspections of mobilization stores, equipment and vehicles are to be carried
out as laid down in the DLF and Army operational mobilization instructions and orders.

79
Accessible through the Defence Gateway
80
MOD Explosive Regulations

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Mechanical transport
J5.625. Regulations for the administration, operation, use and servicing of Mechanical
Transport are contained in Joint Defence Movements and Transport Regulations, Road Transport
DLF.

Purchase of Government materiel by crown servants

J5.626.

a. SP and civilians employed by the MOD are not permitted to purchase Government
materiel which is not surplus to requirements or to make purchases from any Government
Department except:

(1) Supplies of provisions, clothing, gas, etc., in accordance with specific authorities
which are only given in certain circumstances.

(2) Articles made during formal tuition at vocational training centres, Service
workshops, schools and training establishments, within the limits authorized.

(3) In exceptional circumstances when the authority of the MOD has been obtained;
the fact that the materiel is required for personal requirements and not for commercial
purposes will not be regarded as a sufficient justification for any such authority.

(4) Abroad when the applicant's requirements cannot be met by the outside trade, no
inconvenience to the Service will result and the specific authority of the senior officer of
Her Majesty's forces in the territory or the Dockyard Superintendent has been obtained
in writing.

b. This regulation does not apply to HMSO publications on sale to the general public.

Sales of surplus materiel

J5.627.

a. When Government surplus materiel is offered for sale at fixed prices, by auction or by
competitive tender, SP and civilians employed by the MOD may purchase such materiel,
except where:

(1) They are, or have been, by reason of their official position able to obtain special
knowledge regarding the condition of the goods to be sold.

(2) They are, or have been, officially associated with the disposal arrangements.

(3) The materiel is for the purpose of resale and not for their personal requirements.

b. Sale by private treaty of Government surplus materiel to SP and civilians employed by

the MOD is not permitted except where:

(1) Special authority to sell at a fixed price has been given by the MOD, or

(2) The article is of sentimental value to the applicant (eg ships' bells, war souvenirs,
etc.) and would otherwise be disposed of by sale. MOD approval will be required in
each case.

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c. Recognized Service organisations may be allowed to purchase surplus Governmental

materiel providing it is for the organization’s requirements and is not for personal or
commercial requirements. MOD approval will be required in each case.

d. The approving authority is the MOD branch responsible for bulk sales of the materiel as
surplus.

Movement
5.628. Movement involving conveyance at public expense will not take place without due
authority; a reference to this authority will be quoted on all travel documents.

5.629. The conditions under which conveyance at public expense is admissible for SP,
baggage and furniture, and the rates and conditions of allowances issuable in connection there
with, are in Regulations for Army Allowances and Charges (AC 10).

5.630. Further detailed instructions regarding the movement of SP, stores, vehicles, animals,
guns and baggage, and instructions on relevant documentation, are contained in DLF.

5.631 - 5.650. Reserved.

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PART 17 – BARRACKS AND MARRIED QUARTERS

Regimental inspections
5.651. The general tidiness and upkeep of barracks and barrack fitments are the responsibility
of the unit in occupation. There are to be monthly inspections of barrack accommodation and
grounds. At the CO’s discretion the medical officer or their representative will attend. Civilian
medical practitioners may decline to attend in which case a uniformed member of the medical team
will attend in their stead. Exceptionally an inspection may be deferred but for no longer than one
month. Inspecting officers are to be of not lower than field officer rank except in small units, in
which the rank is not to be lower than captain.

Fire precautions and fire fighting

5.652. Unit fire safety orders and fire safety management are to be kept under continuous
review and tested by a system of frequent fire drills. Fire fighting appliances and alarm systems
must be maintained in good order ready for instant use. Unit fire safety officers are to be
appointed and trained. Detailed instructions and advice are contained in Army Department Fire
Prevention and Fire Fighting Regulations (AC 60737) and JSP 42681.

Wilful Estate Damage (WED)

5.653. WED is defined as ‘deliberate or negligent actions or unacceptable behaviour that
causes damage to MOD assets and in the view of a reasonable person or persons is not
acceptable in the environment in which the incident occurred. This includes, but may not be limited
to, estate damage caused by wilful overt stupidity, wilful carelessness, negligence, drunken
behaviour and/or criminal acts resulting in damage’. The amount of damages or losses is to be
pursued as far as possible against the SP responsible. The CO, may make an order82 authorising
a deduction to be made from the pay of a relevant SP and to be appropriated as or towards
compensation for any damage to or the loss of any public or Service property. This is an
administrative procedure and it is not necessary for the charge to be brought. This course of
action is only to be taken if the CO is satisfied beyond reasonable doubt that the relevant SP’s
conduct caused the damage to or the loss of property and amounted to an offence under section
24 of the AFA 06, ie was deliberate, reckless or negligent. The amount to be deducted is to be
limited to that necessary to put right the damage caused. In reaching their conclusion on whether
the SP was in fact responsible for the damage in question, the CO should investigate the matter
and may wish to adopt a similar formal approach to the consideration of evidence as they would at
summary hearing, including hearing representations from the SP in question. No order shall be
made83 with respect to damage to or the loss of any public or Service property, if:

a. a court or officer has sentenced the relevant SP for a Service offence and on passing
sentence had power to make a Service Compensation Order in respect of that damage to or
that loss of property; or

b. in circumstances involving a finding that the relevant SP was not guilty of intentionally,
recklessly or negligently causing that damage to or that loss of property they have been
found not guilty of a Service offence. This applies where at trial, summary hearing or appeal
to the Summary Appeal Court (SAC), the relevant SP is found not guilty of an offence under
section 24 of the AFA 06 in relation to damage or loss of property in question. It also applies
where at trial, summary hearing or appeal to the SAC the relevant SP is found not guilty of
any other Service offence and it follows, from that finding, that they are also not guilty of an

81
Defence fire safety and risk management
82
Reg 5(1) Armed Forces (Forfeitures and Deductions) Regulations 09; JSP 830, Ch 20; S 342(1)(c) AFA 06;
83
Reg 5(2) Armed Forces (Forfeitures and Deductions) Regulations 09; and JSP 830 Ch. 20

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offence under section 24 of the AFA 06 in relation to the damage or loss of property in
question.

5.054 – 5.055. Reserved

Service Families Accommodation (SFA)

5.656. For allotment; allocation; estrangement and commercial use of SFA see JSP 46484.

Allotment and allocation of Single Living Accommodation (SLA)

5.657. See JSP 46485.

Occupation of Single Quarters.

5.658. For policy on the occupation of single quarters see AGAI 53.

84
Tri-Service accommodation regulations – Volume 1 – SFA and substitute SFA
85
Tri Service accommodation regulations – Volume 2 – SLA and substitute SLA.

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PART 18 - MESSES AND INSTITUTES86

General
5.701. Conduct. The conduct, customs and administration of officers' and sergeants' messes
and of institutes are to be governed by rules, a guide to the contents of which forms part of
Annex K to this Chapter. Copies of mess rules are to be made available to members, and rules
governing institutes are to be posted up where SP can readily see them. Fines, whether in money
or wine, are not to be levied for any minor irregularities, or on occasions such as marriage or
promotion. The practice of entertaining units on arrival or departure from a station is prohibited;
the hospitality afforded is to be limited to offering the officers, Warrant Officers (WOs) and Non
Commissioned Officers (NCOs) the accommodation of the messes as honorary members.

5.702. Mess funds. The management of and accounting for mess funds is to follow the
principles and regulations set out in Annex J to this Chapter, and Service Funds Regulations
(AC 60450). Undue extravagance and expense are to be avoided. These regulations apply to
garrison and unit messes equally.

5.703. Insurance of property. All non-public property of a mess is to be insured against loss
by fire, theft, shipwreck or air disaster, the premiums being charged against mess funds.

5.704. In line with maintaining ethos, there is a requirement to maintain separate facilities for
Officers, WOs and Senior NCOs, and Junior Ranks (JRs), and are to include routine feeding, bar
provision, mess management, cleaning, allocation provision, account management and associated
Services such as batting where included in the contract to each cohort. The provision of a bar is to
be provided at public expense within Officers’, WOs’ and Senior NCOs’ Mess facilities and where
compatible with the commercial business model, the JRs’ CRL facility87.

5.705. Official Mess Functions (OMF). The revised Army policy and allocation of OMF88 to
ensure support to both A2020 and FR20 structures. With implementation on 1 Apr 16, the
allocation of OMFs for Officers’ or WOs’ and Sergeants’ Messes is:

a. Regular unit, station/garrison and formation headquarters89 – 8 functions per mess.

b. Reserve units – 2 functions per mess, to be held at annual training camp, with paired
unit or at the nearest suitable mess facility90.

c. Corps and Regiments91 – All Officers, WOs and SNCOs not at Regimental Duties are
to be able to attend one OMF per financial year.

5.706. OMF governing principles. Detailed direction to PMCs for OMF is found at Annex K.
The overarching principles that govern the application of OMF are:

a. The justification for OMF is based on the need to maintain the moral component of
Fighting Power, OE and unit cohesion through the development and maintenance of
regimental ethos within units, corps and regiments. The maintenance of a broader corps or
regimental ethos is fundamental to the way SP are recruited, retained and developed.
86
This Part and associated Annexes are currently under review.
87
Army Command Group endorsement “Pay As You Dine and Messes: Setting the Army Requirement for Project HESTIA”
ACG/P(12)44 dated 19 Nov 12
88
Executive Committee of the Army Board endorsement on 23 Sep 15 for implementation on 1 Apr 16.
89
Each Headquarters Staff mess is to be formally recognised with an annual entitlement allocated according to the most senior officer
between OF5 (Colonel) and OF9 (4*).
90
Reserve units will exercise their allocation of OMFs at Annual Continuous Training (ACT), plus one other military location when they
are on duty. Outside of ACT, this should be category C1 training which is unpaid, however all other allowances are paid and they will be
subject to Service law
91
To include; RA, RAC, RE, R Signals, Inf & RAC, SASR, AAC, RLC, REME, AGC (RMP, SPS, ETS, ALS), AMS (RAMC, QARNC,
RAVC, RADC), Int Corps,RAPTC, CAMUS, BG.

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b. With effect from 1 Apr 19, the public subsidy to accompany a full serving military mess
member to up to half of their total allocated OMF92, is extended to one guest of their choice.
With permission of the CO or PMC, a guest may also attend the remaining OMF but will not
receive any public subsidy.

c. Embracing the Whole Force Concept, all full mess members are entitled to be
supported by an OMF. Mess guests93 do not attract public funding.

d. There is no allocation for OMF below unit level.

e. OMF may comprise of a combination of regimental dinner nights, seasonal functions

and lunches to achieve cohesion and reinforce regimental bonds. The detailed
arrangements are to be formalised by the unit with the local contract management staff to
allow Defence Infrastructure Organisation to cost their liability for these functions.

f. OMF are not transferable and where ever possible should be held at the recognised
mess facility of the Unit or HQ94.

g. Where an Army unit is located as a lodger unit on another Service/Command site, or

shares a mess facility with another unit, its entitlement to OMF remains.

Officers' messes
5.707. Membership. Every officer of the unit or headquarters is to be a member of their
respective mess.

5.708. Mess contributions and subscriptions. (Not applicable to the Household Division.)
Mess subscriptions are to be levied as follows:

a. Every officer is to pay a mess subscription monthly in arrears to defray the ordinary
running expenses of the mess of which they are a member, at a rate to be fixed by the CO
but not, in any circumstances, to exceed, in annual total, 10 days basic pay less the charges
for food and standard single accommodation, comprising subsistence charges (but see also
5.711). Subscriptions are to be paid according to the rank for which the officer is actually
drawing pay.

b. A member living out will pay one quarter of the subscription chargeable to a member
living in.

c. Once the levels of subscription have been decided by the CO concerned, they are to
be expressed as a daily rate for each rank.

d. A member of a mess, whether a dining or non-dining member, is required to pay a

subscription for every day of membership.

e. When visiting another unit’s mess on detached duty, subscriptions will be paid at the
home mess only. SP remain liable for any food and beverage charges under PAYD
arrangements and those minimal mess charges directly associated with their stay (eg
laundry charges for bedding not laundered at public expense). The COC should raise

92
Public funding supports one guest of regular SP to attend 4 OMF and one guest of reserve SP to attend 1 OMF pa.
93
Other forms of entertaining are detailed under Official Hospitality policy in JSP 462 Pt.1 Ch 15 & Pt.2 Annex 29 & 30 (Financial
management and charging policy).
94
Reserve units will exercise their allocation of OMF at ACT, plus one other military location when they are on duty. Outside of ACT, this
should be category C1 training which is unpaid, however all other allowances are paid and they will be subject to Service law.

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instances of excessive charges being made to APSG, Personnel Administration for

arbitration.

5.709. Reserved.

5.710. Absence. An officer absent from duty on account of sickness for over one month is,
after the first month, to pay only one quarter of the charges leviable under 5.708 and 5.711.

Headquarters' messes.
5.711. In the case of Headquarters' Messes authorized by the Army Board the president of the
Mess Committee or other appropriate authority may, to preserve the financial stability of the mess,
request each Regular officer on the Active List of that Regiment/Corps, whether a member of
another Mess or not, to contribute up to one day’s pay per annum. This contribution is not to be
requested from members of other Regiments/Corps who may be living in or make use of the
Headquarters’ Mess. The contribution, once agreed by the individual officer, will be deducted
monthly via salary with their Day’s Pay Scheme deduction at one twelfth of the annual rate per
month. For those officers who choose not to contribute to the Day’s Pay Scheme they may opt to
pay a Headquarters’ Mess contribution direct to their Headquarters’ Mess. When an officer moves
from one Regiment/Corps to another the contributions will be due to the officers former
Regiment/Corps until the month following the date of transfer as published. On receipt of the
monthly Days Pay Scheme and Headquarters’ Mess deductions the appropriate Regimental
Headquarters will determine the Headquarters’ Mess element and pass it to their Headquarters’
Mess.

5.712. Initial contributions. Officers on appointment to newly formed Regiment/Corps with

an Army Board authorized Headquarters’ Mess may be requested to contribute to the
Headquarters’ Mess at a rate not exceeding one days pay per annum, to be paid at a rate of one
twelfth of the annual sum per month.

5.713. Promotion. No officer is to be requested or required to make any payment towards a

Headquarters’ Mess when promoted, except when promoted to a newly formed Regiment/Corps
with an Army Board authorized Headquarters’ Mess. In these circumstances the officer can be
requested to contribute as detailed in 5.712.

5.714 - 5.715. Reserved.

5.716. Accumulation of mess funds. The CO is to prevent an undue accumulation of the

mess fund, ensuring that cash balances are kept as low as possible consistent with solvency.
They are to fix the rates of contribution and subscriptions, which are never to exceed the limits
prescribed above without the authority of the Army Board.

5.717. Reserved.

5.718. Mess entertainment. Expensive entertainments are not to be given without the
approval of a superior officer not below the rank of brigadier. Any member of the mess is to be
permitted to decline, in writing, to share the costs of the proposed entertainment and the CO is to
give their special countenance and protection to any such member. The cost of such
entertainments, including that of guests, is to be assessed on a rank basis.

5.719. Private entertainment. An officer entertaining private guests is to bear the whole
expense of their entertainment.

5.720. Subscriptions for entertainment. A general subscription, whether voluntary or

otherwise, for entertainments, including general charges for lunches at events such as race

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meetings, polo and cricket matches, is not to be made without the sanction of the formation
commander.

5.721. Mess bills. Every officer is to settle their mess bill including all authorized
subscriptions on or before the 7th of each month, and the president of the mess committee is to
report in writing to the CO any omission to do so.

5.722. Mess accounts. On the handover of command of a unit or independent sub unit in
which an officers' mess is maintained, the CO is to render to the formation commander a certificate
that the mess has no debts, or that a sufficient amount is in hand to meet them. A copy of this
certificate is to be given to the incoming CO, who is to report to the next superior commander
whether they are satisfied with the state of the funds. Should the outgoing CO be unable to furnish
this certificate they will explain the reasons which have necessitated the contracting of debts, so
that the GOC or brigade commander may decide whether they are to be taken over by their
successor.

5.723. Mess meetings. A mess meeting is to be held once a quarter. The votes of the
officers are to be taken on any proposition and the point is to be decided by the majority of votes,
provided that the CO concurs. The proceedings of any relevant audit board are to be laid before
this meeting.

5.724. Mess facilities for detachments. When a unit furnishes a detachment of not less
than one third of its strength, a proportion of the mess fund, plate and equipment may be assigned
for its use.

5.725. Bars. Bars are not to be established in ante rooms, or in any other part of a mess,
except when authority has been given by the GOC to facilitate Service and overcome shortage of
staff

5.726. Employment of NCOs. A sergeant may be appointed to assist the mess committee in
the running of the mess.

5.727 - 5.746. Reserved.

Sergeants' messes
5.747.

Membership.
a. Every WO and Senior NCO is to be a member of the sergeants' mess of their unit, and
a single member may be a dining member. Membership is optional for those holding the
local rank of sergeant.

b. WOs and Senior NCOs attached from other units are to be temporary members of the
sergeants' mess of the unit to which they are attached. Members of the AGC (RMP), AGC
(MPS) and INT CORPS may be exempted from such membership when on detached duty.

c. When on strength of a unit of their Corps, Conductors RLC are to be members of the
sergeants' mess. If attached to, or on the posted strength of, formation headquarters or
other units they are, subject to the approval of the CO, to become honorary members of the
mess.

d. Where membership of sergeants' mess is small, corporals may exceptionally be

admitted as members of that mess, at the discretion of the CO.

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e. Honorary membership of a sergeants' mess may be accorded, at the discretion of the

CO, to serving or temporary members of sergeants' messes of other units and to certain
selected civilians.

5.748. Supervision. A field officer or, in the case of a minor unit, a senior captain is to be
appointed by the CO and charged with the supervision of the sergeants' mess.

5.749. Discipline. The senior WO or NCO present in the mess is responsible for the
maintenance of good order and for the observance of the rules of the mess.

5.750. Mess contributions and subscriptions.

a. WOs and sergeants appointed to a newly formed corps may be required to pay an
initial contribution not exceeding three days basic pay less subsistence charges, i.e. charges
for food and standard single accommodation, of their rank to the sergeants' mess, but before
a corps may levy these subscriptions the special permission of the MOD is to be obtained.

b. If a WO or NCO is transferred otherwise than compulsorily, by exchange or by

promotion, to a newly formed corps, they may be required to make any contribution
authorized by the MOD payable under sub-para a.

c. Subscriptions may be charged on a daily basis, at a rate to be determined by the CO.

This rate shall be calculated so as not to exceed four days’ pay (less subsistence charges)
per year for dining members. The rate for non-dining members shall be half that of the rate
for dining members.

d. When visiting another unit’s mess on detached duty, subscriptions will be paid at the
home mess only. SP remain liable for any food and beverage charges under PAYD
arrangements and those minimal mess charges directly associated with their stay (eg
laundry charges for bedding not laundered at public expense). The CoC should raise
instances of excessive charges being made to APSG, Personnel Administration for
arbitration.

5.751. Mess entertainment. Entertainment is not to be held unless with the concurrence of
two thirds of those present at a general mess meeting and with the sanction of the CO.

5.752. Mess administration.

a. The management of the mess is to be conducted by a committee, the president of

which should not normally be below the rank of WO, class 2, with two sergeants (one to be a
non-dining member if possible) as members. A treasurer and a manager are to be appointed
at a mess meeting, subject to the approval of the CO. The committee is to have power to
authorize all ordinary expenditure, but exceptional outlay is not to be incurred without the
previous approval of a mess meeting and of the CO. Honorary members are not to take part
in the management of the mess.

b. No regimental sergeant major, regimental quartermaster sergeant, regimental

quartermaster sergeant (technical) or honorary member, is to be required to act as president
of the sergeants' mess committee.

c. The CO may, at their discretion, authorize the president to institute a system of credit
sales within set limits to members of the mess on a weekly or monthly basis. This method of
purchase is to run concurrently with the cash payment system.

5.753. The treasurer. They are to be appointed quarterly in a major unit, and is to be a
company quartermaster sergeant or colour sergeant or, in a minor unit only, a sergeant.

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5.754. The manager. They are to be a sergeant and exempt from other duties, except in
small units when it is not possible to make the Services of a full time manager available.

5.755. Duties. The respective duties of president, treasurer, manager and supervising officer
are at Annex L to this Chapter.

5.756. Alcohol. Beer or spirituous liquor is to be sold only within the mess and to mess
members, and during the hours appointed by the CO. The mess is to obtain all its wines, spirits,
beers and other supplies through firms or tradesmen approved by the CO.

5.757. Mess meetings. These are to be held monthly, or at regular intervals as directed by
the CO, and all members in station are to attend. The WO or NCO appointed by the CO as
president or, in the absence of such WO or NCO, the senior member present, excluding those not
required to act as president, is to preside. Minutes of the proceedings are to be recorded and
submitted for the approval of the CO.

5.758 - 5.768. Reserved.

Unit catering
5.769. COs. COs are responsible for the standard of catering in their units. The CO is to
nominate a food account holder and a supervising officer in accordance with the following:

a. WO/Staff Sergeant (SSgt). Where the senior regimental caterer is of WO or SSgt

rank they are to be nominated as the food account holder. The supervising officer is to be
the Food Services WO (FSWO).

b. Sergeant or below. Where the senior regimental caterer is of sergeant rank or below,
the FSWO is to be nominated as the food account holder. The supervising officer is to be
the Food Services Officer (FSO).

c. Regimental Messing Officer (RMO). In units where there is no FSO or FSWO cover,
a regimental officer is to be appointed as the RMO and ration account holder, who, prior to
taking up the appointment, should have attended a messing officers course; the tenure of the
appointment should be for a term of not less than six months.

5.770. Regimental Caterer (RC). The RC is responsible to the CO for all catering related
matters within the unit. This responsibility includes food supply, food production and storage, front
of house service and, in the case of the regimental caterer being of WO or SSgt rank, ration
accounting for all messes. The RC is to operate the unit contract monitoring system, ensuring that
catering standards are maintained and that the contractor meets the contract specifications and
conditions.

5.771. FSO. It is the responsibility of the FSO to provide advice on all catering matters to unit
commanders. Other responsibilities of the FSO are defined as follows:

a. Carries out the duties of the contract authorizing officer in contracted units.

b. To supervise the catering function within the unit and the provision of management
information to COs on all catering matters.

c. Monitors the standard and procedures of all catering contracts and is the authorizing
officer of such contracts.

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d. Prepares units' catering resources data in support of the units’ operational evaluation
report.

e. Ensures that the provisions of the Food Safety Act 1990 are complied with at unit level.

f. Implements Director Defence Catering Group policy and ensures adherence to Joint
Service Catering Regulations.

5.772. FSWO. The FSWO at the appropriate formation headquarters provides functional and
technical support to the regimental caterer. Key areas are technical management, information
technology support, application of legislative requirements, kitchen design and equipment,
accounts management, catering contract monitoring and the application of quality and hazard
analyses control systems for all food production, storage and Service procedures.

5.773. Regimental duty officer. A regimental duty officer is to visit the unit catering
organization daily during all meals. A record of the comments is to be kept in the daily catering
record for scrutiny by the FSO or RMO.

5.774. JR committee. A representative JRs committee should meet at regular intervals as

determined by the CO to discuss or offer suggestions for improvements to the unit's catering. The
FSO, where applicable, is to be in attendance. The minutes of these meetings are to be approved
by the CO and copies distributed for general information to all concerned.

5.775 - 5.790. Reserved.

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PART 19 – ANIMALS, PUBLIC AND PRIVATE

Service animals
J5.791. COs of units having animals on charge are to ensure that JSP 95095, Vol 12 is adhered
to.

Domestic animals and livestock

J5.792.

a. COs are to issue standing orders to ensure that livestock and domestic animals which
are kept within stations, establishments, barracks or married quarters are properly
maintained and controlled so that they are neither a nuisance nor a hazard to health, and do
not bring the Service into disrepute. These orders must be compatible with such local
bylaws and regulations issued by the civil authorities as may be in force and articulate that
prior permission by the appropriate authority will be required and any conditions attached to
permits issued on its authority. All owners must be in possession of valid insurance (to cover
any damage to MOD property, accidents to people or biting); the insurance certificate is to be
produced with the initial application and then annually.

b. When an entire unit or establishment moves, COs are to ensure that all local rules and
regulations covering the movement of animals from one country to another or from one part
of a country to another are readily available and are brought to the notice of SP and their
families, particularly during times of epidemic.

c. Owners of animals are individually responsible whenever they move for informing
themselves of current laws, rules and regulations whether in the United Kingdom or abroad
concerning the import or export of animals.

d. SP moved from one area to another who do not wish or are unable to take their
domestic animals with them are to make suitable arrangements either for rehoming or their
transfer to a registered charitable organisation. Healthy pets are only to be euthanised as a
last resort and will be done at the expense of the SP. In no circumstances are dogs or other
domestic animals to be abandoned. (Animal Welfare Act 2006).

e. COs are to arrange with the RSPCA or other registered charitable organisation for the
transfer of any stray animals found on their stations, establishments, barracks or married
quarters.

f. Privately owned pets/animals are not permitted to travel in MOD transport.

5.793 - 5.800. Reserved.

95
Medical policy

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PART 20 - PRIVATE PROPERTY

Found property
J5.801.

a. Any article found in a unit or an establishment which the finder is unable to return direct
to the owner is to be handed over to the appropriate Service authorities. Any claimant to the
property will be required to supply evidence of ownership and may be called upon to pay any
identifiable costs incurred.

b. Property, not being public property, which is unclaimed after being held for three
months, is to be disposed of, if necessary by sale, at the discretion of the CO.

c. Where the property is money or is sold for cash, the amount is to be credited to public
funds. A proportion of the money may be paid as a reward to the finder, or, alternatively,
paid to a local charity or benevolent fund.

Effects of deceased SP
5.802. See JSP 751, Chapter 5.

SP in imprisonment or detention
5.803.

a. When a SP is sentenced to imprisonment, or detention on the expiration of which they

will not rejoin their unit they are to be informed as soon as possible that the Service cannot
accept responsibility for safe custody of any private property once they have left their unit but
they are to be offered facilities to arrange safe custody or disposal including the use of the
Movements Forwarding Office (MFO) at their own expense. Should they decline or fail to
make private arrangements before leaving their unit, any articles remaining are to be listed
and forwarded, either to the prison or MCTC authorities or to the next of kin. A receipt must
be obtained for any articles disposed of in this manner. If none of these will accept them, the
matter is to be referred to APSG for a decision.

b. Whenever a SP is sentenced to a period of detention, it is their unit’s responsibility to

hold their private property (less small items of a personal nature which they may retain) until
their return. The procedure to be followed is detailed in JSP 83796.

5.804. These instructions may not apply to deserters and SP convicted of an offence which by
the law of England and Wales is an arrestable offence, whose property will be dealt with in
accordance with the Regimental Debts Act 1893 and the warrant and regulations relating thereto.

5.805. Except where specifically required to do so in these or other regulations an officer or

warrant officer cannot be called upon, by virtue of their employment, to undertake the custody of
private money; should they do so it is to be on a voluntary basis and they are then to be personally
responsible for the safe custody to the SP to whom the money belongs.

Operational tours
5.806. When single SP residing in public accommodation are assigned on operations their
personal effects may be stored at public expense up to a maximum of 6CuM. Storage must initially

96
Service code of practice for the management of SP in Service custody and committal to Service custody premises and civil prisons.

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be sought within unit storage prior to application for storage at public expense. Written confirmation
from the CO of lack of unit storage must be provided when booking storage at public expense.

5.807 - 5.810. Reserved.

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PART 21 – CAPTURED PERSONS (CPERs)

The handling of CPERs taken captive by UK Forces

J5.811. See Joint Doctrine Publication 1-10 Captured Persons (CPERs) Third Edition

Conduct After Capture (CAC) by the Enemy

J5.812.

a. See United Kingdom CAC Policy dated 24 May 1197.

b. CAC is to be delivered as part of Survive Evade Resist Extract (SERE) training and all
SP are required to observe the Level A DVD as part of annual MATT 8 training. Other levels
of SERE training will be delivered to those SP on role and operational requirements as
required.

c. (Army only). See also para 2.019 regarding powers of command after capture.

5.813 - 5.830. Reserved.

97
No link available as this is a SECRET document.

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PART 22 – FLYING, PARACHUTING, AIRCRAFT ACCIDENTS AND SALVAGE

J5.831. See Military Aviation Authority MAA Regulatory Publications (MRP).

Salvage Sponsor: DJEP CLCP

J5.832. The following rules have been framed to indicate the extent to which assistance should
be given by any ship or aircraft belonging to the Armed Forces of the Crown to vessels or aircraft in
distress and the conditions under which claims for salvage services may be made:

a. Assistance should be rendered to a ship or an aircraft endangered at sea, in tidal

waters, or on the shores thereof, on occasions where it is within the reasonable power of any
ship or aircraft belonging to the Armed Forces of the Crown, or any shore based personnel.

b. Salvage services are voluntary services which save, or help to save a ship, an aircraft,
its apparel, cargo or bunkers and stores when in danger, either at sea or in tidal waters or on
the shores thereof. The danger does not necessarily have to be imminent: it suffices if, at
the time the services are rendered, the ship or aircraft has encountered any danger or
misfortune which might expose it to injury or destruction were the services not rendered.

(1) The Civil Aviation Act 1982 has applied the law relating to wreck and salvage of
life or property to aircraft on or over the sea or tidal waters as it applies to vessels. The
instructions in this paragraph apply to the salvage of, or assistance to, aircraft and
hovercraft, and to salvage services and assistance by aircraft or hovercraft.

(2) Under section 8(2) of the Crown Proceedings Act 1947, the Crown is entitled to
claim salvage in respect of services rendered by any ship or aircraft belonging to the
Crown.

(3) So that the presentation of salvage claims may be considered, a full report of the
circumstances is to be submitted whenever Service personnel or ships or aircraft
belonging to the Crown perform a service entitling them to salvage money. When the
services are complete the report is to be made without delay to the Treasury Solicitor
and sent by the quickest means. A copy is to be sent to the Administrative Authority or
appropriate senior officer. They are to send it to the Chief Claims Officer, (DJEP
CLCP), with their comments. Each vessel involved is to send a separate report.

(4) Service personnel engaged in salvage operations may make a claim for salvage,
but only with the written sanction of the Ministry of Defence. No claim will be
sanctioned for salvage or recovery of Crown property by any member of Her Majesty's
Forces. In this context Her Majesty's Forces includes civilians employed by the
Department.

(5) The Ministry of Defence has the right to put forward a claim in respect of salvage
performed by ships or aircraft belonging to the Crown in its name alone and to withhold
permission for personnel to claim separately. When this right is exercised the Ministry
of Defence will consider granting personnel a share of any award received.

(6) The Treasury Solicitor acts for the Ministry of Defence in the presentation of
salvage claims on the Ministry's behalf and is also prepared to accept instructions from
ship's agents in order to represent the interest of the salvaging crew(s).

(7) The Treasury Solicitor is also prepared to act for personnel of ships which do not
have a ship's agent, such as RMAS vessels or ships hired by the Ministry of Defence
on demise charter, and for personnel attached to shore establishments. Before they
can act for these personnel they require a letter of retainer on Form S. 1522 signed by
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the commanding officer or other officer. It is to be sent to the Treasury Solicitor with
the full written report. Their services will be given only on the terms that they may
enforce, compromise or withdraw the claim as they, in their absolute discretion, may
think advisable and without prior consultation with the personnel.

(8) When a lump sum is recovered for the joint claims of the Ministry of Defence and
of personnel represented by the Treasury Solicitor, the apportionment of that sum
between the respective claimants or groups of claimants by the Ministry of Defence
and the Treasury Solicitor will be accepted without question. A nominal roll, giving
particulars of those on whose behalf a claim is to be made, is to be provided in
duplicate and reference is to be made to those who perform special services. This list
is required in addition to the one forwarded with the full written report.

(9) In any case where the owner of the salvaged vessel or aircraft does not want to
take possession of it, reference should be made to the Ministry of Defence before
action is taken to dispose of it, even if such disposal action has been suggested by the
owner.

5.833 - 5.860. Reserved.

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PART 23 - METEOROLOGICAL SERVICES

General
5.861. Meteorological Services are supplied by the Warfare Hydrography and Meteorology
(HM) specialists for the Royal Navy and by the Meteorological Office for the Army and Royal Air
Force. These Services include:

a. The preparation, collection and distribution of weather reports, forecasts and warnings.

b. The supply of information and advice by meteorological officers.

c. The provision of technical advice on the preparation of meteorological publications and

training syllabi.

Duties and responsibilities of meteorological officers

5.862. Further details can be found in JSP 46598 Part 2 Volume 3. In Summary:

a. It is the duty of the meteorological staff to describe the weather - past, present and
future - and offer advice on the potential impact of the weather on the performance of
sensors, platforms and weapons systems promptly and as accurately as possible. However,
the responsibility for deciding its significance in relation to the planned operations and the
safety of materiel and SP rests solely with the CO.

b. The responsibility of the meteorological officer does not end with the issue of routine
forecasts, warnings and forecasts on request. They are to keep weather reports, and other
information received, under constant review in relation to the programme of operations,
exercises or training, and is to take prompt action to pass relevant information and advice to
the appropriate authority.

c. A meteorological officer forecasting for a particular operation is to frame the forecast

with relevance to that operation.

d. To enable a meteorological officer to carry out these duties efficiently, the CO is to

ensure that the meteorological officer is given adequate warning of the operations scheduled
to take place, the progress of these operations, and of the factors involved. In particular
meteorological officers acting as advisers to CinCs, or to other senior officers, should be
afforded facilities to acquaint themselves with factors involved in operational planning.

Warnings of adverse weather conditions

5.863. The meteorological officer will be responsible for issuing or passing on to the CO (or
officers designated by the CO) warnings of weather conditions which may affect the safety of
materiel or SP.

Bidding for prioritised provision of meteorological Services

5.864. See JSP 465.

5.865 - 5.999. Reserved.

98 Spatial data policy for UK defence.

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ANNEX A(J) TO CHAPTER 5, PART 1

EDUCATION (PARA 5.020 REFERS)99

Responsibilities

1.

a. Responsibility for the education of members of the Armed Forces rests with
commanders of all formations and units at their respective levels of command.

b. Responsibility for the provision of educational services, within the framework of

policy laid down by the Defence Council, rests with the Services' Directors of
Education.

c. The Services' Directors of Education are responsible to their respective Principal

Personnel Officers in the common main areas outlined in para 2 below: they have
further responsibilities on a single Service basis as detailed elsewhere in these
regulations.

Executive Authority

2. The executive authority and financial arrangements for the conduct, organisation and
administration of education of Her Majesty's forces are contained in:

• Royal Navy Education and Resettlement Handbook (BR 1797).

• Army Manual of Army Education (AC 60178)
• JSP 822
• Defence Instructions and Notices (DINs).
• Royal Air Force Training, Support and Education in the Royal Air Force (AP
3379).

Educational Services

3.

a. Facilities are to be provided to assist members of Her Majesty's Forces in the

study of educational subjects related to Service requirements.

b. Facilities are to be provided to assist SP, and entitled civilians overseas, to

pursue individual education, cultural and leisure activities.

c. Service and civilian educational examinations are to be organised and

administered under arrangements made by the Services' Directors of Education, acting
where appropriate in conjunction with civilian examining bodies.

d. Service libraries are to be established to provide a range of books and

information in support of operations, educational, training, personal development and
recreation for members of Her Majesty's forces and entitled civilians.

e. A Resettlement Service exists to aid personnel leaving the Service and entering
civilian employment. Services' Directors of Education are responsible for the provision

99
This Annex and associated Para are currently under review.

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of resettlement information and advice to SP within single Services in accordance with

tri-Service resettlement policy. The Directorate of Training , Education, Skills and
Resettlement (TESR), through the Career Transition Partnership (CTP), arranges
collective resettlement briefings and pre-release training. Assistance in job finding is
provided by the CTP, Government Employment Services, the Services Employment
Network, the Officers' Association and the Regular Forces Employment Association.

Service Children's Education (SCE)

4.

a. Responsibility for determination of policy on the education of Service children

and the children of UK based civilians serving overseas lies with the Secretary of State
for Defence. Within the Department, the Principal Personnel Officers (PPOs) advise
on this responsibility, with the assistance of the Chief Executive for the SCE Agency.

b. The Secretary of State for Defence has ultimate authority for determining the
policy and resources framework within which SCE operates. In practice, they delegate
their ownership responsibilities to the Adjutant General (AG), who is the lead PPO on
SCE issues and the “owner” of the Agency. The AG is responsible for SCE policy
within the parameters set by the Secretary of State. They are accountable to the
Secretary of State for the exercise of the SCE ownership functions delegated to them.
They are also responsible for providing advice and support to the Chief Executive to
ensure that the Agency achieves its Aims and Objectives. Their responsibilities
include approval of the SCE Corporate Plan and the Agency’s budget, setting and
revising key performance targets and monitoring and assessing the Agency’s
performance. They are assisted in this task by an Owner’s Board.

c. The SCE Owner’s Board provides AG, acting on behalf of the Secretary of State
for Defence, with independent advice on the policies, programmes and performance of
the Agency. It also provides a forum in which the views of the “customer” can be
articulated directly to the Owner. It meets at least twice a year.

d. The role of SCE is to provide an educational service to meet the needs of

dependant Service children, including the children of MOD UK based civilians and
sponsored organisations serving outside the UK which, as far as possible, conforms in
type, scope and standard to that required by the Education Acts in England and Wales
(and takes into account developments in the education systems of Scotland and
Northern Ireland). The Agency also provides support, guidance and advice on
independent and maintained schooling facilities in the UK. Additionally, the Agency
will make provision for Gurkha children’s education overseas as necessary.

e. Policy and guidance for the education of Service children is contained

JSP 342100(Revised 2000) Educational Accommodation and Supplies.

Language Training Criteria

6. Members of the Services will be trained in foreign languages at public expense only if
they are selected for an employment where the use of specific languages is essential.
However, COs should encourage personnel to acquire and maintain language skills
whenever possible. The Operational and Basic Language Award Schemes (JSP 752101

100
Education of Service children and young people
101
Tri-Service regulations for expenses and allowances

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Chap 9 Sect 13) exist to encourage the development of language capability and its recording
on JPA.

Standards

7. Military language standards are in accordance with NATO STANAG 6001 Ed 4, which
describes competence at six levels. Detailed competence is specified in a Standardized
Language Profile (SLP) identifying the skill level in listening, speaking, reading and writing
(eg SLP 3321).

a. Level 0 – Negligible skills; this includes short basic courses usually undertaken
as pre deployment training.

b. Level 1 – Survival; sufficient skills to control activity in specific military scenarios.

c. Level 2 – Functional; ability to communicate well in most non-complex situations.

This level provides a highly desirable contingent capability and foundation for higher
level language training.

d. Level 3 – Professional; able to communicate accurately and quickly, including

conceptual and argumentative discourse. This level is highly desirable.

e. Level 4 – Expert; a high-utility level achieved through frequent and stretching use
of language.

e. Level 5 – Native: the most able speaker, likely to be a graduate and sufficiently
able to train as a professional civilian translator or interpreter.

Civilian academic language qualifications should be recorded on JPA as educational

achievements as they do not reflect required applied military contextual skills.

8. Interpreter and Linguist qualifications issued prior to Nov 1992 by the Civil Service
Commission (CSC) and the Armed Services' Languages Examinations Consortium (ASLEC)
are held to be equivalent to the current Diploma and Advanced Certificates (Joint Services
Language Examinations Board (JSLEB) and MODLEB) respectively, for all Service
purposes.

Selections and Examinations

9. Higher level language training requires time and effort; candidates for training,
especially ab initio, must have high levels of aptitude and motivation if training is to be
successful. Candidates should take the Modern Languages Aptitude Test (MLAT) at an
Army Education Centre and should be interviewed by an AGC(ETS) linguist to assess the
candidate’s suitability for such training. This screening should take place prior to candidates
being selected for either language training or language-essential assignments.

10. The methods of application and selection for language training, and details of
language awards and qualifications required, are published in AGAI 21102 and DINs.

11. Military language examinations are arranged through the Defence Operational
Languages Support Unit (DOLSU) as the Secretariat of the MOD Languages Examination
Board (MODLEB), which is accredited by the University of Westminster. Illustrative papers

102
Language training

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and supporting documents, along with other relevant guidance, are published on the
Defence Language and Cultural Capability Management Board (DLCCMB) intranet website.

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ANNEX B TO CHAPTER 5, PART 2

CERTIFICATE OF ACCEPTANCE OF A BUSINESS APPOINTMENT

(PARA 5.083 REFERS)
1. Having received official permission to accept the business appointment of: ______________

with (name and address of firm): ___________________________________________________

During the period of my Service with Her Majesty’s Forces, I hereby undertake that I will not:

a. allow the acceptance of such a business appointment to interfere in any way with my
military duties;

b. take part, or attempt to influence the placing of any Government order with the firm;

c. deal with or advise upon any tender that the firm may be invited to offer to any
Government Department;

d. make use, for the benefit of my own business interests or those of the firm, of any
information which has or may come to my knowledge in military capacity; and

e. contact any member of the Services or their dependants in the course of my business
as designated above.

2. I understand that no special leave of absence will be granted and that approval to accept the
appointment will not debar any requirement of Service at home or abroad.

Station: ______________________ Number, Rank and Name: __________________________

Date: ________________________ Signed: _________________________________________

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ANNEX C(J) TO CHAPTER 5, PART 2

GUIDANCE TO COs CONSIDERING REQUESTS FROM SP WHO ARE

SEEKING AN APPOINTMENT OR EMPLOYMENT COVERED BY THE
BUSINESS APPOINTMENT RULES AFTER LEAVING THE SERVICES
(PARA J5.086 REFERS)

1. Defence Business Services (DBS) Civilian HR advise and administer the business
appointments application policy and process on behalf of the Services. Before accepting any
new appointment or employment (including unpaid appointments in the voluntary/charity
sectors) whether in the UK or overseas, after leaving the Services all serving/former military
officers (including WOs) must consider whether an application is required under the
business appointment rules. If it is, they must not accept a new paid or unpaid job offer
before their application has been approved. This policy applies for two years after their last
day of paid service including the terminal leave period.

2. An application must be submitted under the business appointment rules if the

serving/former military officer is at or above the rank of Major General, Rear Admiral, or Air
Vice Marshal. All serving/former military officers at or below the rank of Brigadier,
Commodore or Air Commodore must submit an application if their circumstances match one
or more of the following criteria:

a. Have been involved in developing policy affecting the prospective

employer, or have had access to unannounced Government policy or other
privileged information affecting the prospective employer at any time in their last
two years in the Services;

b. Have been responsible for regulatory or any other decisions affecting their
prospective employer, at any time in their last two years of Service;

c. Have had any official dealings with their prospective employer at any time
in the last two years of Service in the Armed Forces;

d. Have had official dealings of a continued or repeated nature with their

prospective employer at any time during their Service career;

e. Have had access to commercially sensitive information of competitors of

their prospective employer in the course of their official duties;

f. The proposed appointment or employment would involve them making

representations to, or lobbying the Government on behalf of their new employer;

g. The proposed appointment or employment is consultancy work, either

self-employed or as a member of a firm, and they have had official dealings with
outside bodies or organisations in their last two years of Service that are
involved in the proposed area of consultancy work

3. Applications may be approved unconditionally, or approved subject to conditions which

may apply up to a maximum of two years from the last day of paid Service (which includes
the Terminal Leave period). Such conditions may include:

a. a waiting period before taking up the appointment or employment and/or;

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b. a behavioural condition that for a specified period the former military officer
(including WO) should stand aside from involvement in certain activities, for example,
commercial dealings with the MOD, or involvement in particular areas of the new
employer’s business.

4. A default lobbying ban of 12 months will be imposed on all applications. This may be
reduced or extended up to 2 years. Lobbying in this context mean that the former military
officer (including WO) should not engage in communications with Government (including
Ministers, special advisors and officials) with a view to influencing a Government decision or
policy in relation to their interests or the organisation by which they are employed or to whom
they are contracted.

5. Any condition, including a waiting period, imposed on the proposed appointment will
run from the last day of paid Service, i.e. at the end of terminal leave (if granted).

6. Further advice can be sought from Defence Business Services (DBS) Civilian HR by
calling the People Service Centre on 93345 7772 (Mil) or 0800 345 772 (STD) and if
overseas +44 1225 829572 or by using the Contact Us link on the People Service Channel
(Contact/Email). Applications should be made on HR Form 038 which can be obtained from
DBS. It is essential that no appointments are accepted until formal approval has been
obtained from the MoD. (When completed, HR Form 038 should be sent to DBS)

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ANNEX D TO CHAPTER 5, PART 3

A GUIDE TO SUBJECTS TO BE INCLUDED IN ROUTINE STANDING

ORDERS AND MESS RULES,
(Paras 5.122, 5.701 and 5.706 Refer)

Routine Standing Orders

1. Duties of field officer, orderly officer, orderly NCO, guard commander and guards, fire
picquet, and others as may be necessary.

2. Acquaintance with orders, duties, and rules; and procedure for or bars to exchange of
duty.

3. Security orders to cover the counter terrorist response levels safeguarding of

information, stores, equipment, vehicles and installations, out of bounds in NI

4. Control of firearms and ammunition.

5. Custody of keys at all hours during on and off duty periods.

6. Manning minima to be maintained.

7. Prohibitions concerning areas, buildings, and smoking.

8. Fitness for duty.

9. Turnout.

10. Observance of regimental custom.

11. Safety measures to be observed for marching troops, local swimming, climbing and
other such activities. Medical facilities during training and range practice.

12. Discipline.

13. Welfare.

14. Finance.

15. Information Technology.

16. Prohibition of gambling and of borrowing.

17. Responsibility for accuracy of documents and correspondence.

18. Responsibility for maintenance and amendment of official manuals and publications.

19. Interviews, channels of communication, and redress of grievances.

20. Courtesy, especially towards civil authorities and dignitaries.

21. Medical.

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22. Personal appearance.

23. Governance.

24. Safeguarding of medals.

25. Participation in civilian activities, including political, fund raising and tutorial.

26. Domestic animals and livestock.

27. Care of barracks and accommodation.

28. Unauthorized alteration to uniform, stores, equipment, vehicles or barrack

accommodation.

29 Substance misuse.

30. Reserved.

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ANNEX E(J) TO CHAPTER 5, PART 4

FIREARMS ACT 1968

(PARA J5.151 REFERS)

Firearms and Ammunition for Private Use

1. It is unlawful under the Firearms Act 1968 for any person in Great Britain, including a
member of the Armed Forces, unless they hold a valid firearm certificate or shot gun
certificate (obtainable from the police), to purchase, acquire or have in their possession for
private purposes any firearm, ammunition or shot gun other than certain air guns, air rifles or
air pistols and certain cartridges and ammunition. A person in naval, military or air Service, if
required to purchase a firearm or ammunition for their own use in their capacity as a member
of such Service, is entitled to a firearm certificate without fee. They must, however, satisfy
the police that they are required to make the purchase and for this purpose they should
produce a certificate from their CO to that effect.

Rifle clubs
2. The responsible officer of an approved rifle or miniature rifle club or cadet corps may
obtain a firearm certificate without fee in respect of firearms and ammunition used solely for
practice or drill. Members of such clubs do not need a certificate when engaged in drill or
target practice.

General
3. The Firearms Act 1968 applies in Great Britain; broadly similar provisions apply in
Northern Ireland103. The nearest chief officer of police should be consulted on any point of
doubt affecting the requirements of the Act in respect of private firearms and ammunition:
similarly overseas, private firearms and ammunition may be held only if authorised by the
civil police there.

103
Special provisions for the control of the importation and possession of firearms with respect to Northern Ireland are
contained in the Firearms (Northern Ireland) Order of 1981 and instructions covering the application of that order to all Army
SP serving or residing in Northern Ireland are contained in AGAI 8 (Security).

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ANNEX F TO CHAPTER 5
RESERVED

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ANNEX G TO CHAPTER 5
RESERVED

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ANNEX H TO CHAPTER 5, PART 13

ENTRIES INTO DISCIPLINE RECORDS

(PARAS 5.548, 5.549 AND 5.551 REFER)

Personal discipline records

1. The following rules are to be observed in making entries in personal discipline records,
on the occasions listed.

2. Every conviction by CM is to be entered whether the sentence is wholly reduced or

not. No entry is to be made where a finding of not guilty has been recorded. In particular:

a. The details of all the offences of which the accused has been found guilty are to
be set out in full as they appeared in the charge sheet.

b. Details of sentence?

c. When the finding of the CM has been quashed and it is directed that the accused
shall be relieved of all consequences of their trial, the entry relating to the particular
charge is to be totally erased and the order authorizing the erasure is to be quoted as
not to indicate the contents of the original entry.

d. Where a SP at a summary hearing has elected trial by CM, or a sentence is

confirmed or amended by the SAC, the sentence will be entered on JPA as if it has
been given at summary hearing.

3. Every case of desertion in which trial has been dispensed with is to be entered giving
the authority and the date of the order.

4. Cases dealt with by the Civil Power.

a. This paragraph covers cases dealt with by a court other than a CM when the SP
is subject to Service law, whether they are in a state of absence or not.

b. Entries in the personal discipline record are not to be made in the following
cases:

(1) Where the SP is acquitted or their conviction is quashed on appeal.

(2) Where the SP is discharged absolutely or conditionally.

(3) Where the case is dismissed, whether or not costs are awarded against the
SP.

(4) Where the SP is bound over.

(5) Where the offence was committed before enlistment.

c. Subject to b above, convictions by a court other than a CM are to be recorded in

the discipline record as ordered by the CO as a Discipline Entry in accordance with
AGAI 67. where in the opinion of the CO the offence is of a serious nature having
regard to the considerations set out in para 6.178b(2).

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d. In all cases dealt with by a court other than a CM see AGAI 67 for follow on
action.

5. All summary awards are to be entered onto the SP’s personal discipline record on JPA
in accordance with the relevant BAG.

6. Every conviction under section 76 of the Reserve Forces Act 1980 of a person enrolled
in the Army Reserve is to be entered.

7. Suspended sentences are recorded as normal with an additional note 'Suspended'.

When a suspended sentence is activated it does not require a new entry. The original entry
should be annotated with 'Activated in full/in part for X days in detention. Dated….'

8. Forfeiture of pay in accordance with the provisions of s342(1)(a), AFA 06, is not to be
entered onto the personal discipline record.

9. Reserved.

10. Vague entries, such as ‘improper conduct' are to be avoided and all entries are to be
inserted in complete form as shown on the charge sheet.

11. The following abbreviations are to be used:

Restriction of Privileges Order RoP Imprisonment Impt

Detention Detn Service Supervision and SSPO
Punishment Order
Stoppage of Leave Order SoL Service Compensation Order SCO

12. Any special act of gallantry or distinguished conduct (including an act of courage) by
the SP, which has been brought to notice in brigade or superior orders or in despatches, is
to be entered, as are any cases of assistance by blood transfusion, where donation of blood
involves a special act of gallantry or distinguished conduct. These entries are to be made in
red ink across the sheet. The wording of the superior order, and the number and the date of
the order, is to be recorded.

13. Every case of skin grafting or vaccination with experimental vaccine in which the SP,
under the supervision of the regulated medical authority, acts as a donor of blood in
connection with transfusion of blood, as referred to in para 12 above only, or as a donor of
blood for purposes of anti-measles serum, or volunteers for and undergoes an operation for
skin grafting, or voluntarily undergoes vaccination with an experimental vaccine is also to be
recorded. The entries in these cases are to be made in red ink right across the sheet.

14. Any entry made on the personal discipline record for an offence and punishment that
comes within the Rehabilitation of Offenders Act 1974 is to be annotated as SPENT on
the due date that it becomes SPENT. For guidance on the Rehabilitation of Offenders Act
(see 2014DIN01-216).

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ANNEX I(J) TO CHAPTER 5, PART 14

ELECTORAL REGISTRATION OF MEMBERS OF THE ARMED FORCES

AND THEIR SPOUSES
(Para J5.588 Refers)

1. MOD policy is to encourage SP, their spouses or civil partners to register so that they
can vote in all relevant elections. Registration is however a personal matter; SP are free to
decide where and how they register to vote.

2. The MOD works closely with the Electoral Commission and aims to ensure that all SP
are aware of the importance of registering to vote. A DIN is published annually in support of
the MOD’s annual electoral registration campaign which lists the planned elections for the
forthcoming year and provides more detailed guidance on registering to vote. SP are
advised to read this annual DIN in conjunction with this chapter.

Electoral registration options

3. Register as an ordinary voter.

a. Registration address. If SP are living at an address in the UK, either in private

accommodation SFA/SLA, they can choose to register as an ordinary voter. This
option may be suitable if SP are based in the UK and are unlikely to change address
or be posted overseas in the next year.

b. Keeping your registration up to date. Once a person is registered as an

ordinary voter they stay registered unless the ERO has reason to believe they are no
longer eligible. Household Enquiry Forms (HEFs) will be sent to every household each
year asking for confirmation that the persons listed are still resident but unlike the old
household canvass forms, HEFs cannot be used to register; they are simply to capture
the names of new electors. A fresh application would need to be made following a
house move.

c. Register to vote online. To register online as an ordinary voter, SP should visit

www.gov.uk/register to vote and note the following:

(1) National Insurance (NI) number will be required for the online application
process.

(2) Do not click on the ‘Armed Forces’ link towards the bottom of the page as
to do so would mean applying to register as a Service voter.

(3) The opportunity will be provided to indicate to vote in person, by post or by

proxy. Applying for a postal or proxy vote will involve completing and signing a
separate offline application form. If a postal vote is chosen and an email address
is provided as part of the registration, a postal vote application form will be
emailed. This will need to be printed, completed, and returned. If an email
address is not provided, or if the SP wishes to vote by proxy, a form will be sent
to the correspondence address. If SP are in a location where it is unlikely
that they will be able to receive and return a postal ballot paper in time for
it to be counted, they are advised to appoint a proxy.

(4) If a SP chooses to vote by proxy, once they are individually registered the
proxy will also need to be individually registered and eligible to vote in the poll.

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d. Register to vote offline. If SP are unable or do not wish to register to vote

online they can continue to use a paper registration form. Paper registration forms are
available from local Electoral Registration Offices104 or you can download a form from
www.gov.uk/register to vote.

4. Register to vote in Northern Ireland. SP wishing to register as an ordinary voter in

Northern Ireland can only do so by using a paper registration form. Registration forms can
be downloaded from: www.eoni.org.uk/register to vote for Northern Ireland.

5. Register as a Service voter.

a. Registration address. This option is available to all SP and their spouses or

civil partners. If they choose to register as a Service voter they are able to register at a
fixed address in the UK even if they move around or are based abroad. If they are
serving in the UK they can register at the address they are living at, which includes
SFA/SLA. Alternatively, if a SP can establish residency at more than one address in
the UK, for example if they are living in SFA/SLA in one area but the main family home
is in another area, they could give the address of the main family home on the
registration form. If the SP is serving overseas they can register at an address where
they would have been living in the UK were it not for their Service obligations. This
might be an address where they live when the unit is in the UK, where they have
previously lived, where they own/rent a property but do not currently live in it, or have a
family connection. This does not have to be the most recent previous SFA/SLA
address. This option is particularly suitable if SP are posted overseas or likely to
be posted in the near future.

b. This option is also available to MOD civil servants currently based overseas and
their spouse or civil partner, if accompanying them.

c. In Scotland, dependents from the age of 14 until their 18th birthday if their parent
or guardian is a member of the Armed Forces or an MOD Civil Servant overseas and
they are living with them in Scotland, or would be if their parent or guardian were not
based overseas. Their eligibility to register as a Service voter ends at 18 and they will
need to make a fresh registration based on their circumstances at the times.

6. Keeping your registration up to date. If SP register as a Service voter they will only
have to re-register every 5 years but must inform the local ERO if the address to which
voting/ballot papers are sent to has changed. In Scotland, were a dependent aged 14-17 is
registered as a Service voter, their registration must be renewed each year and will end
when they reach 18 years old.

7. Register to vote online. To register online as a Service voter, personnel should visit
www.gov.uk/register to vote armed forces (for SP) or www.gov.uk/register to vote crown
servants British council employees(for MOD civil servants) and complete the online
application. You should note the following about the online registration process:

a. NI number will be required for the online application process.

b. As part of the online application SP will be asked to enter their UK address and
this is the address at which they will be registered to vote.

104
See www.yourvotematters.co.uk for contact details for Electoral Registration Offices.

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c. A little later on in the process SP will be asked “Where should we write to you
about your registration?” and this is your opportunity, if appropriate, to select another
address that can be used for correspondence. SP may wish to enter a different
address here if, for example, they are serving overseas and they want correspondence
to go to their overseas address rather than the address in the UK where they are
registered.

d. SP will be given the opportunity to indicate whether they wish to vote in person,
by post or by proxy. Applying for a postal or proxy vote will involve completing and
signing a separate offline application form. If SP choose to apply for a postal vote and
have provided an email address as part of their registration, they will be emailed a
postal vote application form. They will then need to print, complete, and return the
form. If an email address is not provided, or if they wish to vote by proxy, a form will
be sent to the correspondence address. If SP are in a location where it is unlikely
that they will be able to receive and return a postal ballot paper in time for it to
be counted, they are advised to appoint a proxy.

e. If SP choose to vote by proxy once they are registered, their proxy will also need
to be registered and eligible to vote in the poll.

8. Register to vote offline. If SP are unable or do not wish to register to vote online
they can continue to use a paper registration form. Forms to register as a Service voter are
available to download from the internet105.

9. Register to vote in Northern Ireland. SP wishing to register as a Service voter in

Northern Ireland can only do so by using a paper registration form.

10. Register as an overseas voter. If SP are posted overseas they can register as an
overseas voter. This option is available to all British citizens who live abroad but have been
registered as electors in Britain within the last 15 years. Overseas electors are not eligible
to vote in any local government elections.

11. Keeping registration up to date. If SP are registered as an overseas voter they

should receive an annual renewal notification from the Electoral Registration Office in the
area where they are registered to vote, usually 9 to 10 months after their last registration. If
they move they must keep their Electoral Registration Office up to date to ensure reminders
and ballot papers etc. are sent to the correct address.

12. Register to vote online. To register online as an overseas voter SP should visit
www.gov.uk/register-to-vote and note the following:

a. NI number will be required for the online application process.

b. Do not click on the ‘Armed Forces’ link towards the bottom of the page as to do
so would mean they would be applying to register as a Service voter.

c. At the first question select “British citizen living in another country (including the
Channel Islands or Isle of Man)” before continuing the rest of the online application
process.

105
England and Wales: www.gov.uk/government/Register to vote armed forces
Scotland: www.gov.uk/government/Register to vote armed forces resident in Scotland
Northern Ireland: www.eoni.org.uk/EONI

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13. Register to vote offline. If SP are unable or do not wish to register to vote online
they can continue to use a paper registration form. Paper registration forms are available
from local Electoral Registration Offices or you can download a form from
www.gov.uk/register-to-vote.

14. Register to vote in Northern Ireland. SP wishing to register as an Overseas voter in

Northern Ireland can only do so by using a paper registration form. Registration forms can
be downloaded from: www.eoni.org.uk for Northern Ireland.

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ANNEX J TO CHAPTER 5, PART 15

MANAGEMENT OF SERVICE (NON PUBLIC) FUNDS

(PARAS 5.612 AND 5.702 REFER)

General Instructions

1. COs are responsible as sole trustees for the control of all the funds of their units. They
may as necessary appoint subordinate officers to manage those funds. In the case where
Service (non-public) funds are managed by a committee or council who do not act on behalf
of the CO, then the chairman of that body is to be the CO for the purposes of the
requirements in these regulations and SFR (AC 60450).

2. All officers concerned in the management of Service (non-public) funds are to keep a
precise record of their transactions and are generally to apply the detailed procedures laid
down for this in SFR (AC 60450). The accounts of all Service (non-public) funds entered up
to date are to be made available at the formation commander's administrative inspection
(para 3.006).

3. The cash and bank balances of all regimental funds of the unit are to be checked at
irregular intervals to include a minimum of five checks each year, with at least one being
conducted each quarter. There is to be no prior warning of these checks. A record of these
checks is to be made on the accounts concerned in accordance with SFR (AC 60450). If an
account holder is also responsible for any other Service fund account, or for the imprest
account, the cash and bank balances of those accounts are to be checked at the same time.

4. Service (non-public) fund accounts of the unit are to be formally handed over during
the absence of the account holder (eg on privilege leave) and in any case at intervals of not
more than 12 months.

5. A CO who is the account holder of a Service (non-public) fund is to report the fact to
the formation headquarters currently responsible for the administration of their unit. The
formation commander is then to detail, by appointment, an officer of the same or higher rank
than the CO, but of another unit, to carry out the check referred to above.

6. The accounts of Service (non-public) funds are generally to be audited at such

intervals, not exceeding 12 months, as may be determined by the GOC. In those units
operating under the Regimental Accounts Scheme, a continuous audit is to be undertaken
by the Internal Auditor in accordance with instructions contained in SFR (AC 60450) Chapter
2. Paras 7, 8 and 10 below do not apply in such cases.

7. At the end of the appropriate period the CO is to convene an audit board consisting of
a president and at least two members. The president is to be an officer not below the rank
of captain, or a retired officer holding an appointment as a retired officer on a unit
establishment. The members may be officers, retired officers, warrant officers, or a staff
sergeant (no more than one per audit board) and civilian officers of equivalent grades. In no
circumstances is an account holder or anyone directly connected with the account being
audited to be either the president or member of an audit board which is to audit that account.

8. The CO is personally responsible for obtaining, for each account to be audited, bank
statements for the current, deposit and giro accounts and a certificate of investments held as
at close of business on the last day of the relevant period for which the accounts are to be
audited. They are to arrange that these statements and the certificate are sent to them

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direct and not through any other person. They are then to hand them direct to the president
of the board.

9. Audit is to be conducted in accordance with the instructions contained in SFR (AC

60450). The proceedings of the board are to be laid before the CO for approval and,
subsequently, placed before the commander under whom the unit is serving.

10. A CO may, if they so wish, arrange for the audit of Service (non-public) funds accounts
to be carried out by professional civilian accountants but the cost of such audit is not to be
admitted as a charge against public funds. When accounts are audited the auditor's report
is to be placed before an audit board, convened in accordance with para 7 above, which will
then act in accordance with the instructions contained in SFR (AC 60450).

11. To afford all ranks an opportunity of acquainting themselves with the amount of rebate
received from the NAAFI and the method of its disposal, a balance sheet, including a simple
statement of receipts and payments, of the accounts of the regimental institutes is to be
published in unit orders as soon as possible after the audit.

12. Unit funds will not be used for the encashment of private cheques, except on the
authority of the CO, where the prescribed rules for the administration of a particular fund
provide.

13. The Department generally accepts no legal liability for activities of SP assigned
responsibility for activities which are wholly funded by non-public funds. A CO is therefore to
ensure that such activities have the requisite commercial insurance cover set out in single
Service regulations.

14. Investments are to be made in accordance with the provisions of the Trustee Act
2000. Deeds of trust purporting to govern the present or future application of any Service
(non-public) funds or property of the unit are not to be executed without the consent of the
Army Board of the Defence Council. This restriction does not apply to gifts or bequests
made to the unit from time to time which remain subject to any limitation specified by the
donor.

The United Services Trustee

J15. The attention of those who have control, or are concerned in the control, of funds
which are not public money, or of goods etc. which are not public property, is drawn to the
advantages which are obtained by utilising the services of the United Services Trustee,
which is a corporation formed in December 1918, for the use and benefit of the Royal Navy,
Army and Royal Air Force, and not for gain or profit. The main objects for which the
corporation is established are to act as trustee, or custodian trustee, or as treasurer, receiver
or manager, or as agent for persons having the management or control of any funds or
property existing for the benefit of members or ex-members of Her Majesty's forces. The
purchase and sale of investments, collection of dividends and insurance, and recovery of
Income Tax are all matters on which The United Services Trustee is willing to give expert
advice and assistance. The United Services Trustee Combined Charitable Fund (formerly
entitled Combined Charitable fund) and the Combined Charitable Income Fund were
established for the purpose of the investment of Service Charities. Further information may
be obtained from The Secretary, The United Services Trustee, 123 Pall Mall, LONDON,
SW1Y 5EG.

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ANNEX K(J) TO CHAPTER 5, PART 18

MESS RULES
General

1. Reference to QR(Army) and to Service Funds Regulations (AC 60450).

2. Responsibility for observance of the rules within the mess.

3. Responsibility for discipline in mess.

Membership

4. Clarifying details concerning living in, living out, and attached officers and any specific
points.

5. Rules concerning honorary membership.

Governance Direction of OMF

6. OMF are for the established SP of a mess formed at a particular unit, headquarters,
station or garrison and corps to maintain the moral component of Fighting Power and
maintain unit cohesion or regimental ethos.

a. Utilising the Whole Force Concept, these personnel must be serving military or
civil servants and will be classed as entitled to attend providing they are full mess
paying members of the hosting mess.

b. SP of a unit, headquarters, station or garrison and corps are to attend all OMF,
less those formally excused by their CO or PMC.

c. Except for seasonal balls, an OMF are not to be held when there are more Mess
guests than entitled attendees.

d. The entitled SP may be accompanied by one publicly subsidised guest to no

more than 50% of allocated OMF. Entitled civil servants receive no public subsidy for
their guests.

e. Non Mess members attending an OMF are classed as non-entitled guests and
must either self-fund or be funded by the hosting mess.

f. Where SP from more than one mess share the same mess facility, only
members of the hosting unit are entitled attendees.

g. Each Headquarters Staff mess allocation applies only to the most senior officer
between OF5 (Colonel) and OF9 (4*).

h. Corporals’ Clubs and JRs facilities have no entitlement to OMF.

7. OMF attract a level of public subsidy through additional labour costs for staff working
in the mess facility and those providing transport for entitled members. Additionally, military
musical support may also be provided at public expense.

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a. COs’ and President of Mess Committees are responsible and accountable for
ensuring that all contractual obligations are met and approval for the OMF has been
agreed with the contractor/DIO before the event.

b. The cost of OMF staff labour charges up to 23:59 hours is only met at public
expense for entitled mess members and their entitled guests.

c. The cost of transport support to the OMF is limited to the hosting station of the
functions catchment area106 and is only applicable to entitled107 mess members and
their entitled guests.

d. The sponsor of the mess will be responsible for T&S for military band support to
the function.

8. With the exception of OMF held by Reserve Units and Corps, all others are to be held
at the home military location and are not transferrable.

a. Reserve units will exercise their allocation of OMF at ACT, plus one other military
location when they are on duty. Outside of ACT, this should be category C1 training
which is unpaid, however all other allowances are paid and they will be subject to
Service law.

b. Corps and Regimental Colonels will determine the number and location of
functions to Service the requirement for every Officer, WO and SNCO not at
regimental duties to enable them to attend one Corps or Regimental OMF annually.
Infantry and Royal Armoured Corps Colonels will use the respective annual Corps
Conference dinners to exercise their allocation.

c. The OMF allocation to a station/garrison cannot be used to supplement other

allocations and is to provide OMF to those without their own allocation such as lodger
organisations.

9. The Army defines a mess as a group of SP of a certain rank or appointment; rather

than the Navy and RAF definition of the mess as a building (facility), the allocation of OMF is
principally to the Unit, Headquarters, Station or Garrison and Corps.

a. Where multiple independent units share a mess facility, each unit is entitled to its
own separate allocation of OMF.

b. OMF allocation will in future be exercised within the MOD Financial Year (Apr –
Mar). Routinely no more than two OMF are to be exercised per quarter with no more
than one per month without agreement of the local contractor. There is to be no carry
forward, amalgamation or transfer of OMF allocations.

c. OMF are to be exercised through events such as regimental dinners, seasonal

balls or a Remembrance Sunday lunch.

d. OMF are not to be used to support Passing out Parades, Community or Defence
Engagement activities or VIP events which may be funded by the TLB through Official
Hospitality (See JSP 462 Pt.1 Ch 15 & Pt.2 Annex 29 & 30).

106
To a maximum radius of 25 miles each way of the hosting mess
107
Entitled civil servant mess members and their spouse or civil partner are carried on a spare seat basis only.

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e. OMF is to support unit and HQ cohesion and operational capability. Training and
education courses are not a formed unit and are not entitled to OMF

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Intentionally blank

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ANNEX L TO CHAPTER 5, PART 18

SERGEANTS' MESS DUTIES

(PARA 5.755 REFERS)

1. Mess accounts in respect of both cash and stock are to be maintained up to date and in the
form prescribed in Service Funds Regulations (AC 60450).

2. President's duties. The president of the sergeants' mess committee is to exercise general
supervision over the mess and is to perform the following duties:

a. They are at least once a month to check the accounts kept by the treasurer and not
less frequently than once a month the stocks and the stock book maintained by the caterer.
They are to report any irregularities disclosed to the supervising officer and sign and date the
records which they have checked.

b. They may delegate to the committee member in charge of messing the duty of signing
orders for messing supplies; they are to sign such orders for other supplies as are approved
by the supervising officer.

c. They are to sign the bills due to be paid by the mess, and submit them to the
supervising officer for payment.

d. They are to check and initial the accounts before their submission to the supervising
officer for signature and before audit.

3. Treasurer's duties.

a. The treasurer is to collect from the caterer each day the cash received from bar sales
and any miscellaneous receipts together with credit sales vouchers. They, in turn, is to hand
over daily to the supervising officer all cash receipts including payments of subscriptions,
messing fees and settlement of bar credit sales. A book record is to be maintained of the
handover of cash from one official to another and this is to be signed by both parties at the
time.

b. The treasurer is also to make daily checks of the stock books kept by the caterer to
ensure correct recording of receipts, correctness of stocks and to verify value of sales. They
are to sign the stock book at the time of check.

c. They are to be responsible for collection of amounts due to the mess for subscriptions,
credit sales and other necessary fees. They are to close their accounts at the end of each
month incorporating a record of all amounts due to and from the mess at the date of closure
and to prepare them for signature by the supervising officer and submission to audit.

d. The treasurer may be allowed to retain a cash float not exceeding £40 for payment of
minor accounts. This may be exceeded for a prescribed period at the CO’s discretion within
a limit of £100.

4. Manager’s duties.

a. The manager is to take charge and account for all bar stocks and to receive from
members the amounts due from purchases.

b. They are to refuse credit to members for purchases of bar stocks except when so
authorized and within the limits set by the CO.

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c. They are to ensure that bar sales cease at the correct time and that, at the close of
business, the bar stocks, cash and credit sales vouchers in hand are secured against theft.

d. At the end of their tour of duty and in the presence of the president and treasurer the
manager is to hand over to their successor their stock, stock books and other records and
any cash or credit sales vouchers in hand. They are required to account for all stock and
monies received by them during their tour and not previously otherwise brought to account
for any reason whatsoever. The records are to be signed by both managers, the president
and treasurer at the time of handover.

e. With the approval of the CO and particularly where they are exempt from other duties,
the manager may be made responsible for the supervision of mess staff, the arrangements
for messing and messing stocks.

5. Supervising officer's duties.

a. The supervising officer is to maintain a cash account of all sums received or paid on
behalf of the mess.

b. They are to make regular bank deposits of cash in hand and to keep their cash
balances to a minimum and limited to the amount required to settle in cash those bills where
payment by cheque is impracticable.

c. They are to check bar stocks against the manager’s books and cash credit sales
vouchers once every six months and sign the stock books when the check is made.

d. They are also to examine the treasurer's accounts each month and to verify that credit
sales do not exceed authorised limits and to see that the cash and bank transactions are
correctly recorded.

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CHAPTER 6

Arrest, Custody, Charge, Summary Hearing and Trial

PART 1 - GENERAL
6.001 – 6.003. Reserved.

The Office for Standards of Casework (Army)

6.003A. The Office for Standards of Casework (Army) (OSC(A)) is the independent authority,
outside the chain of command, with the aim of improving the efficiency of discipline casework and
the handling of complaints.

6.003B. Role. OSC(A) is to oversee the process of casework so that the Army achieves the
Armed Forces Overarching Personnel Strategy (AFOPS) goals for discipline and the handling of
complaints.

6.003C. Independence. OSC(A) will be entirely independent of the chain of command below
the level of the Army Board. The Director will report to the Executive Committee of the Army Board
(ECAB).

6.003D. Tasks. OSC(A) is to:

a. Foster a culture of fairness across the Army that will engender the trust of individual
officers and soldiers.

b. Promote the highest standards of staff work - and a complementary sense of urgency
and priority - in handling administrative and disciplinary casework.

c. Establish and maintain visibility of the progress of all Army casework.

d. Identifying causes of unnecessary delay.

e. Identifying best practice in the resolution of administrative cases.

f. Advising on the optimum use of resources.

g. Analyse casework in order to inform policy making elsewhere in the Ministry of

Defence.

h. Provide the Secretariat for processing of cases to the Army Board.

6.003E. Exclusions. OSC(A) will not:

a. Be involved in decision making in any particular disciplinary or administrative case,

which is entirely a matter for the commanding officer and the Higher Authority under military
law.

b. Supervise or monitor or in any other way oversee the Army Prosecuting Authority,
which remains an independent authority under the superintendence of Attorney-General.

c. Act as an ombudsman for dissatisfied complainants.

d. Provide an alternative source of legal or policy advice.

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PART 2 - ARREST AND SERVICE CUSTODY

General
6.004. The use of handcuffs on soldiers who are in service custody but are neither under
sentence nor in transit under escort, may be authorized by commanding officers under the same
conditions as are laid down for soldiers under JSP 837. No form of mechanical restraint other than
handcuffs is to be used.

6.005. Reserved.

Arrest
6.006. Reserved.

J6.006A. Notification of Arrest. A person held in service custody shall be entitled, if they so
desires, to have intimation of their arrest and of the place where they are being held sent to one
person reasonably named by them without delay or, where some delay is necessary in the
interests of the investigation or prevention of crime, the apprehension of offenders, or the
operations, safety or security of the forces or any part of them, with no more delay than is
necessary.

J6.006B. Communication of Arrest.

a. A person held in service custody should be supplied on request with writing materials,
free for the purpose of their case, but otherwise at their own expense. Provided that no
hindrance is reasonably likely to be caused to the interests of the investigation or the
prevention of crime, the apprehension of offenders or the operations, safety or security of the
Forces or any part of them:

(1) He should be allowed to speak on the telephone at public expense to their legal
adviser (overseas usually only one such call is permissible at public expense), to make
other calls to relations or friends at their own expense, and to receive incoming calls at
reasonable times.

(2) His letters should be sent by post or otherwise with the least possible delay at
their own expense.

(3) If a foreign national, their commanding officer is to ensure they are made aware
of their right to consular access. If requested, the commanding officer or a person
delegated by them should do so as soon as is practicable.

b. They should be informed that all their communications, other than those with their legal
advisers and any defending officer, accused’s adviser, assisting officer or other officer
appointed to advise them, may be read or listened to as appropriate. Mail to and from
persons in service custody should not normally be subject to censorship but a commanding
officer may exceptionally order censorship to be imposed if they consider that the
circumstances of the offence or of the individual render it necessary. However, letters
passing between an accused person and their legal advisers, defending officer, accused’s
adviser, assisting officer or any officer appointed to advise them must not be censored. To
maintain the inviolability of those letters, the commanding officer is to arrange with both
parties that these letters carry distinguishing marks.

6.007 - 6.014. Reserved.

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Suspension from Duty

6.015.

a. A commanding officer may suspend an officer, warrant officer, NCO or private soldier
from duty during the investigation of an alleged offence or of any matter, if they consider that
such action is necessary in the interests of the service or the individual.

b. When a commanding officer suspends an officer, warrant officer, NCO or private

soldier, they are to appoint an assisting officer for that person immediately upon suspension.
(See AGAI 67.)

c. If an officer, warrant officer, NCO or private soldier is suspended from duty they are not
permitted to visit their place of work or barracks, nor are they allowed to attend military social
functions. Commanding officers must also consider the living arrangements of living-in
personnel, whether married unaccompanied or single so as to best judge where suspended
personnel may be best accommodated during the suspension period.

d. If the circumstances so require and with the sanction of the commander not below the
rank of brigadier (under whose command they are serving), they may be permitted to go to
an agreed civilian address other than one at which they would normally reside for work, at
public expense to await further orders. When such permission is granted, the circumstances
are to be reported immediately, through the next superior headquarters, to the Ministry of
Defence (PS2(Army)) in the case of an officer and to the appropriate Manning and Career
Management Division, in the case of a warrant officer, NCO or private soldier.

6.016 - 6.022. Reserved.

Drunkenness or Use of Drugs

6.023. Except in cases falling to be dealt with under road traffic legislation when normal civil
practice will as far as possible apply, a person suspected of being drunk is not to be put through
any drill or test for the purposes of ascertaining their condition.

6.024. A soldier who appears to be under the influence of drink or drugs and in need of
supervision to prevent illness or injury is to be ordered to the nearest suitable accommodation and
is to remain there until they no longer appear to be at risk. Their condition is to be monitored
during this time. If there are symptoms of illness or injury, which could require medical treatment,
the medical officer is to be sent for immediately.

6.024A. An intoxicated soldier who is violent or disorderly and therefore has committed an
offence may be arrested under the provisions of MSL, Vol 1, Ch 4, but their retention in service
custody must be in accordance with MSL, Vol 1, Ch 5. It would not be practicable to bring such a
soldier in front of a judicial officer until they were sober.

Arrest of Deserters and Absentees

6.025. See MSL, Vol 1, Chapters 4 and 10 and see also LFSO 3200.

6.026 – 6.045. Reserved.

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PART 3 - INVESTIGATION OF CHARGES AND SUMMARY HEARING

Independence of Service Police Investigations

J6.046. All investigations undertaken by service police, regardless of their nature and of who
initiated the investigation, are conducted independently of the chain of command. The Provost
Marshal of the service police force in question is responsible for investigations, and for ensuring
that service police investigations are free from interference. Interference includes any attempt by
anyone who is not a service policeman to direct an investigation being carried out by the service
police. Service police should not be obstructed or otherwise hindered, or influenced in any manner
in the conduct of investigations. The chain of command has a clear duty to assist the service
police and to facilitate their inquiries. Obstructing or failing to assist a service policeman may be
an offence, as may interference with an investigation. Compelling reasons are required before
assistance may be refused, and assistance should not be refused without seeking legal advice.
None of these provisions imply any legal obligation on an individual to provide a statement.

6.047 - 6.051. Reserved.

Conduct at Summary Hearing

6.051A.

a. If an accused soldier is in service custody when they appear before the officer
conducting the summary hearing they are to be accompanied by an escort; if not, there is to
be no escort unless that officer otherwise directs.

b. Dress is a matter for commanding officers, but there is no requirement for the accused
to dress differently from the others involved in the hearing and the accused is to be marched
in to the room where the hearing is being conducted in a normal manner.

c. Summary hearings are to be conducted in a way that demonstrably upholds the

fairness of the procedures. Specifically any practice that might indicate a presumption of
guilt is prohibited.

d. The accused and their adviser must not be disadvantaged procedurally either by any
lack of knowledge or experience or by the manner in which orders are conducted.

e. The officer conducting the hearing must be satisfied that the accused understands
what is going on. They should be prepared to explain any aspect of the procedure at any
time during the hearing.

f. The accused can consult with their Assisting Officer at any stage during the hearing
and both should be permitted to consult the case papers and take notes during the hearing.

g. Guidance on sentencing is found in MSL Chap 14.

6.052. Disposal of Record of Summary Hearing (RSH). If the case against the accused is
found proven and the accused declines to submit an appeal then the completed Record of
Summary Hearing, and all case papers, should be sent to OSC(A), PS2(A) no sooner than 15 days
and no later than 30 days after the summary hearing. OSC(A), PS2(A) will monitor the archiving,
storage and retrieval and is the sole authority for the disposal of all RSH with respect to summary
hearings not subject to appeal. If an accused appeals then, at the conclusion of the appeal, the
RSH and case papers are placed in storage under the arrangements of the Service Prosecuting
Authority. All Records of Summary Hearing must be retained for seven years from the date of the
summary hearing.

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6.053 - 6.062. Reserved.

Directions, Guidance and Opinions of Higher Commanders

6.063. Higher commanders (see paras 2.002a, b and c(1)) may on their own initiative issue
guidance on disciplinary matters whenever they consider it necessary to do so in the interests of
military discipline. For example, a commander in chief may recommend as a matter of policy that
certain offences committed within their command, such as loss of arms, should be considered for
trial by Court Martial. They may issue guidance on the appropriate level of punishment for
particular types of offence, for example alcohol-related motoring offences but they may not
mandate compulsory or fixed penalty punishments. Guidance should be sought from DPS(A)
PS2(A).

6.064. Before exercising any of their disciplinary functions, commanding officers may consult
the Advisory Branch of the Army Legal Services (ALS) on any question of service law. They
should always do so in cases which are likely to be tried by Court Martial or where the accused is
charged with a number of offences and the intention is to deal with them summarily at one hearing
or refer them to the Director of Service Prosecutions (DSP). In any event advice must be obtained
from ALS for:

a. Any offence of dishonesty, indecency or drug abuse.

b. Any offence resulting in physical injury.

c. Any offence involving a weapon or an object that could be construed to be a weapon.

d. Any traffic offence of impaired driving and driving without insurance.

e. Any offence of long – term (120 days or more) absence or repeated absence.

f. Any offence investigated by the Service Police.

g. Any offence where an officer, warrant officer or civilian is to be dealt with summarily.

h. Any offence where a lance corporal or private soldier is likely to be awarded by a

commanding officer detention for a period exceeding 28 days. (See para 6.071A.)

6.064A. A CO should, as a matter of policy, obtain legal advice from the staff legal advisor
before proceeding to hear any of the following charges;

a. Theft contrary to section 1 (1) of the Theft Act 1968, where the value of the stolen
property exceeds £300;

b. Destroying or damaging property contrary to section 1(1) of the Criminal Damage Act
1971, where the amount of damage does not exceeds £1000;

c. Unlawful possession of a controlled drug of class B or C, contrary to section 5(2) of the

Misuse of Drugs Act 1971;

d. Abstracting of electricity contrary to section 13 of the Theft Act 1968 up to the value
£300.

6.064B. The following summary offences , as a matter of policy, require legal advice to be
obtained from the staff legal advisor, before proceeding summary in view of their inherent
complexity:

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a. Dishonestly obtaining electronic communications services (Section 125 of the

Communications Act 2003).

b. Possession or supply of apparatus etc. for dishonestly obtaining electronic

communications services. (Section 126 of the Communications Act 2003.)

c. Fraud (Section 1 of the Fraud Act 2006).

d. Dishonestly obtaining services (Section 11 of the Fraud Act 2006).

e. Attempting to commit one of the offences listed above.

f. Low Flying (Section 34 AFA 06).

g. Annoyance by flying (Section 35 AFA 06).

Trial of a Deserter or Absentee Surrendered to a Consular Office Abroad.

6.065. Where a deserter or absentee abroad surrenders themselves to a consular officer, a

certificate of surrender signed by the consular officer may be admissible in any proceedings which
may be taken under section 8 or section 9 of the Armed Forces Act 2006. Any unit, which is
advised of such surrender, is to contact DPS(A) PS2(A) for instructions.

Dispensation with Trial in Cases of Desertion

6.066. See MSL, Vol 1, Ch 17, para 22 Confession of Desertion.

6.067 – 6.069. Reserved.

Summary Awards by Commanding Officers

6.070. There is to be no departure from the system of punishment laid down within AFA 06
AF(SH&ASSD)Regs 2009,or these regulations. The guidance given in the Summary Hearing
Sentencing Guide (MSL, Vol 1, Ch 14) is also to be followed.

6.071. Reserved.

6.072. Punishments. The punishments that may be awarded by a commanding officer are
set out in section 132 of the Armed Forces Act 2006. The punishments referred to therein, which
may be awarded by a commanding officer, are contained in MSL, Vol 1, Ch 13.

6.073 – 6.077. Reserved.

The Summary Appeal Court

6.078. For instruction on Summary Hearing Review and Appeals see MSL, Vol 1, Ch 15.

a. Officers who are required to perform the duty as a member of the Summary Appeal
Court are to do so independently and impartially in accordance with the evidence and the
law.

b. Summary Appeal Court members are not to be subjected to any external influences or
pressures prior to, during or after the hearing. It is an offence under the criminal law and
accordingly under Service law to do anything to pervert the course of justice. This includes,

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among other things, any interference with or attempt to influence any member of, or witness
in, the Summary Appeal Court. Any such attempt prior to commencement or after conclusion
of the trial should be reported to the Service police and the DSP; if this occurs during the trial
it should be reported to the Judge Advocate presiding.

c. Written guidance as to the conduct and procedures of the court should be provided to
those selected as members at least two weeks prior to the commencement of the hearing.
Members must satisfy themselves they understand their duties and responsibilities; they will
be required to sign a certificate to that effect by the Court Administration Officer.

d. For the duration of the court, members are not to engage in any other duties until such
time as they are released by the Judge Advocate. The performance of a court member shall
not be considered or evaluated in the preparation of any personal report, assessment or
other document used in whole or in part for the purpose of determining whether a member is
qualified to be promoted, or is qualified or suited for particular appointments or training.

e. The result of every Summary Appeal Court hearing is to be published in formation

routine orders and the Part 1 orders of the unit to which the appellant belongs or is attached.

Delegation of Powers by Commanding Officers

6.079. For instruction on delegation of powers by commanding officers see MSL, Vol 1, Ch 6.

Powers of Subordinate Commanders

6.080. For instructions on powers of subordinate commanders see MSL, Vol 1, Ch13.

Communication with the Criminal Record Office

6.081. Unless specially authorized by DPS(A) PS2(A), no communication is to be made by
units direct with the Criminal Record Office for any purpose whatsoever except through the SPCB,
HQ PM(A).

Civilians subject to Service Discipline

6.082. For civilians subject to service discipline see MSL, Vol 1 Chap 3.

6.083. Reserved.

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PART 4 - COURT MARTIAL

6.084. See MSL, Vol 2, The Service Courts Guide.

6.085 – 6.091. Reserved.

6.092. Instructions dealing with the psychiatric examination of persons liable to trial by the
Court Martial under the Armed Forces Act 2006 are laid down in Annex C to this Chapter.

6.093 – 6.147. Reserved.

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PART 5 - MISCELLANEOUS PROVISIONS WITH REGARD TO TRIAL AND

SENTENCE

Application of Service Law to Convicted Persons

6.148. Officers.

a. An officer sentenced to be dismissed the Service, but not sentenced to imprisonment,

remains subject to Service discipline until the date of promulgation of that sentence to them,
as notified in the London Gazette.

b. An officer sentenced by Court Martial to imprisonment whether with or without

dismissal from the Service, remains subject to Service discipline until they cease to hold their
commission as notified in the London Gazette, but subsequently may be treated as if they
were still subject to Service discipline until the sentence is completed.

c. An officer sentenced to imprisonment by a civil court remains subject to Service

discipline until they cease to hold their commission, as notified in the London Gazette.

6.149. Soldiers.

a. A soldier sentenced to be dismissed the Service, but not sentenced to imprisonment,

remains subject to Service discipline until discharged from the Army under authority of para
9.396 or 9.397.

b. A soldier sentenced by Court Martial to detention and dismissal or to imprisonment

remains subject to Service discipline until discharged from the Army under authority of paras
9.396, 9.397 or 9.404. However, a soldier serving a sentence of detention in a military
establishment remains liable to be dealt with for offences under Service discipline
notwithstanding that their discharge from the Army has taken place.

c. A soldier sentenced by a civil court to imprisonment, whether at home or overseas,

remains subject to Service discipline until discharged from the Army under authority of para
9.404.

6.150 – 6.165. Reserved.

Absentees-Protecting Certificates
6.166. When an absentee who has been located is not required for disciplinary proceedings or
for further service as a soldier, a protecting certificate (AFB 129) should be issued to them by a
brigade or equivalent commander. The Director of Manning (Army) is also authorized to issue an
AFB 129 and all cases where it is intended to issue an AFB 129 should be referred to the
Directorate of Manning (Army).

Military Penal Establishment and Execution of Sentence

6.167. Instructions regarding the treatment, employment, discipline and control of soldiers
under sentence are contained in JSP 837 – Service Code of Practice for the Management of
Personnel in Service Custody and Committal to Service Custody Premises and Civil Prisons.

6.168. When a soldier is to re-join their unit on release from imprisonment or detention an
escort is not to be provided unless there is a requirement to take them into service custody in
accordance with the provisions of the Armed Forces Act 2006. They are to be ordered to report to
their unit and, if necessary, they are to be given written instructions as to their journey.

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Sex Offenders Register

6.169. In every case where military personnel have been convicted of a sexual offence, and
subject to any of the notification requirements or civil orders set out in Part 2 of the Sexual
Offences Act 2003 and are exceptionally being retained in the Service, the Service Police Crime
Bureau (SPCB) are to notify PS2(A). Post Trials Section PS2(A) are to maintain a record of all
Army personnel subject to any of the Sexual Offences Act orders and review with Army Personnel
Centre (APC) and Director Manning (Army) (DM(A)) posting and appointments in accordance with
AGAI 62.

6.170 - 6.173. Reserved.

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PART 6 - CHARGES BY THE CIVIL POWER

Attendance of Civil Courts (see also para J7.025)

6.174.

a. When a soldier1 whose unit is stationed in the United Kingdom is charged with any
offence before a Crown court (or in Scotland a sheriff court or higher) an officer of their unit
who knows them is to be detailed to attend the court.

b. Where practicable, similar action is to be taken when a soldier1 whose unit is stationed
in the United Kingdom is charged before a court of summary jurisdiction. If, however, the
court is distant from the unit, the commanding officer, if they consider that the offence is of a
minor nature, is to refer to the brigade or equivalent commander for a decision whether or not
an officer should be detailed to attend the court and, if one is to attend, whether they should
be detailed from the soldire’s unit or from some other unit near to the court. In the latter case
the commanding officer is to make the necessary arrangements with the officer commanding
troops at the station from which the officer is to be detailed, forwarding all the information and
documents required for the use of the officer, who must be prepared to explain to the court
why an officer of the soldier’s own unit has not attended. If the offence is of a minor
character and the soldier1 is offered the opportunity, and elects, to plead guilty by post then
the commanding officer may decide that no officer should attend the court.

c. When a soldier1 whose unit is stationed outside the United Kingdom is charged with
any offence before any civil court in the United Kingdom, the appropriate Colonel Manning
and Career Management Division at the Army Personnel Centre, Glasgow is to refer to the
OC of the unit performing the depot function for the soldier's1 regiment or corps for a decision
on the matters referred to in sub-para b.

d. The Officer attending the court is to be prepared to give information to the court
regarding:

(1) The soldier's1 general character.

(2) Length of service.

(3) Net rate of pay with details of main deductions from gross pay.

(4) Present employment or trade.

(5) Any particular domestic problems.

(6) Particulars of any convictions by a Court Martial for any service offence involving
serious violence, damage to property or dishonesty or for any attempt to commit any of
the foregoing offences. The officer is not, unless required by the court to do so, to give
any information regarding minor offences of a purely military character, the nature of
which might be misunderstood to the prejudice of the soldier1.

(7) Where a period of disqualification from driving is to be awarded to a soldier1 by a

court, the officer is to inform the court of the effect of the disqualification on the soldier 1.
See AGAI 65. They are also to be prepared to tell the court, if asked, that a sentence
of imprisonment (including a suspended sentence), detention or youth custody will
almost certainly require the Army to discharge a convicted soldier1 under QR(Army),
para 9.404e, and that their retention, if recommended by their commanding officer,

1
‘Soldier’ in this instance means ‘officer/soldier’.

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must be approved by the Ministry of Defence (Army), and that this would only occur as
an exceptional case. They are to inform the court, if asked, whether, in the case before
the court, the accused's commanding officer considers there are, or are not, any
exceptional grounds that would merit submitting a recommendation to a higher
authority that the accused be retained in the Army if a custodial sentence is awarded.
They are further, if necessary, to remind the court that, if bail is granted, the Army has
no legal power to detain the accused in custody of any sort.

e. Should the soldier be unable to settle the fine, penalty, damages, compensation or
costs ordered by the court, the officer attending the court is (subject to the stipulation below)
to arrange payment to be made in accordance with the procedures laid down in the MSL
Chap 20. If the amount of the fine, penalty, damages, compensation or costs exceeds the
soldier's current available balance and is such that, in the ordinary course, recovery could not
be effected from their account within a period of three months or before the date of their
discharge or transfer to the Army Reserve, etc., if due to take place earlier, payment must be
withheld. If the soldier is a recruit entitled to purchase their discharge under para 9.415
payment is to be limited to the amount available within the soldier's current balance. The
reason for withholding payment must be fully explained by the officer attending.

f. The officer attending the court is to be fully briefed in accordance with AGAI 65.

g. Where the court is considering a community sentence, the officer attending the court
must be prepared to inform the court, if need be, of any imminent posting of the unit or the
offender which might make a community service order inappropriate. They should also
inform the court that if a community sentence is awarded, application may be made for the
offender's discharge. (See AGAI 65.)

h. A suspended sentence of detention awarded summarily or by the SAC may be

activated by a CO if the offender is found guilty of an offence in a civil court in the British
Islands2 during the operational period of the sentence. (See MSL Chap 20).

6.175.

a. When a soldier aged 18 years or over is awaiting trial by a civil court on a serious
charge, their commanding officer is to advise them to keep their next of kin informed.

b. When a soldier under the age of 18 years is awaiting trial by a civil court, their
commanding officer is to inform their parents or legal guardians as soon as possible stating
the nature of the charge.

6.176. Reserved.

Absentees and Deserters

6.177. The Armed Forces Act 2006, section 330(4), provides that, where a person is brought
before a court of summary jurisdiction as illegally absent, a certificate by a person's commanding
officer that that person is a member of the regular forces and is illegally absent therefrom shall be
admissible in evidence. Where a certificate is required, usually at the request of the civil police, it
shall be in Annex C of Chap 10 of the MSL.

6.177A. Reserved.

2
‘British Islands’is a term that has been in use in the law of the United Kingdom since 1889. It means the United Kingdom, the Channel
Islands and the Isle of Man (see Interpretation Act 1978).

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Officers Convicted by the Civil Power

6.178.

a. Every case in which an officer has been found guilty by a court, other than a Court
Martial, of any offence, including a case where a community sentence has been awarded or
they have been discharged, absolutely or conditionally, is to be reported by their
commanding officer with full details to the divisional, district, or equivalent commander.

b. The commander is to report to the Defence Council:

(1) All cases which are required to be so reported in accordance with instructions of
the Defence Council. (See AGAI 67.)

(2) All other cases which are, in the opinion of the commander, sufficiently serious to
be so reported having regard to the following considerations:

(a) Whether the offence would have merited trial by Court Martial or whether, if
the case had been dealt with summarily, a substantial punishment would have
been awarded.

(b) In the case of convictions by a court outside the United Kingdom, whether
the proceedings and the concepts of justice generally in the country concerned
were in basic accord with standards prevailing in the United Kingdom. If
necessary, advice should be sought from Army Legal Services. Only in
exceptional circumstances will a conviction be reported where the evidence
would not have given rise to a criminal charge under the laws of any part of the
United Kingdom. Guidance may, if necessary, be issued by the local Army
headquarters.

c. Cases reported to the Defence Council are to be accompanied by a certificate of

conviction obtained from the court. Where the court is in the United Kingdom, the
commanding officer is to obtain a certificate signed by the clerk of the court. This certificate
will, if issued during a period of 35 days following the conviction, or if application for appeal
has been made, be a qualified certificate. If at the end of 35 days no notice of appeal has
been given an unqualified certificate of conviction will be issued. Where the court is outside
the United Kingdom the form and content of any certificate of conviction will depend on local
law; and it may be necessary for the local Service headquarters to agree a suitable form of
certificate with the local civil authorities. The certificate, signed by a competent court official
whose appointment should be stated on the certificate, should set out the full names of the
offender, the date of the hearing, the offence or offences of which the offender was convicted
and the sentence. An accurate translation of the certificate should where necessary also be
obtained. Before a certificate of conviction by a court outside the United Kingdom is
forwarded to the Defence Council the certificate should be shown to the offender so that they
may have an opportunity of disputing the accuracy of its contents or the fact that it relates to
them. The commanding officer should confirm in writing that this has been done. If the
certificate is disputed in any way further inquiries should be made. If it is impracticable to
obtain a certificate of conviction from an overseas court any other available evidence of the
conviction should be forwarded in lieu.

d. Should the finding of the court by which an officer was first tried be quashed or varied
on appeal a further report is to be made by the officer's commanding officer, divisional,
district or equivalent commander as the case may be.

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Warrant Officers and NCOs Convicted by the Civil Power

6.179.

a. When a warrant officer or NCO, other than a lance corporal or lance bombardier, has
been found guilty by a court, other than a Court Martial, of an offence, including a case
where a community sentence has been awarded or they have been discharged absolutely or
conditionally or where the soldier is bound over, their commanding officer is forthwith to
report the case in writing to the commander, not below the rank of colonel, under whose
command they are serving. This report is to be accompanied by the following documents:

(1) A short statement of the case together with the recommendation of the
commanding officer. If the commanding officer considers the warrant officer or NCO
should be reduced in rank, this is to include the rank to which reduction is
recommended.

(2) Copies of the conduct sheets and record of service of the warrant officer or NCO.

(3) Proof of civil conviction (where a legal rather than administrative process is
contemplated).

(4) Any statement that the warrant officer or NCO may wish to make or a certificate
stating that they do not wish to make a representation.

b. If the commander considers that the warrant officer or NCO should be reduced in rank
they are, unless they themselves have power to order the reduction under section 332 of the
Armed Forces Act 2006, to submit their recommendation to a competent authority under that
section. The recommendation is to state the rank to which reduction is recommended and is
to be accompanied by the documents mentioned in sub-para a above.

c. If the commander does not order or recommend the reduction in rank of a warrant
officer or NCO who has been sentenced to imprisonment, they are to report the
circumstances to an authority competent to order the reduction, stating their reasons for not
ordering or recommending the reduction, as the case may be, and enclosing the documents
mentioned in sub-para a above.

d. Intermediate commanders are to record their opinions when forwarding

recommendations under sub-para b or reports under sub-para c.

e. When it is finally decided in any particular case that the warrant officer or NCO shall not
be reduced in rank, the commanding officer is to forward a copy of their report on the case
and of the decision to the appropriate Colonel Manning and Career Management Division at
the Army Personnel Centre, Glasgow for retention.

f. For a lance corporal or lance bombardier the commanding officer is to act on their own
authority and need not refer the matter to the commander under whose command they are
serving.

Soldiers on Bail
6.180. A soldier released on bail from civil custody should be treated no differently from other
soldiers, except that:

a. He is not to be posted out of the United Kingdom until the civil proceedings have been
completed.

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b. They are to be made available to surrender to their bail when required to do so.

c. Since one of the purposes of releasing them on bail is to enable them to prepare their
defence to the civil charge they are to be allowed reasonable opportunities and facilities for
that purpose, whether or not they are under arrest or undergoing punishment for a military
offence.

Soldiers released from Imprisonment

6.181. Reserved.

6.182.

a. When a soldier who has undergone imprisonment and is exceptionally being retained
in the Army, the appropriate Colonel Manning and Career Management Division at the Army
Personnel Centre, Glasgow is to send posting instructions to the governor of the youth
custody centre before the man is to be released, and notification of posting and general
instructions to the officer commanding the man's new unit.

b. If on their return to military duty after serving such a sentence of imprisonment, it is

found that the soldier has not responded to this opportunity to make good and persists in
committing further offences against Service law, normal disciplinary action is to be taken.
Cases in which the soldier has failed to make good on return to the Army are to be reported,
together with the nature of the offences, other than trivial, and punishment awarded direct by
the officer commanding the unit to:

Programmes Group
Prison Service Headquarters
Cleland House
Page Street
LONDON
SW1P 4LN.

Rehabilitation of Offenders Act 1974

6.183. The Rehabilitation of Offenders Act 1974 enables all but the most serious criminal
offender to 'live down' a criminal record after a specified period of time. Guidelines to the Act are
to be found in the Personnel Administration Manual (PAM) (AC 63791).

6.184 - 6.999. Reserved.

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ANNEX A TO CHAPTER 6

Reserved

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Intentionally blank

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ANNEX B TO CHAPTER 6

Reserved

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Intentionally blank

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ANNEX C TO CHAPTER 6

PSYCHIATRIC EXAMINATIONS OF PERSONS LIABLE TO TRIAL BY THE

COURT MARTIAL
(PARA 6.092 REFERS)

Definitions
1. In this Annex:

a. ‘Service psychiatrist' means a Royal Navy, Army, Royal Air Force or civilian psychiatrist
employed under the authority of the Commander Medical of a command or district for the
psychiatric examination of a person liable to be tried by Court Martial.

b. ‘The defence' means an accused person who may be conducting their own defence
before a Court Martial; that person's defending officer, solicitor or counsel.

Procedure
2. A commanding officer may at any time in consultation with the unit medical officer and, if
necessary, the Commander Medical of the command or district, arrange for an accused to be
examined by a Service psychiatrist.

3. In all cases when the unit medical officer is of the opinion that the accused may be suffering
from a psychological illness or from a significant degree of mental disorder due to brain damage,
disease or dysfunction, the opinion of a Service psychiatrist will be obtained.

4. If the Prosecuting Authority considers that a psychiatric report may assist them in deciding
whether or not to order trial they may in consultation with the commander medical of the command,
division or district arrange for an accused to be examined by a Service psychiatrist.

5. If an accused requests a psychiatric examination their commanding officer will explain to the
accused that they may at their own expense be examined by a civilian psychiatrist but that they
cannot demand to be examined by a Service psychiatrist.

6. In the case of an accused charged with murder committed overseas, their commanding
officer will arrange for them to be examined by a Service psychiatrist at the earliest opportunity.

Documents and Information to be Submitted to a Service Psychiatrist

7. When a commanding officer or Prosecuting Authority orders a psychiatric examination, the

following information will be supplied to the Service psychiatrist:

a. A report setting out the nature of the charge(s) and, if available, a copy of the witness
statements or a short statement of the facts (including any available service police or civil
police reports).

b. The charge report or any information regarding the accused's previous record in lieu
together with any relevant procedure sheet.

c. F Med 8 (Rev 1957) in accordance with Medical Documentation 1956, para 101.

d. All other relevant documents.

e. The address of the commanding officer and of the Prosecuting Authority.

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Delay
8. An application for trial by Court Martial will not normally be delayed until receipt of a Service
psychiatrist's report.

Action to be Taken by a Service Psychiatrist

9. The object of the examination by the Service psychiatrist is to draw the attention of the
appropriate authorities to any relevant mental disability. They will therefore:

a. Prepare a report on F Med 288. This report will not under normal circumstances
Indicate any disposal other than that, after disciplinary action has been completed, the
person affected should be referred for a further psychiatric assessment and disposal as
necessary;

b. Send completed copies of the report as follows:

(1) To the commanding officer - two copies;

(2) To the Prosecuting Authority - one copy;

(3) Return F Med 8A to the commanding officer making no mention of diagnosis or

recommendations; F Med 8A is the tear-off portion on the reverse of F Med 8.

(4) Submit no other report, except that in any case of medical necessity they will
forward to the unit medical officer their advice in writing as to any treatment
recommended.

Use of Psychiatric Reports

10. A psychiatric report, whether ordered by the commanding officer or the Prosecuting
Authority, will be shown to the unit medical officer. The medical officer will not disclose the
contents to any unauthorized person.

11. A commanding officer will, whenever requested by the defence or so advised by the
Prosecuting Authority provide the defence with a copy of the psychiatric report. On any such
report being provided the defence will be required to give a written undertaking that the report will
only be used for the purposes of the trial and that it will be returned to the Service authorities on
conclusion of it.

12. If an accused is brought to trial and convicted any Service psychiatrist's report will
accompany the record of the proceedings of the Court Martial if they are subject to an Appeal. If
the accused is sentenced to imprisonment, youth custody or military detention, a copy of the report
is to be forwarded to the governor of the prison or youth custody centre, or to the Commandant of
the Military Corrective Training Centre, and the fact noted in a minute accompanying the record of
proceedings of the Court Martial for review.

13. If the Prosecuting Authority decides not to bring an accused to trial in view of the nature of
any psychiatric report they will as necessary draw the attention of the accused's commanding
officer to the regulations regarding the discharge of soldiers mentally or temperamentally
unsuitable for service.

14. A psychiatric report is a medical in confidence document and will in no circumstances be

disclosed to any unauthorized person.

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Action to be taken by the Commandant, Military Corrective Training Centre

15. If in the opinion of the Commandant a person undergoing sentence appears to be suffering
from a mental illness or a mental disorder due to brain damage, disease or dysfunction, the
Commandant will immediately refer the case to a Service psychiatrist and afford facilities for a
psychiatric examination.

16. If a Service psychiatrist, as a result of their own examination, is of opinion that a person
undergoing sentence is mentally or temperamentally unsuited for military service they will, if that
person is a soldier, make a recommendation for their discharge on medical grounds. Medical
board action will normally be taken towards the end of a period of detention, unless it is stated by
the Service psychiatrist that a person is unfit for detention.

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ANNEX D TO CHAPTER 6

LEGAL AID IN RESPECT OF PROVISION OF LEGAL REPRESENTATION

For instructions on Legal Aid see JSP 838.

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CHAPTER 7

GENERAL LEGAL MATTERS

PART 1 - JURISDICTION

General
J7.001. Service Courts have jurisdiction to try any Service offence. A Service offence is an
offence that is a non-criminal conduct offence under Part 1 of the Armed Forces Act 2006
(AFA 06), other than an offence under section 42, and any criminal conduct offence under
section 42 of the AFA 06.

J7.002. For jurisdiction as to the person, attention is drawn to AFA 06, Part 2, Chapter 1,
regulations made under AFA 06 and JSP 830 (The Manual of Service Law)1.

Jurisdiction in the United Kingdom (UK)

J7.003. In respect of offences committed by persons subject to Service law, jurisdiction may lie
with the Service authorities or with both the Service authorities and the civilian authorities under
the ordinary law of the relevant part of the UK. In the latter circumstance, there are a number of
established procedures and protocols that determine the exercise of jurisdiction and Commanding
Officers (COs) should liaise with the Service Police and seek staff legal advice on jurisdiction.

J7.004. Where jurisdictional issues arise in the UK, consultation with the relevant civilian
authority will be handled by the Service Police or Ministry of Defence Police (MDP) and by the
Director of Service Prosecutions (DSP), where appropriate. COs should therefore liaise in the first
instance with the Service Police in these cases.

J7.005. If there is in any doubt as to whether an alleged offence should be reported to a

relevant civilian authority or if there is any doubt as to whether the Services have jurisdiction to
deal with the case, staff legal advice should be sought.

J7.006. Detailed information regarding jurisdiction in the UK is contained in JSP 8302.

Jurisdiction in Commonwealth and Foreign Countries

J7.007. The proper exercise of Service jurisdiction in a foreign country is often regulated by a
treaty, Memorandum of Understanding (MOU) or ad hoc agreement3.

J7.008. Detailed information regarding jurisdiction outside the UK is contained JSP 8304. CO’s
should seek Service Police/legal advice for any jurisdiction matters overseas.
Jurisdiction in NATO and Partnership for Peace (PfP) Countries.

J7.009. Jurisdiction in NATO countries and the other states participating in the PfP is dealt with
in Article VII of the Agreement Regarding the Status of Forces of Parties to the North Atlantic
Treaty (Command 9363) signed in London on 19 June 1951 (the Agreement). The full text of the
Agreement is in JSP 8305.

1
JSP 830, Volume 1, Chapter 3, Part 1.
2
JSP 830, Volume 1, Chapter 3, Part 1.
3
Head Office and Corporate Services - International Agreements
4
JSP 830, Volume 1, Chapter 3, Part 1.
5
JSP 830, Volume 1, Chapter 3, Part 1.

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J7.010. The status of UK forces stationed in Germany is governed by the Agreement

Regarding the Status of Forces of Parties to the North Atlantic Treaty (Command 9363) as
modified by the Supplementary Agreement (Command 2191 of 1963 and Command 2479 of
1994).

J7.011. Detailed information regarding Jurisdiction in NATO and PfP countries is contained in
JSP 8306. CO’s should seek Service Police/legal advice for any jurisdiction matters overseas.

Jurisdiction in British Overseas Territories

J7.012. In the British Overseas Territories listed in the UK Forces (Jurisdiction of Colonial
Courts) Order 1965 (as amended) – SI No 1203 of 1965, reproduced at Annex B, the jurisdiction of
the civil courts to try members of Her Majesty’s forces (or the civilian component of those forces) in
respect of offences against the law of the territory has been removed in certain circumstances.

J7.013. Cyprus Sovereign Base Areas (SBAs) form a special category governed by the Treaty
of Establishment 1964. Differing jurisdictional arrangements exist depending on whether the
events giving rise to the charge occurred within the SBAs or in the Republic of Cyprus. In the light
of such complications, where such issues arise staff legal advice should always be obtained.

J7.014. Detailed information regarding jurisdiction in British Overseas Territories is contained in

JSP 8307. CO’s should seek Service Police/legal advice for any jurisdiction matters overseas.

Jurisdiction for United Nations (UN) force

J7.015. In the case of a force which is forming part of a UN force occupying former enemy
territory, jurisdiction generally lies exclusively with the authorities of the force.

Jurisdiction in Security Cases World Wide

J7.016. In cases where there has been a breach of security and it appears that:

a. The offence could involve damage to the public interest: or;

b. The offender could have been acting for a purpose prejudicial to the interests of the
State, the CO of the accused is immediately to refer the case to APSG Conduct Branch,
DALS and D Sy Pol for a decision on reference to the civil authorities.

Murder and Manslaughter Abroad by Accompanying Civilians

J7.017. Where it is alleged that an identified civilian subject to Service law has committed an
offence of murder or manslaughter outside the UK and the authorities of the host country are not
able or do not intend to exercise jurisdiction, the CO is immediately to report the case to the
Service Police who will confer with APSG Conduct Branch for a decision by the Law Officers as to
whether any trial should take place in the UK courts or by Court Martial (CM) overseas. Factors to
be considered in making the decision will include delays, problems over the attendance of
witnesses and host nation interests. Pending a decision, police inquiries and, if necessary, the
formal investigation of the charge where the accused is in arrest, may continue. If the UK civil
authorities decide to exercise jurisdiction, any proceedings under the AFA 06 will be stayed.

7.018 – 7.020. Reserved.

6
JSP 830, Volume 1, Chapter 3, Part 1.
7
JSP 830, Volume 1, Chapter 3, Part 1.

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PART 2 - CIVIL LAW AND PROCEEDINGS

Note: this section does not cover either the provision of advice on Service law or the procedures
connected with Service courts.

Civil Proceedings
7.021. When a Service person (SP) has been, or is likely to be, made a defendant in civil
proceedings, arising out of an act which was sanctioned by Service authority or which occurred in
the course of their duty, they are at once to report the matter to their CO.

7.022. On receipt of a writ, summons or other legal document naming a SP or the Department
as a defendant in these circumstances, the CO is to take action as follows:

a. If it relates to common law claims for negligence, it should be sent to Directorate of

Business Resilience, Common Law Claims & Policy (DJEP CLCP) (see para J7.073).

b. If it relates to an Employment Tribunal (Industrial Tribunal in Northern Ireland), the

Originating Application (ET1/IT1) should be sent to the Ministry of Defence (APC Litigation
Wing) (see para 7.023).

c. For all other civil proceedings, a copy of the legal document is immediately to be sent
to DJEP CLCP. A full statement of the facts is to be sent with the legal document whenever
possible, but the forwarding of the document must not be delayed on this account. Further
action is to be taken only on the instructions of DBR CLCP.

d. See also Chapter 7, Part 4.

Employment Tribunals
7.023. SP (and civilian) personnel have certain rights to pursue complaints at Employment
Tribunals (Industrial Tribunals in Northern Ireland). However, SP are required to have made a
complaint on the same matter under the Service redress procedures and that complaint must not
have been withdrawn. The Service complaint process is detailed in JSP 8311. Before bringing an
Employment Tribunal claim the Service (or civilian) person must first have engaged the Advisory,
Conciliation and Arbitration Service (ACAS) which will offer Early Conciliation to try and help settle
the dispute without the need to lodge a tribunal claim. If that fails, however, the Service (or civilian)
person is required to arrange for an Originating Application (an ETI/IT1) to be issued at a Tribunal
Office. This sets out in detail the complaint and the remedy being sought, and will be sent to the
named Respondent, normally “the MOD”. The MOD has only 28 days from receipt of the ET1/IT1
to respond, so any application received by a unit must be sent immediately to the MOD APC
Litigation Wing. On receipt of the ET1/IT1 MOD APC Litigation Wing will arrange with the MOD’s
legal representative and C&L (F&S) Claims for the MOD’s Grounds of Resistance (the ET3/IT3) to
be issued.

7.024. Where the MOD accepts liability for the actions of its SP, it will legally represent
individual respondents. However, if the interests of the MOD and the named respondent(s) does
not coincide, a conflict of interest will be declared and, the MOD’s legal representative can no
longer represent the respondents whose interests are in conflict with those of the Department. In
such cases, the MOD will not arrange or pay for separate legal representation. Any legal
representation that SP may feel is necessary will be at their own expense.

1
Redress of individual grievances – Service complaints

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Civil Legal Proceedings involving an Individual’s Private Affairs 2

J7.025. For service of process see JSP 8303.

Legal advice or representation

J7.026. Since the actual or potential legal action relates to private affairs, the MOD will not
represent or pay for either legal advice or any subsequent legal representation. Legal advice and
assistance for SP in commands abroad may be available from Service lawyers under the terms of
their single Service regulations.

Attendance of Personnel at Civil Courts

J7.027. If, at a time when required to attend in person at a civil court in whatever capacity, the
SP concerned is (or expects shortly to be) under orders to proceed outside the UK or otherwise
outside the jurisdiction of the courts, they are to inform their CO without delay. The CO is
immediately to notify the facts to the higher authority. No assistance by way of payment of
expenses is to be made to an SP to appear before a civilian court where the matter is not duty
related.

J7.028. COs are reminded that, in the UK, a SP must attend court when summoned to do so.
If they do not attend, they may be prosecuted for contempt and action may also lie against anyone
who sought to prevent their attendance. The position is not necessarily the same for SP
summoned by foreign courts and COs should be guided by the appropriate legal advisers. It is
open to COs to ask the civilian authorities to adjourn a hearing, on the grounds that the date
chosen is particularly detrimental to the Service interest, but permission must nevertheless be
given for the SP to attend if the summons has not been cancelled by the time it falls due to be
answered.

7.029. Uniform may be worn by personnel attending court if it is deemed appropriate by the
CO. (See AGAI 59, Dress and Personal Appearance4 ),

7.030. For Jury service see JSP 7605 .

Legal Representation of Service Personnel facing Criminal Charges

J7.031. The MOD has no responsibility in law to provide legal representation for SP involved in
any criminal proceedings. The decision whether or not it should support SP in such circumstances
is one of Departmental policy. SP should be reassured, however, that they will not be abandoned
by the Department when their work takes them into difficult or unusual circumstances.

J7.032. In certain circumstances the MOD will consider paying for the defence of an SP
charged with a criminal offence, including payment for legal representation before and during
interview under caution. An SP in this position, either at home or abroad, may apply to the
Department for funding for legal representation. In considering such applications, the MOD will
have regard to the following:

a. Whether the alleged act was committed in the course of the SP’s employment/duties
and in accordance with any applicable regulations/instructions or orders (insofar as this can
be determined at the time);

2
No direct concern to the MOD.
3
Volume 1, Chapter 19.
4
Annex A, Para 7.
5
Regulations for leave and other types of assistance, Part 1, Paras 20.1 and 20.2.

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b. The implications for MOD policy, regulations, instructions (eg rules of engagement,
operational procedures) and other relevant interests (this would include proceedings before
international courts or tribunals);

c. The seriousness of the offence, the possible punishment and its impact on the SP’s
liberty and livelihood. (Departmental funding will not, as a general rule, be provided for those
criminal charges in domestic courts that fall outside of the legal aid scheme such as minor
driving offences.)

d. The apparent weight or strength of evidence against an SP is not relevant. The

decision to grant or refuse MOD funding of legal representation is taken by the Director C&L
(F&S), in conjunction with the MOD Legal Adviser and the appropriate single Service staffs.

J7.033. The presumption will be that the cost of defence will be borne by the MOD if the
alleged offence was committed in the course of the SP’s duties and the proceedings have
implications for Departmental policy, regulations and instructions (eg rules of engagement or
operational procedures) or other relevant interests. Where the MOD does not fund the legal
representation, SP will have to apply for legal aid (if available) under the normal rules of eligibility
or pay for their own representation.

a. (Army only) Cases that the CoC considers may qualify for legal support should be
passed to APSG, Conduct Branch.

Civil Criminal Legal Proceedings involving an Individual’s Private Affairs

J7.034. Legal Advice and/or Representation. See para J7.026.

Attendance of SP at Civil Criminal Courts

J7.035. When an SP is charged by a civil court in respect of a criminal offence relating to their
private affairs, they are to report the matter immediately to their CO in order that the necessary
arrangements may be made for their attendance at the court and for other relevant Service action
to be taken as prescribed in regulations. They are also to inform the CO if they intend, where
appropriate, to plead guilty by letter without appearing in court. See also para J7.027 and J7.028.
The SP must inform the CO of the outcome of the trial. They are also to inform the CO if they
intend, where appropriate, to plead guilty by letter without appearing in court.

Institution of Legal Proceedings on Behalf of the MOD

J7.036. The institution of legal proceedings on behalf of the MOD is to be undertaken only on
the authority of the Department.

Third Part Requests for Information for Legal Purposes

J7.037. Where the request relates either to an action or potential action to which the MOD is
not a party, or to criminal proceedings, the advice of C&L (F&S) Legal 1 is to be sought in the first
instance.

Witness Evidence
J7.038. SP may occasionally be asked to give evidence on a variety of matters. There are two
categories of witnesses: a witness of fact and an expert witness.

a. Witness of Fact. (This category includes both observers of an incident and individuals
who have knowledge of Service/MOD procedures.) The MOD has a duty to assist the Court

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in the giving of information likely to resolve the issues before it. It is quite permissible for a
witness to give such evidence as is required of them at a Court hearing, subject to any
security/sensitive considerations. The witness must stick to the facts and refrain from
proffering a personal view. Expressions of opinion must be avoided unless specifically
asked. The criteria to be used in nominating witnesses to attend Court to represent the MOD
regarding knowledge of Department procedures should be their suitability to answer the type
of questions likely to be asked and their experience.

b. Expert Witness. The role of an expert witness, acting in an official or private capacity,
is to assist the Court by presentation of their evidence, rather than to help either party to the
proceedings. This applies to both criminal and civil proceedings, regardless of which party
has asked the witness to appear. An expert witness should present their evidence with strict
regard to the truth, accuracy and completeness. If the Department is asked by a party to
litigation other than the Crown to provide an expert witness, the request should be declined -
unless the evidence required is peculiar to the MOD - on the grounds that it is not the
Department’s policy to supply expert evidence. The enquirer should be advised to seek
assistance from a professional consultant.

c. Further guidance can be obtained from Directorate of Safety and Claims.

Bail Provision Abroad

J7.039. Where SP charged with criminal offences in civil courts abroad can obtain release from
custody on providing bail, the senior Service officer in the command or territory or the CO of an HM
Ship may, if necessary, make advances from public funds in respect of the sum required for bail
and any incidental fees. Each case is to be considered on its merits, depending on the nature of
the alleged offence and the character of the SP concerned.

J7.040. The following conditions apply:

a. The SP concerned must be unable to find the money themselves or obtain it from any
other source.

b. There is to be no unreasonable risk that the recognisance might be forfeited.

c. The SP concerned is to sign an acknowledgement at the time when the bail is paid into
court that they have received the loan, which is repayable on demand, and that immediate
recovery may be commenced by deduction from their pay by instalments. They are also to
acknowledge that upon return of the bail money or any part thereof they will then pay such
money to the Service or such part thereof as may be required to repay the loan and in the
event of forfeiture of the bail the amount outstanding shall be immediately repaid, unless the
forfeiture was caused by reasons outside their control, in which case recovery should be by
monthly instalments over a period described in single Service regulations.

d. Action is to be taken by the CO of the SP concerned to ensure that the bail money is
duly handed over to the court authorities at the appropriate time and, whenever such
procedure permits, in the presence of the SP concerned.

e. The bail money must be paid to the court by or in the name of the SP concerned and
not in the name of the Service, the CO or any other person.

J7.041. Bail should only be advanced if it is in the interests of the Service that the SP
concerned be released from custody of the overseas court. Bail should not be advanced if there is
a likelihood of the SP’s discharge from the Service before the debt could be repaid.

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Affidavits and Statutory Declarations Abroad

J7.042. See JSP 8306.

Provision of other General Legal Advice on Civil Law and Proceedings

J7.043. When other legal advice on civil law and proceedings is required, the question should
be phrased as clearly as possible and supported by a concise statement of the facts of the case.
The request is to be sent to C&L (F&S) Legal 1, who will consult the Department’s legal advisers
as appropriate.

Inquiries into deaths

J7.044. See JSP 8327.

7.045 – 7.060. Reserved.

6
Volume 1, Chapter 22.
7
Guide to Service inquiries.

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PART 3 - LEGAL ASSISTANCE SCHEMES

Legal Assistance, including Legal Aid, for Individuals under Service

Arrangements
J7.061. Assistance in Criminal Matters. For all legal aid matters within the Service Justice
System, and for SP charged in overseas criminal court matters (under certain specific
circumstances) see JSP 8381.

7.062. Assistance in Non-Criminal Matters. The Royal Navy and the Directorate of Legal
Services (Royal Air Force) operate schemes for the assistance of SP and their families abroad.
Army Legal Assistance scheme no longer operates.

7.063. General. In certain situations, the MOD will consider paying for the defence of an
individual who is charged with an offence arising from an act committed in the course of the
individual’s employment or duties, and in accordance with any applicable regulations/instructions
or orders (insofar as this can be determined at the time2).

7.064. COs are to ensure that those under their command are acquainted with current
instructions on this subject. Save for those circumstances where the MOD will consider paying for
legal representation, COs are to sign-post those in need of legal assistance for criminal and non-
criminal personal legal matters to a civilian legal advisor in the appropriate jurisdiction without
delay3. The Service person will be required to fund legal representation privately.

7.065 – 7.070. Reserved.

1
The Armed Forces Legal Aid Scheme.
2
See J7.026 and JSP 838 Pt 2 Chapter 6 Section 4. Further information on the support available for Service personnel facing legal
proceedings can be found in 2017DIN01-042.
3
For legal issues where the jurisdiction is the UK, the Law Society in each of the respective jurisdictions (England & Wales, Scotland,
Northern Ireland) maintains a list of solicitors by location and subject area. For legal issues where the jurisdiction is outside of the UK,
guidance on local lawyers may be obtained from the Foreign and Commonwealth’s List of Lawyers Abroad
(https://www.gov.uk/government/collections/list-of-lawyers) or the appropriate local Army HQ.

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PART 4 - COMMON LAW CLAIMS AND COMPENSATION

(Sponsor: Directorate of Judicial Engagement Policy, Common Law Claims and Policy)

Introduction Sponsor: DJEP CLCP

J7.071. This part deals with claims at common law made against the MOD or its servants in
respect of damage to or loss of property and for personal injury or death caused or alleged to be
caused by the MOD or its servants. It also deals with common law claims brought by the MOD
against other parties. It does not deal with claims arising from purchase or other contracts, claims
for awards under Royal Warrant, Order in Council or Order of Her Majesty relating to disablement
or death, or claims and recoveries allowable under Departmental Regulations. Nor does it deal with
claims arising from Hirings and requisitions which are dealt with by DE&S.

Mutual Waiver of Claims Sponsor: DJEP CLCP

J7.072. Claims for compensation in respect of loss or damage, if received from or proposed to
be made against other Forces, other governments or other government departments, may be the
subject of a special agreement or mutual waiver and should be referred to the MOD DJEP CLCP
with all supporting documents before any action is taken.

Division of Responsibility Sponsor: DJEP CLCP

J7.073. Within the MOD responsibility for handling all common law claims lies with DJEP CLCP
and the appropriate Area Claims Officers overseas, except those types of claims handling which
have been contracted out to commercial claims handlers. Full details are given in Annex A(J) to
Chapter 3. Responsibility for handling claims arising from training and manoeuvres (except low
flying) within the UK, lies with the local Defence Infrastructure Organisation (DIO) office under
delegated authority from the Head of CLCP.

Method of Reporting Sponsor: DJEP CLCP

J7.074.

a. Traffic Accidents. Traffic accidents involving MOD vehicles are to be reported in

accordance with JSP 800, Vol 5, Road Transport Regulations.

b. Aircraft Accidents. Accidents involving Ministry of Defence aircraft are to be reported in

accordance with the following single Service instructions:

(1) RN: JSP 550.

(2) Army: JSP 550.

c. Maritime Accidents. Maritime accidents involving MOD ships and marine craft
accidents occurring on board such vessels whilst at sea or under way are to be reported in
accordance with the following single Service instructions:

(1) RN: Article 5928 for ships operated by the RN, including Royal Fleet Auxiliaries
and other ships or craft in the naval service.

(2) Army: Army Maritime Instructions for marine craft.

d. Hovercraft Accidents. Accidents involving MOD hovercraft are to be reported to DJEP

CLCP using special accident report forms (MOD Forms 95 and 95A).

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e. If at any time a compensation claim for death or personal injury, sustained in any
theatre and reported in accordance with the above procedures, is made or intimated by an
MOD employee whether Service personnel or United Kingdom Based Civilian (UKBC) Non
Industrial and Industrial Civil Servant, should be forwarded to, or the claimant be instructed to
write as, follows:

(1) Topmark Claims Management Ltd

160 Bath Street

Glasgow
G2 4TB

f. Any other claims against the MOD, arising from incidents occurring in the UK, resulting
in death or personal injury to third parties or loss or damage to property where it is alleged
that the MOD was negligent should be forwarded to:

(1) Ministry of Defence

DJEP CLCP
Level 3, Spine H & I
Main Building
Whitehall
London
SW1A 2HB

e-mail: [email protected]

g. Overseas Areas.

(1) When an incident occurs which results in injury to, or death of, or in loss of or
damage to the property of, Ministry of Defence locally employed civilian personnel
arising out of and in the course of their employment any claim should be submitted the
local civilian establishment branch or Claims Office in accordance with individual
theatre regulations. Any claim made by a local employee or third party at common law
should be sent to the appropriate Claims Office responsible for the country (see
Chapter 3, Annex A, Appendix 1).

(2) The appropriate Claims Office will handle claims resulting from injury to or death
of persons or animals, or in loss of or damage to property, other than those covered in
previous paragraphs.

h. Training and Manoeuvre Damage:

(1) In the United Kingdom any claims for damage occasioned to private property,
including livestock, during training and manoeuvres will be investigated and settled by
the local Defence Infrastructure Organization (DIO) office in accordance with the
delegated authority from the Head of CLCP.

(2) In overseas areas the local Area Claims Officer, where there is one, or DJEP
CLCP, manage training and manoeuvre damage claims.

Writs and Summons Sponsor: DJEP CLCP

J7.075. On receipt of a writ or summons naming a member of the Services as defendant in a

common law claim by a third party, or if other urgent matters arise in respect of any common law

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claim made against the MOD, it is to be reported immediately by telephone or other available
means to the appropriate authority.

General Sponsor: DJEP CLCP

J7.076.

a. Claims which fall within this section are to be negotiated and settled only by the
authorities mentioned, except where powers of settlement have been specifically delegated
by the Head of CLCP. All personnel are forbidden to enter into correspondence or
discussions with any person in connection with an incident likely to lead to a third party claim,
or to do anything which might be interpreted as an admission of liability.

b. New Civil Procedure Rules were introduced on 26 April 1999. The Rules significantly
change the way common law claims are handled, include pre-action protocols, and govern
the conduct of litigation. Any letter of claim (which will contain a clear summary of the facts
on which the claim is based, including allegations of negligence, and will include details of
any injuries suffered or financial losses incurred) received from a claimant, insurance
company, solicitor or other interested party is to be forwarded immediately to DJEP CLCP as
the appropriate authority, and no reply or acknowledgement whatsoever is to be sent to the
writer. Failure to meet the protocol requirements can lead to sanctions being imposed by the
courts. It follows that only DJEP CLCP may interpret what constitutes a letter of claim and
how an acknowledgement should be phrased.

c. Units, ships and establishments will be notified by a Claims Officer if any statement or
supplementary statement from a witness, or the attendance of such a witness is required.
Any request from a Claims Officer or insurer acting for the MOD to obtain such a statement
will be taken as referring solely to a statement required for claims purposes and not to one
for disciplinary purposes. The evidence of police and civilians required solely for disciplinary
purposes may, however, be obtained direct by the quickest possible means.

d. Units, ships and establishments are reminded that any requests made by Claims
Officers or the Department’s commercial Claims Handlers for additional information, which
may include Service Inquiry reports, Service police reports and unit enquiries, are made both
in the interests of the MOD and of the Service, and is for the purpose of ensuring that a claim
by or against the MOD, or the initiation of a claim, is properly considered. All personnel
should also be aware that legal proceedings are frequently served and Claims Officers are
frequently called upon to prepare a case for Court Hearing. All Claims Officers are obliged to
comply with the Rules of Disclosure and no information is disclosed without authority from
the appropriate authorising branch. Units, ships and establishments are therefore to comply
fully and promptly to such requests.

e. Personnel who receive claims for compensation addressed to them personally should
forward them to the MOD (DJEP CLCP) for handling and settlement. The MOD is liable in
law to pay compensation for negligent actions of its employees which they may have
committed in the course of their official duties, and there is no requirement for personnel to
purchase insurance to cover against being sued whilst at work. If, however, personnel
commit actions which are grossly outside the requirements of the service and which result in
injury or damage to property, they may be held personally liable and may have to pay
compensation themselves.

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Off Duty Claims Sponsor: DJEP CLCP

J7.077.

a. In the UK the MOD does not accept responsibility for claims against Service personnel
arising from off-duty incidents and claimants are expected to seek redress against the
individuals responsible for the injury or loss.

b. Overseas there is provision in certain international agreements (eg NATO Status of

Forces Agreement) for the MOD to consider claims arising from off-duty incidents on an ex
gratia basis and the MOD (DJEP CLCP) or the local Area Claims Office, as appropriate,
should be contacted when any such claim arises.

7.078 – 7.090. Reserved.

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PART 5 - INDEMNITIES
(Sponsor: Directorate of Judicial Engagement Policy, Common Law Claims and Policy)

General Sponsor: DJEP CLCP

J7.091. As a general rule, when a facility or service is granted to another party which does not
materially benefit the MOD, or where the balance of benefit is to the other party, steps should be
taken to ensure that the MOD is indemnified against risks which might arise. The purpose of an
indemnity (which is sometimes incorporated into an insurance policy, licence or contract) is to
transfer to another party the financial consequences of the Department's legal liability together with
any other expenses which may be incurred, and which would otherwise fall to be paid from funds
authorized by Parliament for Defence purposes. Instructions on the more typical circumstances in
which indemnities are required are given in this section.

J7.092. No amendment is to be made to an approved form of indemnity without the agreement

of the appropriate MOD authority.

J7.093. On occasions indemnities may be sought by other parties when facilities or services
are granted by them to the MOD. In such circumstances reference is to be made to the
appropriate MOD authority before any agreement is entered into.

J7.094. The MOD authorities to whom questions concerning indemnities should be referred
are:

a. (DJEP CLCP) - General policy for the Services.

b. DIO - Use of MOD land and property.

c. CLS – Repayment, MOD civilian and MOD(DE&S) matters.

d. D Commercial - Procurement contract matters.

Passengers in Service Transport Sponsor: DJEP CLCP

J7.095. Passengers whose carriage in Service transport is clearly in the interests of the MOD
may be regarded as ‘MOD sponsored’. Examples of MOD sponsored passengers are as follows:

a. Service personnel, MOD civilians and other Crown servants carried in the course of
duty.

b. Persons engaged in a MOD contract whose carriage is necessary to the contract.

(Such carriage should normally be subject to the conditions of the relevant contract).

c. Persons whose carriage is officially approved by DNR, DAR, or DofR(RAF) with a view
to future recruitment.

d. Persons carried in an emergency on urgent compassionate grounds.

e. Persons carried for public relations reasons which have been approved by DDC staff or
the relevant Front Line Command.

f. Representatives of the news media where their carriage is of public relations benefit to
the Services and where their carriage has been approved by DDC.

g. Families carried in vessels on Royal Navy Families Days.

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h. Representatives of the media where a charge representing the equivalent of full

commercial costs is raised against the employer or person concerned.

J7.096. Further instructions covering the carriage of passengers in Service vehicles are given
in JSP 800, Vol 5, Road Transport Regulations.

J7.097. Passengers whose carriage in Service transport is in relation to Repayment or Income

Generation activity must pay a charge which must include an insurance element in accordance
with the MOD Guidelines on Income Generation.

Visitors to Service Establishments Sponsor: DJEP CLCP

J7.098. No indemnity is required from persons wishing to enter Service establishments, units,
ships or other MOD premises in the course of duty, on approved business (eg for recruiting,
welfare, open days or other purposes connected with the Services) or in order to make bona fide
visits to persons serving in establishments, units, ships, etc. However, because the MOD may be
liable to pay compensation in the event of accidents occurring to visitors whilst on MOD premises,
action is to be taken, where this is practicable, to ensure that visitors are not exposed to any
obvious hazards. This is particularly important when visitors are in an unfamiliar environment such
as a ship, dockyard, workshop etc.

J7.099. Liabilities arising from visits by contractors' personnel will normally be covered in the
terms and conditions of the appropriate Defence contract.

Unofficial and Recreation Activities Sponsor: DJEP CLCP

J7.100. When approval is given for the use of Service facilities including transport (other than
road transport - see para J7.072) for unofficial or recreational purposes then an indemnity is
normally required.

J7.101. Reference should be made to the following instructions:

a. By non-Service organisations for activities such as dances, sports meetings, driver

training and testing, rallies etc. (See JSP 362, Defence Lands Handbook).

b. For civil flying, use of MOD airfields including civil participation in Open Day and At
Home air displays (See Use of Military Airfields by British and Foreign Civil Aircraft (formerly
JSP 360, Regulations for Civil Flying at MOD Airfields and charges for non-UK Military
Aircraft using MOD Airfields).

c. By Service clubs and Service personnel for unofficial activities. (See JSP 362, Defence
Lands Handbook).

J7.102. Further advice may be obtained from DJEP CLCP or from the appropriate DIO Office.

Testing and Evaluation of Commercial Equipment Sponsor: DJEP CLCP

J7.103. Where a commercial organization offers equipment to a Service establishment for

testing and evaluation with a view to furthering sales or in the hope of influencing subsequent MOD
procurement, it will usually be appropriate for the Department to seek an indemnity from the
supplier against accidents which might occur during or as a consequence of the trials. Indemnity
requirements will normally be included in a formal loan agreement, but in the absence of such an
agreement the establishment's finance officer is to be notified and D Commercial is to be consulted
as necessary.

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Use of MOD Property by the Media Sponsor: DJEP CLCP

J7.104. When MOD DDC staff are considering approval for representatives of the media to be
admitted onto MOD property for the purpose of producing feature films, documentaries or drama
series then advice on indemnities is to be sought from DJEP CLCP at an early stage. No
indemnity is required when representatives of the media are admitted onto MOD property for the
purpose of covering the normal activities of the Services, eg for news reports or similar. If any
doubt exists about the necessity for indemnification then DJEP CLCP is to be contacted.

Adventurous Training Expeditions Sponsor: DJEP CLCP

J7.105. Details of insurance requirements for adventurous training expeditions and a form of
indemnity for civilian participants are contained in AGAIs, Volume 1, Chapter 11. Further advice is
published in Defence Instructions and Notices.

Service Participation in Non Service Band Engagements, Air Displays etc

Sponsor: DJEP CLCP

J7.106. Service Bands. Reference should be made to JSP 813, Instructions for Service Bands
and Military Musicians for details of indemnity and insurance requirements which apply when
Service bands participate in engagements for the benefit of non-Service organisations, ie Category
II and Category IV engagements.

J7.107. Air Displays. Guidance can be found in the Military Aviation Authority (MAA)
Regulatory Publications (MRP) MAA Display Flying Handbook. The insurance requirement is
currently met by the MOD Third Party Aviation Liability Insurance Policy managed by DJEP CLCP.

Service Assistance to Outside Organisations Sponsor: DJEP CLCP

J7.108. Instructions governing particular occasions when Service personnel are required to
render approved forms of assistance to civil authorities and other outside organisations, together
with the relevant indemnity and insurance requirements, are contained in Military Aid to the Civil
Authorities – Joint Doctrine Publication, including peacetime emergencies and other assistance to
the civil community and DINs. (See also paras J11.001 – J11.008).

J7.109. Details of indemnity requirements for other types of assistance which are not covered
in this section may be obtained from the appropriate MOD authority given at para J7.094.

7.110 – 7.120. Reserved

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PART 6 - BIRTHS, DEATHS AND MARRIAGES

General
J7.121. A member of Her Majesty's forces is to report to their commanding officer as soon as
possible any change in their personal status category, including divorce, dissolution or separation,
and (except in the Royal Navy) any birth or death in their family. All reports are to be supported by
the relevant certificate or other official documents, which should be returned by the commanding
officer to the owner as soon as possible. All consequent changes in the name, address and
relationship of the nearest relative or friend are also to be reported. Any costs incurred in
connection with the registration of births, deaths and marriages are to be paid by the individual
concerned or their next of kin.

Adoption of Children
J7.122. Adoption of a child is to be reported in the same way as a birth and the commanding
officer is to be furnished with a copy of the adoption order or a certificate of the entry in the
adopted children's register. The same procedure is to apply when an interim order is made or
when the child of a member of Her Majesty's forces is adopted by some other person.

Marriages or Civil Partnership in the United Kingdom

J7.123.

a. The requirements of the law relating to the publication of banns or giving notice of
marriage or civil partnership and to the solemnization and registration of a marriage or a civil
partnership vary according to whether the marriage or civil partnership takes place in
England and Wales, in Scotland or in Northern Ireland. To ensure that they are aware of the
requirements of the law of the country in which they, or members of their families, intend to
marry or form a civil partnership, Service personnel are advised to consult their commanding
officer or chaplain.

b. Explanatory leaflets are published as follows:

(1) Marriage or Civil Partnership in England and Wales:

General Register Office
Smedley Hydro
Trafalgar Road
Southport PR8 2HH

(1) Marriage or Civil Partnership in Scotland:

The Registrar General
General Register Office
New Register House
Princes Street
EDINBURGH EH1 3YT.

(2) Marriage or Civil Partnership in Northern Ireland:

General Register Office
Oxford House
49-55 Chichester Street
BELFAST BT1 4HL

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Guidelines for the conduct of marriages in armed forces chapels

J7.124. Guidelines for the conduct of marriages in armed forces chapels can be found in
Annex C.

Marriages Outside the United Kingdom under the Foreign Marriage Acts
J7.125. The Foreign Marriage Acts 1892-1947 and the Foreign Marriage (Armed Forces)
Order 1964 provide for marriages to be solemnized and registered in any foreign territory by a
chaplain serving with any part of the armed forces of the Crown in that territory, or by an authorized
person. Relevant extracts from the Acts and the Foreign Marriage (Armed Forces) Order 1964 are
reproduced at Annex D to this Chapter.

J7.126. Annex E to this Chapter sets out the rules for the solemnization of marriages by
‘authorized persons'.

J7.127. Persons who wish to marry or enter a civil partnership under the provisions of the Acts
should obtain early advice in order to ensure that they may have sufficient time to comply with the
necessary formalities.

J7.128. Before a marriage can be solemnized under these Acts the chaplain or authorized
person must be in possession of a certificate signed by or on behalf of the senior officer of the
Service in the territory as prescribed by Article 3 of the Foreign Marriage (Armed Forces) Order
1964 - see Annex D to this Chapter. Before a civil partnership can be entered into the authorized
person must be in possession of a certificate signed by or on behalf of the senior officer of the
Service in the territory.

J7.129. A person wishing to be married or enter into a civil partnership must give notice to their
commanding officer with the following particulars regarding themselves and (so far as they are
within their knowledge) the other party to the marriage or civil partnership:

a. Full name.

b. Age.

c. Nationality.

d. Condition (bachelor, spinster, widower, widow, divorced, subject to dissolution).

e. If a member of the forces, full Service particulars (or, if a female as in Article 2 of the
Order, the exact employment held).

f. Home address, or if none, residence and names of next of kin.

g. Full name, address, rank and profession of father.

J7.130. After checking the particulars as far as possible from the records available to them, the
commanding officer is to ensure that the notice is endorsed with the name of the chaplain or
authorized person who is to officiate at the ceremony and forward it to the senior officer for
approval. When the senior officer has reached a decision on the application they will notify both
the applicant and the chaplain of their decision. If either of the parties is a minor the written
consent of the parents or guardian of the minor is to be forwarded with the notice or, if consent is
unobtainable, the reason is to be stated.

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Civil Registration of Births and Deaths in the United Kingdom

J7.131. When a member of Her Majesty's forces dies in the United Kingdom their commanding
officer is to ascertain whether the relatives have registered the death. If they have not they are to
notify the registrar or to ensure that notification is given by a convenient Service unit or
establishment.

J7.132. Personnel are themselves responsible for notifying to the local civilian registrar births and
deaths which occur in their families.

Service Registration of Births, Deaths and Marriages outside the United

Kingdom
J7.133. The Registration of Births, Deaths and Marriages (Special Provisions) Act 1957, and
the Service Departments Registers Orders 1959, 1963, 1988 and 2002 and Civil Partnership
(Armed Forces) Order 2005 made thereunder (relevant extracts from which are reproduced in
Annex F to this Chapter) provide for the registration of births, deaths and marriages and civil
partnership occurring outside the United Kingdom among members of the armed forces and
civilians serving or working with them, and the families of such persons, and of deaths and births
occurring on board Her Majesty's ships or aircraft. Registration under the Act is carried out in the
various overseas commands by Service registering officers appointed for the purpose by the
Defence Council. Copies or entries in registers are transmitted to General Register Office,
Overseas Registration Section, Smedley Hydro, Trafalgar Road, Birkdale, Southport PR8 2HH and
the Registrars General in England, Scotland and Northern Ireland keep them as ‘Service
Departments Registers'. Certified copies of such entries can thereafter be obtained from the
register office concerned.

J7.134. Registration under the provisions of the Act is not to be applied in respect of births,
deaths, marriages and civil partnerships occurring to locally engaged personnel or their families, or
to locally engaged servants, or to any persons who have no domicile in or connection with the
United Kingdom such as would justify entries in the records of the General Register Office.

Method of Registration
J7.135. Service personnel and civilians are responsible for ensuring the registration of their
own marriages or civil partnerships and of the births, deaths or marriages or civil partnership which
occur in their families (but see para J7.137). Notifications can be made either by personal
attendance of the registering officer or by a report on the appropriate form (ORS 1, ORS 2 or ORS
3) by a qualified informant (as specified on the reverse of the forms); after the form has been
attested by an officer or other qualified person it is to be sent by the informant to the registering
officer.

Registration in Special Cases

J7.136. Attention is drawn to the conditions applying to late registrations (ie more than 12
months after the date of a birth, death, marriage or civil partnership) and to the registration or re-
registration of births of legitimated children - see Annex F to this Chapter. Where it may be
necessary to presume death (or in other circumstances where there is no ‘qualified informant') no
registration is to be effected but full details are to be reported to the Ministry of Defence, who will
ask the Registrar General to authorize registration of the death. If they approve, they will give the
necessary authority to the Overseas Registration Section at the General Registration Office,
Southport. The late registration is then made in registers held by that office.

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Registration of Marriages or Civil Partnerships under the Foreign Marriage

Acts
J7.137. The officiating chaplain is responsible for initiating the registration of a marriage
solemnized under the provisions of the Foreign Marriage Acts. They are to forward Form ORS 2,
duly completed, to the registering officer. Thy are also to complete and hand to the parties to the
marriage Form ORS 15, which provides evidence of the fact of the marriage until such time as the
registering officer has issued a marriage certificate.

Local Registration of Births and Deaths outside the United Kingdom.

J7.138. In addition to the registration under the law of the United Kingdom (see paras J7.077
and J7.089) local registration as required by the law of the country or colony must be complied with
by Service personnel in respect of births and deaths occurring in their families. Commanding
officers are to ensure that the attention of all concerned is drawn to this requirement.

J7.139. On the death of a member of Her Majesty's forces or of a civilian serving or working
with the Forces as set out in the Schedule to Annex F to this Chapter (excluding those specified in
para J7.135 above), the commanding officer is to ensure that the necessary action is taken to
effect registration.

J7.140. The captain of one of Her Majesty's ships or the person in command of a Service
aircraft is to arrange for the registration of the death of any person whatsoever taking place on their
ship or aircraft (see also paras 7.085 – J7.087).

J7.141. In the case of a birth, marriage or a civil partnership the registering officer is to send a
certificate to the person concerned as soon as possible. In the case of a death, the certificate is to
be sent by the registering officer to the next of kin if residing in the territory. They are also to notify
Ministry of Defence (PS4(Army)(Casualty) of the action they have taken. If the next of kin is not
residing in the territory, the registering officer is to send the certificate to the Manning and Career
Management Support Division for officers or the Ministry of Defence (PS4(Army)) for soldiers.

Registration of Deaths on RAF Passenger Carrying Aircraft outside the United

Kingdom and outside its Territorial Waters
J7.142. Following the practice in civil aircraft accidents occurring outside the United Kingdom,
where all deaths on an aircraft are registered on one register by the Department of Trade, all
deaths (Service and civilian) on a RAF passenger carrying aircraft outside the United Kingdom and
outside its territorial waters will be registered by RAF PMA (Casework) Casualty under the Service
Departments Registers Orders.

J7.143. Deaths in the above cases should not be registered elsewhere (unless there is such a
requirement under local law).

J7.144. Deaths occurring overseas after an air accident, eg in hospital, are to be registered
either by a Service registering officer, if within a command theatre, or through consular channels.
Cases of doubt are to be referred to the appropriate consular authorities or to the Ministry of
Defence (DM(A)), eg citizens of the Irish Republic or of Commonwealth countries.

The British Nationality Act 1981

J7.145. The British Nationality Act 1981, which came into force on 1 January 1983, provides
that:

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a. Anyone born in the United Kingdom is a British Citizen by birth (see Note), if at least
one of their parents was then a British Citizen, or ‘settled in the United Kingdom' (ie neither a
tourist nor an illegal immigrant).

b. Anyone born abroad is a British Citizen by descent, if at least one of their parents was
then a British Citizen by birth.

c. Anyone born abroad, at least one of whose parents was then a United Kingdom Crown
servant recruited in the United Kingdom, is a British Citizen by birth (see Note).

d. A child born abroad to parents who, at that time, were both British Citizens by descent,
or where one parent was a British Citizen by descent and the other was an alien, is not a
British Citizen unless an application to register the child is made within 12 months of the birth
and the parents (or British parent) have previously lived in the United Kingdom for not less
than three years.

Note: In the Act the correct expression is ‘British citizen other than by descent' and it includes
those who have acquired that status through birth, adoption, naturalization or registration in
the United Kingdom.

J7.146. It follows therefore that para J0.145c gives an advantage to the children of servicemen
born abroad over those whose parents were not in Crown service at the time and it is in everyone's
interest to establish the fact of Crown service when registering the birth of a serviceman's child.
The commanding officer is to advise the father to take the following action on obtaining birth
certificates:

a. Obtain a Service's certificate of birth through a Service registering officer (see para
J7.133). These officers are located in overseas commands and Defence liaison staffs
attached to certain British embassies or high commissions. Such a certificate does not
constitute evidence that the child is a British Citizen.

b. Register the birth through a British consulate (in a foreign country) or a British high
commission (in a Commonwealth country). This will constitute evidence that the child is a
British Citizen. The parents will have to produce certain documentary evidence of their
citizenship and pay a registration fee. High Commission registration is possible in most, but
not all, Commonwealth countries. If the father fails to obtain this registration shortly after the
birth of the child they will be faced with proving its citizenship at a later date, probably in the
United Kingdom, where similar documentary evidence and payment will be required, and the
Services certificate will become very important.

Burial in the United Kingdom following Death aboard a Ship or Aircraft

J7.147. When, following a death aboard a ship or aircraft outside territorial waters or in an
aircraft while airborne over the United Kingdom (in which case the death is registerable under the
Service Departments Registers Orders), the body is landed for burial:

a. In England or Wales - it is necessary to apply to the Registrar for the sub district in
which burial is to take place for a certificate of no liability to register; this certificate must be
produced for the purpose of burial; but if (under para J7.024) an inquest into the death is to
be held, the authority for burial will be the disposal certificate issued by the coroner.

b. In Scotland or Northern Ireland - no such certificate is required but the keeper of the
burial-ground must be satisfied that death occurred outside the United Kingdom; the
authorities in para J7.123b should be consulted if cremation is proposed or any difficulty
arises.

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Removal of Cadavers out of, or into England or Wales

J7.148.

a. Where it is intended to remove the body of a deceased person out of England or Wales
for disposal in Scotland, Northern Ireland, the Irish Republic, the Isle of Man, the Channel
Islands or any foreign country, dominion or colony, notice of such intention must be given by
the person effecting the removal to the coroner within whose jurisdiction the body is lying.
The body must not be taken out of the country before the expiration of four clear days after
the day on which the notice was received by the coroner, unless the coroner has previously
stated that they do not intend to hold an inquest. Forms on which the notice to the coroner
should be given may be obtained from the registrar of births and deaths.

b. In the event of the removal of the body of a deceased person into England or Wales for
disposal application should be made by the person effecting the disposal to the registrar of
births and deaths of the sub district in which it is intended to dispose of the body for a
certificate of no liability to register, and this certificate must be produced at the burial. This
procedure will also apply when a death occurs on board ship and the body is brought ashore
for burial.

Service and Private Funerals

J7.149.

a. The term ‘Service funeral' means a burial or cremation which is arranged by the
Service authorities and which is paid for out of public funds.

b. A Service funeral may be provided for an officer, rating, soldier or airman who dies
while in receipt of full pay or for one who ceases to be entitled to full pay while undergoing
treatment as an in-patient in a hospital and who dies without leaving the hospital. If
practicable, the relatives are to be offered the alternative of themselves arranging a private
funeral. A Service funeral, or a grant towards the expenses of a private funeral, may also be
provided for other categories of personnel as defined in Regulations for Army Allowances
and Charges (AC 10).

c. The wishes of the next of kin about funeral arrangements are to be obtained as
prescribed in Casualty Procedure 2000 (AC 12974).

d. Funerals of members of the families of Service personnel are the responsibility of the
officer or soldier concerned. In the case of deaths in countries abroad, however, certain
assistance may be granted as laid down in Casualty Procedure 1995 (AC 12974).

e. When an individual who is eligible for a Service funeral dies while they are serving with
a Service other than their own, the commanding officer of the unit with which they are serving
at the time of death should, whenever practicable, get in touch with the parent unit in order
that suitable funeral arrangements can be agreed. If necessary, they may accept the
responsibility of carrying out the funeral.

f. The regulations regarding the provision of funeral honours are contained in paras
8.116 – 8.122.

g. (Army only). Provided that it is the wish of the next of kin a Service representative may
attend at public expense in the United Kingdom the privately arranged funeral of a Regular
Army officer or soldier.

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Repatriation of Bodies of Servicemen and Servicewomen

J7.150. Repatriation of bodies of UK service personnel (service and civilian) is to be carried out
in accordance with extant operational orders (see JSP 751 para 0924). These operations describe
the levels of activity required in accordance with direction from the chain of command, covering
routine repatriation, the repatriation of those killed in action, and a national ceremony as
appropriate. The regulations relating to coffin dressing are at para J8.123.

7.151 - 7.170. Reserved.

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PART 7 - WILLS

General
J7.171. The recommended methods of making a will which are available are articulated in
2018DIN01-0911 but are summarized as follows:

a. As for Civilians.

(1) By drawing up a will on expert advice.

(2) By using one of the printed forms which can be purchased.

(3) By writing a simple will on a sheet of paper.

b. Methods available to SP only.

(1) Use of MOD Form 106 (see para J7.174).

(2) In exceptional circumstances, as stated in para J7.176.

J7.172. Subject to the exceptions stated in para J7.176, the laws which apply to the making of
wills by civilians apply to the making of wills by members of the armed forces. The laws for
England, Wales and Northern Ireland differ from those for Scotland and other parts of the world.
SP domiciled outside these countries, or who are not British subjects, and who wish to make a will
are advised to obtain legal advice from a civilian lawyer to ascertain the procedure which must be
followed and the formalities which must be observed. Persons under the age of 18 years cannot
make a will under the law applicable to England, Wales and Northern Ireland. Persons domiciled
in Scotland may, however, make a will at the age of 14 years.

Duties of COs
J7.173. The MOD does not mandate which method is used, or that a will be made. However, it
is the responsibility of COs to ensure that their SP are both encouraged and provided with the
opportunity to complete a will. SP making a will should be advised that if for any reason they
afterwards wish to change the distribution of their estate they should make a fresh will. In addition,
COs are to remind SP that it may be desirable to make a will (or a fresh will) on any alteration of
marital status or change of NoK and that it is desirable to make a will before proceeding overseas.
They should point out that if no will is made the estate (including money, balance of pay and
personal belongings) must be distributed in the event of death according to the laws of the country
of domicile governing intestate estates, which may result in the estate having to be distributed in a
way which the deceased would not have wished, and that the nomination of a NoK does not take
the place of a will.

7.174. Army SP that refuse to complete a will are to complete a JPA Form N006, which is to
be retained by unit Pers Admin staff in the SPs AF B9999 or Ops Wallet.

Making of Wills
J7.175. Units should ensure that they hold sufficient quantities of the pre-printed will forms
(MOD Form 106) and envelopes (MOD Form 106A). The attention of SP using this form should be
drawn to the notes on the reverse side of the form and 2018DIN01-091.

1
Tri-Service Arrangements for the Administration of Service Wills

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7.176. SP may make their own arrangements for drawing up a will if they prefer to do so and
SP should seek the aid of a solicitor.

J7.177. SP, including those under 18 years of age, may be able to make informal unwitnessed
wills, usually during war time, but in the interests of their beneficiaries they should make a formal
will at the earliest opportunity.

J7.178. SP serving in the UK should be advised to seek the aid of a solicitor.

Custody of Wills
J7.179. Completed wills should not be kept with personal belongings but should be deposited
in safe custody. The MOD does not mandate where any will is stored, but SP are able to store
their wills at the DBS Document Handling Centre in Glasgow free of charge. This facility is
available both for wills created using the MOD Form 106 template and those created privately.
Stored wills may be replaced with new wills at any time or, on request, returned to testator (writer
of will) without replacement. The process for submitting the will is contained within 2018DIN01-
091.

J7.180. If this option is taken unit Pers Admin staff are to record the despatch of the will to APC
on JPA. Upon receipt of the will, APC will update JPA to reflect the date of receipt. Alternatively, a
SP can make their own arrangements for custody.

7.181 - 7.200. Reserved.

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PART 8 - THE LAW OF ARMED CONFLICT

Prevention, Reporting and Investigation of Breaches of the Law of Armed

Conflict
J7.201.

a. It is the duty of all ranks to:

(1) Abide by the law of armed conflict.

(2) Do all in their power to prevent any breaches taking place.

(3) Upon becoming aware of an allegation of any breach of the law of armed conflict,
report the circumstances to their commanding officer.

b. The commanding officer, upon receipt of any such allegation of a breach of the law of
armed conflict, is to report it to their higher authority and ensure that it is thoroughly
investigated without delay. Normally the Royal Military Police are to be tasked to conduct the
investigation.

7.202 - 7.230. Reserved.

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Intentionally blank

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ANNEX A TO CHAPTER 7

Reserved

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Intentionally blank

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ANNEX B(J) TO CHAPTER 7

STATUTORY INSTRUMENT No 1203 of 1965

OVERSEAS TERRITORIES
(Para 7.015 Refers)
The United Kingdom Forces (Jurisdiction Of Colonial Courts) Order 1965

Made 1st June 1965

Laid before Parliament 9th June 1965
Coming into Operation 10th June 1965
At the Court of Buckingham Palace, the 1st day of June 1965
Present,
The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers by section 112 of the Government of India Act
18331 (a), the British Settlements Acts 1887 and 1945 (b), the Foreign Jurisdiction Act 1890 (c) or
otherwise in Her Majesty vested or reserved to Her in pursuance of the British Guiana Act 1928 (d)
or the West Indies Act 1962 (e), is pleased, by and with the advice of Her Privy Council, to order,
and it is hereby ordered, as follows: -

Citation and Commencement

1. This Order may be cited as the United Kingdom ‘Forces (Jurisdiction of Colonial Courts)
Order 1965 and shall come into operation on 10th June 1965.

Application and Interpretation

2.
(1) This Order shall apply to each of the territories specified in the Schedule to this Order
and in its application to any territory references in this Order to ‘the Territory' mean that
territory.

(2) In this Order

‘coroner' means any person or authority having jurisdiction under the law of the Territory to
hold inquests;

‘court of the Territory' means a court exercising jurisdiction in the Territory other than a
service court;

‘dependant' in relation to any person means any of the following –

(a) The wife or husband of that person; and

(b) Any other person wholly or mainly maintained by them or in their custody, charge
or care;

‘Governor' in relation to Basutoland means the British Government Representative and in

relation to any other territory the officer for the time being administering the government of
the territory;

1
(a) 3& 4 Will. 4. c.85. (b) 50 & 51 vict. c. 54 and 9 & 10 Geo. 6. c. 7. (c) 53& 54 Vict. c. 37. (d) 18 & 19 Geo. 5. c. 5. (e) 10 & 11 Eliz. 2.
c. 19.

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‘Her Majesty's forces' means the naval, military or air forces of Her Majesty in right of Her
Government in the United Kingdom but does not include a force raised under a law enacted
by the legislature of the Territory;

‘law of the Territory' means law for the time being in force in the Territory or any part thereof;

‘service court' means an officer or court exercising jurisdiction under the Naval Discipline Act
19572(a), the Army Act 1955(b) or the Air Force Act 1955(c) and includes a confirming officer
or reviewing authority under any of those Acts.

(3) In this Order a reference to the holder of an office by the term designating their office
shall be construed as including, to the extent of their authority, a reference to any person for
the time being authorized to exercise the functions of that office.

(4) The Interpretation Act 1889 (d) shall apply, with the necessary adaptations, for the
purpose of interpreting this Order and otherwise in relation thereto as it applies for the
purpose of interpreting or in relation to Acts of the Parliament of the United Kingdom.

(5) References in this Order to a member of a civilian component of any of Her Majesty's
forces are references to persons (being persons subject to the jurisdiction of a service court)
of any such description as may be prescribed by order made by the Governor of the
Territory.

(6) References in this Order to a person's having at any time a relevant association with
Her Majesty's forces are references to their being at that time a person of one or other of the
following descriptions, that is to say –

(a) A member of Her Majesty's forces or a member of a civilian component of any of

those forces;

(b) A person who is a dependant of any such member.

(7) References in this Order to any law are references to that law as from time to time
amended or extended by or under any other law.

(8) In the exercise of the powers conferred upon them by this Order the Governor shall not
be obliged to obtain the advice of or otherwise to consult with any other person or authority in
the Territory.

Restriction of Trial of Service Offenders by Courts of Territory

3.

(1) Subject to the provisions of this section, a person charged with an offence against the
law of the Territory shall not be liable to be tried for that offence by a court of the Territory if
at the time that the offence is alleged to have been committed they were a member of Her
Majesty's forces or a member of a civilian component of any of those forces and –

(a) the alleged offence, if committed by them, arose out of and in the course of their
duty as a member of Her Majesty's forces or a member of that civilian component, as
the case may be; or

2
a) 5 & 6 Eliz. 2. c. 53. (b) 3 & 4 Eliz. 2. c. 18. (c) 3 & 4 Eliz. 2. c. 19. (d) 52 & 53 Vict. c. 63.

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(b) the alleged offence is an offence against the person, and the person or, if more
than one, each of the persons in relation to whom it is alleged to have been committed
had at the time thereof a relevant association with Her Majesty's forces; or

(c) the alleged offence is an offence against property, and the whole of the property
in relation to which it was alleged to have been committed (or, in cases where different
parts of that property were differently owned, each part of the property) was at the time
thereof the property either of a department of the Government of the United Kingdom
or of some other authority of the United Kingdom or of Her Majesty's forces or of the
Navy, Army and Air Force Institutes or of any other institution or organization operating
for the benefit of Her Majesty's forces that is prescribed by order of the Governor of the
Territory or the property of a person having such an association as aforesaid.

(2) Noting in subsection (1) of this section –

(a) shall prevent a person from being tried by a court of the Territory in any case
where a certificate is issued by or on behalf of the Governor, either before or in the
course of the trial, that the officer commanding Her Majesty's forces in the Territory has
notified the Governor that it is not proposed that the case should be dealt with by a
service court; or

(b) shall affect anything done or omitted in the course of a trial unless in the course
thereof objection has already been made that by reason of that subsection the court is
not competent to deal with the case; or

(c) shall, after the conclusion of a trial, be treated as having affected the validity
thereof if no such objection was made in the proceedings at any stage before the
conclusion of the trial.

(3) In relation to cases where the charge (by whatever words expressed) is a charge of
attempting or conspiring to commit an offence, or of aiding, abetting, procuring or being
accessory to the commission of an offence, paragraphs (b) and (c) of subsection (i) of this
section shall have effect as if references in those paragraphs to the alleged offence were
references to the offence which the person charged is alleged to have attempted or
conspired to commit or, as the case may be, the offence as respects which it is alleged that
they aided, abetted, procured or was accessory to the commission thereof; and references in
those paragraphs to persons in relation to whom, or property in relation to which, the offence
is alleged to have been committed shall be construed accordingly.

(4) Nothing in this section shall be construed as derogating from the provisions of any law
of the Territory restricting the prosecution of any proceedings or requiring the consent of any
authority to the prosecution thereof.

(5) The Governor of the Territory may by order prescribe the offences against the law of
the Territory which shall respectively be offences against the person and offences against
property for the purposes of this section.

(6) Nothing in this section shall be construed as precluding a court of the Territory from
trying any person for an offence against the law of the Territory in respect of which they
have, before the date on which this Order was made, been charged before a court of the
Territory.

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Courts of Territory not to try Offences tried by Service Courts

4. Without prejudice to the provisions of section 3 of this Order, where a person has been tried
by a service court they shall not be tried for the same crime by a court of the Territory.

Saving of Powers of Arrest, etc

5. Nothing in section 3 or 4 of this Order shall affect -

(a) any powers of arrest, search, entry, seizure or custody exercisable under the law of the
Territory with respect to offences committed or believed to have been committed against that
law; or

(b) any obligation of any person in respect of a recognisance or bail bond entered into in
consequence of their arrest, or the arrest of any other person, for such an offence; or

(c) any power of any court to remand (whether on bail or in custody) a person brought
before the court in connection with such an offence.

Coroners' Inquests
6.
(1) If any coroner having jurisdiction to hold an inquest touching a death is satisfied that
the deceased person at the time of their death had a relevant association with Her Majesty's
forces, then, unless the Governor otherwise directs, the coroner shall not hold the inquest or,
if the inquest has been begun but not completed, shall adjourn the inquest.

(2) Subject to the provision of subsection (i) of this section, if on an inquest touching a
death the coroner is satisfied –

(a) that a person who is subject to the jurisdiction of a service court has been
charged before a service court with the homicide of the deceased person, whether or
not that charge has been dealt with; or

(b) that such a person is being detained by an authority of the United Kingdom with a
view to being so charged, then, unless the Governor otherwise directs, the coroner
shall adjourn the inquest.

(3) Where an inquest is adjourned under this section, the coroner shall not resume it
except on the direction of the Governor.

(4) Where an inquest is adjourned under this section, the jury (if any) shall be discharged;
and if the inquest is resumed the coroner shall proceed in all respects as if the inquest had
not previously been begun except that any requirements to view the body shall not apply.

Evidence
7.

(1) For the purposes of this Order a certificate issued by or on behalf of the officer
commanding Her Majesty's forces in the Territory, stating that at a time specified in the
certificate a person so specified either was or was not a member of Her Majesty's forces
shall in any proceedings in any court of the Territory be sufficient evidence of the fact so
stated unless the contrary is proved.

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(2) For the purposes of this Order a certificate issued by or on behalf of the officer
commanding Her Majesty's forces in the Territory, stating as respects a person specified in
the certificate, -

(a) that they have been charged before a service court with the homicide of a
deceased person or is detained in custody by an authority of the United Kingdom with a
view to being so charged; or

(b) that they have been tried, at a time and a place specified in the certificate, by a
service court for a crime so specified, shall in my proceedings in any court of the
Territory be conclusive evidence of the facts so stated.

(3) Where a person is charged with an offence against the law of the Territory and at the
time when the offence is alleged to have been committed they were a member of Her
Majesty's forces or a member of a civilian component of any of those forces, a certificate
issued by or on behalf of the officer commanding Her Majesty's forces in the Territory, stating
that the alleged offence, if committed by them, arose out of and in the course of their duty as
a member of Her Majesty's forces or that component, as the case may be, shall in any such
proceedings as aforesaid be sufficient evidence of that fact unless the contrary is proved.

Revocation
8. Subsections (3) and (4) of section 2 of the British Guiana (United Kingdom Forces) Order
19643(a) are revoked.

N.E. Leigh.

3
(a) S.I. 1964/1193 (1964 II, p. 2771).

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The Schedule

Anguilla
British Antarctic Territory British Indian Ocean Territory Cayman Islands
Falkland Islands (Colony and Dependencies) Gibraltar
Hong Kong
Pitcairn, Henderson, Ducie and Oeno
St Helena
Turks and Caicos Islands
Virgin Islands

Explanatory Notes
(These Notes are not part of the Order.)

J.1. This order makes provision withdrawing the jurisdiction of the civil courts of certain colonial
territories to try members of Her Majesty's forces, or of a civilian component of those forces, for
offences against the law of the territory committed whilst on duty and for certain offences
committed whilst off duty.

2. (Army only). Subsequent to the issue in 1965 of the Schedule to the Statutory Instrument,
certain territories have been granted independence and they are not therefore listed above. British
Indian Ocean Territory was added to the Schedule by the Order in Council of 21 July 1985.

3. Anguilla and Virgin Islands added with effect from 14 March 1990 by Order in Council dated
14 February 1990 (Statutory Instruments 239 and 240 of 1990).

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ANNEX C(J) TO CHAPTER 7

GUIDELINES FOR THE CONDUCT OF MARRIAGES IN ARMED FORCES

CHAPELS
(Para J7.096 Refers)

Introduction
J1. Marriages in England and Wales take place under the provisions of the Marriage Act 1949.
This legislation allows certain buildings to be certified as Armed Forces Chapels for the purposes
of conducting marriages, which in turn determines who may marry in such chapels and how such
marriages may be conducted. Most places of worship on the defence estate are armed forces
chapels. The term “chapel” is used here, reflecting the legislation, although the building may more
usually be known as a church or otherwise.

J2. This guidance is provided primarily for those who may be considering getting married in an
armed forces chapel. In particular, it clarifies who may preside at a marriage in an armed forces
chapel and the role of the Service chaplain, which has not previously been set out in regulations or
guidance, and the procedures to be followed. It also outlines the different arrangements which
apply to opposite sex and same sex marriages.

J3. Marriages conducted in Scotland and Northern Ireland are subject to separate legislation and
therefore different arrangements apply (see below paras 19/20). In addition, in certain
circumstances, marriages and civil partnerships may take place under MOD auspices overseas
(see paras 21/22).

Eligibility to Marry
J4. The Marriage Act 1949 provides (under Section 68) that a person may marry in an armed
forces chapel if he or she:

a. is serving in any of the regular armed forces of the Crown; or

b. has served in any of the regular armed forces of the Crown (otherwise than with a
commission granted or under an engagement entered into only for the purpose of a war or
other national emergency); or

c. is serving as a member of the Reserve Forces on a mobilised or FTRS basis; or

d. is a daughter, son, step-daughter or step-son of a person qualified under sub-paras (i)

to (iii).

J5. For marriage according to the rites of the Church of England, the following residency criterion
applies:

the person concerned would be entitled to marry in the parish church of the parish in which
the military chapel lies; (ie the person concerned lives in the same parish as the chapel).

If neither party has residential qualification in the civilian Parish, then an application must be made
for the issue of a Special Licence. It should be noted that the issue of an Archbishop’s Special
Licence is not automatic.

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Opposite and Same Sex Marriage

J6. The Marriage (Same Sex Couples) Act 2013 amended the Marriage Act 1949, so that it
covers the marriage of both opposite and same sex couples. As of 3 Jun 14, it can be lawful for a
same sex marriage to take place in an armed forces chapel. Nevertheless, special arrangements
apply to the marriages of same sex couples: see Appendix 1.

The Role of the Service Chaplain

J7. Most armed forces chapels form an integral part of the defence estate and fall under the
overall responsibility of the Commanding Officer / Head of Establishment. In general, day-to-day
responsibility for the use of the chapel will be delegated to a Service chaplain. In larger units,
responsibility may be shared between a number of chaplains.

J8. A chaplain’s authority to solemnise a lawful marriage in an armed forces chapel does not
derive from their posting to a unit in that location. It derives from their appointment as an
“authorised person” by the Secretary of State. Authorisation is specific to a particular chapel
(although a person may be authorised for more than one chapel). Appointment is by means of a
letter, signed on behalf of the Secretary of State by a Head of Chaplaincy of the armed forces or
their representative. To ensure that the authorisation is correctly carried out and duly recorded, the
letter is transmitted to the authorised person through the General Register Office.

Who May Solemnise a Marriage

J9. It is MOD policy that a marriage in an armed forces chapel should be solemnised by a
chaplain who is authorised for that chapel. A couple who wish to get married in an armed forces
chapel can normally assume that the resident or unit chaplain will fulfil that requirement; they do
not need to make specific enquiries in that regard (NB: that assumption should not be made for a
marriage of a same sex couple; see Appendix 1).

J10. Any exception to that policy requires the agreement of the Head of Chaplaincy of the relevant
Service (this requirement to be reflected in Queen’s Regulations in due course). Exceptions may
be considered in the following circumstances:

a. non-availability of an authorised chaplain. Examples of where this could arise include

gapped posts, deployments, leave, or sickness absence.

b. denomination. A couple may wish to marry using the rites of a Christian religious
denomination which is different from that of the authorised chaplain.

c. personal preference. A couple may have strong personal reasons why they would wish
to be married by a particular minister (eg a relative or a chaplain from a different unit).

d. matters of conscience. Where the authorised chaplain does not wish to solemnise the
marriage for reasons of conscience (eg where the marriage involves a divorcee). Special
considerations apply to same sex marriage – see Appendix 1.

J11. It should be noted that additional flexibility arises from the ability of more than one minister to
attend a marriage service. For example, the requirement for the authorised chaplain to be present
does not prevent another minister (such as a friend of the couple, or a minister of a different
denomination) taking a leading role in the religious service. The authorised chaplain must retain
responsibility for the registration of the marriage. It will be at the discretion of the authorised
chaplain to agree to such arrangements, and couples who envisage using them are advised to
make early contact. However this approach is preferred for the situations described at paras 10
(b) and (c) above, and avoids the need for an exception to be approved.

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J12. If a couple do wish to seek an exception to the policy that the authorised chaplain should be
present, an application must be made to office of the relevant Head of Chaplaincy, normally at
least 6 months before the preferred date for the marriage, to allow time for the necessary
administration to be completed. A couple may either nominate a chaplain or other minister of
religion who they wish to solemnise their marriage, or ask the Chaplaincy Department to appoint a
suitable person. The Head of Chaplaincy has complete discretion to decide whether a minister
nominated by the couple would be an appropriate appointee. It should be noted that a minister of
a Christian denomination which does not provide Chaplains to the Armed Forces will not be
permitted to solemnise a marriage in an armed forces chapel.

J13. Applications should be addressed to the relevant Head of Chaplaincy (dependent on the
parent Service for the Establishment) as follows:

Chaplain of the Fleet

Navy Command HQ
MP 1.2 Leach Building
Whale Island
Portsmouth
Hants PO2 8BY

Chaplain General HM Land Forces

MOD Chaplains (Army)
HQ Land Forces
2nd Floor, Zone 6
Ramillies Building
Marlborough Lines
Monxton Road
Andover
Hants SP11 8HJ

Chaplain-in-Chief (RAF)
Chaplaincy Services (RAF)
HQ AIR Command
RAF High Wycombe
Bucks HP14 4UE

J14. Should the Head of Chaplaincy agree that a marriage may be solemnised by a minister other
than the authorised chaplain, their office will arrange for the necessary authority to be issued. It
should be noted that although there are two categories of persons who can lawfully solemnise a
marriage in an armed forces chapel without the need for further authority1, it is not MOD policy to
permit this, except by the process outlined above of application to the Head of Chaplaincy.

Civil Marriage, Religious Marriage and Civil Partnership

J15. Only marriages using the authorised rites of a Sending Church may take place in an armed
forces chapel. It is unlawful for a civil marriage or a civil partnership to be concluded in an armed
forces chapel.

J16. Couples who enter a civil marriage or civil partnership elsewhere, but wish to have their
marriage/partnership marked by a blessing or other ceremony in an armed forces chapel, may
apply to the Service chaplain responsible for that chapel for permission to do so. The chaplain
may only perform such a ceremony if to do so would be in accord with the practice of his/her

1
These categories are (1) a minister of religion who is licensed/authorised to conduct a marriage in a different place of worship, which is
within the same registration district as the armed forces chapel; and (2) a civilian registrar for that same registration district.

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denomination. However, notwithstanding any denominational approval for such a ceremony, the
chaplain would retain the right to refuse to conduct such a ceremony as directed by his/her
conscience in the matter.

J17. Armed forces’ chapels are dedicated and set aside as places for Christian worship only.
They cannot be used as venues for marriages conducted according to the practice of other faiths.

J18. Buildings other than places of worship can be licensed by local authorities for the conduct of
civil marriages and civil partnerships. Whilst there is no reason in principle why a building on the
Defence Estate could not be licensed in this way, the criteria for licensing are unlikely to be
satisfied in terms of unrestricted public access. There are accordingly no plans for any defence
building to be so licensed.

Scotland
J19. Under Scottish law, there is no separate registration of buildings for purposes of marriage.
Personnel who wish to marry in a military chapel in Scotland should seek advice from the unit
Chaplain or chain of command.

Northern Ireland
J20. Personnel who wish to marry in Northern Ireland should seek advice from the unit Chaplain
or chain of command. It should be noted that the marriage of same sex couples is not lawful in
Northern Ireland.

Overseas Marriage
J21. The Marriage Act 1949 allows members of the Armed Forces, civilians subject to service
discipline, and their children, to enter into a civil or a religious marriage overseas under the
provisions of UK legislation. With effect from 3 Jun 14, the procedures applying to such marriages
will depend on the part of the United Kingdom in which the couple wish their marriage to be
registered. Marriages to be registered in England & Wales, or Scotland, will take place under the
provisions of The Overseas Marriage (Armed Forces) Order 2014. These revised arrangements
will be reflected in Standing Orders. Marriages to be registered in Northern Ireland, which must be
opposite sex marriages, will take place under the provisions of The Foreign Marriage (Armed
Forces) Order 1964.

J22. Couples wishing to marry overseas, including same sex couples, should in the first instance
contact their chain of command or Service chaplain for more detailed information on the
procedures to be followed. There is no separate registration of buildings for purposes of marriage
overseas.

Appendix:

1. Arrangements For Marriages Of Same Sex Couples

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APPENDIX 1(J) TO ANNEX C(J) TO CHAPTER 7

ARRANGEMENTS FOR MARRIAGES OF SAME SEX COUPLES

J1. The arrangements for the marriage of a same sex couple (MSSC) differ from that of an
opposite sex couple in two key areas:

a. The registration of an armed forces chapel for same sex marriages;

b. The appointment of an authorised person to solemnise a same sex marriage.

Registration of Chapels
J2. There is no automatic registration of armed forces chapels for the purposes of MSSC. The
Secretary of State has powers under section 5 of the Marriage (Same Sex Couples) Act 2013 to
apply for chapels to be registered, and the Marriage of Same Sex Couples (Use of Armed
Forces’ Chapels) Regulations 2014 lay down the procedures relating to this function.

J3. A same sex couple who wish to marry in an armed forces chapel must either use a chapel
which is already registered for MSSC, or apply for a different chapel to be registered. The process
for such an application is set out in the attached flow chart. Couples are strongly advised not to
enter into any commitments relating to the marriage until a decision has been made on whether or
not an application for registration will be made. Every effort will be made to reach a decision within
6 weeks of the application.

J4. Same sex couples wishing to marry should note two points in particular. First, it is their
responsibility to initiate the process which could lead to registration of an armed forces chapel for
MSSC. Second, the procedures for appointing an authorised person, set out in more detail below,
reflect the legal requirement that not only must the minister of religion be willing to be present, but
the governing authorities of the relevant religious organisation must have “opted in” to MSSC and
to have signified this in writing. At the time of publishing this guidance (Jun 14), none of the
denominations which provide Chaplains to the Armed Forces (the Sending Churches) have opted
in to MSSC. Unless and until such time as one of the Sending Churches decides to opt in to
MSSC, no application to register an armed forces chapel for same sex marriage will be approved.

J5. The remainder of this guidance should therefore be read as applying if, and when, one of the
Sending Churches opts in to MSSC. The nominated MOD office, to which an application for an
armed forces chapel to be registered for MSSC should be addressed, is as follows:

DCL-Legislation
Defence Personnel Secretariat
Zone 6K
Main Building
Whitehall
London SW1A 2HB

Appointment of Authorised Persons

J6. Section 43B of the Marriage Act 1949 deals with the authorisation of persons to be present
at marriages of same sex couples in an armed forces chapel in England and Wales which is
registered for such marriages. The process for appointing an authorised person is essentially the
same as that for opposite sex marriages, but is quite separate. It should not be assumed that a
person authorised to solemnise an opposite sex marriage at a chapel, will be authorised for an
MSSC.

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J7. It should be noted that under the terms of the Marriage (Same Sex Couples) Act 2013,
clergy of the Church of England and the Church in Wales cannot lawfully solemnise the marriage
of a same sex couple, and therefore cannot be authorised for that purpose.

First Authorisation
J8. The Regulations governing the registration of armed forces chapels in England and Wales
for MSSC, specify that the Secretary of State will make a decision on whether and when to apply
for registration of a chapel, having due regard to a number of matters. Those matters include
whether a person has agreed to be authorised under Section 43B, and “whether the Secretary of
State would so authorise that person”.

J9. This means that the Secretary of State will need to be satisfied – before they apply for the
chapel to be registered – that the person whom the same sex couple wish to be present at their
marriage is willing to be present and is, in their view, a suitable and appropriate person to be
authorised. Couples should ask their unit chaplain for advice, if they need it, on the implications of
these rules and the options open to them.

J10. The Secretary of State will only authorise a person under Section 43B who:

a. is ordained or accredited by a Sending Church which has given its written consent to
the use of its rites for the marriage of same sex couples (ie it has “opted in”).

b. has confirmed that he/she is personally willing to be authorised for this purpose, and is
content to preside at or be present at a marriage of a same sex couple using only the rites of
their Sending Church.

J11. As noted above, authorisation of a person to be present at an MSSC is a separate procedure

from authorisation to be present at the marriage of an opposite sex couple. Nevertheless, if the
person who is already (or will be) authorised to be present at the marriage of opposite sex couples
at that chapel, meets the criteria in para 10 above, the normal practice will be to authorise the
same person for MSSC under Section 43B.

J12. If the person who is authorised to be present at the marriage of opposite sex couples at that
chapel does not meet both of the above criteria, the Secretary of State will consider a proposal to
appoint another person who does meet the criteria, taking into account the following additional
criteria:

a. that he or she is a Chaplain currently serving with the UK armed forces;

b. that he or she has links to the local Service community;

A person who does not meet these criteria is unlikely to be authorised.

J13. Immediately after the registration of an armed forces chapel for MSSC under Section 70A of
the Marriage Act, an authorised person will be appointed under Section 43B to be present at the
marriage (this will normally be the person identified in the same sex couple’s application as willing
to be authorised).

Exceptional Arrangements
J14. The previous section outlined how an authorised person would be appointed. Once that
appointment is made, it remains possible for a couple to apply to be married by someone other
than the authorised person for that chapel. This will not necessarily be agreed; paras 10-14 of the

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main guidance set out the procedures to be followed. However in the case of MSSC, certain
additional factors may apply.

J15. An example is where the couple’s proposal means that the marriage would take place
according to the rites of a denomination, other than that of the authorised person (ie not just a
different minister of the same denomination). In such cases, as well as their normal consideration
of the suitability of the person nominated, the Head of Chaplaincy will need to satisfy themselves
that the relevant religious organisation is a Sending Church which has given its consent to its rites
being used for MSSC.

Subsequent Authorisation
J16. An authorisation to be present at the marriage of a same sex couple is personal. Where a
Chaplain who has been authorised under Section 43B, in accordance with the previous section,
leaves their post (or otherwise ceases to have the connection on which that authorisation is
based), the authorisation will be withdrawn. Their successor in post will not automatically be
authorised under Section 43B simply by virtue of their appointment.

J17. Should a same sex couple wish to marry in an armed forces chapel registered for MSSC,
once the chaplain authorised at the time of registration is no longer so authorised, the relevant
Head of Chaplaincy will consider the options for appointing a suitable Chaplain under Section 43B:

a. if the incumbent Chaplain meets both criteria in para 10 above, then he or she will be
authorised under Section 43B;

b. if the incumbent Chaplain does not meet both criteria, or a Chaplain has not been
appointed, the relevant Head of Chaplaincy will seek to make alternative arrangements to
enable the marriage to proceed, drawing on the criteria set out earlier in these guidelines.

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REGISTRATION OF MILITARY CHAPELS FOR SAME SEX MARRIAGE

SSC wish to marry in Marriage in military chapel

military chapel in England cannot proceed
& Wales
No

No SSC select chapel & approach Potential AP agrees

SSC decide if they wish to potential AP, whom published to conduct marriage
use a chapel which is guidance indicates that S of S in chosen chapel.
already registered for SSM would authorise for that chapel
Yes Yes

Confirm availability of AP for SSC write to nominated MOD office with:

the chosen chapel who is (1) letter stating their intentions and their entitlement to
willing to conduct marriage. be married in a military chapel;
(2) details of potential AP and evidence of his/her
willingness to be authorised and to conduct marriage.
Yes

Marriage goes ahead

MOD office seeks inputs within 21 days from Chaplains

Dept of relevant Service, and from DIO, for inclusion in
dossier for nominated decision maker.
Section 43B authorisation
of AP signed and sent

Relevant Chaplains Dept establishes

All interested parties if chapel is consecrated.
informed

No Yes

DIO Relevant Chaplains Dept undertakes

GRO informs MOD of
indicate statutory consultation and submits to
registration of chapel
any issues MOD office:
relating to (1) confirmation that not consecrated
future of (2) views of significant regular users
site. (3) recommendation on suitability of AP.
Application goes to GRO
on behalf of S of S, with
necessary documentation

Dossier finalised and decision

Request taken on application
approved
Request
declined
Abbreviations:
SSC: Same Sex Couple All interested parties informed.
SSM: Marriage of Same Sex Couple SSC decide whether they wish to
make a different application.
AP: Person Authorised under s 43B of Marriage Act

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ANNEX D(J) TO CHAPTER 7

FOREIGN MARRIAGES ACTS

(PARAS 7.069 AND 7.072 REFER)
Relevant Extracts of The Foreign Marriage Act 1947 and The Foreign Marriage
(Armed) Forces Order 1964
Foreign Marriage Act 1947

‘Validity of Marriages solemnized by Chaplains of H.M. Forces serving Abroad and other Persons.’

1. - For the said section twenty-two of the Foreign Marriage Act 1892, the following section shall
be substituted:

22.1 –
(1) A marriage solemnized in any foreign territory by a chaplain serving with any part of the
naval, military or air forces of His Majesty serving in that territory or by a person authorized,
either generally or in respect of the particular marriage, by the commanding officer of any
part of those forces serving in that territory shall, subject as hereinafter provided, be as valid
in law as if the marriage had been solemnized in the United Kingdom with a due observance
of all forms required by law.

(1A) Subsection (1) above shall not apply to a marriage unless –

(a) at least one of the parties to the marriage is a person who -

(i) is a member of the said forces serving in the foreign territory concerned or
Is employed in that territory in such other capacity as may be prescribed by Order
in Council; or

(ii) is a child of a person falling within sub-paragraph (i) above and has his
home with that person in that territory; and

(b) such other conditions as may be so prescribed are complied with.

(1B) In determining for the purposes of subsection (1A) above whether one person is the
child or another -

(a) it shall be immaterial whether the person's father and mother were at any time
married to each other; and

(b) a person who is or was treated by another as a child of the family in relation to
any marriage to which that other is or was a party shall be regarded as his child.

(2) In this section the expression “foreign territory” means territory other than:

(a) any part of His Majesty's dominions;

(b) any British protectorate; or

(c) any other country or territory under His Majesty's protection or suzerainty or in
which His Majesty has for the time being jurisdiction: Provided that His Majesty may by
Order in Council direct that:

1
(a) S.I. 1964/1193 (1964 II, p. 2771).

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(i) any British protectorate or any such other country or territory as is referred
to in paragraph (c) hereof; or

(ii) any part of His Majesty's dominions which has been occupied by a State at
war with His Majesty and in which the facilities for marriage in accordance with
the local law have not in the opinion of His Majesty been adequately restored;

shall, while the Order remains in force, be treated as foreign territory for the purposes of
this section.

(3) Any reference in this section to foreign territory, to forces serving in foreign territory and
to persons employed in foreign territory shall include references to ships which are for the
time being in the waters of any foreign territory, to forces serving in any such ship and to
persons employed in any such ship, respectively.

(4) His Majesty may by Order in Council provide for the registration of marriages
solemnized under this section.

(5) Where a marriage purports to have been solemnized under this section, it shall not be
necessary in any legal proceedings touching the validity of the marriage to prove the
authority of the person by or before whom it was solemnized, nor shall any evidence to prove
his want of authority be given in any such proceeding.

(6) Any Order in Council made under the foregoing provisions of this section may be
varied or revoked by a subsequent Order in Council, and any Order in Council made under
this section shall be laid forthwith before each House of Parliament.

Provisions as to Dominions
3.

(1) References in this Act to the naval, military or air forces of His Majesty shall not be
construed as referring to any such forces raised in a Dominion:

Provided that any reference to a member of the naval, military or air forces of His
Majesty shall be construed as including a reference to a member of the said forces
raised in a Dominion who is temporarily attached under sub-section (2) of section four
of the Visiting Forces (British Commonwealth) Act 1933, to a part of the said forces
raised in the United Kingdom.2

(2) His Majesty may by Order in Council provide for securing that any law in force in any
dominion which makes, in relation to forces raised in that Dominion, provision appearing to
His Majesty to be similar to any provision made by section twenty-two of the Foreign
Marriage Act 1892, whether as originally enacted or as re-enacted by this Act, shall have
effect as part of the law of the United Kingdom.

(3) In this section the expression ‘Dominion' means a Dominion within the meaning of the
Statute of Westminster 1931, except Newfoundland, and includes any territory administered
by the government of that Dominion.3

(4) Any Order in Council made under the foregoing provisions of this section may be
varied or revoked by a subsequent Order in Council, and any Order in Council made under
this section shall be laid forthwith before each House of Parliament.

2
23 & 24 Geo. 5, c.6
3
22 & 23 Geo. 5, c. 4

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4.

(1) Section 12 of the Foreign Marriage Act, 1892 (which provides for the solemnization of
marriages on board His Majesty's ships at foreign station) is hereby repealed.

(2) In subsection (2) of section 13 of the said Act the words ‘or on board one of Her
Majesty's ships' shall be omitted in paragraph (e) of subsection (1) of section 21 of the
said Act the words ‘to marriages on board one of Her Majesty's ships and' shall be
omitted and in paragraph (f) of that subsection the words ‘or on board one of Her
Majesty's ships' shall be omitted.

Short Title and Citation

7.

(1) This Act may be cited as the Foreign Marriage Act 1947 and the Foreign Marriage Acts
1892 and 1934, and this Act may be cited together as the Foreign Marriage Acts 1892 to
1947.

(2) This Act shall come into operation on such date as His Majesty may by Order in
Council appoint.

The Foreign Marriage (Armed Forces)Order 1964

coming into Operation On 1st October 1964
(As amended by The Foreign Marriages (Armed Forces)(Amendment) Order No 2 1990)
S.I. 1964 No 1000 (As amended by S.I. 1965 No 137 and SI No 2592 1990)

Her Majesty, by virtue and in exercise of the powers in this behalf conferred upon Her by section
18(2) and (3), 21 and 22 of the Foreign Marriage Act 1892, as amended by sections 2, 3, 4(2) and
6 of the Foreign Marriage Act 1947 or otherwise in Her Majesty vested, is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby ordered, as follows:4

“1.
(1). For the purposes of section 22(1A) of the Foreign Marriage Act 1892 (requirements for
the validity of marriages solemnized by chaplains of Her Majesty’s forces serving abroad and
other persons) employment in any of the capacities specified in Article 2 of this Order shall,
in the case of persons serving Her Majesty or otherwise employed in the territory where the
marriage is solemnized who, by virtue of Part II of the Army Act 1955(c), Part II of the Air
Force Act 1955(d) or the Naval Discipline Act 1957(e);are civilians subject to military law
when not on active service, be employment in a prescribed capacity.

(2). For the said purposes the conditions prescribed in Article 3 of this Order shall be the
prescribed conditions.

2. The capacities referred to in Article 1 of this Order are capacities involving the performance
of any of the following functions, namely - administrative, executive, judicial, clerical, typing,
duplicating, machine operating, paper keeping, messengerial, professional, instructional, scientific,
experimental, technical, industrial or labouring functions.”

3. The prescribed conditions referred to in Article 1 of this Order are:

(a) that before a marriage is solemnized under the said section 22(1), there shall be
produced to the Chaplain or other person authorized pursuant to the said section 22(1) a

4
55 & 56 Vict. c. 23. 10 & 11 Geo. 6, c. 33

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certificate signed or purporting to be signed by or on behalf of the Commander in the territory

in which that party to the marriage is serving or employed such certificate to state that the
Commander has no objection to the marriage; Provided that if both parties to the marriage
shall be persons to whom the said section 22(1) applies certificates in respect of both such
persons shall be produced as hereinbefore provided;

(b) that the certificate referred to in paragraph (a) of this Article shall contain the full
names, addresses, rank (where appropriate), and marital status of the parties to the marriage
and the capacity in which the person signing or purporting to be signing the same does so;

(c) that the marriage shall be solemnized in the presence of not less than two witnesses in
addition to the parties and the person solemnizing the marriage.

4. For the purpose of this Order the expression ‘the Commander in the Territory' means:

(a) where a party to the marriage is a member of the naval forces, or a person employed in
any of the capacities specified in Article 2 of this Order, the officer commanding the naval
forces of Her Majesty in the territory;

(b) where a party to the marriage is a member of the military forces, the officer
commanding the military forces of Her Majesty in the Territory;

(c) where a party to the marriage is a member of the air forces, the officer commanding the
air forces of Her Majesty in the territory.

5. Where a marriage has been solemnized under section 22 of the Foreign Marriage Act 1892,
whether before or after the date of this Order, the same shall be registered (if not registered
at the date of this Order) in the manner provided for in the Service Departments Registers
Order 1959.5

6. The provisions set forth in Schedule 1 to this Order, being laws in force in New Zealand and
Australia respectively and which make provisions appearing to be similar to the provisions of
section 22 of the Foreign Marriage Act 1892 as originally enacted or as re-enacted by section
2 of the Foreign Marriage Act 1947, shall have effect as part of the law of the United
Kingdom in relation respectively to forces raised in these Dominions.”

5
S.I. 1959/406 (1959 II, p. 2303).

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Article 6
Schedule 1

NEW ZEALAND - Section 44 of the Marriage Act 1955 reads as follows:

‘A Service marriage solemnized out of New Zealand by any member of the forces who is a
chaplain or who is duly authorized in that behalf shall be deemed to have been and to be valid as if
it had been solemnized in New Zealand in accordance with the provisions of this Act.'

AUSTRALIA - Sections 71 and 73 of the Marriage Act 1961 read as follows:

‘71.
(1) Subject to this Part a marriage between parties of whom one at least is a member of
the Defence Force may be solemnized in an overseas country by or in the presence of a
chaplain.

(2) The Governor General may, by Proclamation declare that a part of the Queen's
Dominions that has been occupied by a state at war with the Commonwealth and in which
facilities for marriage in accordance with the local law have not, in the opinion of the
Governor General, been adequately restored shall be deemed to be an overseas country for
the purpose of this section.'

‘73. A marriage solemnized under this Part, being a marriage which, if it had been solemnized in
Australia in accordance with Division 2 of Part IV of this Act, would have been a valid marriage, is
valid throughout the Commonwealth and all the Territories of the Commonwealth.'

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Intentionally blank

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ANNEX E(J) TO CHAPTER 7

SOLEMNIZATION OF MARRIAGES
(PARA 7.098 REFERS)
Rules for the Solemnization of Marriages and Civil Partnerships by Officers or Other Persons
authorized under the Provisions of Section 22 of The Foreign Marriage Acts 1892 and 1947, The
Civil Partnership Act 2004
and The Civil Partnership (Armed Forces) Order 2005

1. The appointed officer is to cause a copy of the notice of marriage or civil partnership to be
shown in a public place, eg on a unit notice board.

2. Before the marriage is solemnized or civil partnership takes place, each of the parties
intending marriage or participate in a civil partnership is to appear before the appointed officer and
make and subscribe in a book kept by them for the purpose a solemn declaration in the following
terms:-

‘I hereby declare that I know not of any lawful impediment why I _____________
may not be joined in matrimony or enter into a civil partnership to ____________ '

3. A marriage must be solemnized or civil partnership entered into with open doors (ie doors not
so closed as to prevent persons from entering between the hours of eight in the forenoon and six in
the afternoon) and in the presence of the contracting parties, the appointed officer, and two
credible witnesses who must in all cases be provided by the parties to the marriage or civil
partnership.

4. The appointed officer must not, in any circumstances, allow any religious service or
ceremony whatever to be used at a marriage solemnized or civil partnership conducted by them.
The giving and receiving of a ring, does not, however, constitute a religious ceremony and may,
therefore, be allowed.

The appointed officer is to insist always upon the seemly behaviour of the parties and witnesses as
befitting the importance of the occasion.

5. Should any impediment be alleged, or any false statement of particulars relating to either
party be discovered before the declaratory and contracting words have been pronounced by the
parties, the appointed officer is to refuse to proceed further until the truth of the matter has been
ascertained. Should no sufficient hindrance be discovered, the appointed officer must address the
parties as follows:-

In the case of marriage:

‘Before you are joined in matrimony it is my duty to remind you of the solemn and binding
character of the vows you are about to make. Marriage according to the law of the United
Kingdom is the union of one man and one woman, voluntarily entered into for life, to the
exclusion of all others.'

In the case of a civil partnership:

‘Before you are joined in civil partnership it is my duty to remind you of the solemn and
binding character of the vows you are about to make. Civil partnership according to the law
of the United Kingdom is the union of two people of the same sex, voluntarily entered into for
life, to the exclusion of all others.'

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Following this address, each of the parties must, in the presence of the appointed officer and
the witnesses, declare as follows:-

In the case of marriage:

‘I do solemnly declare that I know not of any lawful impediment why I (naming himself or
herself) may not be joined in matrimony to (naming the other party)'.

Each of the parties must also say to the other:-

‘I call upon these persons here present to witness that I (naming himself or herself) do take
you (naming the other party) to be my lawful wedded (wife or husband)'.

In the case of civil partnership:

‘I declare that I know of no legal reason why we may not register as each other’s civil partner.
I understand that on signing this document we will be forming a civil partnership with each
other’

The appointed officer is to recite the declaration and the form of contracting words so that the
parties may repeat them; they are to insist upon the parties doing this in a serious and proper
manner, and with as distinct an enunciation of the words as possible.

The full import of the declaratory and contracting words is to be clearly explained to the
parties whenever they appear to be either ignorant or careless in that respect.

6. Until the foregoing declaratory and contracting words have been spoken by the parties, no
entry or any part thereof may or is to be made in any certificate of marriage or civil partnership, but,
when these words have been pronounced by both parties, they at once become joined, and the
appointed officer must forthwith cause certificates of marriage or civil partnership to be completed,
signed and disposed of in the manner required by para J7.109.

7. These rules do not apply to marriages solemnized by chaplains.

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ANNEX F(J) TO CHAPTER 7

THE SERVICE DEPARTMENTS REGISTERS ORDER 1959

(PARAS 7.077, 7.080 AND 7.082 REFER)
(As amended by The Service Departments Registers (Amendment) Orders 1963, 1988 and 2002)
S.I. 1959, No 406
(incorporating S.I. 1963, No 1624, S.I. 1988, No 1295, SI 2002 No. 3122 and SI 2005 No. 3188)

Her Majesty, in pursuance of the powers conferred upon Her by sections one, two, three, five and
six of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 in this order
referred to as ‘the Act' and of all other powers Her enabling, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as follows:-

Application of Order
1. This Order applies to:-

(a) Deaths and births occurring, marriages and civil partnership taking place, outside the
United Kingdom among, or among the families of, persons of the classes mentioned in Part I
of the Schedule to this Order,

(b) Deaths and births occurring outside the United Kingdom among persons of the class
mentioned in Part II of the Schedule to this Order,

(c) Deaths and births occurring in any part of the world (not being deaths or births
registrable under the provisions of the Acts relating to the registration of deaths and births in
England, Scotland or Northern Ireland) on board ships belonging to Her Majesty,

(d) Deaths and births occurring in any part of the world (not being deaths or births
registrable under the provisions of the Acts relating to the registration of deaths and births in
England, Scotland or Northern Ireland) on aircraft belonging to Her Majesty, or any other
aircraft not registered in the United Kingdom but for the time being employed for the
purposes of Her Majesty's forces, and

(e) The death outside the United Kingdom of any person who, being a traveller on such an
aircraft, is killed on the journey in consequence of an accident,

and applies to any such death, birth or marriage notwithstanding that it occurred or was
solemnized before the commencement of the Act.

Registering Officers and Provision of Registers

2.
(1) The following persons (in this Order referred to as ‘registering officers') may record
deaths, births, marriages and civil partnership to which this Order applies:-

(a) Any person authorized in that behalf by the Defence Council,

(b) Any person holding an office or appointment, the holder for the time being of
which has been authorized in that behalf by the Defence Council.

(2) The Registrar General for England and Wales shall provide registering officers with
registers for the purpose of recording deaths, births, marriages and civil partnership to which

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this Order applies, and shall also provide them with forms for making certified copies of
entries in such registers.

(3) Until a registering officer has been provided with a register in accordance with
paragraph (2) of this article, they may record births, deaths, marriages and civil partnership
to which this Order applies in a register provided under the Registration of Births, Deaths and
Marriages (Army) Act, 1879, as amended under the Air Force (Constitution) Act, 1917, and
such a register shall for the purposes of this Order be deemed to be a register provided
under this Order.

Qualified Informants
3.
(1) Subject to the provisions of paragraph (5) of this article, a registering officer shall not
make an entry in a register provided under this Order recording any death, birth, marriage or
civil partnership to which this Order applies, unless information as to the particulars to be
registered is given by a qualified informant.

(2) An entry in a register provided under this Order may be made on information given by a
qualified informant in writing, provided that the document containing that information is
signed by the qualified informant and provided that, unless they are a qualified informant by
reason of their being:-

(a) A captain of a ship belonging to Her Majesty on which a death or birth to which
this Order applies has occurred,

(b) An officer in command of an appropriate record office, in relation to the death of a

member of the naval, military or air forces of the crown on active service, or

(c) A person who has conducted a marriage or civil partnership to which this Order
applies under section twenty- two of the Foreign Marriage Act, 1892 (as re-enacted by
section two of the Foreign Marriage Act, 1947).

his signature is attested by an officer of the naval, military, or air forces of the Crown, or by a
person serving in an established capacity in the permanent civil services of the State who
holds their appointment directly from the Crown or has been admitted into the Civil Service
with a certificate from the Civil Service Commissioners, or by a person qualified to practise
law or medicine in the country where the document is signed.

(3) An entry in a register provided under this Order of particulars information as to which is
given by a qualified informant orally shall not constitute an entry in such a register for the
purposes of this Order unless the entry is signed by the qualified informant.

(4) For the purposes of the Order ‘qualified informant' means any of the following: -

(a) In relation to a death –

(i) Any person present at the death;

(ii) Any person who has seen the dead body;

(iii) Any person who has caused the dead body to be buried or cremated;

(iv) If the death occurs on a ship belonging to Her Majesty, the Captain of the
ship;

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(v) If the death occurs on an aircraft belonging to Her Majesty, the person in
command of the aircraft;

(vi) If the death is of a person, who being a traveller on an aircraft belonging to

Her Majesty is killed on the journey in consequence of an accident, the
person in command of the aircraft; or

(vii) If the death is of a member of the naval, military or air forces of the Crown
on active service, an officer of their ship or unit, or the officer in command
of the appropriate record office;

(b) In relation to a birth –

(i) If the child is legitimate, either parent;

(ii) If the child is illegitimate, its mother;

(iii) Any person present at the birth;

(iv) The person having charge of the child;

(v) If the birth occurs on a ship belonging to Her Majesty, the Captain of the
ship; or

(vi) If the birth occurs on an aircraft belonging to Her Majesty, the person in
command of the aircraft;

(c) In relation to a marriage or civil partnership -

(i) Either party to the marriage or civil partnership; or

(ii) The priest or other person conducting the ceremony.

(5) The Registrar General for England and Wales may authorize a registering officer to
make an entry recording a death, birth or marriage to which this Order applies,
notwithstanding that information as to the particulars to be registered has not been given by
a qualified informant, if a qualified informant is not readily available and satisfactory evidence
of the death, birth, marriage or civil partnership is produced to the Registrar General.

(6) After the expiration of twelve months from the date of death, birth, marriage or civil
partnership to which this Order applies, that death, birth or marriage shall not be registered
without the written authority of the Registrar General for England and Wales and the fact that
their authority has been obtained shall be entered in the register.

Legitimated Persons
4.
(1) If by virtue of section five of the Act (which provides for the re-registration or
registration of the births of certain legitimated persons), the appropriate Registrar General
authorizes the re-registrations or registration of a birth, the re-registration or registration shall
be effected in accordance with the provisions of this article.

(2) The authority of the said Registrar General shall be forwarded to the Defence Council
as may be appropriate, who shall on receipt of the authority direct a registering officer to
make an entry recording the birth in a register provided under this Order.

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(3) The entry shall be made in such form and shall contain such particulars as may be
specified in the authority.

(3) Where the entry is a re-registration, the person having the custody of the register in
which the original entry was made shall enter a note in the margin of the original entry in the
following form –

‘Re-registered under section 5 of the Registration of Births, Deaths and Marriages (Special
Provisions) Act, 1957, on the _______ 19 ___ , on the authority of the Registrar General
__________ dated ______ ' inserting the official description of the appropriate Registrar
General and the date of the authority.

[Note: Section 5 of the Act, to which Article 4 refers, reads as follows:

“5.
(1) Where in the case of –

(a) A person whose birth is recorded in the Service Departments Registers, or

(b) A person born outside the United Kingdom whose father at the time of the birth
was a member of Her Majesty's naval, military or air forces or a person of a description
falling within paragraph (b) of sub-section (1) of section one of this Act,

evidence is produced to the appropriate Registrar General which appears to them to be

satisfactory that that person was, whether before or after the commencement of this
Act, legitimated by the subsequent marriage of their parents, the said Registrar General
may authorize at any time the re-registration or, as the case may be, the registration of
that person's birth and the re-registration or registration shall be effected in such
manner and at such place as may be provided by an Order in Council under this Act:

Provided that, except where –

(i) The paternity of the legitimated person has been established by an

affiliation order or otherwise by a decree of a court of competent jurisdiction, or

(ii) A declaration of the legitimacy of the legitimated person has been made by
a court of competent jurisdiction in the United Kingdom, the said Registrar
General shall not authorize re-registration or registration unless information with a
view to obtaining it is furnished by both parents.

(2) In this section ‘the appropriate Registrar General' means, ‘in relation to a person whose
father was at the time of the marriage domiciled in Scotland, the Registrar General of Births,
Deaths and Marriages in Scotland, in relation to a person whose father was at the time of the
marriage domiciled in Northern Ireland, the Registrar General for Northern Ireland, and in
any other case the Registrar General for England and Wales.”]

Correction of Errors
5.
(1) An error of fact or substance in any register or other record to which sub-section (3) of
section three of the Act applies may be corrected in accordance with that sub-section by the
person having the custody of the register or other record in which the original entry
containing the error was made.

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(2) If a registering officer making an entry in a register provided under this Order finds that
they have made a clerical error in that entry, they shall before completing the entry correct
the error and initial the alteration.

(3) If a registering officer or a Registrar General is satisfied that a clerical error has been
made in a completed entry in any such register or other record as is mentioned in paragraph
(1) which is in their custody, they shall correct the error and make a note of the correction in
the margin of the entry in the following form -

‘Clerical error in _________________ corrected on the ________ 19 ____ by me’

[Note 1: Subsection (3) of section three of the Act, (as amended by the Deregulation (Correction of
Birth and Death Entries in Registers or Other Records) Order 2002) to which Article 5 above refers,
reads as follows:

“(3) An error of fact or substance in any register or other record kept in pursuance of this Act
___________ or of section thirty-seven of the Births and Deaths Registration Act 1874, may be
corrected by an entry in the margin (without any alteration of the original entry) by such officer as
may be specified in an Order in Council under this Act upon production to them of a statutory
declaration setting forth the nature of the error and the true facts of the case made either by two
credible persons having knowledge of the truth of the case or, where it applies, in accordance with
section 3A of this Act, and Her Majesty may by Order in Council provide for the correction of the
clerical errors in any such register or other record.”]

Alternative Procedure for Certain Corrections

3A. -

(1) This section applies where, in an entry relating to a birth or death in a register or other
record to which section 3(3) of this Act applies, a person is wrongly shown as the father of
the person to whose birth or death the entry relates.

(2) Where this section applies, the statutory declaration required by section 3(3) of this Act
may be made by one credible person having knowledge of the truth of the case.

(3) Such a statutory declaration must be accompanied by documentary evidence of a

finding that the person shown as the father was not the father.

(4) But subsection(5) applies if it appears to the officer specified in accordance with
subsection(3) of section 3 of this Act that the only evidence on which the finding was made
was that of the person making the statutory declaration.

(5) In that case, the officer may correct the error only if satisfied that another person, who
is a credible person having knowledge of the truth of the case, has (whether before or since
the making of the declaration) confirmed the material facts stated in the declaration.

(6) “Finding” means a finding made expressly in judicial proceedings in the United
Kingdom or elsewhere.’ [Note 2: The form for a statutory declaration is obtainable from the
Registrar General.]

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Form of Entries
6.

(1) A registering officer shall sign each entry and each correction of a completed entry
made by them in a register provided under this Order.

(2) A registering officer shall state in every entry made by them on information given by a
qualified informant the capacity in which the informant is qualified by virtue of paragraph (4)
of article three of this Order, and, if that information is given in writing in accordance with
paragraph (2) of that article, shall also state the name of the qualified informant.

(3) Where an entry is made in accordance with the provisions of paragraph (5) of article
three of this Order the registering officer shall in the place provided in the register for the
name of the qualified informant write the words
-
‘No qualified informant available. Entered on the authority of the Registrar General dated
______ ' inserting the date of the authority.

(4) Where an entry is made in accordance with the provisions of paragraph (6) of article
three of this Order the registering officer shall in the place provided in the register for the date
of registration write, in addition to the date of registration, the words: -
‘Entered on the authority of the Registrar General dated ______ ’ inserting the date of the
authority.

Transmission of Entries and Registers to Registrars General

7.

(1) A registering officer making an entry or correcting an entry in a register provided under
this Order shall transmit or cause to be transmitted to the Registrar General for England and
Wales a certified copy of such entry, or of such entry as corrected, on a form provided under
this Order.

(2) A person having in their custody a register provided under the Registration of Births,
Deaths and Marriages (Army) Act, 1879, as amended under the Air Force (Constitution) Act,
1917, which contains an entry a certified copy of which has not been transmitted to the
Registrar General for England and Wales, shall transmit a certified copy of that entry to the
Registrar General for England and Wales.

(3) A person having in their custody a log book containing an entry made under sub-
section (1) of section thirty-seven of the Births and Deaths Registration Act 1874, of a birth or
death on one of Her Majesty's ships, in respect of which no return under sub-section (6) of
that section had been made, shall transmit a certified copy of that entry to the Registrar
General of Births and Deaths to whom the return under that sub-section should have been
made, but for the repeal by the Act of the said section thirty-seven.

(4) Where an entry is made in a register provided under this Order on information given in
writing by a qualified informant, the registering office shall transmit the document containing
that information to the Registrar General for England and Wales with the certified copy of the
entry.

(5) If it appears to the Registrar General for England and Wales that a certified copy of an
entry in a register transmitted to them under this Order records the death or marriage of a
person or the birth of a child of a person ordinarily resident in Scotland or Northern Ireland,

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they shall send a copy of that entry to the Registrar General of Births, Deaths and Marriages
in Scotland, or to the Registrar General for Northern Ireland, as may be appropriate.

8. Persons having in their custody registers provided under this Order or registers kept under
the Registration of Births, Deaths and Marriages (Army) Act, 1897, as amended under the Air
Force (Constitution) Act, 1917, shall transmit them when they have been completed or are no
longer required to the Registrar General for England and Wales.

Interpretation
9. The Interpretation Act, 1889, applies for the purposes of the interpretation of this Order as it
applies for the purpose of the interpretation of an Act of Parliament, and as if this Order were an
Act of Parliament.

Citation and Commencement

10.
(1) This Order may be cited as the Service Departments Registers Order, 1959.

(2) This Order shall come into force on the first day of April 1959.

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The Schedule

Part I - Classes of Persons referred to in Paragraph (a) of Article One of the Order

1. Member of the naval, military or air forces of the Crown.

2. Other persons in the service of the Crown employed with or accompanying any naval,
military, or air force of Her Majesty outside the United Kingdom.

Part II - Classes of Persons referred to in Paragraph (b) of Article One of the Order

1. Persons in the service of any of the following organizations who performing their service
outside the United Kingdom in connection with any naval, military or air force of Her Majesty:

(a) Navy, Army and Air Force Institutes;

(b) Services Sound and Vision Corporation;

(c) British Red Cross Society;

(d) The Venerable Order of the Hospital of St John of Jerusalem;

(e) Council of Voluntary Welfare Work including the Young Men's Christian Association,
the Young Women's Christian Association, the Catholic Women's League, the Salvation
Army, the Church Army, Methodist Church Forces' Clubs, Toc H, the Church of England
Soldiers', Sailors', and Airmen's Clubs and the Mission to Military Garrisons;

(f) Soldiers', Sailors' and Airmen's Families Association;

(g) Soldiers' and Airmen's Scripture Readers' Association;

(h) Malcolm Clubs;

(i) Women's Royal Voluntary Service;

(j) Royal Naval Film Corporation;

(k) Royal Naval Lay Readers' Society;

(l) British Sailors' Society;

(m) Missions to Seamen.

2. Members of the family of a person of the class specified in paragraph 1 of this part of this
schedule residing with them at or in the vicinity of the Station of the force with which they are
employed or which they are accompanying.

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CHAPTER 8

CEREMONIAL

PART 1 – PRECEDENCE

Precedence of Corps and Regiments

8.001. The following table gives the order of precedence of corps and regiments in the Army1.
Regiments shown collectively therein take precedence amongst themselves as shown in the Army
List.

Order Corps or Regiment

1 Household Cavalry.
2 Royal Horse Artillery (a).
3 Royal Armoured Corps
4 Royal Regiment of Artillery (Royal Horse Artillery excepted).
5 Corps of Royal Engineers.
6 Royal Corps of Signals.
7 Regiments of Foot Guards.
8 Regiments of Infantry (b).
9 Special Air Service Regiment.
10 Army Air Corps.
11 Special Reconnaissance Regiment
12 Royal Army Chaplains' Department.
13 The Royal Logistic Corps.
14 Royal Army Medical Corps.
15 Corps of Royal Electrical and Mechanical Engineers.
16 Adjutant General's Corps.
17 Royal Army Veterinary Corps.
18 Small Arms School Corps.
19 Royal Army Dental Corps.
20 Intelligence Corps.
21 Royal Army Physical Training Corps.
22 General Service Corps.
23 Queen Alexandra's Royal Army Nursing Corps.
24 Corps of Army Music.
25 The Royal Monmouthshire Royal Engineers (Militia) (Army
Reserve).
26 The Honourable Artillery Company (Army Reserve).
27 Army Reserve (c).
28 The Royal Gibraltar Regiment.
29 The Bermuda Regiment
30 First Aid Nursing Yeomanry

Notes:
a. But on parade with their guns to take the right and march at the head of the Household
Cavalry.
b. All corps shown in the Corps Warrant2 as composed of regiments of Infantry (and this
includes the Parachute Regiment and the Brigade of Gurkhas) are deemed to have equal
precedence. The precedence of individual Infantry regiments remains as it was before the
grouping of Infantry regiments was introduced.

1
Units placed into suspended animation retain their place in the Order of Battle and precedence.
2
Text of the Corps Warrant appears in AGAI 69.

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c. In order of Arms as for the Regular Army.

8.001A. Precedence within the Household Cavalry.

a. The Life Guards

b. The Blues and Royals (Royal Horse Guards and 1st Dragoons)

Following the Union of the Household Cavalry the 2 regiments operate as 2 major units of mixed
composition, namely the Household Cavalry Regiment and the Household Cavalry Mounted
Regiment.

8.001B. Precedence of Royal Armoured Corps Regiments.

a. 1st The Queen’s Dragoon Guards.

b. The Royal Scots Dragoon Guards (Carabiniers and Greys).

c. The Royal Dragoon Guards.

d. The Queen’s Royal Hussars (The Queen’s Own and Royal Irish).

e. The Royal Lancers.

f. The King’s Royal Hussars.

g. The Light Dragoons.

h. Royal Tank Regiment.

8.001C. Precedence of Regiments of Foot Guards.

a. Grenadier Guards.

b. Coldstream Guards.

c. Scots Guards.

d. Irish Guards.

e. Welsh Guards.

8.001D. Precedence of Regular Infantry Regiments.

a. The Royal Regiment of Scotland.

b. The Princess of Wales’s Royal Regiment.

c. The Duke of Lancaster’s Regiment (King’s, Lancashire and Border).

d. The Royal Regiment of Fusiliers.

e. The Royal Anglian Regiment.

f. The Yorkshire Regiment (14th/15th, 19th and 33rd/76th Foot).

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g. The Mercian Regiment (Cheshire, Worcester and Foresters and Staffords).

h. The Royal Welsh (23rd (Fusiliers), 24th and 41st Foot).

i. The Royal Irish Regiment (27th(Inniskilling), 83rd, 87th and The Ulster Defence
Regiment).

j. The Parachute Regiment.

k. The Royal Gurkha Rifles.

l. The Rifles.

8.001E. Precedence within the Adjutant General’s Corps.

a. Adjutant General’s Corps (Staff and Personnel Support Branch).

b. Adjutant General’s Corps (Royal Military Police).

c. Adjutant General’s Corps (Military Provost Staff).

d. Adjutant General’s Corps (Educational and Training Services Branch).

e. Adjutant General’s Corps (Army Legal Services Branch).

8.001F. Precedence of Yeomanry Regiments.

a. The Royal Yeomanry.

b. The Royal Wessex Yeomanry.

c. The Queen’s Own Yeomanry.

d. The Scottish and North Irish Yeomanry.

8.001G. Precedence of Army Reserve Infantry Regiments and Battalions.

a. 6th Battalion The Royal Regiment of Scotland.

b. 7th Battalion The Royal Regiment of Scotland.

c. 3rd Battalion the Princess of Wales’s Royal Regiment.

d. 4th Battalion The Duke of Lancaster’s Regiment (King’s, Lancashire and Border).

e. 5th Battalion The Royal Regiment of Fusiliers.

f. 3rd Battalion The Royal Anglian Regiment.

g. 4th Battalion The Yorkshire Regiment (14th/15th, 19th and 33rd/76th Foot).

h. 4th Battalion The Mercian Regiment (Cheshire, Worcester and Foresters and
Staffords).

i. 3rd Battalion The Royal Welsh (23rd (Fusiliers), 24th and 41st Foot).

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j. 2nd Battalion The Royal Irish Regiment (27th (Inniskilling), 83rd, 87th and the Ulster
Defence Regiment).

k. 4th Battalion The Parachute Regiment.

l. The London Regiment.

m. 6th Battalion The Rifles.

n. 7th Battalion The Rifles.

8.002. As a general principle, the order of infantry battalions on parade is to be by Army List
order from right to left with the following reservations:

a. Battalions of the Guards Division will stand on the right of all other infantry battalions
and will be arranged in order amongst themselves in accordance with the established custom
of the Guards Division (ie senior regiment, right flank; next senior, left flank; third senior, right
centre; fourth senior, left centre; junior, centre). Should two battalions of the same regiment
form part of a brigade they will be drawn up next to one another in seniority of battalions,
from right to left - 1st battalion on the right, 2nd battalion on the left.

b. Rifle battalions will stand on the left of the parade in Army List order from right to left.

b. Where units of the Army Reserve and forces from other parts of the Commonwealth
are on parade with regular battalions, the order of standing from right to left is to be:

Regular Units
Royal Monmouthshire Royal Engineers (Militia)
The Honourable Artillery Company
Army Reserve Units
Colonial Forces
Commonwealth Forces

with internal order of precedence from right to left, except that when rifle battalions are
included in the parade they are on all occasions to stand on the left flank in order of
organizations as stated above.

Order of March on Combined Service Parades

J8.003. The arrangements set out below are normally to apply at combined parades. In order
to meet the special purpose of any particular parade the arrangements may be varied, provided
that they are agreed by the flag, general and air officers concerned, but not otherwise.

J8.004. The definition of a combined parade is ‘a number of separate units of more than one
armed Service, paraded in combination for ceremonial purposes'.

J8.005. Parades organized by and held in an establishment of one Service and attended by
small detachments of other Services attached to that Service are to be under the orders of the
commanding officer of the establishment concerned.

J8.006.

a. The order of precedence for the grouping of the Services in a combined parade is
normally to be:

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Royal Navy
Army
Royal Air Force

whether regular and/or auxiliary units, and irrespective of whether they are male or female
units, except as stated in para J8.007.

b. The precedence of units within a Service is for decision by that Service (for the Army
see paras 8.001 – 8.002).

J8.007. Royal Naval Women's Contingent. Personnel of the Royal Naval Women's
Contingent (comprising the Queen Alexandra's Royal Naval Nursing Service) are subject to the
Naval Discipline Act and members of that contingent should:

a. Form part of a naval contingent whenever other Royal Naval or Royal Naval auxiliary
contingents are present;

b. Lead the parade when no male forces are on parade; and

c. Parade after all regular and auxiliary forces of the other Services in a combined parade
of male and female forces which does not include male naval contingents.

J8.008. Royal Marines. The Royal Marines and Royal Marine Reserve form part of the naval
contingent.

J8.009. The Honourable Artillery Company. The traditional claim of the Honourable Artillery
Company to lead all combined parades when regular or militia forces are not present is
recognized.

J8.010. Pre-Service Cadets. Pre-Service cadets should march behind all the armed forces of
the Crown in the following order:

a. Sea Cadet Corps

b. Combined Cadet Forces

c. Army Cadet Forces

d. Air Training Corps.

Within the Combined Cadet Force, contingents should march in an agreed order of school
seniority, irrespective of the sections they maintain.

J8.011. Ancillary Services (ie civil organizations which are integrated with the armed forces).
The order of precedence of all ancillary services behind the armed forces is a matter for the
department concerned and one over which the Ministry of Defence has no jurisdiction with the
exception of the First Aid Nursing Yeomanry (FANY) which should take precedence over other
Ancillary Services.

J8.012. Female Cadet Organizations. The position on parade of female cadet organizations
is not a matter for Service regulations.

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Precedence in the Commonwealth

J8.013. Precedence in each independent member country of the Commonwealth is determined
by that country and in the associated states by each state.

J8.014. Precedence in dependent territories is determined by local enactments, by Royal

Charters, by instructions either under the Royal Sign Manual and Signet or through the Secretary
of State, or by authoritative local usage.

J8.015. In the absence of any special authority Governors shall guide themselves by the
following general table of precedence:

The Governor or officer administering the government.

The officer in command of the naval forces in the area in which the territory is included if
holding rank equivalent or superior to that of rear admiral, the officer in command of the land
forces in the territory if holding rank equivalent or superior to that of major general, and the
officer in command of the air forces in the territory if holding rank equivalent or superior to
that of air vice marshal, their own relative rank and precedence being determined by the
rules in para J2.042.

The Chief Justice.

The Speaker.

The officer in command of the naval forces in the area in which the territory is included if of
the rank of commodore; the officer in command of the land forces in the territory if of the rank
of brigadier; and the officer in command of the air forces in the territory if of the rank of air
commodore; their own relative rank and precedence being determined by para J2.042.

The Deputy Governor (if any).

The Chief Secretary.

The Chief Minister (if any).

The other ministers (if any), and other members of the Executive Council.

The Chief Secretary.

The Members of the Executive Council.

The officer in command of naval forces in the area in which the territory is included if of the
rank of captain or commander, the officer in command of the land forces in the territory if of
the rank of colonel or lieutenant colonel; and the officer in command of the air forces in the
territory if of the rank of group captain or wing commander; their own relative rank and
precedence being determined by para J2.042.

The Puisne Judges.

The Members of the Legislative Council.

The principal officers of Government in such order as shall be especially assigned.

The officer in command of the naval forces in the area in which the territory is included if
below the rank of commander; the officer in command of the land forces in the territory if

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below the rank of lieutenant colonel; and the officer in command of the air forces in the
territory if below the rank of wing commander; their own relative rank and precedence being
determined by para J2.042.

Precedence with Officers of the Consular Service

J8.016. An officer of the Consular Service will take precedence with Service officers as follows:

Consul General With but after major general

Consul With but after colonel

Vice Consul With but after major

Consular Agent With but after captain

8.017 - 8.018. Reserved.

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Intentionally blank

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PART 2 - STANDARDS, GUIDONS AND COLOURS

Traditions and Ceremonial (Sponsor of Part 2: HC PS12 Ceremonial & Plans)

8.019. Information on the origin of standards, guidons and colours and details of the traditions
associated with them are contained in Ceremonial for the Army (AC 64332). This publication
also lays down when and how standards, guidons and colours are to be carried and contains
instructions for all ceremonial connected with them.

J8.020. When standards, guidons and colours are uncased they are to be saluted with the
highest honours, except when carried by personnel forming part of the escort of a military funeral.

Presentation of New Standards, Guidons and Colours

8.021. The occasions when new standards, guidons and colours may be provided and their
method of issue are contained in the Defence Supply Chain Manual (JSP 336), Volume 12 Part
3, Pamphlet 14.

8.022. When it is known that new standards, guidons or colours are ready for presentation the
colonel or honorary colonel of the regiment concerned is to advise the Ministry of Defence (PS12
(Army)) that the regiment desires the presentation and is to ask that Her Majesty's pleasure be
taken.

8.023. Standards, guidons and colours are presented, exceptionally by The Sovereign in
person, or by a personage nominated to act on The Sovereign's behalf. Where a regiment is
serving abroad it is usual for either The Sovereign's chief representative or the senior military
officer in the command to undertake the presentation.

8.024. When forwarding their advice to the Ministry of Defence (PS12 Army)), the colonel or
honorary colonel is to include:

a. Whether the standards, guidons or colours are ready for presentation, if not, when they
are expected to be ready.

b. The date (with alternatives) on which it is desired that the ceremony should take place.

c. The station of the regiment at the time of the proposed ceremony.

d. By whom and where the existing standards, guidons or colours were presented.

e. Whether the regiment has any particular wish with regard to the personage who should
make the presentation in the event of Her Majesty being unable to do so in person.

8.025. New standards, guidons and colours are issued to units shortly before the date fixed for
presentation under arrangements made between the Ministry of Defence (PS12 (Army)) and
headquarters of the formation concerned. They are not to be paraded until such time as they have
been formally presented and consecrated.

Consecration of Standards, Guidons and Colours

8.026.

a. The consecration of standards, guidons and colours for units which consist
predominantly of members of the Church of England is to be performed by the Chaplain

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General, or by another officer of the RAChD detailed by them, in accordance with Form A,
the authorized form of prayer.

b. When the majority of the men of the unit are Roman Catholics the consecration is to be
performed by the Roman Catholic Bishop in Ordinary for the British Army, or by an officer of
the RAChD detailed by them, and Form B is to be used.

c. When the majority of the men of the unit are Church of Scotland, a Church of Scotland
chaplain is to be detailed by the Chaplain General to perform the consecration, and Form A
is to be used.

d. In special circumstances, with the consent of the personage presenting standards,

guidons or colours, an authorized shortened form of prayer, Form D, may be used.

e. Copies of the appropriate forms of prayer may be obtained from the Ministry of
Defence (Chaplains (Army)).

8.027. Chaplains of the other denominations in the stations should be invited to be present at
the ceremony, and all chaplains on parade are to be included in the parade state for the day.

8.028. For the ceremonial of consecration, see Ceremonial for the Army (Army Code
64332).

Movement of Consecrated Standards, Guidons and Colours

8.029. When consecrated standards, guidons or colours are being moved from, or to, the
place where they are usually kept, an escort is invariably to accompany them. When it is
necessary to send them to be deposited for safe keeping the escort is to consist of the usual colour
party as laid down in Ceremonial for the Army (Army Code 64332).

Disposal of Standards, Guidons and Colours

8.030.

a. Old standards, guidons or colours which are provided from public funds remain the
property of the State. After replacement it will be normal practice for them to be laid up in a
church or other building which is open to the public, eg a regimental museum.
Circumstances may however arise where standards, guidons or colours cannot be accepted
in a suitable public building or where it is considered more meaningful that they should be
laid up in a building such as an officers' or sergeants' mess; preferably, where appropriate, in
a static location such as a depot or training establishment. All standards, guidons or colours
which have been replaced are to be laid up at the earliest opportunity, unless special
dispensation has been obtained from the Ministry of Defence (PS12(Army)) to do otherwise
Converted regiments with no longer an entitlement to either a standard, guidon or colours,
may, if they so wish, retain them up until their due replacement date, whereupon they are to
be laid up. In such cases the standard, guidon or colours concerned are not to be paraded
when other units are present.

b. There will be no disposal of colours without Ministry of Defence sanction and GOCs or
commanders are to ensure that all proposals are submitted by the commanding officer to the
Ministry of Defence (PS12(Army)) through formation headquarters.

c. Where colours are to be laid up in a church or other public building proposals should
contain the following information:

(1) The eventual location of the standard, guidon or colours.

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(2) The date on which it is proposed that they should be laid up.

(3) Certification of approval by the colonel of the regiment.

d. Where disposal is proposed other than in c above the following information is to be

forwarded:

(1) A statement of the circumstances which warrant deviation from the normal
practice.

(2) The proposals for the disposal including the eventual location of the standard,
guidon or colours and details of the method of preservation.

(3) The appointment of the officer responsible for their care - this will normally be the
commanding officer of the regiment or establishment concerned.

(4) The approval of the colonel of the regiment.

(5) The approval of the formation commander.

On receipt of the application the Ministry of Defence (PS12(Army)) will obtain the
approval of the Chaplain General before the proposal is considered.

e. Where colours have not been provided from public funds the above conditions apply
only if they have been consecrated. In such cases any stipulations made by the donor
regarding the disposal of such colours will be included in the application.

f. When colours are being laid up honours may be paid, the escort, if provided, being
found from the regiment concerned.

g. When it is essential for either a standard, guidon or colours to be laid up in an officers'

or sergeants' mess, application may be made for a display case, special lighting etc, to be
provided at public expense. Units should apply through the chain of command for the
appropriate funding. If this cannot be provided, then the matter is to be referred to the TLB
holder for resolution.

h. Colours once laid up are intended to remain where deposited in perpetuity, but should
it become necessary to change their location, the procedure set out in para 8.030b-d is to be
repeated.

i. Other than as authorized in g and in JSP 751, para 4.0137, no maintenance or other
charges against public funds are permissible when colours are laid up or otherwise disposed
of.

j. If desired, unserviceable belts for standards, guidons and colours may be retained by
the unit and struck off charge on replacement.

8.031.

a. The ceremonial appropriate to the laying up of standards, guidons and colours is

contained in Ceremonial for the Army (Army Code 64332), Chapter 13.

b. The form of prayer may be obtained from the Ministry of Defence (Chaplains (Army)).

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Disposal of disintegrated or damaged Standards, Guidons and Colours

8.032A. When a standard, guidon or colour is deemed completely disintegrated (it no longer
supports its own weight on the pike or, if netted, the netting and only a few un-recognisable scraps
of silk remain), the Chaplain in charge of the church or chapel or the Administrator of the Public
Building concerned should gather the remains and store them in a secure location. The pike,
tassels and crown mount can remain in place until they are passed to the owning Regiment. Care
must be taken to prevent the unauthorised removal of the remains.

8.032B. The Chaplain / Administrator should establish the identity of the standard, guidon or
colour and then contact the HQ of its Regiment or, in the case of a unit that has disbanded, the HQ
of the successor Regiment. If no record of its owner exists reasonable efforts should be made to
identify it; but if this is impossible advice should be sought from MOD(Chaps) and MOD HC PS12
SO2 Ceremonial & Plans.

8.032C. There are two options for the disposal of the consecrated cloth:

a. The cloth, as it is, together with the pike can be buried in an unmarked location in
consecrated ground.

b. The cloth (and pike if the Regiment wishes) can be burnt and the ashes scattered in a
suitable location. This could be Church Grounds or a graveyard, or a location that has
special significance to the Regiment, subject to any necessary consents. The burning of the
cloth removes the necessity for the scattering of the ashes on consecrated ground.

8.032D. The crown mount and tassels (if still present) should be given to the Regimental HQ for
retention together with the pike (if still present). The crown mount is not to be burned or buried
with the consecrated cloth or reused and under no circumstances is the pike to be reused to carry
another standard, guidon, colour or any other flag or banner.

8.032E. The Chaplain or Administrator, in consultation with the Regimental Secretary /

Regimental Adjutant, should arrange for a short service to be conducted for the burial of the
consecrated cloth, or the scattering of the ashes. The size and scale of this service is at the
discretion of the regiment. Such a service could be part of an established Regimental Day or to
mark the anniversary of a specific Battle Honour.

8.032F. The Regiment concerned is to ensure that the property records of the church or other
location are updated accordingly and MOD HC PS12 informed of the disposal of the standard,
guidon or colour.

Banners and other Flags

8.033. Banners, standards and flags that have not been consecrated are not to be carried on
a parade where consecrated standards, guidons and colours or any other consecrated emblems
are also on parade. Even if carried on parade without any other consecrated emblems, banners,
standards and flags are not to be saluted or paid any compliments.

8.034. Reserved.

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PART 3 - HONOURS, SALUTES AND COMPLIMENTS

Guards of Honour
J8.035. A guard of honour not exceeding a total of 104 all ranks (further details can be found in
Ceremonial for the Army (Army Code 64332), a band and Colour, or equivalent, may be
mounted:

a. For The Queen, The Duke of Edinburgh, The Lord High Commissioner to the General
Assembly of the Church of Scotland or a Member of the Royal Family who is a Royal Highness or.

b. For a foreign sovereign, head of state, or a member of a reigning foreign imperial or

royal family, when attending Service occasions or on other occasions when ordered to do so
by the Defence Council or a Head of Service. When a Head of Service proposes to mount a
guard of honour for one of these personages on their arrival in the United Kingdom, the
Defence Council is to be informed immediately.

c. At State ceremonies when ordered to do so by the Defence Council.

d. For a governor general, governor, high commissioner or officer administering a British

Commonwealth country, associated state or dependent territory, or for an ambassador when
taking the salute on the occasion of The Queen's Birthday Parade when British troops are
stationed in a foreign country, or for a high commissioner when taking the salute on the
occasion of The Queen's Birthday Parade when British troops are stationed in a
Commonwealth country of which The Queen is not head of state.

J8.036. A guard of honour not exceeding a total of 55 all ranks (further details can be found in
Ceremonial for the Army (Army Code 64332), a band and Colour, or equivalent, may be
mounted:

a. To receive a foreign head of government.

b. To receive the Secretary of State for Defence at a Service station.

c. To receive the Chief of the Defence Staff, the Chief of the Naval Staff and First Sea
Lord, the Chief of the General Staff or the Chief of the Air Staff on an official visit to any
formation of the 3 Services.

d. To receive a flag, general or air officer commander of 4 or 5 star rank on their arrival
and departure on a ceremonial occasion within their command and when they first take up
and finally quit their command if outside the United Kingdom.

e. To receive a Commonwealth or foreign officer of flag, general or air rank who is a Chief
of Defence Staff or a Chief of a single Service, or an officer holding a 4 or 5 star appointment
in a Commonwealth or foreign country, on their arrival in the United Kingdom, or at a Service
station within a territory subject to Her Majesty's authority to visit the civil governor or officer
in command.

f. To receive a Minister of Defence of a Commonwealth or foreign country on their arrival

in the United Kingdom in an official capacity.

g. To receive the Secretary General of the North Atlantic Treaty Organization, or other
international organization of similar status of which the United Kingdom is a member country,
on their arrival in the United Kingdom in an official capacity.

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h. On other occasions, subject to the approval of the Defence Council at stations in the
United Kingdom, or of the British representative in the territory or senior service officer as
may be appropriate at stations abroad.

8.037. When the provision of a guard of honour would occasion expenditure from Army funds
other than is permitted by current regulations it is not to be approved without the prior sanction of
the Ministry of Defence PS12(A).

Ceremonial Guards
8.038. A guard mounted over The Queen, The Duke of Edinburgh, The Lord High
Commissioner to the General Assembly of the Church of Scotland, a Member of the Royal Family
who is a Royal Highness or a governor general, governor, high commissioner, or officer
administering the government in their capacity as Her Majesty's representative within the area of
their jurisdiction, or a foreign sovereign, the president of a republican state or a member of a
reigning foreign imperial or royal family is to consist of:

a. When the Queen's colour is carried, one major or captain, two subaltern officers (one
carrying the colour) and a sufficiency of other ranks.

b. When no colour is carried, one officer below the rank of captain and a sufficiency of
other ranks.

Honours and Salutes to Members of the Royal Family and Other Personages
J8.039. The honours and salutes to be given by guards of honour and on parades on the arrival
and departure of The Queen, The Duke of Edinburgh, The Lord High Commissioner to the General
Assembly of the Church of Scotland and other Members of the Royal Family are as follows:

a. To The Queen, The Duke of Edinburgh, The Lord High Commissioner to the General
Assembly of the Church of Scotland and The Prince of Wales / Duke of Rothesay in
Scotland. Royal Salute - Arms presented, standards, guidons and colours lowered. The
band is to play the first verse of the National Anthem for The Queen, The Duke of Edinburgh
and The Lord High Commissioner to the General Assembly of the Church of Scotland, but
only the first 6 bars for The Prince of Wales / Duke of Rothesay in Scotland. If The Duke of
Edinburgh or The Prince of Wales / Duke of Rothesay in Scotland arrives or departs during
The Queen's presence the National Anthem is not to be played.

b. To other Members of the Royal Family who are Royal Highnesses. Royal Salute -
Arms presented, standards, guidons and colours lowered and the first 6 bars of the National
Anthem played (but see para J8.040).

J8.040.

a. When any of the personages at para J8.039a are present, 6 bars of the National
Anthem are to be played only if specially ordered for the member for whom the parade is
held.

b. When none of the personages mentioned at para J8.039a is present, but more than
one other member of the Royal Family is present, the first 6 bars of the National Anthem are
to be played only for the member for whom the parade is held.

J8.041. Arms are to be presented to the Crown when in ceremonial procession and not in the
presence of The Sovereign, but standards, guidons and colours are not to be lowered and bands
are not to play the National Anthem. When the Crown of Scotland is received in ceremonial

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procession by Lord Lyon King of Arms at the Parliament prior to the Opening of Parliament by The
Queen, arms are to be presented.

J8.042. The honours and salutes to be given by guards of honour and on parades on the arrival
and departure of the personages are mentioned below.

a. To Foreign Sovereigns and the other Personages mentioned in para J8.035b. Royal
Salute - Arms presented, standards, guidons and colours lowered and the band plays the
whole of the National Anthem of the personage.

b. To a Governor General and the other Personages mentioned in para J8.035d. Royal
Salute - Arms presented, standards, guidons and colours lowered and the band normally
plays the first 6 bars of the British National Anthem. Within independent states, however, the
playing of national anthems will be subject to local instructions.

c. To a Head of Government as mentioned in para J8.036a: General salute - Arms

presented and the band plays the National Anthem of the recipient. Standards, guidons and
colours are not to be lowered.

d. To the Personages mentioned in para J8.036b and c and to Admirals of the Fleet,
Field Marshals and Marshals of the Royal Air Force, other Officers of Flag, General or Air
Rank, and Commonwealth or Foreign officers of Corresponding Rank, and Inspecting
Officers of Lower Rank. General Salute - Arms presented and the band plays the general
salute or in the Royal Navy the appropriate salute. Standards, guidons and colours lowered
only for the personages mentioned in para J8.039a and b and for admirals of the fleet, field
marshals and marshals of the Royal Air Force.

e. Personages in J8.036f, g and h receive a general salute with arms presented and the
band plays general salute (Scipio). Colours are not lowered. The Household Division pay
compliments in accordance with para 55 of Annex A to Ch 2.

J8.043.

a. Personages mentioned in para J8.035d who are also officers of flag, general or air
rank are entitled to the honours due to their rank as well as those due to their civil office.

b. Service officers acting in any civil office are entitled to the honours appertaining to such
office.

The National Anthem

8.044. Whenever the National Anthem is played as part of a salute or on a parade other than
a church parade, officers in military uniform, not under the orders of the parade commander are to
salute.

8.045.

a. Officers in attendance on The Queen, the Duke of Edinburgh, The Lord High
Commissioner to the General Assembly of the Church of Scotland and other Members of the
Royal Family, or the personal staff of governors general and governors (when such
governors general or governors represent The Sovereign on official occasions), are not to
salute when the National Anthem is played for the Royal Salute. The exception to the above
is on the occasion of the Trooping of the Colour on the Queen's Birthday Parade, when the
National Anthem is played on the presentation of arms to the colour. All officers, including
those in attendance on Her Majesty, are then to salute.

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b. On a parade after the Royal Salute has been given, the GOC alone is to be regarded
as in attendance and is to take up their position in rear of Her Majesty, or in the case of The
Lord High Commissioner to the General Assembly of the Church of Scotland, in rear of Her
Grace, The High Commissioner (female) / His Grace, The Lord High Commissioner.

8.046. The National Anthem is not to be played for officers who are serving as governors or
high commissioners or administering any Commonwealth country, associated state or dependent
territory, when they go on board any of Her Majesty's ships.

Compliments by Guards and Sentries

J8.047. Compliments are to be paid by guards and sentries as follows1, 2:

Guards mounted on Action

a. The Queen, (1) Guard to turn out and present arms to:
The Duke of Edinburgh. The Queen, The Duke of Edinburgh and The Lord High
The Lord High Commissioner to the Commissioner to the General Assembly of the Church
General Assembly of the Church of of Scotland.
Scotland.
(2) Sentry to present arms to:
All Members of the Royal Family and The Lord High
Commissioner to the General Assembly of the Church
of Scotland.
(3) Sentry to salute:
All officers in uniform.
b. Other Members of the Royal Family (1) Guard to turn out and present arms to: All Members of
the Royal Family.
(2) Sentry to present arms to:
All members of the Royal Family.
(3) Sentry to salute:
All officers in uniform.

c. Governors general, governors, (1) Guard to turn out and present arms to:
high commissioners or officers All Members of the Royal Family.
administering British The personage on whom the guard is mounted.
Commonwealth countries, Personages of similar or higher degree.
associated states or dependent
territories.
(2) Sentry to present arms to:
All members of the Royal Family.
The personage on whom the guard is mounted.
Personages of similar or higher degree.

(3) Sentry to salute:

Personages of lower degree.
All officers in uniform.

d. Officers of flag, general or air rank (1) Guard to turn out and present arms to:
All Members of the Royal Family.
The personages in c above.
Officers of flag, general and air rank when in uniform.
(2) Sentry to present arms to:
All Members of the Royal Family.
The personages in c above
Officers of flag, general and air rank when in uniform.
(3) Sentry to salute:
Officers below flag, general or air rank when in uniform.

1
Guards are also to turn out and to present arms to armed parties.
2
See also para 8.053.

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e. Officers below flag, general or air (1) Guards to turn out and present arms to:
rank. All members of the Royal Family.
The personages in c above.
Officers of flag, general or air rank when in uniform.
Once a day to the officer on whom the guard is
mounted.

(2) Sentry to present arms to:

All members of the Royal Family.
The personages at c(2) above.
Officers of flag, general or air rank when in uniform.
Field officers or the equivalent when in uniform
(3) Sentry to salute:
All other officers in uniform
f. Regimental guards. (1) Guard to turn out and present arms to:
All Members of the Royal Family.
The personages in c above.
Officers of flag, general or air rank when in uniform.
Once a day to their commanding officer.

(2) Sentry to present arms to:

All Members of the Royal Family.
The personages in c above.
Officers of field rank or the equivalent, and above,
when in uniform or recognized.
(3) Sentry to salute:
All other officers in uniform or when recognized.

8.048. An officer under the rank of a general officer is not entitled to the compliment of the
bugle sounding the salute, or the drum beating a ruffle when guards present arms to them.
Officers not in uniform, except members of the Royal Family and governors general, governors,
high commissioners or officers administering the government, are not entitled to the compliment of
a guard turning out. Brigadiers are not entitled to the compliment of the guard turning out, except
in the case of those guards found by troops under their command and mounted under their
immediate order or under the orders of their unit commanders.

8.049. When a general officer in uniform, or a person entitled to a salute, passes in rear of a
guard, the commander is to cause their guard to turn out, and stand with shouldered arms, facing
the front, but no drum is to beat or bugle to sound. When such officers pass guards while in the
act of relieving, both guards are to salute as they stand, receiving the word of command from the
senior commander.

8.050. Guards on the march are to pay the prescribed compliments to general officers in
uniform.

8.051.

a. All guards and sentries are to pay the same compliments to commissioned officers of
the Royal Navy, Royal Marines and Royal Air Force when in uniform, as are directed to be
paid to officers of the Army.

b. Special regulations relating to the compliments to be paid by the Household Division

are contained in Her Majesty's Regulations for the Household Division (see Annex A to
Chapter 2).

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8.052.

a. Guards are to turn out at all times when armed parties approach their posts. For this
purpose an armed party is defined as a body of troops of any branch of the Service armed
with swords, guns or rifles, or wearing sidearms, or 2 or more tanks or armoured cars.

b. Guards are to present arms to armed parties of at least the following size:

Household Cavalry or RAC A regiment

RHA or RA A battery
RE or R SIGNALS Three squadrons
Foot Guards and Infantry (see note A battalion (with or without
b to para 8.001) colours)
RLC or REME Three squadrons or equivalent

To smaller armed parties they are to stand with shouldered arms.

c. They are not to pay compliments between the hours of Retreat and Reveille except to
‘grand rounds', ie the field officer of the week inspecting barracks or camp for security.

d. They are not to turn out to unarmed parties.

Compliments on the March

8.053. Armed parties, in paying compliments on the march, are to be called to attention,
infantry are to shoulder arms, and rifle and light infantry battalions are to trail arms, and the
command, ‘Eyes right (or left)' is to be given; mounted units are to carry swords. Armoured units
are to dip their guns.

Compliments in Special Cases

J8.054.

a. An officer of Her Majesty's diplomatic or other non-military service is entitled to the

honours and salutes appertaining to their office.

b. An officer holding a civil office who is also an officer of flag, general or air rank is
entitled to the honours due to that rank if they are higher than those due to their civil office.

c. The compliments laid down in these regulations are to be paid to officers of

corresponding rank in the service of any power formally recognized by Her Majesty.

Saluting
8.055. All Service personnel are to salute on the occasions and in the manner prescribed in
the Drill Manual 1990 (Army Code No 70166).

8.056.

a. All officers are to salute their seniors before addressing them on duty or on parade;
when swords are not drawn they are to salute with the right hand in the manner prescribed.
Officers, except when their swords are drawn, are to return the salutes of junior officers and
of soldiers. A salute made to 2 or more officers is to be returned by the senior only. When

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not on duty or parade but in uniform, officers under the rank of major are to salute all officers
of field rank and upwards. General officers and field officers are to salute their superiors in
rank.

b. Officers in uniform are to salute their seniors in rank in the Royal Navy and Royal Air
Force.

8.057.

a. Warrant officers, NCOs and soldiers are to salute all commissioned officers who they
know to be such, whether in uniform or not, including officers of the Royal Navy, Royal
Marines and Royal Air Force, Warrant officers, NCOs and soldiers are to salute with the right
hand. Where from physical incapacity a right hand salute is impossible, the salute is to be
given with the left hand.

b. NCOs and soldiers are to address warrant officers in the same manner as for officers,
but are not to salute them.

8.058. All ranks passing troops or naval landing parties with uncased colours are to salute the
Colours and the commanding officer (if senior).

8.059.

a. All ranks and colour parties passing a military, naval or air force funeral are to salute
the body and are to pay appropriate compliments to Standards, Guidons and Colours, except
as otherwise provided for in Ceremonial for the Army (AC 64332).

b. All ranks in uniform, whether singly or in formed bodies, are to salute when passing the
Cenotaph. Service and retired personnel in civilian clothes are also to pay appropriate
compliments when passing the Cenotaph.

8.060. All ranks boarding any of Her Majesty's ships or a foreign warship are to salute the
quarterdeck.

8.061. The rules for saluting in boats are as given in Ceremonial for the Army (AC 64332)
paras 16.07-16.10.

Gun Salutes
8.062.

a. Gun salutes are authorized to be fired from the following land based stations:

At Home
Primary Saluting Stations Secondary Saluting Stations (See Note)
Hillsborough Castle Belfast Colchester
Edinburgh Castle Dover Castle
Cardiff Castle Stirling Castle
London – Hyde Park and Larkhill (RA Barracks)
HM Tower of London York (Museum Gardens)
Windsor Castle
Gosport (Fort Blockhouse)
Plymouth (HMNB Devonport)

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Abroad
Gibraltar - Grand Battery, Caroline’s Battery or
Berth 41 HM Naval Base.

Note:
a. Salutes from these stations are subject to the division or formation commander's ability
to provide the necessary saluting troop.

b. Salutes other than Royal Salutes are not to be fired from Hyde Park without Ministry of
Defence authority.
c. At funerals in London of general officers entitled to a salute of cannon the salute is,
unless otherwise ordered, to be fired from the grounds of the Royal Hospital, Chelsea.

8.063. Royal Salutes consist of 21 guns, except those fired from Hyde Park, which consist of
41 guns, and HM Tower of London, for which the number is laid down in the regulations for that
fortress. Royal Salutes may be fired at the request of the Defence Services Secretary or with the
approval of the formation commander, or, in the case of stations abroad, the Senior Military
Representative, on the following occasions:

a. On the arrival of The Queen, The Duke of Edinburgh, The Lord High Commissioner to
the General Assembly of the Church of Scotland or a member of the Royal Family who is a
Royal Highness.

b. On the arrival of a foreign crowned head, or sovereign prince, or his consort; a prince
who is a member of a reigning imperial or royal family; the president of a republican state.

NB. Royal Salutes will not normally be fired on the departure of the above except as
requested by the Defence Services Secretary or with the approval of the Ministry of Defence.

c. On the passing of a vessel flying the Royal Standard and flags denoting the presence
of The Queen (or members of the Royal Family who are Royal Highnesses representing The
Queen), or The Duke of Edinburgh.

No other flag is to be saluted in the presence of either the Royal Standard, or the standard of other
members of the Royal Family, except the standard of a foreign reigning imperial or royal family, or
of the president of a republican state.

8.064. Royal Salutes are to be fired at saluting stations of the 4 capital cities of the United
Kingdom and at saluting stations abroad on the following occasions:

a. The birthday, accession and coronation of The Queen.

b. The birthday of The Duke of Edinburgh.

c. The birthday of the Prince of Wales / The Duke of Rothesay in Scotland.

These salutes are to be fired on the actual date anniversary, but when the anniversary falls on a
Sunday the salute is to be fired at noon on the following day.

d. The day announced in the London Gazette as the official birthday of The Queen. They
are not to be fired at stations abroad on this day, except in connection with a parade held in
honour of The Queen's birthday, as a result of a decision made by The Queen's chief
representative after consultation with any local authorities of the Royal Navy, the Army and
the Royal Air Force. Should the date of The Queen's official birthday coincide with the
birthday of The Duke of Edinburgh, both salutes are to be fired in sequence on the same day

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from saluting stations at home. From saluting stations abroad 2 salutes are to be fired,
subject to the conditions above.

e. The Royal Salutes listed above may also be fired from other saluting stations in para
8.062, subject to the direction of the GOC concerned and the availability of the necessary
gun troop.

f. Royal Salutes are also to be fired at HM Tower of London and in Hyde Park on the
occasion of The Sovereign opening, proroguing or dissolving Parliament in person, or
passing through London in procession on special occasions.

8.065. With the approval of Her Majesty, Royal Salutes will also be fired on the occasion of
The Queen or a member of the Royal Family who is a Royal Highness attending a ceremony to
mark an occasion of Royal or national importance.

8.066. On the occasion of the celebration of the birthday of The Sovereign or the consort of a
sovereign of a foreign nation, or of other important national festivals and ceremonies, by any
warships of such nation, a salute not exceeding 21 guns may be fired in conjunction with any of
Her Majesty's ships that may be present, on official intimation of the intended celebration being
received by the commander of the troops at the station.

8.067. Salutes to foreign royal personages and other foreign authorities and flags are
authorized only in the case of a government formally recognized by Her Majesty.

8.068. Salutes, other than Royal, may be fired at the stations enumerated in para 8.062 on
the arrival of the following personages when visiting a station officially:

19 Guns.

Ambassadors extraordinary and plenipotentiary.

The Secretary of State for Defence.

The Chief of the Defence Staff.

NB. Salutes are not to be fired on the departure of the above without authority of the Ministry of
Defence, or, at stations abroad, the senior British officer in command.

8.069. Salutes may also be fired on the following occasions:

a. The Lord Warden of the Cinque Ports, 19 guns; by the station within The Lord
Warden's jurisdiction only, on the customary occasions.

b. Admirals of the fleet, 19 guns; admirals, 17 guns; vice-admirals, 15 guns; rear-

admirals, 13 guns; commodores, 11 guns; on landing for the first time, being in actual
employment. Similar compliments may be accorded to officers of equivalent rank in the
Royal Air Force, when in command. These salutes are not to be repeated more than once in
12 months abroad and 3 years at home unless the officer shall have received an advance of
rank.

c. Governors general, 21 guns; the commissioners general, 19 guns; governors or high

commissioners of countries under Her Majesty's protection, 17 guns; lieutenant governors
and officers administering an associated state or dependent territory and if holding a
commission direct from The Sovereign, or acting temporarily for an officer so commissioned,
15 guns:

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(1) On the first landing in their governments.

(2) On the reading of the Royal Commission and taking oaths of office.

(3) On departing from their governments on leave of absence.

(4) On returning from leave of absence exceeding 3 months.

(5) On finally quitting their governments on expiration of their term of office.

(6) On official visits within their governments, but not more often at any one place
than once in 12 months.

8.070. Salutes in honour of officers of the Army, other than those mentioned above, are not to
be fired except at their funerals, when the number of guns is to be as given in para 8.124.

8.071. Salutes consisting of the number of guns stated below are also to be fired at the
funerals of the following personages, whether of British or foreign nationality, when within the
jurisdiction of the state to which they are accredited:

Ambassadors, 19 guns; envoys extraordinary and ministers plenipotentiary and others

accredited to sovereigns (except such as are accredited in the specific character of minister
resident), 17 guns; ministers resident and diplomatic authorities below the rank of envoy
extraordinary and minister plenipotentiary and above that of chargé d'affaires, 15 guns;
chargés d'affaires, or subordinate diplomatic agents left in charge of missions, 13 guns;
British consuls general, 13 guns; foreign consuls general, 11 guns; consuls, 7 guns.

8.072.

a. Naval, army and air force officers temporarily acting in any higher command are
entitled, during their temporary tenure, to all the honours or salutes that may appertain to that
office.

b. Such personages mentioned above as may, from their rank and appointments, be
entitled to be saluted in more than one capacity are to be saluted under the rank which
entitles them to the greatest number of guns, but on no occasion is the same individual to be
saluted in more than one capacity.

8.073. A subordinate naval, army or air force officer is not to be saluted in the presence of a
superior naval, army or air force officer of the same nationality. Personal as well as other salutes
are included in both cases.

8.074. A foreigner of high distinction, or a foreign general, flag or air officer, when visiting the
governor general, governor, high commissioner, lieutenant governor or officer administering the
government of, or the military officer in command of, a station within a British Commonwealth
country, associated state or independent territory may, on landing, be saluted with the number of
guns which, from their rank, they are entitled to receive from a warship of their own nation, or with
such number, not exceeding 19, as may be deemed proper; but such salute is not in any case to
exceed the number of guns given to officers of corresponding rank in the Royal Navy, Army or
Royal Air Force.

8.075. All salutes from warships of other nations to the British nation are to be returned gun
for gun, but Her Majesty's ships and forces are not to exchange salutes in any part of the British
Commonwealth.

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8.076. The governor general, governor, high commissioner, lieutenant governor or officer
administering the government of a British Commonwealth country, associated state or dependent
territory is authorized to continue to sanction such salutes as may have been customary, and
which they may deem right and proper, at religious ceremonies, and further, to cause the usual
salutes to be fired at the opening and closing of the Houses of Parliament or the legislature. Such
salutes are in no case to exceed 19 guns.

8.077. Salutes other than those authorized by these regulations are not to be allowed, except
such as may be necessary for the fulfilment of any treaty obligation, provided that, on any
important occurrence (eg A great victory gained by Her Majesty's forces) the governor of any of
Her Majesty's territories abroad may direct such salutes to be fired as the occasion may seem to
them to require. Should there be any of Her Majesty's ships present, the decision is to be taken in
conjunction with the senior naval officer, and salutes are not to be fired unless the 2 officers concur
in the matter.

8.078. Normally salutes are not to be fired before 0800 hours or after retreat, or during the
usual hours for divine service on Sundays. In exceptional cases this may be varied locally.

8.079. Details concerning funeral honours which may be accorded are contained in paras
8.115 - 8.124.

Salutes in the Air

J8.080.

a. The approved method of saluting from aircraft consists of a shallow dive and climb, but
it is to be carried out only when there is a saluting base on the ground at a display or on
special occasions when duly authorized by the commanding officer of the station concerned.
The flying restrictions prescribed in Military Flying Regulations (JSP 318) are to be
observed.

b. Salutes are not to be exchanged between aircraft.

Honours awarded by Civic Authorities to Regiments and Corps

8.081. Instructions governing the award of honours to Regiments and Corps by Civic
Authorities are contained in Army General and Administrative Instructions, Volume 1, Chapter
2, paras 2.141 - 2.145.

8.082. Reserved.

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PART 4 - FLAGS

The Royal Standard and Personal Standards

J8.083. Royal Standard. The Royal Standard, being the personal flag of The Sovereign, is to
be hoisted on board HM ships and on official buildings and enclosures only when The Sovereign is
present. It is to be hauled down at the moment of departure. The only exception to this rule is that
the Royal Standard is to be flown if available at parades in honour of the birthday of The
Sovereign. Accordingly, the Royal Standard as used in Scotland is flown at Royal salutes fired in
Edinburgh on the occasion of the birthday and official birthday of The Queen. The Royal Standard
is never hoisted when The Sovereign is passing in procession. The Royal Arms of Scotland (Lion
Rampant) are used for The Lord High Commissioner to the General Assembly of the Church of
Scotland and Lord Lyon King of Arms as the Royal Arms of Scotland are The Sovereign’s Arms
appropriate to those appointments which pertain to that realm.

J8.084. Personal Standards.

a. When, in the absence of The Sovereign, a Member of the Royal Family is present, the
Member's personal standard is to be hoisted (at the main, when on board one of HM ships)
and is to be treated with the same respect and saluted in the same manner as the flags
denoting the presence of The Sovereign. When 2 or more Members of the Royal Family are
present, one standard only - that of the senior Member present - is to be hoisted.

b. The standard which is provided for ‘other Members of the Royal Family' is to be flown
similarly for any Member who does not possess a personal standard.

c. If circumstances arise in which the standards referred to in sub-paras a and b are not
available, the White Ensign, Union Flag or RAF Ensign is to be hoisted and treated in a
similar manner.

Flags at Headquarters and Establishments

J8.085. Unified Headquarters. The distinguishing flag of the unified CinC or commander is to
be flown at the mast head and the Union Flag at the peak to denote the presence of a United
Kingdom military force.

J8.086. Joint Commanders and Joint Service Units and Establishments. In joint
operations, should the officer commanding, appointed in a joint capacity and being of one star rank
or above, be embarked in one of HM ships or RFAs, the appropriate Unified Commander joint
service distinguishing flag or pennant should be hoisted at the fore to denote the presence of the
headquarters. Such a flag is not to displace a maritime commander’s flag or broad pennant, if both
are embarked in the same ship, or the masthead pennant of the ship, but is to be flown superior to
existing flags to indicate that the joint commander is in overall command of maritime forces. The
Joint Service Flag is to be flown at units and establishments provided that they are:

a. Under the control, of the relevant complementing authority.

b. Manned by members of more than one Service for a joint purpose.

c. Under the direct functional control of either the Ministry of Defence or the headquarters
of a unified commander and that there are no local circumstances that may make it
undesirable for them to fly this flag. Other establishments which although manned by
personnel from more than one Service which are primarily single Service, are to fly the flag of
that Service. Exceptions to the foregoing rules are the staffs of the UK National Military

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Representatives to International Defence Organizations and UK Support Units, for whom the
national flag is the appropriate flag to be flown alongside those of units from other countries.

8.087. Single Service Establishments.

a. The ceremonial Army Flag is the Union Flag. Only the Union Flag is to be flown at any
event of a ceremonial nature. Except in the circumstances described at para J8.083 and
J8.084a.

b. The Army Flag (non-ceremonial) is a Flag with red background with two swords in
saltire proper pommels and hilts or surmounted by the Royal crest. The Army Flag (non-
ceremonial) is authorized to be flown at any Army or inter-Service events of a non
ceremonial nature, such as sporting events, tattoos, pageants and displays. It may also be
flown at Army headquarters and recruiting offices. The Army Flag is not to be flown as the
principal flag denoting Army participation at any international event where the Union Flag
should be flown. The Army Flag (non-ceremonial) is never to be flown together with any
National Flag such as the Union Flag or either of the RN or RAF ensigns.

c. When there is only one flagpole the flag distinguishing the appropriate Army
headquarters is flown at the masthead and the Union Flag at the peak.

d. Units are to have permission from their superior British 3 star (or above) headquarters
to fly the Army ceremonial flag (Union Flag) daily.

e. The rules for the flying of the Union Flag, in its national capacity, and the establishment
at which it is to be flown, are shown in Annex A to this Chapter.

f. The Union Flag, in its national capacity, is also to be flown at half-mast as detailed
below.

Half-masting of Flags
J8.088. Instructions on the half-masting of ships’ colours, Union Flags or Ensigns will be issued
by the MOD to PJHQ, principal independent RN, RM, Army and RAF commanders and to the UK
National Military Representatives at International Defence Organizations. Recipients of these
instructions are to make arrangements to disseminate the information by the quickest means
available to subordinate headquarters and units and to British elements of organizations within
their areas. Implementation of these instructions overseas may be subject to variation at the
discretion of Service Commanders abroad who should liaise with their local UK political
representative so as to ensure a common policy applicable to local circumstances. The following
are a guide to procedures until confirmation has been promulgated by the MOD:

a. On the Death of The Sovereign. All flags are flown at half-mast from the
announcement of the death of The Sovereign up to the end of the day of the funeral, with the
exception of Proclamation Day, when they are hoisted to the top of the flagpole from 11am
(local time) to sunset.

b. On the Death of a Member of the Royal Family. All flags are flown at half-mast, subject
to The Sovereign’s wishes, from the day of death up to the end of the day of the funeral.

c. On the Death of a Foreign Sovereign, Head of State or other Distinguished Foreign or

Commonwealth National (as promulgated by the Ministry of Defence). All flags are flown at
half-mast on the day of the funeral.

d. On the Death, when holding office, of a Defence Minister, the Chief of the Defence
Staff, the Chief of the Naval, Army or Air Staff of the Defence Board or the Permanent Under

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Secretary of State. All flags are flown at half-mast on the day of death and all day on the day
of the funeral.

e. On the Death of a Serving Military Officer or Other Rank. Flags to be flown at half-
mast on the day of death, the day of repatriation and on the day of the funeral until after the
burial when the flag will be full masted to denote the end of military mourning. It is
anticipated that usually action would be limited to the unit, its Regimental or Corps
Headquarters and the immediate superior formation of the deceased.

J8.089. Ships' colours, Union Flags and ensigns may, at the discretion of the senior officer in
consultation with the local political representative be half-masted as a matter of courtesy to
conform to local national action.

J8.090. Where the Union Flag or ensign is flown in company with the national flag or flags of
any other country or countries (including Scotland, Northern Ireland and Wales), it is to be half-
masted as a matter of courtesy whenever the other national flag is half-masted.

J8.091. In foreign ports, HM ships and vessels should conform when warships of the country
concerned half-mast their colours on the death of one of their nationals other than the sovereign or
head of state. If a foreign ship is in a British port on such an occasion, HM ships and vessels in
company should half-mast their colours on the day of the funeral only unless the Defence Council
issues special orders.

J8.092. HM ships and vessels approaching or leaving an anchorage where any other of HM
ships or vessels are flying a foreign ensign or national flag at half-mast, or have their colours at
half-mast, are to conform while in sight of the ships in port.

Procedure for Half-Masting of Flags

J8.093. Flags are to be half-masted according to the following procedure:

a. Flags flown at half-mast are to be flown with the top of the flag positioned two thirds of
the way up the mast/halyard, but not less than one flag breadth from the top. Should the flag
be sufficiently low to be in contact with the ground/deck then consideration should be given
to reducing the size of the flag.

b Flags cannot be flown at half-mast on poles that are more than 45º from the vertical; a
mourning cravat may be used instead. A mourning cravat is fitted to the top of the spike or
pole and allowed to hang. A typical cravat is a length of black silk or cotton material 50-
100mm in width and twice the length of the flag, it should be tied in a small bow so that the
two ends are of equal length. The same applies to unit Colours, Standards and Guidons that
are carried during a period of mourning when the correct term is draping of Colours.

c. Flags that are flown permanently at any location are not to be flown at half-mast during
the hours of darkness.

d. When flags are to be at half-mast from morning colours until sunset flags are to be first
hauled fully up and allowed to remain in that position for a short period before being lowered
to the position described in para 8.093a. When flags that are flying at half mast are to be
lowered, they are first to be hoisted fully up prior to lowering at sunset/the end of the day

e. All flags that are on the same stand of poles should be at half-mast or should be
removed for the duration that other flags are at half-mast. Flags of foreign nations should not
be flown unless their country is also observing mourning.

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f. United Kingdom national flags when flown abroad should also be at half-mast. If the
flag is flown on the same stand as the host nation’s flag, then the host nation’s flag should
not be flown unless that nation is also observing national mourning. Where a United
Kingdom national flag is flown alongside a number of other nations’ flags such as outside a
multinational Headquarters, it is considered inappropriate to remove all other flags in order to
fly the United Kingdom national flag at half-mast. In these circumstances the United
Kingdom national flag should not be flown for the duration of mourning. In case of doubt, the
British Embassy, consulate or High Commission should be consulted.

Flags in Vessels and Boats

8.094. Seagoing vessels in service as operational units of the Army, flying the Army Ensign,
commanded by Army officers and manned by Army personnel in uniform are designated ‘HM Army
Vessels' (HMAV) and are permitted to wear the Union Flag at the jack staff when in harbour or
under way and dressed with masthead flags.

8.095. All Army vessels designated ‘HM Army Vessels' are authorized to wear the Army
Ensign, which is the Blue Ensign defaced by the Army Badge in gold. All other Army vessels, that
are vessels manned by mixed crews of Army and civilian personnel, are authorized to wear the
Blue Ensign defaced with the RLC ‘crossed swords' device.

8.096. HM Army Vessels and other Army vessels are to wear the appropriate ensign subject
to the following rules:

a. Wearing the Ensign in Vessels - The ensign is to be worn –

(1) In Harbour - At the ensign staff.

(2) At Sea - At the ensign staff whenever possible, but in bad weather, or whenever
the ensign staff is not available from any cause, such as the vessel being cleared for
action, it should be worn:

(a) In vessels with one mast, on a staff in a suitable position on the after
superstructure.

(b) In vessels with 2 masts, either as in (a) or at a small gaff to be fitted as a

‘peak' on the mainmast.

The local commander is to arrange for the necessary uniformity.

b. Ensign, Hoisting and Hauling Down, in Vessels –

(1) Vessels, when lying in home ports and roads, are to hoist their Ensigns at 0800
hours from 25 March to 20 September inclusive, and at 0900 hours from 21 September
to 24 March inclusive; but, when abroad, at 0800 hours or 0900 hours as the local
commander will direct; and they are to be worn if the weather permits, or the senior
officer present sees no objection thereto, throughout the day until sunset, when they
are to be hauled down.

(2) Whenever a vessel takes up its berth, or gets under way, if there be sufficient
light for the Ensign to be seen, it is to be hoisted, though earlier or later than aforesaid;
also on its passing, meeting, joining, or parting from, any of Her Majesty's ships; and
also, unless there should be sufficient reason to the contrary, on its falling in with any
other ship or ships at sea, or when in sight of, and near, the land, and especially when
passing or approaching forts, batteries, signal or coastguard stations, lighthouses, or
towns.

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c. Wearing the Ensign in Boats - Boats are to wear their Ensigns on the following
occasions:

(1) In foreign waters.

(2) In British waters –

(a) When the parent vessel is dressed;

(b) When going alongside a foreign warship on all occasions day and night.

(3) In British waters, boats are to wear their Ensigns in accordance with (2) above
between the times the colours are hoisted in the morning and sunset only, except as
provided for in (2)(b).

(4) In foreign waters, boats are to fly their Ensigns when away from their vessels at
any time between dawn and dusk, and also as in (2)(b).

(5) When the colours are half-masted in vessels, boats' Ensigns (if flown) are also to
be half-masted.

(6) When a corpse is being conveyed in a boat, either in British or foreign waters,
that boat is to fly its Ensign at half-mast.

J8.097. The Chief of the Defence Staff is authorized, when embarked in vessels or boats, to fly
a distinguishing flag. This is of equal dark blue, red and light blue horizontal bands with the tri-
Service emblem embroidered on both sides.

J8.098. Senior officers who are also governors of territories and the lieutenant governors of
Guernsey and Jersey, when embarked in vessels or boats, are to use the distinguishing flag
appointed for governors, or for such lieutenant governors, viz, the Union Flag with the approved
arms or badge of the territory emblazoned in the centre thereof on a white ground surrounded by a
green garland instead of the general officer's flag.

J8.099. When joint operations are being carried out, should the officer commanding the army,
air or Royal Marine components be embarked in a warship or transport, the appropriate
distinguishing flag of the senior non naval officer of the equivalent rank of commodore or above
may be hoisted at the fore to denote the presence of the headquarters. Such a flag is not to
displace any flag officer's flag, broad pennant or masthead pennant, and is to be flown in an
inferior position to it.

Distinguishing Flags on Motor Cars

J8.100. When Royal or distinguished persons entitled to fly personal standards or
distinguishing flags travel in Service vehicles, the appropriate standard is to be flown.

J8.101. Lists of the Service officers entitled to fly car flags and descriptions of the appropriate
flags are contained in Annex B to this Chapter.

J8.102. All distinguishing flags of Service officers are to be flown from a forward position on the
front bonnet of the car, but only when the car is occupied by the officer entitled to the flag.

J8.103. Occasions on which Car Flags are to be Flown.

a. Flags are to be flown (see Annex A):

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(1) On official occasions only: only the senior officer attending the function may
authorize a departure from the normal practice.

(2) In areas where there is a need for the car or its occupant to be recognized, eg
because of the proximity of Service establishments, etc. On cross-country journeys
flags are not normally to be flown but are to be hoisted at a short distance from the
destination.

b. A car flag may be flown by an officer wearing civilian clothes on duty, if the officer
considers it desirable.

c. Officers are not to fly the flag of their superior officer when acting as their
representative, but are to fly the flag, if any, to which they are entitled.

d. In foreign and Commonwealth countries, officers may fly their car flags on those
occasions when the British Ambassador or High Commissioner considers that it would be
appropriate for them to do so. In certain countries the flying of car flags may be completely
precluded by laws, customs or local conditions.

e. A Defence Attaché‚ or Adviser who is also accredited as a single Service Attaché‚ or

Adviser may fly the car flag of their own Service when attending functions relating to that
Service as opposed to those of a Defence character.

f. Subject to these general rulings, commanders may limit the flying of flags when they
consider the political or local circumstances in the area make it desirable to do so.

Flying of Flags on Aircraft

8.104. Flags are not flown on Army aircraft nor are they to be flown on any operational aircraft.
The Chief of the General Staff is authorized to fly the Union Flag with the Royal Crest embroidered
on both sides, when they are a passenger in a transport aircraft of the RN or of the RAF.

Star Plates
J8.105. Star plates may be displayed on cars carrying senior officers and officers of equivalent
rank in the other Services. The number of stars denotes rank and are as follows:

Admiral of the Fleet/Field Marshal/Marshal of the Royal Air Force Five stars
Admiral/General/Air Chief Marshal Four stars
Vice-Admiral/Lieutenant General/Air Marshal Three stars
Rear-Admiral/Major General/Air Vice-Marshal Two stars
Commodore/Brigadier/Air Commodore/Matron in Chief QARNNS/Matron One star
in Chief PMRAFNS

J8.106. The plates are to be displayed only on journeys made on duty. The star plates are to
be covered when the entitled officer does not occupy the vehicle.

J8.107. The star plates are royal blue for naval officers, red for Army and RM officers and air
force blue for air force officers. Officers in joint Service appointments are to display plates in the
joint Service colours of vertical bands of dark blue, red and light blue.

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8.108. Star plates may be displayed on Army aircraft. The rules in paras 8.106 - 8.108 above
are to apply.

8.109 - 8.111. Reserved..

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PART 5 - FUNERALS AND MOURNING

Royal and VIP Funerals

J8.112. The Service involvement on the demise of The Sovereign, or any member of the Royal
Family, will be promulgated by the Ministry of Defence (PS12(A)). Headquarters London District
will be designated as the Mounting Headquarters.

J8.113. On the death of The Sovereign or a Member of the British Royal Family, or of a foreign
sovereign or head of state or other distinguished foreign national, instructions on funeral honours
will be issued by the Defence Council by signal. These instructions may be subject to variation in
overseas commands at the discretion of the local political representative in the light of local
national requirements.

J8.114. A governor general, governor, high commissioner or officer administering the

government or special royal commissioner of any British Commonwealth country, associated state
or dependent territory under The Sovereign’s protection, who is also Commander-in-Chief and who
dies whilst holding the appointment is entitled to a military funeral with honours. This applies
whether the deceased was a military officer or a civilian.

Military Funerals
J8.115. All Service personnel, who have died while serving, are entitled to either a private
funeral or a funeral at public expense. JSP 751: Joint Casualty and Compassionate Policy and
Procedures provides the detail on the limit of admissible expenses to both types of funeral. There
is normally no ceremonial at private funerals. The degree of ceremonial at public expense
funerals, or lack of it, is normally a matter for the next of kin in conjunction with the unit. It may
range from the minimum of formality to full scale military honours. No other military funeral will be
accorded honours without the previous authority of the single Service staff branches (NP Sec 2b,
(PS4(A) or PMA Casework (RAF)).

Military Funeral Honours

J8.116. Funeral honours consist of some, or all, of the following:

a. Bearer Party. See para J8.120.

b. Pall Bearers. See para J8.121.

c. Insignia Bearers if appropriate.

d. Escort and Firing Party or Gun Salute. See paras J8.125 - J8.126.

e. Musical support as appropriate.

f. Minute Guns. See paras J8.126 - J8.127.

J8.117. The following are guidelines on funeral honours:

a. Serving personnel of all ranks are entitled to funeral honours at public expense
provided that the troops involved are stationed within reasonable distance of the burial
ground or crematorium.

b. Funeral honours are not to be paid officially at the funerals of discharged personnel of
any rank. They may, however, be authorized as a special case, at the discretion of the

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general officer commanding (or corresponding rank equivalent) provided the funeral is to
take place within a reasonable distance from barracks and that only minimum public expense
is incurred.

c. If the deceased is to be cremated, ceremonial may have to be on a reduced scale and

in any case, there should be prior consultation with the crematorium authorities.

d. Chaplains or, where necessary, local clergy are to be consulted about the form of
religious service.

e. The Drill Manual (Army Code No 70166) details the ceremonial involved in a military
funeral.

J8.118. Knights of the Garter. Where a senior officer who was a Knight of the Garter has
their funeral or memorial service in St George’s Chapel, Windsor, special arrangements are made
through the single Service staff branches (DNLM 4, PS 12(A) or P1 (Cer)(RAF)).

J8.119. London. In London there is to be no procession unless the military service is held
either at the Chapel of the Royal Hospital, Chelsea Barracks or the Royal Military Chapel,
Wellington Barracks. If the next of kin of the deceased officer wishes the funeral service to be
performed at one of these churches, there may be a short procession after the ceremony, if
desired. Requests for exceptions to the above are to be made to the Ministry of Defence (PS
12(A)).

J8.120. Bearer Party. A senior non-commissioned officer or warrant officer normally

commands a bearer party. At the funeral of a general officer (or corresponding rank equivalent),
who died whilst serving, the bearer party should be commanded by an officer and the coffin should
be carried by warrant officers or non-commissioned officers.

J8.121. Pall Bearers. At a funeral of a general officer (or corresponding rank equivalent), who
died whilst serving, officers of the same rank as held by the deceased will support the pall. If a
sufficient number of that rank cannot be obtained, then by such officers as the Service authorities
may desire to invite.

J8.122. Draping of Drums and Colours. Drums and colours are to be draped only at a
funeral, except that on other occasions connected with the death of The Sovereign or a Member of
the Royal Family when draping may also be ordered by the Ministry of Defence (PS12(A)).

J8.123. Dressing the Coffin. As a rule the coffins of all UK service personnel will only be
draped with the Union Flag. Personnel attached from foreign services would have their national
flag on the coffin. Any flag on the coffin is to be placed over the coffin with an imaginary pike at the
head of the coffin across the top of the shoulders and the royal crest of the pike over the left
shoulder, leaving the face of the flag uppermost. The following are guidelines for coffin dressing;

a. In theatre and for Repatriation. When a coffin is to be dressed with a flag, for all UK
service personnel it is to be the Union Flag. Deceased attached foreign personnel should be
dressed in their own national flag. No other items are to be placed on the coffin for
repatriation.

b. For British Service Funerals. A Service Funeral is defined at J7.093a. At British

service funerals only the Union Flag is to be placed on the coffin. Other items may also be
placed on the coffin: headdress; decorations; belt; sword or sidearms; family wreath. (Army:
For precise dressing details see The Drill Manual para 0906.b.3).

c. For Private Funerals or onward Repatriation from the United Kingdom. At private
funerals and onward repatriations families may choose the deceased’s national flag for the

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coffin. Should families choose to have the coffin dressed in the deceased’s national flag for
onward repatriation the consent of the receiving nation’s MOD is first to be sought. A coffin
so dressed may be borne by a military bearer party.

Salutes and Escorts

J8.124. Military funerals are to be saluted and escorts may be provided. The number of troops
in attendance is to be determined by local Service authorities. Where possible, if the deceased
was a military officer, then the escort should be in accordance with the numbers in the table below:

Rank or corresponding rank Salute Escort

Guns Rounds of small arms
Field marshal 19 - As may be authorized by the
Ministry of Defence
General 17 - Not to exceed 1000 all ranks
Lieutenant general 15 - Not to exceed 875 all ranks
Major general 13 - Not to exceed 750 all ranks
Brigadier - 3 Not to exceed 600 all ranks
Colonel - 3 Not to exceed 500 all ranks
Lieutenant colonel - 3 Not to exceed 150 all ranks
Major - 3 Not to exceed 100 all ranks
Captain - 3 Not to exceed 50 all ranks
Lieutenant or second - 3 Not to exceed 35 all ranks
lieutenant
Soldiers - 3 Not to exceed 20 all ranks

J8.125. Salutes of guns or small arms will be fired after the body has been laid to rest in the
grave. Should a salute be fired at a Crematorium (see para J8.117d) then it is to be fired as the
coffin enters the chapel. For gun salutes fired in London see para 8.062c.

Minute Guns
J8.126. At the funeral of a general officer (or corresponding rank equivalent), who died whilst
serving, minute guns of the appropriate number are to be fired during the period while the body is
being borne to the burial ground. Any such officer who dies at sea and is to be buried ashore may
be accorded the appropriate number of minute guns from a warship whilst the body is being borne
ashore. If the means exist, minute guns will be fired from the shore while the procession is moving
from the landing place to the burial ground. The total number of minute guns so fired is not to
exceed twice the number given in para J8.124.

J8.127. At the funeral of a civic functionary dying whilst in office, minute guns may be fired if
the deceased was so entitled when alive, in accordance with para 8.069 subject to the availability
of guns. If the deceased was a military officer whose rank entitled them to a greater number of
guns than their civic status, the conditions of paras J8.124 - J8.125 are to apply.

Mourning
J8.128. Mourning is observed by the Armed Forces as follows:

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a. Royal Mourning. Royal Mourning was previously known as Court Mourning.

(1) Royal Mourning is observed by the Royal Family and their Households, by HM
representatives at home and abroad and their staffs, by officers nominated for duty at
Court, and related ceremonies and by Household troops. Royal Mourning is also
observed by any Service units actually engaged on ceremonial or Court duties normally
undertaken by Household Division in support of HQ London District or by any Service
unit providing the Balmoral Guard and/or limited ceremonial or Court duties, when
mounted, in support of HQ Scotland. Extraordinarily, Royal Mourning may also be
observed by those units and organizations as highlighted at para J8.129i.

(2) At stations abroad where Service personnel, other than members of the
Household Division, are attending functions at which HM’s representatives present are
observing Royal Mourning, advice should be sought from the United Kingdom local
political representative as to whether it would be appropriate to wear some suitable
mark of mourning.

(3) Those observing Royal Mourning may fulfil official engagements. Social
engagements are not to be accepted and those entered into beforehand should be
cancelled.

b. National Mourning. National Mourning (previously known as Service Mourning) is

observed by the remainder of the Armed Forces.

c. Private Mourning. Private mourning may be observed by individual units and their
immediate superior headquarters. Private mourning may also be observed by an individual.

J8.129. Guidelines for Mourning. Precise direction cannot be issued to cover the full period
of Royal and/or National Mourning until The Sovereign’s wishes have been ascertained. Detailed
instructions will be issued by the Ministry of Defence (PS 12(A)) as soon as they are known and
may involve some or all of the following measures:

a. Entirely private hospitality already arranged or accepted by individuals may continue on

a small scale but social engagements at which attendance might be construed as
representational or official should be cancelled.

b. Any previously arranged celebratory parade, official reception, business or social

function should normally be cancelled. In cases where there might be a significant financial
penalty or it is thought that embarrassment or offence might be caused by cancellation the
Ministry of Defence (PS 12(A)) is to be consulted.

c. A parade of a routine nature or which is part of a curriculum may continue. Passing out
parades are considered to be part of, or the climax of, a course and should therefore
normally take place; with a period of silence included as a mark of respect. In the event of
the death of The Sovereign separate instructions will be issued by the Ministry of Defence
(PS 12(A)) concerning The Sovereign’s Parade at RMA Sandhurst and the Lord High
Admiral’s Divisions Parade at BRNC Dartmouth.

d. Bands may play for marching troops on, or to, a parade but neither inspection nor
incidental music should be played during inspections or other pauses in the parade. Bands
may also continue to fulfil civilian engagements for which they have previously contracted to
play but should not play at Service or civilian functions of a social nature.

e. Service sports events may continue, except on the day of the funeral; a one minute
silence should be observed at the beginning of the event.

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f. Individuals who have accepted official engagements should fulfil them. Unless
otherwise ordered mourning bands need not be worn.

g. Service commanders abroad should liaise with their local United Kingdom political
representative so as to ensure a common policy applicable to local circumstances. Senior
officers abroad should similarly liaise, consulting their command if necessary.

h. Flags are to be flown at half-mast in accordance with instructions at paras J8.088 -

J8.092.

i. During a period of Royal Mourning a unit or organization that had a special relationship
with a deceased Member of the Royal Family, or continues to have a special relationship
with a Member of the Royal Family who has suffered the loss of an immediate heir and is not
covered under para J8.128a(1), may wish to observe the guidelines covered under Royal
Mourning. This would be entirely appropriate and naturally the prerogative of the relevant
local Service commander. In all cases where there is such a desire the Ministry of Defence
(PS 12(A)) must be consulted.

j. Any questions should be referred to the Ministry of Defence (PS 12(A)), the tri-Service
lead on this matter.

J8.130. Mourning Bands. A mourning band is a piece of black crepe 3¼ inches wide. It is
worn on the left sleeve, positioned so that the bottom of the band lies two inches above the elbow
and discretely pinned to avoid slipping below the elbow when marching. The rules concerning the
wearing of mourning bands in general are listed below. The only extraordinary exceptions are
paras J8.130f and J8.130g that relate to a state of private mourning within a unit that remains the
prerogative of the commanding officer.

a. A mourning band will only ever be worn with parade uniform where there is a jacket or
coat. It is not to be worn on combat clothing of any type.

b. During a period of National Mourning only officers of the three Services and warrant
officers class 1 of the Household Cavalry dressed in parade uniform are to wear mourning
bands. During a period of Royal Mourning this practice is restricted specifically to those
defined at para J8.128a(1) and included by the Ministry of Defence (PS12(A)) at para
J8.129i. The only exceptions to this rule are listed below.

c. In addition or concurrent with para J8.130b officers attending Service funerals in

parade uniform are to wear a mourning band. Officers on duty at these events will also wear
mourning bands, whether in the procession, acting as ushers, or in another capacity. These
rules apply to officers attending associated memorial services held on the same day.

d. In addition or concurrent with para J8.130b warrant officers attending Service funerals
in uniform, or acting as ushers, are to wear mourning bands. They are not to wear them if
they are on duty in the procession (including bearer parties), lining the route or elsewhere.
These rules apply to warrant officers attending associated memorial services held on the
same day.

e. Mourning bands are not to be worn at any other memorial service or other ceremonies
such as unveiling of memorials and Remembrance services unless directed to do so in
accordance with para J8.130b.

f. Exceptionally, during private mourning, for example following the death of a member of
a unit, or at reception ceremonies related to the repatriation of a body or remains, mourning
bands may be worn by officers and warrant officers only, but in accordance with the
instructions listed above.

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g. Extraordinarily, when, Service personnel are given permission to wear uniform during
private mourning at a family funeral they may wear a mourning band if so desired. It should
be noted that this is the only occasion on which Service personnel below the rank of warrant
officer may wear mourning bands.

h. After a military burial, personnel should remove mourning bands after return to
barracks.

J8.131. Mourning Dress. Mourning dress and/or mourning bands are not to be worn at Court
unless the Court is in Mourning. Officers who wear plain clothes on duty during periods of
mourning are recommended to wear black ties. Those observing Royal Mourning, and those
wearing plain clothes when on duty at Court during National Mourning, should dress as follows:

a. Gentlemen’s civilian dress - Dark colours, black ties.

b. Ladies civilian dress - Black dress.

Remembrance
J8.132. Armistice Day. Armistice Day originally commemorated the fallen of the 1914-18 War
and included a 2-minute silence in November each year on the anniversary of the day and the time
of the cessation of hostilities in 1918. Any observance of a 2 minute silence on 11th November at
1100 hours each year is a matter of discretion by commanding officers and individuals. Although
optional it is strongly recommended.

J8.133. Remembrance Sunday. Remembrance Sunday embraces all Service personnel and
civilians who have laid down their lives in the service of their country in the First World War and all
subsequent wars, campaigns and emergencies. It is now observed on the second Sunday in
November each year, when the 2 minute silence is to be observed at 1100 hours, during which
time all personnel are to stand at attention and guards are to turn out and present arms. No
aircraft, other than those on scheduled services, are normally to be in the air during the 2-minute
silence. Establishments and units are to conform generally to such arrangements as may be made
by local authorities for the celebration of Remembrance Day services. Transport required to
convey personnel invited to attend local religious observances or municipal ceremonies may be
used at the discretion of commanding officers but neither travelling expenses nor subsistence
allowance will be payable unless authority has been obtained from the single Service staff
branches (DNLM, PS12(A) or P1(Cer)(RAF)).

J8.134. Memorials. Memorial statues, plinths or plaques are normally organized by

Regimental or Service Associations in memory of Service personnel who have died in past and
present wars and conflicts. Additionally, commanders overseas may wish to sanction the erection
of local memorials. Before the construction or erection of any memorial is considered the following
guidelines must be followed and approval sought from the relevant chain of command:

a. Memorials in the UK.

(1) Before a memorial is erected in the UK consideration must be given to the

financial aspects of Reference A, in particular the financial provision for a memorial’s
‘long term care and maintenance’. The erection of an outdoor memorial will inevitably
require the permission of the local authority, whether on military or civilian real estate, if
it is to be permanent. No MoD money may be used to erect or maintain memorials.
No memorial should be erected that does not have a long term funded maintenance
provision. Movable memorials such as inscribed blocks or small cairns based within a
unit’s lines are more easily approved by the chain of command as they remain unit
property and can be removed in the event of a change of unit location.

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(2) Less contentious are the installation of plaques/stained glass windows in

appropriate Churches/Chapels provided their long term care and maintenance can be
assured to the satisfaction of the relevant Church authority. In any event the erecting
unit is responsible for the memorial and relocation and maintenance costs must be met
by non public funds. The addition of names to existing War Memorials is a matter for
the local civic authority.

b. Overseas Memorials.

(1) The position of overseas memorials is complicated by the fact that there are no
guarantees that once HM Forces have left a particular country that memorials will be
respected or that access will subsequently be granted to anyone wishing to provide for
their ‘long term care and maintenance’. Painted memorials are unlikely to remain on
walls at the end of any conflict.

(2) Owing to the temporary nature of overseas deployments and bases, the erection
of memorials in operational bases overseas, while wholly understandable with benefit
to the morale and well-being of the local forces, is also problematic. Memorials should
in general be discouraged by the chain of command unless the unit erecting the
memorial ‘in theatre’ also has a plan for the end state. Only exceptionally should a
memorial remain in position locally, as it should neither be vandalised nor available to
vandals, nor should it become a problem for any remaining British Embassy, High
Commission or other British interests. The unit is to make adequate financial provision
for the disposal of the memorial or its return in any form to the UK and recognize its
commitment for maintenance. It is recommended that unit memorials should therefore
be of such a size or nature that they or the plaque can be returned to the UK at minimal
private cost with the unit concerned once operations are completed.

(3) It should be recognized that the MOD has no role or resources for memorials’
erection or maintenance. The burden of memorials must be borne by the erecting
authority as well as the need to furnish their successors with the means for custody of
the memorial.

(4) Should the Command and PJHQ agree a course of action for a memorial to be
returned to the United Kingdom from a foreign field, the Command must be responsible
for the deconstruction of the memorial and the return of the essential memorial
plaque/plaques. Local masonry should be demolished.

(5) Before any decision is made on the relocation of a memorial or its return to the
United Kingdom, it will be necessary to secure the appropriate funding from private
subscription or appeal, as necessary funding from Services, Regimental and Corps
non-public funds may not be guaranteed. Where Services, Regimental and Corps non-
public funds are sought and provided, where possible, these should be pro-rata to
those being remembered. Any new memorial to be erected as such should be in
accordance with sub-para a(1) above.

In all cases the advice of the appropriate single Service staff branch (FLEET DN Pers, PS12(A) or
RAF Cer) should be sought.

J8.135. Wreaths. On the anniversary of Remembrance Day In the United Kingdom and the
Commonwealth and on other occasions of special significance, the cost of placing wreaths on local
memorials may be allowed as a charge to public funds, but only when such tribute is essential.
Within the United Kingdom the commanding officer is authorized to approve the purchase of
wreaths.

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8.136. Reserved.

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PART 6 - OFFICIAL VISITS

Exchange of Official Visits with The Queen's Representatives

J8.137. For the purposes of this regulation The Queen's representatives are to be regarded as
the persons mentioned in para J8.035d.

J8.138. The procedure set out in para J8.139 is to be observed on the following occasions:

a. By the senior officer in command of Her Majesty's ships and squadrons visiting a port
when The Queen's representative is present.

b. By the officer in command of each Service when a newly appointed Queen's

representative assumes office.

c. By the officer in command of each Service when taking up their appointment.

J8.139.

Rank of Service officer Call on

a. RN: Commander in chief flying their flag or (1) Governor General
broad pennant, Flag officer or commodore. First call made by Service officer.
Army: Brigadier or above in command. Not returned
RAF: Air commodore or above in
command.
(2) Governor
First call made by Service officer.
Returned in person.

(3) Administrator or Commissioner

First call made by Administrator or
Commissioner.
Returned in person.
b, RN: Captain in command. (1) Governor General
Army: Colonel in command. First call made by Service officer.
RAF: Group captain in command. Not returned.
(2) Governor
First call made by Service officer.
Returned by deputy.

(3) Administrator or Commissioner

First call made by Service officer.
Returned in person.

c. All other officers in command. (1) Governor General

First call made by Service officer.
Not returned.

(2) Governor
First call made by Service officer.
Returned by deputy.

(3) Administrator or Commissioner

First call made by Service officer.
Returned by deputy.

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J8.140.

a. Should the governor or any other officer administering the government find that, from
indisposition or pressure of important business, they are unable to return or pay a visit in
person, they will depute their aide-de-camp or some other officer to do so. Should an RN,
Army or RAF officer as shown in the above table be precluded for similar reasons from
paying or returning a visit, they are to depute an officer not below the rank of lieutenant
RN/captain/flight lieutenant to do so. In each case the officer failing to pay the required visit
in person should report the circumstances and the reasons which led to the omission to the
Ministry of Defence.

b. These visits need not be exchanged more than once during the respective tenure of
office of The Queen's representative and the RN, Army or RAF commander.

c. Return visits are to be paid within 24 hours of the call being made.

Exchange of Visits with the other Services

8.141. Exchange of visits between British military officers on the one hand and British naval
and air force officers and foreign officers on the other hand are to be on the following basis:

a. The junior is first to visit the senior. Except that in foreign countries and countries of
the Commonwealth, the professional head of a Service will be regarded as the senior officer
regardless of their actual rank and seniority.

b. Where the officers are of equal seniority, the officer last arriving at the station is to pay
the first visit.

c. Return visits are to be paid within 24 hours, either in person or by a representative, as

the circumstances may require.

Presentation at a Foreign Court

8.142. An officer who wishes to be presented at a foreign court is to make application to Her
Majesty's representative at that court.

8.143 - 8.999. Reserved.

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ANNEX A TO CHAPTER 8

LIST OF FLAG STATIONS AND FLAGS TO BE FLOWN

(Para 8.087 Refers)

UNION FLAGS
STATIONS
12ft x 7½ft 6ft x 4ft
ARMY
ARMY HQ (Andover) 1a

JOINT HELICOPTER COMMAND

HQ JHC (Andover) 1b 1a
HQ 16 AA Bde (Colchester) 1b 1a

ALLIED RAPID REACTION CORPS

HQ ARRC (Innsworth) 1b 1a

1ST (UK) DIVISION

Headquarters 1 (UK) Div (York) 1b 1a
HQ 4 Inf Bde & HQ NE (Catterick) 1b 1a
HQ 7 Inf Bde & HQ E (Chilwell) 1b 1a
HQ 11 Inf Bde & HQ SE (Aldershot) 1b 1a
HQ 38 (Irish) Bde (Lisburn) 1b 1a
HQ 42 Inf Bde & HQ NW (Preston) 1b 1a
HQ 51Inf Bde & HQ Scotland (Edinburgh) 1b 1a
HQ 160 Inf Bde & HQ Wales (Brecon) 1b 1a
HQ 102 Log Bde (Grantham) 1b 1a

3RD (UK) DIVISION

HQ 3 (UK Div (Bulford) 1b 1a
HQ 1 Armd Inf Bde (Tidworth) 1b 1a
HQ 12 Armd Inf Bde (Bulford) 1b 1a
HQ 20 Armd Inf Bde (Bulford) 1b 1a
HQ 101 Log Bde (Aldershot) 1b 1a

FORCE TROOPS COMMAND

HQ FTC (Upavon) 1b 1a
HQ 1 Arty Bde & HQ SW (Tidworth) 1b 1a
HQ 8 Engr Bde (Minley) 1b 1a
HQ 1 Sig Bde & HQ W Mids (Innsworth) 1b 1a
HQ 104 Log Sp Bde (South Cerney) 1b 1a
HQ 2 Med Bde (Strensall) 1b 1a
HQ 1 ISR Bde (Upavon) 1b 1a
HQ 1 MP Bde (Andover) 1b 1a

REGIONAL COMMAND
HQ Regional Comd (Aldershot) 1b 1a

LONDON DISTRICT
HQ LONDIST (Whitehall) 1b 1a
Ministry of Defence Main Building 1b 1a
Royal Military School of Music (Twickenham) 1a
HM Tower of London 1ad
Windsor Castle 1de

ENGLAND
HQ Royal Armoured Corps (Bovington) 1b 1a
HQ Royal Artillery (Larkhill) 1b 1a
HQ Royal School of Signals Garrison (Blandford) 1b 1a
HQ Warminster Garrison 1b 1a

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UNION FLAGS
STATIONS
12ft x 7½ft 6ft x 4ft
Royal Citadel Plymouth 1b 1a
Dover Castle 1a
Walmer Castle 1f
Duke of York's Royal Military School (Dover) 1b 1a
Royal Military Academy Sandhurst 1b 1a
Royal School of Military Engineering (Chatham) 1b 1a
The Defence Academy (Shrivenham) 1b 1a
Castletown (Isle of Man) 1b

SCOTLAND
Edinburgh Castle 1b 1a
Fort George 1b 1a
Army Personnel Centre (Glasgow) 1b 1a
Queen Victoria School (Dunblane) 1a
St Kilda Detachment Royal Artillery Range (Hebrides) 1a
Stirling Castle 1b 1a

WALES
Castlemartin Range 1b 1a

NORTHERN IRELAND
Government House (Hillsborough) 1c
HQ Ballykinler Training Area 1a
HQ, Palace Barracks, Holywood 1a

OVERSEAS

CYPRUS
HQ British Forces Cyprus 1c 1a
Residence of Commander British Forces Cyprus 1a
HQ Dhekelia Garrison 1a
HQ Episkopi Garrison 1a

GIBRALTAR
HQ British Forces Gibraltar 1c 1a
Residence of the Commander British Forces Gibraltar 1a
Royal Battery (Rock Gun) 1a
4 Corners 1a

FALKLAND ISLANDS
HQ British Forces Falkland Islands 1c 1a
Residence of the Commander British Forces Falkland Islands 1a

Notes:
a. Daily
b. On all Sundays and the dates of significant anniversaries and other events shown
below.
c. On anniversaries (see note b) only when specially required for saluting purposes.
d. Special sizes may be supplied to Windsor Castle and HM Tower of London.
e. Instructions will be issued by the Constable and Governor of Windsor Castle.
f. Instructions will be issued by the Lord Chamberlain’s Office.

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• Jan 9 - Duchess of Cambridge’s Birthday

• Jan 20 - Countess of Wessex’s Birthday
• Feb 6 - Her Majesty The Queen’s Accession
• Feb 19 - The Duke of York's Birthday
• Mar 1 - St David’s Day (Wales)
• Mar 10 - The Earl of Wessex’s Birthday
• Mar - 2nd Monday of March - Commonwealth Day
• Mar 17 - St Patrick’s Day (Northern Ireland only)
• Apr 21 - Her Majesty The Queen’s Birthday (Note 3)
• Apr 23 - St George’s Day (England)
• May 9 - Europe Day
• Jun 2 - Coronation Day
• Jun 10 - The Duke of Edinburgh's Birthday
• Jun - 1st or 2nd Saturday June - Official Celebration of Her Majesty The Queen’s
birthday (Note 1 & 3)
• Jun 21 - The Duke of Cambridge’s Birthday
• Jul 17 - The Duchess of Cornwall’s Birthday
• Aug 15 - The Princess Royal's Birthday
• Nov - 2nd Sunday of Nov Remembrance Sunday
• Nov 14 - The Prince of Wales's Birthday
• Nov 20 - Her Majesty The Queen's Wedding Day
• Nov 30 - St Andrew’s Day (Scotland)

Also

• The day of the opening of a Session of the Houses of Parliament by Her Majesty
(see note 2)
• The day of the prorogation of a Session of the Houses of Parliament by Her
Majesty (see note 2)

Notes:

1. The date will always be a Saturday in June but the exact date is as directed by Her
Majesty The Queen.
2. Flags should be flown on this day even if Her Majesty does not perform the ceremony
in person. Flags should only be flown in the Greater London.
3. The Royal Standard as used in Scotland is flown at Royal salutes fired in Edinburgh on
the occasion of the birthday and official birthday of The Queen.

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ANNEX B(J) TO CHAPTER 8

FLAGS ON MOTOR CARS

(Para J8.101 Refers)
Part 1 - Joint Service

1. Chief of Defence Staff Flag, distinguishing, dark blue, red and light
blue horizontal bands, with a flag, Union, in
the first quarter and, in the fly, the unified
device surrounded by the Garter and
surmounted by a crown.
2. Vice Chief of Defence Staff; unified Flag, distinguishing, dark blue, red and light
commanders in chief; Commandant, Royal blue horizontal bands, with a flag, Union, in
College of Defence Studies and UK Military the first quarter and, in the fly, the unified
Representative, NATO Military Committee device surrounded by an oak wreath and
surmounted by a crown.
3. Chief of Defence Personnel and Chief of Flag, distinguishing, dark blue, red and light
Defence Intelligence blue horizontal bands, with a flag, Union, in
the first quarter, and, in the fly, the unified
device surmounted by a crown.
4. Unified and operational commanders of 2 Flag, distinguishing, dark blue, red and light
star rank; Head of British Staff Washington; blue horizontal bands, with a flag, Union, in
Commandant, Joint Services Defence the first quarter and the unified device in the
College and Commandant Joint Services fly.
Command and Staff College.
5. Unified and operational commanders of one Pennant, distinguishing, dark blue, red and
star rank; UK National Military light blue horizontal bands, with a flag,
Representative SHAPE; Chief of Staff to UK Union, next to the staff and the unified
Military Representative NATO Military device offset to the right centre of the fly.
Committee; Deputy Fortress Commander
and Officer Commanding Troops, Gibraltar.
6. Deputy SACEUR, Deputy SACLANT and Flag of rank or NATO Flag.
NATO commanders in chief
7. Heads of British defence missions and As for unified and operational commanders
delegations in the countries to which they according to rank as in paras 4 and 5.
are accredited
8. Defence attachés and advisers As for unified and operational commanders
according to rank as in paras 4 and 5.
Attachés below one star fly the pennant as
in para 5.
9. Commander, British Forces, Cyprus, when Flag Union.
acting in their capacity as Administrator of
The Sovereign Base Area
Notes:
(1) Officers of flag rank and commodores entitled to fly a joint Service flag are to fly that flag and
not the flag of their rank when acting in a joint Service capacity.
(2) At Gibraltar and Bermuda, where the offices of the governor and commander in chief are
combined, the appropriate flag for use on the motor car is the flag, Union, with the approved arms
or badge emblazoned in the centre, which is issued under arrangements made by the Foreign and
Commonwealth office.

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Part 2 - Royal Navy

1. Chief of Naval Staff and First Sea Lord White Ensign.

2. Other naval members of the Admiralty Board Flag appropriate to rank.
3. A visiting flag officer or commodore in command in a White Ensign.
foreign country
4. Naval Attachés and Advisers (if they are not also White Ensign.
Defence Attachés or Advisers)
5. Heads of British Naval Missions and Delegations in White Ensign.
the countries to which they are accredited
6. Admirals of the Fleet Flag, Union.
7. Flag officers other than those in paras 1, 2 and 6 Flag appropriate to rank.
above
8. Commodores in command Appropriate broad pennant.
Notes:
(1) Definition of ‘Flag appropriate to rank':
(a) Admiral - White flag with a red St. George's cross.
(b) Vice-Admiral - As (a) with one red ball in upper canton nearest the mast.
(c) Rear-Admiral - As (a) with a red ball in each of the cantons nearest the mast.
(d) Commodores - White burgee with red St. George's cross, one red ball in the upper
canton nearest the mast.
(2) In foreign countries it may well occur that several officers entitled to fly a White Ensign on
their cars may be in the same place, ie during visits of Her Majesty's ships, etc. On such
occasions only the senior officer is to fly the White Ensign. When visiting officers of the rank of
captain and below, the naval attaché‚ or head of the British naval mission, whether senior or not, is
to fly the White Ensign on their car. In the absence of the naval attaché‚ or head of the British
naval mission, the senior naval officer visiting a foreign country may, if a captain, RN, fly the White
Ensign on their car when paying official calls. The intention is that no 2 cars should fly the White
Ensign in the same place at the same time.
(3) Commodores in command include the Commodore AW.

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Part 3 - Royal Marines

1. Commandant General A royal blue rectangular flag with a central device in

yellow of an upright foul anchor surmounted by a St.
Edward's Crown with a lion passant gardant surmounting
the Crown.
2. General and Lieutenant A royal blue rectangular flag as above, with a central
Generals device in white of an upright foul anchor; clear above the
anchor is a St. Edward's Crown.
3. Major Generals in command As in para 2, but the flag is a rectangular swallow tail
flag.
4. Brigadiers in command A royal blue triangular flag as above with a central device
in white of an upright foul anchor.
Note:
(1) Colonels commandant fly the flag appropriate to their Royal Marines rank, or other
appropriate flag if not entitled to fly a Royal Marines flag.

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Part 4 – Army

1. Chief of the General Staff Flag, Union, with Royal Crest embroidered
on both sides.
2. Other military members of the Army Board Flag, distinguishing (half red, half blue,
divided horizontally), with Royal Crest
embroidered on both sides.
3. Commander Land Forces and any Army Flag, Union.
Group Commander
4. Lieutenant General commanding a formation Flag, distinguishing, HQ, of an army (red,
in the United Kingdom black, red).
5. Corps commander Flag, distinguishing, HQ, of a corps (red,
white, red).
6. Major General - General Officer Flag, distinguishing, division (red swallow
Commanding tail).
7. General Officer Commanding Scotland and Flag, distinguishing, district and regions
London District, Support Command. (green swallow tail).
8 Deputy commanders of divisions Flag, distinguishing, division or district
(green pennant).
9. Brigade commanders (to include artillery Flag, distinguishing, brigade (blue pennant).
brigade; air defence brigade; engineer
brigade; signal brigade, ISR, MP and
logistics brigade).
10. Senior staff officers, not below the rank of Flag distinguishing, (half red, half blue,
major general at the headquarters of 3* and divided horizontally) at discretion of
4* commanders. commander in chief.
11. The Master Gunner, St. James's Park (on Royal Artillery Standard.
official Royal Artillery occasions)
12. Military Attachés and Advisers (if they are Flag, Union defaced on both sides with the
not also Defence Attachés or Advisers), Army Crest (a crown with a lion on top and
Heads of British Military Missions and crossed swords).
Delegations in the countries to which they
are accredited.
13 Master generals, Honorary Colonels, Corps or regimental pennant
Colonels Commandant and their Deputies,
Corps and Regimental Colonels
Note:
(1). Flags enumerated in paras 4 - 11 are to bear in the centre of the flag the approved formation
emblem. In the case of commanders of the Royal Artillery and Royal Engineers specified in para 9
the formation sign will be on the upper corner of the flag next to the hoist and a gun (muzzle
towards the hoist) or grenade, respectively, is to be placed in the centre of the flag.

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Part 5 - Royal Air Force

1. Chief of the Air Staff RAF Ensign, in felt.

2. Other RAF members of the Air Force Board Royal Crown surmounted by lion passant
guardant on a field of light blue (top) and
dark blue (bottom) halves.
3. CinCs, AOCinCs and Air commanders in RAF Ensign, in bunting.
commands abroad
4. AOC in Cs commands at home (when not Astral Crown on a light blue field.
acting in the capacity of Air Force Board
members)
5. AOCs Groups and Air Headquarters; Air Astral Crown within the RAF Roundel, on a
Officer Scotland and Northern Ireland; AOC light blue field.
and Commandant, RAF College;
Commandant General, RAF Regiment (only
when visiting RM Army and RAF units in
their official capacity); AO Wales (only when
making official visits to Service units or
attending municipal functions in Wales); Air
officers of Command Headquarters (only
when making official inspections);
Commandant Central Flying School (only
when making official visits to Service units).
6. Station commanders (within the bounds of RAF Roundel on a light blue field.
their station or when attending municipal
functions as the RAF representative)
7. Air Attachés and Advisers (if they are not RAF Ensign, in bunting.
also Defence Attachés or Advisers) in the
country to which they are accredited; Heads
of RAF Missions and Delegations in the
countries to which they are accredited.
(Note: The flags described should be 12in x 6in in size.)

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CHAPTER 9

MANNING

PART 1 - OFFICERS

Appointments and Conditions of Service

9.001. Persons selected for appointment as officers in Her Majesty's Land Forces may be
granted commissions by The Queen (in accordance with the Officers’ Commissions (Army) Order
1967), unless already in possession of such commissions, and thereafter are to be granted such
rank and seniority as may be determined and notified in the London Gazette under the terms of the
Royal Warrant governing appointments, promotions rewards and awards of the Army known as the
Promotions and Appointments Warrant 2009.

9.002. Conditions governing the grant of commissions in the Land Forces are contained in the
Army Commissioning Regulations (AC 13452). Medical standards are contained in the
PULHHEEMS Administrative Pamphlet (AC 13371). Rules to be used to determine an officer's
age for official purposes are given in Annex A to this Chapter.

9.002A. Flexible Service.

a. Flexible Service arrangements shall refer to an officer employed on part-time working

arrangements, restricted separation arrangements, or both, for periods of their service.

b. Officers may be permitted to move onto temporary part-time working arrangements,

restricted separation arrangements or both. This will allow the individual to have a degree of
freedom when attempting to balance their work and personal life. Flexible Service
arrangements do not affect eligibility for promotion. See JSP 750, Chapter 2 and
AGAI 44 (Army Flexible Service).

9.003. Personal and other Appointments.

a. Instructions regarding the appointment of officers to the personal staff of the Sovereign,
the Royal Family, general officers and to certain miscellaneous appointments are contained
in the Promotions and Appointments Warrant 2009.

b. Details of appointments to HM Tower of London and the Royal Hospital, Chelsea,

conferred by The Queen on field marshals or retired senior officers, are given in Annex B
Part 1 to this Chapter.

c. Conditions for appointments to Her Majesty's Body Guard, Military Knights of Windsor
and Captains of Invalids are contained in Annex B Part 2 to this Chapter.

9.004. All notifications affecting an officer's service, pay and personal particulars are
promulgated officially in accordance with JPA Instructions.

Assignments
9.005.

a. An officer has no claim to serve in any particular unit of their corps and will be assigned
as the requirements of the Service may dictate. It will, however, be open to them to submit a

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written application to serve with any particular unit; the application will receive such
consideration as the exigencies of the Service may permit.

b. Officers and Soldiers of the Regular Army and Army Reserve who are married to each
other or are in a civil partnership will, as a general rule, be permitted to serve in the same
unit or barracks. However, each case will be considered by the Chain of Command (CoC)
and treated on its merits. Individuals who are married to each other or in a civil partnership
will not be permitted to serve together where one party is required to report upon the other or
may be required to take disciplinary or administrative action against the other.

c. The assignment of a husband, wife or civil partner to the same unit does not confer on
either of them the right to any particular security of tenure within that unit nor to any
subsequent assignment to a unit together. In addition, co- ordinated hours of duty cannot be
guaranteed.

9.006.

a. Joining instructions are to be included in assignment orders.

b. Detailed rules governing the lengths of overseas tours are laid down in AGAI 34 and
AGAI 60.

c. Lieutenant Colonels, substantive or acting, in command will normally be required to

complete their period in command regardless of whether they become due during their
tenure for reversion to the Home Establishment or for assignment overseas.

Transfers
9.007.

a. An application from an officer to transfer from one regiment or corps to another

regiment or corps is to be forwarded to the applicant's Career Management branch, APC. It
is to show the officer's reasons for transfer and is to be accompanied by the
recommendations of their Commanding Officer (CO), who is to certify that the transfer
recommended does not originate in any cause affecting the honour, character or professional
efficiency of the officer. A medical certificate showing the officer's PULHHEEMS assessment
is to be forwarded with the application.

b. Applications for transfer to certain arms require additional information, and reference
should therefore be made to Defence Instructions and Notices and AGAIs before submitting
applications to the APC.

9.008. A Transfer of Regular (Reg C), less the transfer of Reg C and Reg C(LE) Infantry under
the circumstances covered in para 9.008b and Regular (Late Entry) (Reg C(LE)) officers to
different Arms or Corps will be considered by the Army Commissions Board, which may order an
attachment on probation, usually for not less than six months, before giving a final decision. All
decisions of the Army Commissions Board (ACB) on applications for transfer will be final.

9.009. The ACB has delegated authority to the appropriate Arms Selection Boards for the
following transfer process less those of a contentious nature:

a. IRC/IRC(LE) and SSC/SSC(LE) officers between different arms or corps.

b. Infantry Reg C/Reg C(LE), IRC/IRC(LE) and SSC/SSC(LE) officers from one regiment
to another within the same division or between divisions of infantry (including the Parachute
Regiment and the Brigade of Gurkhas).

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Promotion
9.010.

a. Rules for the promotion of regular officers up to the rank of General and regular late
entry officers up to the rank of Lieutenant Colonel, together with details of the selection board
procedures, are given in Promotions and Appointments Warrant 2009 and AGAI 35.

b. Officers promoted to the substantive rank of Field Marshal do so in accordance with the
Promotions and Appointments Warrant 2009, Article 124.

c. The qualifications and service required for the promotion of IRC, SSC, and SSC(LE)
officers are laid down in The Army Commissioning Regulations (AC 13452) and Promotions
and Appointments Warrant 2009.

9.011. Before officers are eligible for selection for promotion from Lieutenant to Captain and
from Captain to Major, they are required to qualify at the appropriate level of the Officer Career
Development Programme. Details of this scheme are contained in the Officer Career Development
Handbook (AC 64257).

Local Rank (Unpaid)

9.012. Local rank (unpaid), which confers no financial benefits unless specifically allowed by
regulations, may be granted:

a. When it is necessary to raise the status of an officer who, by virtue of their

appointment, has to deal with officers of higher rank of other Services or the forces of foreign
countries or senior officials and dignitaries, particularly of foreign governments.

b. To certain instructors at Army Colleges and Schools.

c. To a Major of the Regular Army temporarily commanding an OTC unit, which is a

Lieutenant Colonel's command, when the appointment is vacant; to an officer temporarily
commanding an Army Reserve unit during annual camp training when the appointed CO
does not attend; and to camp commandants of Army Reserve and ACF camps when
necessary.

d. To officers going overseas to take up appointments carrying the rank of Lieutenant

Colonel or above, from the date of departure for overseas.

e. To officers who are assigned to appointments carrying the rank of Lieutenant Colonel
or above, from the date of joining the new unit and for the necessary period of take over.

f. To recruiting officers when necessary.

9.013. All recommendations for local rank (unpaid) under paras 9.012a, b, c and f are to be
submitted through Military Secretary at the APC. For the rank of Colonel and above to be
submitted through the Career and Management Branch General Staff APC and for the rank of
Lieutenant Colonel and below to be submitted through the relevant Career Management Branch
APC. In cases under paras 9.012d and the APC assignment order is to be the sole authority and
the grant of acting unpaid rank is not to be published in Army Staff Orders or appropriate MS lists.

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9.014. Except where disciplinary action under para 6.150 is involved local rank (unpaid) is to
be relinquished on the date that the holder ceases to fulfil the function for which acting unpaid rank
was granted.

Acting Rank or Substitution Pay (SUPA)

9.015. The rules for the grant, retention and relinquishment of acting rank or substitution pay
by officers are laid down in JSP 754 – Tri Service Regulations for Pay and AGAI 35.

Interviews
9.016. Officers on the Active List may, when in the United Kingdom, ask for interviews with the
Military Secretary or their representative on personal questions relating to such matters as
appointments and promotion. Except in special circumstances the Military Secretary themselves
will grant interviews only to officers holding the substantive rank of Colonel or above.

9.017.

a. Officers in the United Kingdom may write to and be granted interviews by their Career
Management branch APC on personal service matters such as appointment, assignment, or
transfer. Officers are to keep their COs informed of the purpose of any correspondence, and
applications for interviews are to be forwarded through them. Infantry officers are to follow
the same procedure except that correspondence should be addressed initially to
Headquarters, Division of Infantry. Officers may also be granted interviews by other
branches such as in CFA on the recommendation of the personnel branch.

b. Officers visiting the United Kingdom from overseas stations may be interviewed by their
Career management branches without first submitting an application through their CO, but
should arrange an appointment, and on returning to their unit inform their COs of the
interview.

c. Officers serving overseas may apply through their COs for interview with any
appropriate staff officer visiting their command from the APC.

d. See also para 5.067 concerning problems of a strictly private nature.

9.018. Expenses in connection with interviews referred to in paras 9.016 – 9.017 will not be
admitted as a charge against public funds unless the officer has been summoned by an
appropriate military authority.

9.019. Reserved.

Premature Termination of Active List Service

9.020. Except as provided in para 9.024, no military authority other than the Defence Council
may call upon an officer to retire, transfer to the RARO or resign their commission, nor may any
pressure be exerted on them to do so. In accordance with the provisions of the “Letters Patent”
this authority may be undertaken by the Army Board on behalf of the Defence Council.

9.020A. The circumstances revealed at the trial of an officer by Court Martial may cast doubt
upon their suitability for retention in the Service although the sentence did not include dismissal.
The procedure to be followed is shown below:

a. Where an officer has shown themselves by their actions to be unfit to hold their
commission administrative action is to be taken to terminate their service, and the fact that a

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court has already awarded a punishment for an offence in connection with the same set of
circumstances is in no way to act as a bar to this action.

b. On promulgation of a Court Martial sentence which reflects adversely on the integrity or

reputation of an officer, a CO is immediately to make a report to higher authority in
accordance with AGAI 62, para 62.040, even if an appeal petition to the Army Board of the
Defence Council has been or may be submitted. The report will then be held at the APSG
until the expiry of the time allowed for the submission of the appeal petition. If an appeal
petition is submitted, then the report will not be passed to the Army Board of the Defence
Council until they have made their decision on that petition.

c. The absence of any such report from the CO does not preclude a higher authority,
when considering the facts in the light of the officer's whole Service background, from
deciding that appropriate action should be taken to terminate their service.

d. Exceptionally, even though trial by Court Martial has resulted in an acquittal, it may still
be considered undesirable to retain the officer in the Service in view of the circumstances
which are not in dispute, relating either to the officer or the incident for which they has been
tried. In these circumstances the CO should report their views to higher authority through the
CoC.

9.021. Any officer who, under the terms of the Promotions and Appointments Warrant 2009,
Articles 190 or 192, is called upon to submit an application to retire, transfer to the RARO or resign
their commission may, should they so desire, also include therein a request to be accorded an
interview with a member or deputy of a member of the Army Board in order that they may have an
opportunity of further stating their case. If, as a result of such an interview, it is decided that the
decision under the Articles quoted shall stand, their retirement, transfer to the RARO, or
resignation is to have effect from the date on which it would have been effective if the officer had
not requested an interview.

9.022. At the discretion of the Defence Council and subject to such rules as they from time to
time lay down, an officer may be permitted, at their own request, to terminate their service on the
Active List. The rules are laid down in AGAI 38.

J9.023. An officer on retirement, or at any time following retirement, who wishes to accept
employment with:

a. The government of any country, including a Commonwealth country, whose nationals

do not owe common allegiance to the Crown, or,

b. Any defence, security or intelligence organization owned, controlled or sponsored by

such a government, or,

c .Any overseas police force, however it may be controlled, will, in all but the most
exceptional circumstances, be required to resign their commission. Before accepting any
such employment, the officer must notify the APC Officer’s Secretariat/MS7. On termination
of such employment, it is normal for an officer's commission to be reinstated on request.
Where reinstatement of a commission is refused, the individual retains the right of complaint
to the Army Board. Receipt of Service retired pay between the time of resignation and
reinstatement is normally unaffected.

9.024. Commissions subject to Confirmation. Instructions relating to the termination of

commissions subject to confirmation, including those held on probation, are laid down in the Army
Commissioning Regulations (AC 13452).

9.025. Reserved.

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Retention of Rank on Completion of Active List Service

9.026. The rules for the retention of substantive rank and the grant and retention of honorary
rank by Regular Army Officers on leaving the Active List are contained in Annex C to this Chapter.

9.027 - 9.070. Reserved.

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PART 2 - SOLDIERS' TERMS OF SERVICE

Applicability of these Regulations

9.071. Such regulations in this Chapter as substantially repeat parts of the Army Terms of
Service Regulations 2007 and The Armed Forces (Terms of Service)(Amendment)(No. 2)
regulations 2009 in no way change those regulations, and are to be used for guidance only.

Rules for Determining the Age of a Soldier

9.072. The rules to be used to determine the age of a soldier are given in Annex A to this
Chapter.

Periods of Enlistment
9.073. The Versatile Engagement. See details in Annex E.

9.074. The Open Engagement. See details in Annex E.

9.075. The Notice Engagement. See details in Annex E.

9.076. Short Service Engagements. See details in Annex E.

9.077. Local Service Engagement. See details in Annex E

Change of Engagement
9.078. Eligibility.

a. A soldier who enlisted and is still serving with the Colours on the engagements listed
below may apply to change to the Versatile Engagement:

(1) The Open Engagement.

b. A soldier serving on a Type S engagement will not normally be eligible to change to the
Versatile Engagement, but provided that the applicant is within the age limits for the corps
concerned and is qualified in all other respects the change may be authorized.

c. Soldiers enlisted for local service overseas cannot change to the Versatile
Engagement.

9.079. Conditions. All applications to change to the Versatile Engagement are subject to the
following conditions:

a. The application must be entirely voluntary. New entrants from 1 Jan 08 automatically
enter on the Versatile Engagement.

b. The relevant date from which the Versatile Engagement is to reckon is to be the date of
attestation.

c. A soldier who has waived their right to terminate their Colour service for a benefit or
advantage, eg to attend a course of instruction or for secondment, is to remain restricted in
the exercise of their rights until 12 months before the completion of the period of Colour
service to which they are committed (see para 9.086).

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9.080. Procedure and Documentation. All applications for change to the Versatile
Engagement are to be dealt with in accordance with the instructions issued by the Army Personnel
Centre (APC).

9.081. Flexible Service.

a. Flexible Service arrangements shall refer to a Soldier employed on part-time working

arrangements, restricted separation arrangements, or both, for periods of their service.

b. Soldiers may be permitted to move onto temporary part-time working arrangements,

restricted separation arrangements or both. This will allow the individual to have a degree of
freedom when attempting to balance their work and personal life. Flexible Service
arrangements do not affect eligibility for promotion. See JSP 750, Chapter 2 and
AGAI 44 Army Flexible Service.

9.082 - 9.085. Reserved.

Prolongation of Service
9.086. A person serving on the Versatile Engagement may consent in writing to be restricted
in the exercise of their right to give notice to terminate their Colour service in consideration of:

a. Being permitted to attend a course of instruction laid down in JSP 750 –Centrally
Determined Terms of Service Part 1 Directive – Chapter 2.

b. Being permitted to transfer to another corps.

c. Being attached to a Commonwealth or foreign force.

d. Being reimbursed with legal and other expenses in connection with the purchase and
sale of permanent unfurnished accommodation within the United Kingdom.

e. Being eligible for a partial or total refund of purchase costs, if they re-enter Army
service after having been terminated or transferred to the reserve by Premature Voluntary
Release under the provisions of the Promotions and Appointments Warrant 2009, Article
286.

f. Any other benefit or advantage.

9.087. Reserved.

9.088. A soldier who is selected for and who is willing to attend a course of instruction and
who is not committed to serve for the residual period of Colour service to be given after the
completion of the course as laid down in JSP 750 –Centrally Determined Terms of Service Part 1
Directive – Chapter 2 is to waive their rights in accordance with the instructions laid down in that
Instruction. If the waiver is conditional upon the successful completion of the course it may be held
in abeyance until the outcome of the course is known. Then, if the soldier fails the course through
no fault of their own, it may be cancelled. Full instructions regarding these procedures are laid
down in the Unit Administration Manual.

9.089. The detailed instructions regarding the period of service for which the soldier must be
committed should they wish to transfer from their present corps to another corps are laid down in
JSP 750 –Centrally Determined Terms of Service Part 1 Directive – Chapter 2.

9.090. A soldier who has applied for and been accepted for loan service with a
Commonwealth or foreign force as laid down in JSP 468 – Loan and Secondment of Service

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Personnel to Commonwealth and foreign Forces and who is not committed to serve beyond the
date on which the proposed period of loan is due to end is to waive their right to terminate their
service for the required period. The period should include the full period of the loan plus any
resettlement and disembarkation or terminal leave to which the soldier may eventually be entitled.
The procedure is similar to that for attendance on a course of instruction as given in para 9.088.

9.091. If it is considered that a soldier is to receive any benefit or advantage other than those
provided in para 9.086a - e, they are not to be restricted in their rights to terminate their service
until the case has been submitted to (DM(A)), through the APC.

9.092. The detailed instructions regarding the period of service for which a soldier must be
committed should they wish to terminate their service having attended certain training courses, are
laid down in JSP 750 –Centrally Determined Terms of Service Part 1 Directive – Chapter 2.

Extension of Service
9.093. Type S Engagements. Soldiers enlisted on the Type S engagement may extend their
service by one, two or three years at a time up to a total of 12 years. Any further period of
extension beyond 12 years is to be effected by termination and re-enlistment. Such extension
should be exceptional and only authorized when the person is ineligible for service on the Versatile
Engagement.

9.094. Reserved.

9.095. Personnel enlisted for Local Service. Soldiers enlisted on the MSLE may apply to
extend their service by periods of three years or if they will attain the age of 60 before the expiry of
such a period, until the date on which they attains that age. The APC is the competent Service
authority authorized to approve applications to extend service.

9.096. Periods of Extension. The minimum period for which an extension of service may
normally be granted is six months. Applications for a period of more than six months should be for
a period which is a multiple of six months. Where the extension of service is required for a special
period which is not a period of six months or a multiple thereof, the reasons should be fully stated
to the APC when the application is submitted.

9.097. Competent Service Authority. For the purpose of approving or refusing applicants
for extensions of service laid down in paras 9.093 – 9.096 the competent Service authority is the
APC.

Continuance in Army Service

9.098. General. Subject to the conditions contained in the following paragraphs, a soldier
may be allowed to continue in Army service, provided that:

a. They are efficient, of good conduct and medically suitable.

b. Suitable employment is available and continues to be available in their current

substantive rank or in a lower rank to which they may voluntarily revert.

9.099. Types of Continuance. Continuance may be authorized for soldiers for:

a. Career Continuance. Soldiers serving on the Versatile Engagement (Short Career) or

Versatile Engagement (Full Career) may apply for a career continuance of up to 2 years in
order to meet service needs, which may be authorised by APC. Soldiers serving on career
continuance are not eligible for promotion, and only eligible for conversion to a different
engagement with authority from DM(A). In exceptional circumstances, and only with
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approval from DM(A), further career continuance of up to four years may be granted.
Individuals selected for career continuance may be required to serve at regimental duty in
their own arms and corps, at E2 or in another arm or corps on transfer.. Soldiers serving on
the Open Engagement can apply for a continuance after completing 18 years reckonable
service and a continuance of up to five years additional service may be granted, in
exceptional circumstances, in order to meet service needs.

b. A Period of Limited Continuance for Reasons such as:

(1) For Pension Purposes:

(a) To enable a warrant officer class 1, if still serving under Armed Forces
Pension Scheme 1975 (see para 9.104), to complete two years in the rank so
that they may be awarded a pension at the rate for that rank.

(b) To make up non-reckonable service for a pension (see para 9.105).

(2) For Manning Reasons: to fill appointments of a short term nature to meet service
or individual needs for which Career Continuance is not appropriate. However, this will
only be granted in exceptional circumstances.

9.100. Reserved.

9.101. Applications. An application for continuance may be submitted as follows:

a. By a soldier on the Open Engagement at any time after the completion of 18 years
continuous service, reckoned from the relevant date. Such an application will not prejudice
the right of a soldier to give notice to transfer to the reserve.

b. By a soldier whose Colour service has not been continuous and who on the completion
of their current engagement will complete 22 years reckonable service - at any time after the
completion of 21 years reckonable service.

c. The appropriate Career Management Branch APC may, having granted a period of
continuance, withdraw this offer of continuance and terminate the soldier at their 22-year
point, if the soldier fails to maintain the standards required by para 9.098a.

d. By any soldier serving on Versatile Engagement (Short) or Versatile Engagement (Full)

who has received notice that they will not be considered for conversion to an engagement
type which would ordinarily entail longer service. Soldiers in this situation may apply for a
continuance of up to two years through their Career Manager.

9.102. Duration of Continuance. Continuance beyond end of current engagement may be

authorized initially for a period not exceeding two or five years depending on type of engagement.
Subject to the conditions of para 9.098 this initial period may subsequently be extended by further
periods of continuance not exceeding two of five years dependant on type of engagement at a time
and applications for such extensions may be submitted as follows:

a. Where the previous period of continuance exceeded two years - at any time during the
last two years of that period.

b. Where the previous period of continuance was two years or less - at any time during
that period. Continuance in Army service will not normally be authorized beyond the age of
60 and the final period of continuance which may be authorized to enable a soldier to remain
in service until that age should be limited in duration so as to terminate on their 60th birthday.

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9.103. Retention after the Age of 60. Should it be considered necessary, in the interests of
the Service, to retain a soldier beyond the age of 60 application is to be made by the CO, through
the APC, to DM(A) for consideration. The soldier's application in the form of a completed copy of
AFB 6848 should be forwarded together with a full explanation as to why it is necessary to retain
the applicant and why the assignment cannot be filled by a younger soldier. The APC when
forwarding the application, is to state whether it supports the application or not. Should the
application be approved, continuance will be limited to one year at a time up to a maximum age of
65.

9.104. Rank Assessment for Pension Purposes. Under the provisions of the Army
Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010,
Article A.3 (c), the rank for assessing pension shall be the highest rank held for a period of two or
more years during the last five years of Colour service preceding the soldier's run out date. A
warrant officer class 1 still serving under Armed Forces Pension Scheme 1975, who at the end of
22 years reckonable service will not have completed two years in that rank may apply to continue
in service in order to do so. Such continuance is not to be refused by the appropriate Career
Management Branch APC without the authority of the DM(A). For this purpose, periods during
which the soldier held the acting rank of warrant officer class 1 during the last five years Colour
service shall count in addition to the period during which they have held the substantive rank.

9.105. Reckonable Service for Pension Purposes.

a. Under Armed Forces Pension Schemes 2005 and 2015. All paid service in the
Armed Forces, excluding periods of unauthorised absence, unpaid leave, service detention
and imprisonment. NB Other criteria may apply. Detailed information is available on the
PS10(A) and AFPS 15 websites.

b. In order to safeguard the pension rights under Armed Forces Pension Scheme 1975 of
a soldier, still serving under Armed Forces Pension Scheme 1975, who at the end of their
current engagement will have completed 22 years’ service after attaining the age of 18 years,
they are to be given the opportunity to continue to serve to make up any non-reckonable
service as defined in the Army Pensions (Armed Forces Pension Scheme 1975 and
Attributable Benefits Scheme) Warrant 2010, Article A.11, unless such non-reckonable
service results from a period in the Regular Reserve in which case the making up of the non-
reckonable service will be at the discretion of the APC. All cases where the soldier has non-
reckonable service for pension on their current engagement as a result of having transferred
their pension rights out of the Armed Forces Pension Scheme are to be referred to DM(A)
with the recommendations of the APC. The grant of continuance for this purpose will be at
the discretion of DM(A) and it will be subject to the overriding manning situation.

9.106. Procedure. Except where otherwise stated, the APC is the competent Service
authority for the authorization of continuance. Detailed executive instructions for the authorization
of such continuance are published in AGAI 46.

9.107. Notice to Terminate. A soldier serving on continuance beyond 22 years may, unless
they have waived their right to terminate their Colour service in consideration of any benefit or
advantage as given in para 9.086, claim their termination at the expiration of six months reckoned
from the date on which they give notice in writing to their CO of their wish to be terminated. The
CO may, with the concurrence of the APC, reduce this period of notice in the interest of the soldier
but, before doing so, should ensure that the soldier has at least 22 years reckonable service for
pension under Armed Forces Pension Scheme 1975 as defined in the Army Pensions (Armed
Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010. Such termination
is to be carried out under para 9.390.

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Reckonable Service
9.108. Definition - Relevant Date. The relevant date from which a soldier's service, on a
current engagement, is to be reckoned, is as follows:

a. In the case of men, the relevant date is:

(1) For those enlisted before 1 January 1962, the date of attestation.

(2) For those enlisted on or after 1 January 1962, the date of attaining the age of
18 years or date of attestation, whichever is the later.

b. In the case of women, the relevant date is:

(1) For those enlisted after 1 January 1962 and before 1 August 1967, the date of
attaining the age of 18 years or the date of attestation whichever is the later.

(2) For those enlisted on or after 1 August 1967 and before 1 April 1975, the date of
attestation.

(3) For those enlisted on or after 1 April 1975 the date of attaining the age of 18
years or the date of attestation, whichever is the later.

c. The relevant date for all those enlisting on or after 1 January 2008 is the date of
attestation.

9.109. Former Service. The conditions under which former full time paid service on a
previous engagement in the Army or on an engagement in the Royal Navy, Royal Air Force or any
of the former armed forces in India, Burma, or any of the Commonwealth or Colonial forces may
count as reckonable service for pay and pension purposes are given in the Promotions and
Appointments Warrant 2009, Article 269.

Forfeiture and Restoration of Service

9.110.

a. In accordance with the provisions of The Armed Forces (Forfeiture of Service) (No 2)
Regulations 2009/1090 a soldier who is convicted by Court Martial of desertion or, being
liable to trial, has had their trial dispensed with forfeits previous service for the period for
which they are convicted or confesses to being a deserter.

b. A soldier who so forfeits service is liable to serve as if their service had begun on the
appropriate date as calculated in accordance with The Armed Forces (Forfeiture of Service)
(No 2) Regulations 2009/1090.

c. Under The Armed Forces (Forfeiture of Service) (No 2) Regulations 2009/1090, a

soldier who has served continuously in an exemplary manner for not less than three years as
a soldier of the regular forces is not liable for trial for an offence of desertion (other than on
active service) committed before the beginning of such three years.

9.111. A soldier who has forfeited service as stated in para 9.110a is ineligible for restoration
of such service. However, under the provision of The Armed Forces (Forfeiture of Service) (No 2)
Regulations 2009/1090 where service has been forfeited for desertion the Defence council may
restore the whole or part of the forfeited service if they consider it expedient or desirable to do so
because of any circumstances which they consider to be relevant, for example, the person’s
distinguished, gallant or other conspicuous conduct during the period since the desertion ended.
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9.112. If the forfeited service is restored in whole or part by the Defence Council, the following
rules apply:

a. The additional period of service equal to the period of desertion will be reduced by the
period of restored service.

b. The date of entitlement to discharge from the regular forces or transferred to the
reserve will be adjusted accordingly.

c. The date on which regular service ends or of transfer to the Regular Reserve in
accordance with the person’s engagement will not be affected by the restoration of service.

Re-joining the Colours

9.113. Re-entry from the Regular Reserve.

a. A soldier of the Regular Reserve, Section A may apply to the APC to re-join the
Colours. If the application is accepted the soldier is to be treated as if they had not been
transferred to the Regular Reserve and as if their Army service had continued while they
were serving in the Army Reserve, subject to the following conditions:

(1) If having enlisted for a term partly of Army service and partly of service in the
Regular Reserve, they will, on re-joining, be committed to serve for the balance of their
Regular Reserve service. Those who previously left the Regular Army on an Open or
Notice Engagement (or other), will be required to return to Regular service on a
Versatile Engagement (V Eng). If the unexpired period of that service is less than one
year they will be required to prolong their service for a period of one year to allow for
the provision that they are required to give 12 month’s Notice to Terminate (NTT).

(2) Rejoins will not normally be required to commit to any period other than having to
provide 12 months’ Notice to Terminate (NTT) but they may, in order to receive any
benefit or advantage listed in para 9.086, agree to be restricted in their rights to give
notice to terminate their Colour Service.

(3) Notwithstanding sub-paras (1) and (2) above, a member of the Army Reserve
with a Regular Reserve liability held in abeyance, may be allowed to re-join the Regular
Army.

b. An application from a soldier of the Regular Reserve who wishes to re-enter Army
service is to be dealt with as laid down in Recruiting Instructions Regular Army.

9.114. Re-enlistment. Subject to the conditions and the age limits as laid down in Recruiting
Instructions Regular Army, an ex-regular soldier who applies to re-enlist may be re-enlisted on the
Versatile Engagement. If the applicant is over the age limit but qualified in all other respect they
may be re-enlisted on a Type S Engagement (see Annex E), normally for a minimum period of
three years or for such longer period, up to a maximum of 12 years, provided the APC can sustain
full employment of the applicant.

9.115. Rank on re-joining the Colours.

a. When an ex-regular soldier is permitted to re-join the Colours, as laid down in paras
9.113 – 9.114 in their former corps within 12 months of termination of Colour service, they
are normally to be regranted their former substantive rank, provided there is a vacancy and
they are qualified. Their seniority for whatever rank is granted is to be adjusted at the
discretion of the APC.

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b. When an ex-regular soldier is permitted to re-join the Colours in their former corps, if 12
months or more have elapsed since they terminated their Colour service, former rank is not
normally to be granted. The APC may, however, re-grant rank when it is in the interests of
the Service to do so and the adjustment of seniority is to be at the discretion of the APC.

c. If an ex-regular soldier is permitted to re-join a different corps the re-grant of rank under
a and b is to be subject to vacancy, suitability and possession of the necessary qualifications,
at the discretion of the APC.

d. In exceptional circumstances where a Rejoin has accrued additional relevant

Knowledge, Skills, Experience (KSE) since leaving the Service, a rank appropriate to the
KSE may be offered, even if this is higher than rank on exit. In these cases, acting rank
is to be granted until the Rejoin completes all requisite training and educational
requirements to substantiate in rank. Subsequent promotions will be granted in
accordance with extant rules.

9.116. Reckoning of Previous Service. At the time of re-joining the Colours an ex-regular
soldier should be informed:

a. Whether their previous service may be reckonable for:

(1) Pay purposes - under the provisions of JSP 754 Tri Service Regulations for Pay.

(2) Pensions purposes.

b. That by undertaking to serve with the Colours for not less than three years they will be
entitled to a partial or total refund of purchase costs had they previously terminated their
Colour service by Premature Voluntary Release, (see the Promotions and Appointments
Warrant 2009, Article 286).

9.117 - 9.124. Reserved.

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PART 3 - SOLDIERS' PROMOTION, RANKS AND APPOINTMENTS

General
9.125. Regulations for career planning, ranks, seniority, appointments and employment during
peacetime are laid down in subsequent paragraphs. Any variations which may be necessary for
war will be the subject of special instructions which will be issued by DM(A).

Career Planning and Promotion

9.126. Career planning is necessary to offer soldiers the best possible career prospects
consistent with their ability and to ensure that the need of the Army for warrant officers and NCOs
is met. There are four essential steps in the career planning process:

a. The Target Structure and Management Plan System for measuring and regulating
future promotion opportunities. This is fully explained in AGAI 47.

b. The Serviceperson’s Joint Annual Review system, as outlined in Chapter 5, Part 12 of

these regulations and in further detail in JSP 757- Tri-Service Appraisal Reporting
Instructions.

c. Control over length of service (see para 9.136).

d. Promotion policies based normally on merit, which may incorporate experience in the
rank as laid down in para 9.136.

9.127. There are three types of rank:

a. Substantive rank (see paras 9.128 – 9.146).

b. Acting rank (see paras 9.147 – 9.158).

c. Local rank (Unpaid) (see paras 9.160 – 9.162).

Substantive Promotion
9.128. Promotion policy is an integral part of the career planning process and governs the
future prospects of the entire career employment group. The procedure for the promotion of
soldiers of regiments and corps of the British Army normally based in the United Kingdom and
serving on regular or short service engagements and soldiers of the Army Reserve on recall is to
be as detailed in subsequent paragraphs. The particular conditions under which this policy may
also be applied to non-Europeans enlisted locally for service with units of the British Army will be
notified by special regulations or instructions issued by the Ministry of Defence. The procedure for
soldiers serving on short service engagements and any other similar engagements which may later
be introduced, will be notified by the Ministry of Defence in Defence Council Instructions. The rules
governing promotion are shown in the following paragraphs:

a. Eligibility for selection, paras 9.133 – 9.135.

b. Selection and promotion policy, paras 9.136 – 9.137.

c. Limitation and notification of promotion, paras 9.138 – 9.146.

9.129. Within each arm or service, soldiers of similar skills and employments are grouped
together for promotion purposes into career employment groups (CEGs). Specific rank promotion

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rolls are to be maintained, within these groupings, for all soldiers including those at employment
category E2 or E3.

9.130. The quota of substantive ranks for each arm or service is authorized by DM(A) in
relation to the overall establishment of that corps Details are notified by DM(A) to the relevant
Career Management Branch APC, who are responsible for ensuring that the quota is not
exceeded. The latter are, therefore, responsible for controlling promotion. They may, however,
delegate authority to promote to substantive rank in accordance with the established custom of the
arm or service, in which case details are to be notified through the medium of regimental or corps
memoranda or orders.

9.131. Promotion to substantive rank may be made:

a. To fill the quota referred to in para 9.130.

b. In accordance with the provisions of the Promotions and Appointments Warrant 2009
for soldiers promoted by time; soldiers who are eligible for promotion by time will not also be
eligible for promotion by vacancy (see also para 9.135).

c. For distinguished service in accordance with the provisions of the Promotions and
Appointments Warrant 2009.

9.132. Although the eligibility rules, paras 9.133 – 9.135, apply to promotion by vacancy or
time, the selection procedures outlined in paras 9.136 – 9.137 apply only to those career
employment groups in which promotion is by vacancy. In general the APC promotion procedure
starts at the rank of corporal or lance corporal depending upon the requirements of the arm or
service director. Promotion of private soldiers to the rank at which the system starts to operate is
on the basis of recommendations by COs and the approval of the relevant Career Management
Branch APC.

Eligibility for Selection

9.133. General. To be considered for substantive promotion a soldier must normally:

a. Have an unqualified recommendation for promotion by their CO. In the case of soldiers
of the Household Cavalry, RAC, Foot Guards and Infantry who are serving at employment
category E2, E3 or on Loan Service, the relevant Career Management Branch APC are
normally to seek advice regimentally that the soldier is up to the standard of the higher rank
at regimental duty.

b. Possess the necessary experience in the rank as laid down by the arm or service
director, or in the case of time promotion, the minimum reckonable service as required by the
Promotions and Appointments Warrant 2009.

c. Possess the necessary educational, military and employment qualifications, as laid

down in para 9.134.

d. Not be in captivity (see para 9.146).

e. Have 12 months residual service, calculated from the beginning of the promotion year,
to be eligible for substantive promotion. If, in the interests of the Service, it is considered that
an individual should be promoted with less than 12 months residual service, a case should
be made by the relevant Career Management Branch APC to Deputy Military Secretary APC
who may approve on a case by case basis.

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9.134. Qualifications for Promotion. A CO is to ensure that all warrant officers, NCOs and
soldiers receive adequate instruction and preparation in the qualifications required for promotion.
The minimum qualifications required for substantive promotion are set out in subsequent sub-
paragraphs. In the case of acting rank, see para 9.148b.

a. Educational Qualifications. The following courses must be attended before

substantive promotion to the ranks shown:

(1) WO CLM Parts 1 and 2 – Warrant Officer Class 2.

(2) SNCO CLM Parts 1 and 2 – Sergeant (or equivalent).

(3) JNCO CLM Parts 1 and 2 – Corporal (or equivalent).

b. NCOs must be graded competent in all competence areas before they are considered
for promotion to higher ranks.

c. Military Qualifications. Details of military qualifications required for substantive

promotion are published in regimental or corps orders and may not be varied without DM(A)
authority.

d. Employment Qualifications:

(1) For substantive promotion to the rank of sergeant and above, a soldier is required
to hold the highest classification open to their employment; for substantive promotion to
the rank of corporal the second highest classification open to their employment; for
promotion to the rank of lance corporal the lowest classification open to their
employment. A higher or lower standard will be adopted on the authority of DM(A)
only.

(2) Full details of the employment qualifications required for substantive promotions
are to be found in regimental or corps orders.

(3) Details of Army or civilian qualifications required for certain technical

appointments will be notified in AGAIs, Volume 2, or in regimental or corps instructions.

(4) Unless the Inspector Army Music gives special approval to the contrary, a
candidate for appointment as a bandmaster must have qualified at a student
bandmasters' course at the Royal Military School of Music.

e. Rank:

(1) Before selecting a warrant officer, class 2 for promotion to the rank of warrant
officer class 1 the APC is to ensure that the soldier is still recommended and fully
qualified for promotion to that rank.

(2) A soldier below the rank of substantive warrant officer class 2 will not normally be
eligible for promotion to warrant officer class 1.

(3) Normally a soldier should hold the substantive rank immediately below that for
which they are being considered for promotion. Selection to the rank of warrant officer
class 2 will normally be made from soldiers holding the substantive rank of staff
corporal or staff sergeant; if no suitable staff corporal or staff sergeant is available,
selection may be made from soldiers who hold the substantive rank of corporal of
horse or sergeant.

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(4) Special Cases. Soldiers specially enlisted into, or transferred to, certain corps to
fill appointments for which specific minimum ranks are authorized may be promoted to
such ranks on completion of the period of probation or training, or as laid down in
specific regulations or instructions.

9.135. Time Promotion Restriction. A soldier promoted by time shall not be eligible for
promotion by vacancy unless it is intended that they are to perform duty in the vacancy into which
they are promoted and ceases to be subject to promotion by time. Should they at any future date
assume an appointment, with the concurrence of the APC where promotion is governed by time
their rank is to be assessed in accordance with the conditions laid down in the Promotions and
Appointments Warrant 2009.

Selection and Promotion Policy

9.136. Selection. The main feature of the policy is that once a soldier becomes eligible for
promotion, selection will normally be based on merit. Seniority in the rank is a measure of the
experience gained in that rank and as such is a consideration in this selection process. The extent
to which rank, seniority or experience is reflected in the overall merit assessment of individual
soldiers is a matter for the respective regiment or corps, since the employment requirement may
demand a different ratio of ability and experience. The selections made may be regulated where
necessary in the career interests of the entire career employment group.

9.137. Promotion.

a. Promotion Selection Boards are responsible for considering those eligible for
promotion. The Promotion Selection Board is to make selections in accordance with the
guidelines provided by the APC.

b. The APC has the ultimate control of promotions to meet the manning requirements.

Limitations and Notification of Promotion

9.138. Supernumeraries in a substantive rank in any corps are to be counted against the total
establishment of that rank for that corps. This authorized establishment may not be exceeded
without prior approval of the Ministry of Defence directorate concerned. This rule does not
preclude the filling of vacancies by promotion into specialists' appointments but the prior approval
of the Ministry of Defence directorate concerned is to be obtained in all cases.

9.139. The effective dates of promotion are to be as follows:

a. When a vacancy for a warrant officer or NCO occurs through a change in

establishment, promotion is to be effective from the date as authorized in the revised
establishment.

b. When a vacancy for a warrant officer or NCO occurs through death, termination,
promotion or reversion in rank, the successor is to be promoted, if they are qualified, from the
day following such occurrence.

c. Where there is no soldier qualified to fill a vacancy in a rank on the date such vacancy
occurs the soldier eventually selected will be promoted from the date of qualification, and
their promotion is not to be antedated to the original date of the vacancy.

9.140. Subject to para 9.141, when a promotion to the rank of warrant officer or non-
commissioned rank has been approved by the authorizing officer, such promotion is not complete
and final until it is entered in JPA process of the unit on whose strength the warrant officer or NCO

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is then borne. Thus, a CO retains authority over the promotion of a soldier while the soldier is
serving under their command.

9.141. In cases where acting rank has been erroneously granted the CO is to order the holder
to relinquish the rank and ensure that a JPA occurrence is immediately actioned cancelling the
erroneous grant of acting rank. The date of the cancellation will be the date of the issue of the JPA
occurrence in which the cancellation is recorded.

9.142. Vacancies to the appointment of bandmaster are to be filled by the promotion of

qualified Music Direction (MD) Course students nominated by DCAMUS in accordance with the
following procedure:

a. A bandmaster on first appointment from the Royal Military School of Music is to be

promoted to staff sergeant (if they hold a lower rank) on appointment, for a probationary
period of 12 months. Should no vacancy be available at the time of qualification, the soldier
will return to a Regular Army Band in substantive rank until a vacancy becomes available.

b. Following the probationary period, if a newly qualified bandmaster does not fully meet
the required standard commensurate with their appointment, in order to assist them to meet
the standard, and in keeping with the restoring efficiency as outlined in AGAI 67, a period of
remedial work will be undertaken as directed by DCAMUS.

c. Staff Sergeant bandmasters are to be promoted to warrant officer, class 2, and warrant
officer, class 1, when the CO, in consultation with DCAMUS, considers them suitable
following completion of 2 years in rank.

9.143. Warrant officers class 2 who for other reasons are no longer to be considered (on the
advice of the promotion board) for promotion to warrant officer class 1 are to be informed of this
decision. These notifications are to be made by the APC and transmitted through COs.

9.144. The grant or relinquishment of the appointment of regimental quartermaster sergeant

or equivalent is to be recorded on JPA particularly in cases where the grant of this appointment
renders the incumbent eligible to be registered for a regular late entry commission.

9.145. When promotion to the substantive rank of warrant officer has been approved,
application is to be made by the relevant Career Management Branch APC to the Defence
Business Services (DBS) for the preparation and issue of a warrant.

9.146. Captivity - Soldiers taken Prisoner or Kidnapped. A soldier who is taken prisoner of
war in the course of warlike operations, or who is kidnapped by a hostile force in other
circumstances, is to be treated as follows:

a. Promotion by time, if applicable, is to continue. The recommendation required by the

relevant provisions of the Promotions and Appointments Warrant 2009 is to be waived, but
such promotion is to be reviewed at the end of a period of 12 months from the date on which
the soldier is taken on the assigned or permanently attached strength of a unit after any
leave or hospital treatment granted to them on repatriation or escape. If the soldier then fails
to fulfil the qualifications appropriate to their new rank or fails to receive the recommendation
of their CO they will revert from the day following the completion of the 12 months period
defined above to the substantive rank held by them at the time of capture, or if higher, to the
rank for which they are qualified and recommended under the Promotions and Appointments
Warrant 2009. The promotion of soldiers who have forfeited pay under JSP 754 – Tri
Service Regulations for Pay section 2 paragraph 02.1208 sub paragraph f will be considered
by the DM(A).

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b. A soldier is not eligible for substantive promotion by vacancy while they are in captivity.
However, they are to retain their position on the promotion roll and, provided they are
recommended for promotion within 12 months of joining a unit for duty after release from
captivity, they are to be considered for promotion into the first available vacancy, and if
selected, their seniority is to be adjusted to the position they would have held had they not
been taken prisoner.

c. See also para 9.155 regarding acting rank.

Grant of Acting Rank

9.147. The Ministry of Defence lays down from time to time the percentage of the corps or
regimental establishment of warrant officers and NCOs, which may be filled by substantive ranks.
The balance which is not filled by substantive ranks, plus any deficiency resulting from holders of
substantive rank being temporarily non-effective, may be made up by the grant, under the control
of the APC of acting rank in accordance with the provisions of paras 9.148 – 9.151.

9.148.

a. Acting rank may be granted to a soldier who is assigned into or who is appointed to fill
a vacancy in an establishment which carries a higher rank than their substantive rank.
Normally acting rank cannot be granted when a soldier with the appropriate substantive rank
is available to fill a vacancy. A soldier who is eligible for promotion by time will not be
granted acting rank except when the approval of the DM(A) has been obtained.

b. The qualification rules for substantive rank in paras 9.133 – 9.134 are not required for
the grant of acting rank. However, as acting rank confers upon the individual extra prestige,
pay and pension, it should be exceptional for the warrant officer or NCO not to be fully
qualified and recommended for promotion. Note that the educational qualification is not
required. Furthermore, the Ministry of Defence directorate concerned may lay down certain
minimum standards to apply to warrant officers and NCOs holding acting ranks in a particular
group of ranks and employments. In selecting soldiers to fill appointments temporarily in
their units, COs should be guided by these principles, but they have absolute discretion to
select whoever appears to be most suitable, regardless of qualifications. However, if a
warrant officer or NCO who is granted acting rank is relatively junior, or is unqualified, the
APC may arrange a replacement and this should be explained at the time they are granted
acting rank.

c. Where a rank range is shown against an assignment in an establishment, the grant of

acting rank is only admissible to the lowest of the ranks in the range specified.

d. A soldier is not to be regarded as performing the duties of an appointment and so be

granted the appropriate acting rank so long as the actual holder of the appointment remains
on the assignment or permanently attached strength of the unit except that:

(1) When the holder is absent from their unit and is subsequently struck off the
strength of their unit on account of such absence (whether for sickness or other
causes) or

(2) When the holder has handed over their appointment but remains on the assigned
strength of their unit pending assignment to the next unit, the appointment will be
regarded as having been vacant from the date of notification of absence or the day
following the completion of the handover as the case may be.

e. Acting rank may not be granted to a soldier filling an officer's assignment.

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9.149. When a vacancy occurs in a unit for which no warrant officer or NCO of the appropriate
substantive rank is available, the CO may select a soldier to carry out temporarily the duties of an
appointment which carries a rank higher than the substantive or such acting rank as they already
hold. The CO is then immediately to obtain covering authority for this acting promotion from the
APC. The APC may approve the acting promotion made by the CO or may nominate a
replacement.

9.150. Reserved.

9.151. In certain regiments or corps the authority for acting promotion not above the rank of
acting sergeant is delegated to COs by the APC, in accordance with the custom of the corps, but
the responsibility remains with the APC.

9.152. Acting rank is to be relinquished on the date the holder ceases to fill the vacancy for
which the rank was granted, except that in the following circumstances acting rank may be
retained, notwithstanding that the soldier may be struck off the strength of the unit and the vacancy
filled by another soldier:

a. When assigned direct to another establishment to fill a vacancy for the same or higher
rank.

b. Where the holder's absence from duty is due to wounds, injuries or sickness, except
where the approved medical authority certifies that, in their opinion, the soldier deliberately
occasioned their condition by their own act or negligence, the rank may be retained for a
period not exceeding 120 days unless on return to duty before the end of that period they are
assigned to fill a vacancy in a lower rank.

c. When a soldier is serving overseas, and has held acting rank for an unbroken period of
180 days immediately before departure for the United Kingdom or Europe, the rank may be
retained up to and including the day of arrival.

d. When a soldier is returning to the United Kingdom from overseas or Europe for the
purpose of leaving the Service, provided they are to be terminated or transferred to the
Regular Reserve within 56 days of arrival. Under this subparagraph, when a soldier has held
acting rank for less than 180 days but immediately before held a lower or higher acting rank,
they are to be allowed to retain the lower acting rank of the two if the aggregate of the period
amounts to in excess of 180 days. Soldiers reverting to the Home Establishment for the last
six months of their service have no such rights unless assigned to a vacancy carrying a
higher rank in a Home Establishment.

e. On all courses defined as Long Courses, provided the acting rank is not higher than the
maximum rank of the appointment for which the course is designed as a preparation.

f. During privilege, local or compassionate leave, subject to the appointment in the

establishment not being filled by the assignment of another soldier holding the equivalent
substantive rank or by the grant of acting rank to another soldier.

g. During inter-tour leave, unless the local divisional or equivalent commander considers it
essential that the vacancy shall be filled.

h. In arms which have a minimum rank, acting rank equal to the minimum rank may be
retained. If a higher acting rank is held, and if none of sub-paras a to g are applicable,
reversion is to be to the lowest rank applicable to the corps, or to the soldier's substantive
rank if higher.

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i. During terminal leave, where the soldier has held acting rank for 180 consecutive days
immediately preceding the beginning of terminal leave.

j. If they would otherwise retain acting rank a soldier is not required to relinquish such
acting rank solely because it is essential for administrative reasons to assign them for a short
period to a depot or holding unit. This rule does not apply when a soldier is despatched to a
depot or holding unit pending the issue of further assignment instructions. To retain acting
rank it is essential that the soldier shall be under such orders when they leave their last
appointment as would enable them to retain that rank if it were not administratively
necessary for them to proceed to a depot or holding unit.

k. When acting lance corporal or equivalent is the minimum rank in their employment or
corps.

Note. The soldier is to be informed immediately by their CO if they are not allowed to retain acting
rank under e, f or g.

9.153. The retention of acting rank on assignment is governed by the rules in para 9.152a, g, i
and j. With regard to reinforcement demands the following rules will apply:

a. Any warrant officers and NCOs assigned while holding acting ranks must be absorbed
into appropriate vacancies on arrival overseas; otherwise they are to relinquish acting rank.

b. Should it at any time be necessary, in the interests of maintaining a proper balance in a

particular corps, to assign more warrant officers and NCOs than have been demanded, no
warrant officers and NCOs included in the draft may retain acting rank.

c. The APC is authorized to assign more warrant officers and NCOs than have been
demanded only when it is known that sufficient vacancies appropriate to their substantive
ranks are available for them, on their arrival in the overseas theatre, through the
relinquishment of acting rank by warrant officers and NCOs already in the theatre.

9.154. Where a soldier has retained acting rank under the provisions of para 9.152c they will
automatically be granted the equivalent local rank (Unpaid) on the day after arrival in the United
Kingdom or Europe when they relinquished acting rank, and may retain such local rank (Unpaid)
until they are assigned for duty in either their substantive rank or higher acting rank.

9.155. A soldier who is taken prisoner in the course of warlike operations, or is kidnapped by a
hostile force, is to be treated as follows:

a. Duly authorized acting rank is to be retained during captivity and for 61 days after
arrival in the United Kingdom or joining a unit for duty or until such time as they are assigned
to fill an appointment in a lower rank than their acting rank, whichever is the earlier.

b. If admitted to hospital on return from captivity, acting rank may be retained for up to
120 days after entry into hospital, if this is more favourable to the individual than the 61 day
rule in a.

9.156. The CO is to order an acting warrant officer or acting NCO to revert to their substantive
rank if the soldier concerned ceases to perform the duties of their acting rank. Such action is
administrative and is not to be confused with disciplinary reductions nor with reduction for
inefficiency or unsuitability subsequent to administrative action. If a soldier holding acting rank is
charged or likely to be charged with an offence under the Armed Forces Act 2006 they will not be
administratively deprived of their acting rank before their trial unless they are absent without leave
for more than 21 days, or in close arrest for more than seven days.

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9.157. In cases where acting rank has been erroneously granted the CO is to order the holder
to relinquish the rank and ensure that a JPA occurrence is immediately carried out cancelling the
erroneous grant of acting rank. The date of the cancellation will be the date of the JPA occurrence
in which the cancellation is recorded.

9.158. Draft Conducting. In order that a proper quota of NCOs may be available in every
draft the officer commanding draft assembly unit is to appoint acting NCOs appropriate to the size
of the draft, according to the following rules:

a.

Size of draft Scale up to which acting NCOs for draft conducting duties
may be appointed

Up to five soldiers Nil, except on special authority of the Ministry of Defence.

Up to five soldiers One corporal (or equivalent).

21 to 40 soldiers Two corporals (or equivalent).

41 to 60 soldiers One sergeant and two corporals (or equivalent).

61 to 80 soldiers One sergeant and three corporals (or equivalent).

For larger drafts Proportionately.

b. The following rules are to apply:

(1) The period of tenure is to be from the day the draft leaves the draft assembly unit
from which it is despatched to the point of departure until the day after arrival at
destination.

(2) The officer commanding draft assembly unit is to make the appointments
necessary to bring the draft up to the scale shown in a and to enter the occurrence on
JPA.

(3) Relinquishment of rank is to be published by the officer commanding receiving

unit or base transit depot, whichever is applicable.

Substitution Pay
9.159. Substitution Pay may be granted to a soldier under the conditions shown in JSP 754
Tri- Service Regulations for Pay.

Grant of Local Rank (Unpaid)

9.160. Local rank (Unpaid) carries no entitlement to pay, allowances or pension rights. It may
be granted under the following conditions:

a. On the authority of the brigade or equivalent commander in those circumstances where

it is desirable to exceed, temporarily, for purposes of training or prestige, the number of ranks
or appointments authorized in an establishment, or to provide a higher rank than that
allowed.

b. After arrival in the United Kingdom or Europe, when acting rank has been held for 180
consecutive days before departure as provided for in para 9.154.
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c. Where a warrant officer or NCO reverts voluntarily in substantive rank to serve for an
extended career at employment category E1 the head of the arm or service may grant local
rank (Unpaid). If the appointment is at employment category E2 then the APC may grant
local (Unpaid) rank.

d. After discharge from hospital in cases where acting rank was relinquished under the
terms of para 9.152b.

e. At the discretion of the APC for prestige purposes, where a warrant officer or senior
NCO is in transit to take up an appointment on promotion. In such cases the instruction is to
be incorporated in the assignment order.

f. At the discretion of the APC to craftsmen and lance corporal candidates identified as
potential artificers by the Artificer Selection Board, individuals concerned may retain local
rank (Unpaid) so granted as long as they continue to be eligible and recommended for
artificer training.

9.161. For the disciplinary aspects of soldiers holding local rank (Unpaid), see para 6.151.

9.162. Local rank (Unpaid) will be relinquished automatically on the day that the holder ceases
to fulfil the function for which local rank (Unpaid) was granted.

Seniority
9.163. Holders of substantive rank will be senior to all holders of the same acting rank, who in
turn will be senior to all holders of the same local rank.

9.164. The Army Command Sergeant Major, Command Sergeant Majors and the Garrison
Sergeant Major of London District are generally Late Entry Officers serving on Deferred
Commissions (while wearing the apparent rank of warrant officer class 1). As such they are to be
considered senior to all other warrant officer Class 1 (not yet granted a Commission). For all other
warrant officer Class 1 appointments (other than those held by Late Entry Officers serving on
Deferred Commissions) seniority between those of the same substantive rank is to be determined
in accordance with their dates of promotion to that rank, except where provided to the contrary
(para 9.169).

9.165. Seniority between those of the same acting or local rank is to be respectively
determined in accordance with their dates of promotion to that acting rank or the date on which the
local rank was granted. When the date is the same, seniority is to depend on the date of
promotion to the next lower rank at which seniority can be clearly established and if necessary by
seniority as a soldier in accordance with para 9.164c.

9.166. In certain corps, the corps seniority of soldiers transferred from another corps counts
only from the date of transfer. Army seniority, however, is not affected by such transfers.

9.167. Warrant officers, class 2, and NCOs assigned to the permanent staff of the Army
Reserve rank with other warrant officers, class 2, and NCOs of the regular Army, according to the
date of promotion, but are senior, in the same rank, to warrant officers, class 2, and NCOs of the
Army Reserve.

Appointments and Precedence

9.168. The Army Command Sergeant Major is the senior Warrant Officer Class 1 appointment
in the Army. This appointment is considered the most senior because of the prestige associated
with the role, because it is a Late Entry Officer appointment (of shadow OF3 rank) and because it
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is the only warrant officer Class 1 appointment on the General Staff. The following tables show the
senior warrant officer appointments in the Army generally hold Late Entry Officers on deferred
Commissions and senior soldiers. This table shows relative seniority and grants, under due
authority, to any rank therein detailed, eligibility for the holder of that rank to be considered for any
one appointment listed opposite that rank in the table.

9.169. Warrant Officers.

Rank Group Appointment

Warrant Officer - class 1 (i) The Army Command Sergeant Major
Command Sergeant Majors
(To include both the:
Royal Artillery Sergeant Major and the Academy Sergeant
Major, RMAS)
Garrison Sergeant Major London District
Conductor, RLC1

(ii) Master Gunner, RA.

(iii) Garrison Sergeant Major (except London District).

(iv) Regimental Corporal Major

Regimental Sergeant Major.
Bandmaster
Staff Sergeant Major. RLC or AGC(SPS)
Sergeant Major
Any other appointment on the establishment of a unit or corps
carrying the rank of warrant officer, class 1, eg Artificer
Sergeant Major, Superintending draughtsman.

Warrant Officer - class 2 (i) Garrison Quartermaster Sergeant

Regimental Quartermaster Corporal
Regimental Quartermaster Sergeant
Regimental Quartermaster Corporal (technical) Regimental
Quartermaster Sergeant (technical)
Staff Quartermaster Sergeant
Quartermaster Sergeant Instructor
Quartermaster Sergeant.
Bandmaster

(ii) Farrier Quartermaster Corporal or Quartermaster Sergeant

Squadron Corporal Major; Squadron, Battery or Company
Sergeant Major
Bugle, Drum, Pipe or Trumpet Major
Any other appointment on the establishment of a unit or corps
carrying the rank of Warrant Officer, class 2, eg Warrant Officer
Instructor, class 2 (physical training).

9.170.

a. Groupings. By custom, and for administrative purposes, appointments of warrant

officers are listed in the groups shown in para 9.169. Notwithstanding seniority as laid down
in para 9.164 a warrant officer may exercise authority over those of equal rank in other
groups, when required to do so in the execution of the duties of their appointment.

1
The status of ‘Conductors of Supplies’ and ‘Conductors of stores’ is confirmed by Royal Warrant (dated 11 Jan 1879 para 2) in that
‘Their position in Our Army shall be inferior to that of all commissioned Officers, and superior to that of all non-commissioned officers’.

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b. Warrant Officers, class 1.

(1) A regimental corporal major and regimental sergeant major rank regimentally
above all other warrant officers, class 1, in Group (iv).

(2) A conductor or a staff sergeant major in the RLC is to act in the place of a
subaltern officer when required.

On all parades they are to take post as an officer, but is not to salute.

c. Warrant Officers, class 2. Notwithstanding seniority as laid down in para 9.164:

(1) A garrison quartermaster sergeant takes seniority before all other quartermaster
sergeants.

(2) A regimental quartermaster corporal or a regimental quartermaster corporal

(technical) or a regimental quartermaster sergeant or regimental quartermaster
sergeant (technical) is regimentally senior to all other warrant officers, class 2, holding
the appointment of quartermaster sergeant.

(3) A company sergeant major of the Guards Division who is employed as a drill
sergeant is regimentally senior to the other company sergeant majors of the Guards
Division.

9.171. Non Commissioned Officers. NCOs are to take seniority in their rank in accordance
with paras 9.163 – 9.167.

Rank Appointment
(i) Staff Corporal or Squadron quartermaster corporal. Squadron, battery or company
Staff Sergeant. quartermaster sergeant. Colour sergeant or company quartermaster sergeant
(Foot Guards and Infantry). Bugle, drum, pipe or trumpet major. Appointment
on the establishment of a unit carrying the rank of staff corporal or staff
sergeant, eg clerk of works staff sergeant; staff sergeant instructor; artificer staff
sergeant, Bandmaster.
(ii) Corporal of Horse Bugle, drum, pipe or trumpet major. Any other appointment on the
or establishment of a unit carrying the rank of corporal of horse or sergeant, eg
Sergeant pioneer sergeant, sergeant instructor.
(iii) Corporal, Appointment on the establishment of a unit or corps carrying the rank of
Bombardier corporal, bombardier or lance sergeant.
or Lance
Sergeant
(iv) Lance Corporal or Appointment on the establishment of a unit or corps carrying the rank of lance
Lance Bombardier corporal or lance bombardier, eg lance corporal clerk, lance corporal driver.

9.172. Soldiers.

Rank Appointment
Private, which includes: An appointment on the establishment of a unit or corps, such as clerk,
Trooper bandsman, and for soldiers who are officer cadets undergoing training at an
Gunner officer cadet training establishment, under officer, cadet sergeant, cadet corporal
Sapper and cadet lance corporal.
Signaller
Guardsman
Fusilier
Kingsman
Rifleman
Ranger
Airtrooper
Craftsman

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Musician

9.173.

a. Apprentices.

Rank Appointment
Apprentice Tradesman An entrant at an army apprentices college which includes the
appointment of apprentice tradesman.

b. Powers of Command. Although apprentices may be given supervisory duties and

wear badges of rank, such supervisory powers may be exercised over apprentices in their
own unit only.

9.174. Royal Marines. The ranks and appointments held by other ranks in the Royal Marines
are shown in the following table, together with equivalent Army ranks. The grant, under due
authority, of any rank therein detailed, will render the holder of that rank eligible for any one
appointment listed opposite that rank in the table.

Rank Appointment Equivalent Army Rank

Warrant Officer Regimental sergeant major Warrant Officer class 1

class 1 Warrant Officer

Warrant Officer Regimental quartermaster sergeant. Company or Warrant Officer class 2

class 2 troop sergeant major.
Any other appointment on the establishment of a
unit carrying the rank of warrant officer class 2 eg
first drill or bandmaster.

Colour Sergeant Colour sergeant bugler. Band colour sergeant. Any Staff Corporal or Staff
other appointment on the establishment of a unit Sergeant
carrying the rank of colour sergeant, eg
detachment sergeant major of HM Ships company
or troop quartermaster sergeant bandmaster, drum
or bugle major.

Sergeant Sergeant bugler. Band sergeant. Any other Corporal of Horse or Sergeant
appointment on the establishment of a unit
carrying the rank of sergeant, eg provost sergeant,
orderly room sergeant.

Corporal Appointment on the establishment of a unit Corporal or Bombardier

carrying the rank of corporal, eg corporal bugler,
band corporal, provost corporal, postal corporal.

Lance Corporal Appointment on the establishment of unit carrying Lance Corporal or Lance
the rank of lance corporal, eg provost lance Bombardier
corporal, band lance corporal, lance corporal clerk,
lance corporal bugler.

Marine Appointment on the establishment of a unit, such Private (or equivalent

as clerk, driver, musician or bugler. rank)

Junior Marine A junior entrant undergoing training at a junior Apprentice Tradesman

training
establishment, eg junior bugler, junior musician.

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9.175. Other Services. Corresponding ranks in the Royal Navy and Royal Air Force are
shown in para J2.042.

Voluntary Reversion to Lower Rank

9.176. A warrant officer or NCO may, with their CO's consent, voluntarily revert to a lower
rank. The soldier should be made aware that under JSP 754 Tri- Service Regulations for Pay,
voluntary reversion in rank will result in them being assimilated into pay scales in such a way as to
achieve at least a 2% reduction in pay from that in issue on the day before voluntary reversion in
rank. A certificate signed by the soldier and personally countersigned by the CO that the reversion
is voluntary is to be attached to the soldier's documents and the CO is, before consenting to such
reversion, to be satisfied that there is no disciplinary action pending or outstanding against the
warrant officer or NCO. Seniority in the rank to which they revert is to count from the date of their
original promotion to that rank. The warrant officer or NCO will remain ineligible for further
promotion until such time as the APC receives an application from the soldier, countersigned by
their CO, stating that they wish to be reconsidered for promotion under normal rules. When re-
promotion is approved seniority in the new rank is to reckon from the latest date of such
substantive promotion to that rank.

Reduction in Rank and Removal on Account of Inefficiency or Unsuitability

9.177. In cases of inefficiency or unsuitability a CO may:

a. Apply to an appropriate officer for the reduction in rank of any substantive warrant
officer or NCO as provided for in para 9.178.

b. Order any warrant officer, class 2, NCO or soldier to relinquish any acting rank which
they may be holding and to revert to their substantive rank.

c. Order any warrant officer, NCO or acting NCO to be removed from any appointment
which they may be holding and to assume any other appointment appropriate to their rank or
acting rank.

d. Order any substantive lance corporal or lance bombardier to be reduced to the ranks.

9.178. When a substantive warrant officer or NCO of the rank of corporal or above, by reason
of misconduct, unsuitability or inefficiency of a nature which does not warrant disciplinary action, is
nevertheless undeserving of retention in their substantive rank, their CO may, order their reduction
in rank under the provisions of section 332 of the Armed forces Act 2006 as amended by section
19 of the Armed forces Act 2011. The process contained in AGAI 67 is to be used. Where the
reduction in rank relates to the inefficiency the warrant officer or NCO should normal be given a
period of 3 months formal warning to remedy any shortcomings. In cases of minor misconduct the
soldier may be given a 3-month formal Warning period to improve their conduct.

9.179. Reserved.

9.180. A warrant officer or NCO who is reduced to a lower rank for inefficiency or unsuitability
under the provisions of section 332 of the Armed Forces Act 2006 as amended by section 19 of the
Armed Forces Act 2011 is to be placed on the rank seniority roster in the lower rank according to
the date they were originally promoted to that rank. If the warrant officer or NCO has never served
in the lower rank before reduction, the APC is responsible for granting the soldier such seniority in
the lower rank that they will be in the zone for promotion to the next higher substantive rank at the
expiration of the relevant period laid down in para 9.181. If two or more warrant officers or NCOs
are reduced simultaneously, the relevant Career Management Branch APC is to grant seniority in
the lower ranks so as to maintain their relative seniority.

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9.181. A warrant officer or NCO holding an appointment which carries a minimum rank, who is
reduced for inefficiency, unsuitability or by Court Martial to a rank below the minimum for the
appointment, is to be deprived of such appointment and, under instructions of the APC is either to
be returned to the roll appropriate to their original employment or be reclassified in an employment
on a roll appropriate to the circumstances of the case. When a supervisory technician is reduced
to a rank below staff sergeant and cannot be mustered as a technician because no vacancy exists
in the corps quota, they may be held surplus until a vacancy occurs. When re-promotion is
approved, seniority is to reckon from the date of such substantive promotion and in no
circumstances is to confer any retrospective financial advantage.

9.182. Reserved

9.183. A soldier may be granted the next higher acting rank under the normal rules; or they
may be promoted to the next higher substantive rank, if recommended and qualified, provided that:

a. A vacancy is available in the rank quota for the higher rank where such promotion is
granted by selection to fill a vacancy, or

b. The promotion is authorized by the APC where such promotion is governed wholly by
time.

A soldier granted the acting rank or promoted to the substantive rank of lance corporal or
equivalent is not to be further promoted within 12 months of reduction.

9.184. Further promotion which may follow any initial promotion after reduction may be
granted under the normal rules, except as provided in para 9.183. When such further promotion is
granted, seniority is to be assessed as follows:

a. In the case of soldiers on vacancy promotion, seniority in the new rank is to reckon
from the latest date of substantive promotion to that rank.

b. In the case of soldiers on time promotion, only service accrued after the date on which
the warrant officer or NCO was reduced will count as reckonable service for promotion
except as provided for in para 9.185.

9.185. Notwithstanding para 9.184b, individual cases may be reconsidered jointly by the APC
and the soldier's CO at the time. If the circumstances justify it, the CO may then recommend to the
appropriate authority such regrant of seniority as is thought fit, provided however that the seniority
so granted shall not be greater than that which the soldier would have held but for their reduction in
rank. The appropriate authority in these cases is:

a. The Army Board of the Defence Council.

b. Any officer in executive command not below the rank of major general or
corresponding rank under whose command the warrant officer or NCO is for the time being
serving.

c. Any brigadier or officer of corresponding rank when commanding an independent

command in which the warrant officer or NCO is for the time being serving.

Employment of Soldiers under Other Governments

9.186. Soldiers will not be employed under any government other than that of the United
Kingdom except when such employment has been sanctioned by the Defence Council. The
conditions to be observed in such cases will be notified by the Ministry of Defence. In the absence
of any general sanction an individual application must specify the nature and expected duration of

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the employment. In cases of pressing necessity abroad, a GOC may provisionally sanction the
employment of a soldier pending the result of an application to the Defence Council. In either case
no soldier is to be so employed unless they are a volunteer and signs an acknowledgement before
the employment begins that they are willing to serve under the conditions laid down.

The Substantive Promotion of Soldiers Loaned to, or Serving with Units of

Other Arms
9.187. The substantive promotion of soldiers loaned to or serving with units of other arms or
services is to be governed by the following conditions:

a. Provided they are qualified and recommended by the CO they are to be eligible for
consideration for promotion in the normal way.

b. If they can be absorbed in the new rank in a vacancy within the establishment of the
unit to which seconded, they are to be promoted and will complete their normal tour of duty
with that unit.

c. If no vacancy in the new rank exists into which they can be absorbed, they are to be
returned to their parent arm or service, unless they are contractually bound to complete their
tour of duty or, if not contractually bound to complete their tour of duty, they volunteer to
remain with their present unit until completion of that tour of duty.

In either circumstance, they may be required to forgo promotion until the completion of their tour of
duty. They are to be promoted when the next vacancy occurs, if still recommended, with seniority
adjusted to the date on which they would have been promoted had they not remained detached
from their parent arm. No effective or non-effective pay is admissible for the period of deferment of
the highest rank.

9.188 - 9.199. Reserved.

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PART 4 - TRANSFER BETWEEN CORPS

Legal Provisions
9.200. Under the provisions of The Army Terms of Service Regulations 2009 a regular soldier
may, at their own request or with their consent, be transferred from one corps to another. A soldier
may be transferred without their consent to another corps but only on the order of a member of the
Army Board unless a state of war exists or personnel of the Army Reserve are called out on
permanent service.

General Instructions
9.201. Warrant Officers and NCOs. A warrant officer or NCO whose application to transfer is
approved in principle is to be informed through their CO by the APC what substantive rank and
seniority they are to be granted in their new corps. If a vacancy in the soldier's substantive rank
does not exist or if their qualifications and experience do not qualify them for transfer in their
substantive rank and they are unwilling to accept the rank and seniority offered, they are to be
permitted to withdraw the application. Transfer in this circumstance is not to be authorized unless:

a. The soldier is willing to revert voluntarily to a substantive rank in which they can be
accepted (see para 9.176), or

b. The transfer arises out of a recommendation for re-employment and the soldier is to be
reduced in rank under provisions of section 332 of the Armed Forces Act 2006 as amended
by section 19 of the Armed forces Act 2011 (see paras 9.180 – 9.185).

9.202. Acting Rank. Acting rank may be retained during any period of probation which they
may be required to spend with the corps to which they wish to be transferred. This may include a
Long Course as defined in Courses of Instruction (AC 9458) (see also paras 9.147 – 9.158). In
any other circumstances acting rank may be retained only during the period of probation provided
that the soldier remains on the strength of their unit.

9.203. Employment Tests. The rules for the employment and testing of soldiers on transfer
to another corps are contained in AGAI 48.

9.204. Movement Costs. Responsibility for meeting the cost of movement occasioned by a
transfer is governed by the provisions of JSP 754 Tri- Service Regulations for Pay. Briefly they are
that if the transfer is at the initiative of the military authorities, the cost of travel will be a charge
against the public.

9.205. Re-transfer. A soldier who transfers to another corps will not be permitted at any
future time to be transferred to their former corps unless such re-transfer is in the interest of the
Service.

9.206. Procedure. After an application for transfer has been given due consideration the
soldier will be informed by their CO of the action taken thereon. No promise will be given that an
application will be granted even though the CO may have recommended transfer. The soldier
should be warned that in some cases a transfer depends on a corresponding vacancy and even
though a transfer may eventually be approved, a lapse of time may be inevitable.

9.207. Assignment Overseas. While an application to transfer is being considered, a soldier

may be assigned overseas or to another unit in the normal way unless the APC directs otherwise.

9.208. Effective Date. The effective date of the transfer is to be as follows:

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a. Under normal circumstances it will be the date on which the soldier is taken on strength
of their new corps and they will be struck off strength of their previous corps on the preceding
day.

b. Unless otherwise ordered a soldier will be retained on the strength of their own corps
for any required period of probation (see para 9.202). However, should such a period of
probation include a Long Course, as defined in Courses of Instruction (AC 9548), they may
be struck off the assigned strength of their unit with effect from the first day of attachment to
the receiving corps.

c. Transfer will normally be authorized from the date following completion of such
probation or the date on which the vacancy occurs in the corps to which the soldier is being
transferred, whichever is the later.

Voluntary Transfer to Other Corps

9.209. Voluntary transfers between corps are divided into the following categories:

a. Transfers at the initiative of the military authorities. These are further subdivided into:

(1) Transfer to technical corps, or

(2) Transfer to corps which depend to some extent on transfer to maintain their
strength or which are not open to direct enlistment, or

(3) Transfer in the interest of the Service with the consent of the soldier concerned
resulting from a recommendation for transfer.

b. Transfer on personal grounds.

9.210. The administrative procedure for the transfer of a soldier between corps is laid down in
AGAI 48, and the competent Service authority to authorize such transfer is the APC.

9.211. Where the applicant has former service on a previous engagement the documents
relating to that service are to be forwarded together with the current service documents to the APC.

9.212. An application for transfer will not normally be considered until the soldier has
completed Phase 2 Military Training unless the soldier is found to be below the medical entry
standard of their present corps or unsuitable for further training in that corps.

9.213. Applications for transfer will not normally be accepted after a soldier, or the unit in
which the soldier is serving, has received orders to proceed overseas from the United Kingdom or
from one overseas command to another. Nevertheless, a CO may accept such an application if:

a. Satisfied that it has not been submitted with the intention of avoiding overseas service
or service in a different command overseas, and

b. Delay in acceptance would result, if the application is approved, in the return of the
soldier to attend a course or a period of probation to the United Kingdom or overseas
command in which they are already serving.

Applications refused under this paragraph may be resubmitted when the soldier is in their new
command provided that acceptance of the application will not necessitate the immediate return of
the soldier to the United Kingdom or other command from which they have come.

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9.214. An application from a soldier for voluntary transfer is not to be withheld by the CO
except where authorized in paras 9.212 – 9.213. In making a recommendation the CO is to satisfy
themselves that the applicant possesses the qualifications which they claim and that their
PULHHEEMS assessment permits their employment in the corps of their choice. A
recommendation must give reasonable cause; a statement that the transfer is in the interest of the
Service is not sufficient.

9.215. The APC is to refer the soldier's application for a decision to the Deputy Military
Secretary (DMS) in any of the following cases:

a. If they are unwilling to release the soldier but the corps into which the soldier wishes to
transfer is willing to accept the soldier.

b. When the application is recommended as a special case by all concerned but the
transfer is not permissible under the current rules.

c. When the transfer would result in the movement of a soldier from one overseas
command to another or between the United Kingdom and an overseas command, and this
movement is not specifically covered under the current rules.

9.216. To be eligible for voluntary transfer to another corps a soldier is required at the time of
the transfer to have a period of unexpired Colour service of not less than one year or as laid down
for different corps in AGAI 48. A soldier who is not committed to serve for the minimum period
required may prolong their service in the normal way as shown in the following paragraphs.

9.217. For soldiers serving on the Open Engagement prolongation of service for this reason is
a prescribed benefit and in order to commit themselves for the minimum period the soldier is to
take the following action:

a. The soldier is to complete AFB 6848, undertaking not to leave the Colours before the
expiration of the required minimum period. The first point at which they will have the right to
give notice will be 12 months (see para 9.073b) before the end of the minimum period. If the
transfer is not approved and if they wish they may terminate their Colour service at the end of
the original period or, if they have passed that date, as soon as it is administratively possible.

9.218. If AFB 6848 is completed to achieve the minimum period of residual service it may be
held in abeyance until the application has been approved, and should it not be successful the
AFB 6848 may be cancelled.

9.219. A soldier serving on any other regular engagement of less than 22 years may prolong
their service by changing to the Versatile Engagement, if eligible to do so, and taking action as in
para 9.217. Alternatively, they may apply to extend their service in accordance with current rules.
Should they have extended their service in order to achieve the necessary minimum period of
residual service and should their transfer not be accepted their extension of Colour service may be
cancelled if they so wish.

9.220. The basic qualifications required for transfer are specified in AGAI 48. Details of any
special qualifications may be obtained from the APC.

9.221. Soldiers may apply for transfer on personal grounds such as family association with a
particular corps or regiment, or previous service therein. If the applicant is eligible to apply for
transfer under para 9.220 their application should be submitted on that basis and the personal
grounds added as an additional reason for transfer.

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Voluntary Transfer on Account of Kinship

9.222. The voluntary transfer of a soldier to serve with a sibling may be permitted provided it is
not contrary to the interest of the Service or the interests of either of the soldiers concerned.
Nevertheless, since there is always likelihood that the siblings may be separated again through
exigencies of the Service, transfers of this nature should not be encouraged.

9.223. Applications for transfer may be made by either an older or a younger sibling.

9.224. Approval for transfer is not to be given if it would result in the sibling concerned moving
to a corps where their technical or other qualifications would be wasted. Similarly, transfer is not to
be granted if the soldier concerned is not up to the medical standard required for the corps in which
the sibling is serving or does not possess the necessary technical or other qualifications, and
shows no aptitude for them.

9.225. Applications will not be considered unless both siblings have a minimum period of 12
months' residual Colour service.

9.226. The transfer of a sibling from a unit which is about to proceed overseas, or is deployed
in an operational or peacekeeping role, will be regarded as contrary to the interest of the Service,
unless there are special circumstances which justify such transfer. Similarly, the immediate
assignment of a sibling to a unit which is about to proceed overseas, or to deploy in an operational
or peacekeeping role, is not to be permitted unless they has sufficient training, or is technically
qualified to take their place in the unit.

9.227. Subject to the provisions in paras 9.222 – 9.226, and provided also that it would not
result in the return to the United Kingdom of a soldier who has not completed their overseas tour, a
transfer which would result in the movement of siblings between countries in different commands
may be considered, but such transfer may be delayed up to six months if the delay would save
unnecessary movement.

9.228. Transfer of Fathers or Mothers and Sons or Daughters. Applications from a father
or mother and a son or daughter to serve together may be submitted under the same conditions as
those from siblings and the provisions of paras 9.222 – 9.227 will apply in all respects, the words
‘father' or ‘mother’ and ‘son' or ‘daughter’ being substituted for ‘brother' or ‘sister’ as appropriate.

Compulsory Transfer to Another Corps

9.229. When it is essential in the interests of the Service to transfer a number of soldiers from
one corps to another without their consent, the DM(A) will issue special instructions to the relevant
Career Management Branch APC concerned. Compulsory transfer of an individual soldier
between corps will not be recommended without prior reference, with full details, to the DM(A). For
the purpose of movement, compulsory transfer will be regarded as being at the initiative of the
military authorities.

Transfer on Medical Grounds

9.230. A transfer on medical grounds will be regarded as being at the initiative of the military
authorities. The procedure for transfer in these cases is given in AGAI 48.

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Transfer of Soldiers with or without their Consent who are Unsuitable or

Redundant in their Present Employment
9.231. Subject to The Army Terms of Service Regulations 2009, when a soldier is unsuited to
their employment or redundant in their corps, they may either be:

a. Assigned within their own corps or to extra regimental employment, or

b. Transferred to another corps (including re-transfer to a corps in which they have

previously served) in order to give them suitable alternative employment.

9.232. The various reasons which may make it necessary to change a soldier's employment
are:

a. Redundancy resulting from a reduction in establishment.

b. When their Army employment becomes obsolete.

c. A recommendation from a psychiatrist.

d. A lowering of the soldier's medical standard during Basic Military Training, resulting in a
PULHHEEMS assessment below the entrance standard of their corps.

e. A lowering of a soldier's medical standard at any time after the completion of Basic
Military Training, resulting in a PULHHEEMS assessment below that which is acceptable for
retention in their employment.

f. Failure to maintain employment qualifications.

g. In the interest of discipline.

h. In the interest of the Service for any reason not covered by sub-paras a to g above.

9.233. The rules governing the change of employment of a soldier are:

a. Whenever possible they must be given suitable alternative employment within their
own unit. A CO may at any time re-employ them, PULHHEEMS assessment, medical
standards and other factors permitting.

b. If sub-para a above is not feasible, wherever possible they must be employed in

another unit of the same corps and the APC is to assign them for such duties as they may be
qualified to perform.

c. If a soldier cannot be employed as in sub-paras a or b, but is suitable for employment

in some other corps, they may be transferred with their consent to that corps.

d. If a soldier is unemployable in their own or any other corps, or if their services in the
Army are no longer required, action is to be taken in accordance with para 9.414.

e. Transfers in the interest of discipline are not to be initiated as an alternative to

disciplinary action.

f. A recommendation for a soldier's change of employment is not to be initiated when

disciplinary action is outstanding against them or when they are awaiting a decision on a
compassionate or other appeal or when they are undergoing medical treatment or is awaiting
a specialist's report which is likely to alter their PULHHEEMS assessment.
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g. A soldier is not to be recommended for assignment or transfer if they are holding a rank
higher in their present corps than their capabilities warrant. In such case the CO is to take
action under paras 9.177 – 9.179 to reduce them to the rank which they are fitted to hold.
When they have been reduced in rank the need for assignment or transfer may disappear.
Should a recommendation for assignment or transfer follow a reduction in rank, the soldier's
substantive rank is to be taken as the rank to which they have been reduced.

h. A warrant officer or NCO of the AGC(Pro), AGC(SPS), AGC(MPS), RAVC, SASC, INT
CORPS, APTC or RLC (Chef CEG), who is within six months of release or termination from
the Colours, is not to be transferred except when unemployable in their corps.

9.234. If a warrant officer or NCO cannot be employed under para 9.233a - b, and a transfer
to another corps is recommended, the following rules are to apply:

a. Except when they are to be re-transferred to a corps in which they have served
previously or holds a rank applicable only to a special employment, they are not normally to
be transferred to a corps in which it is impossible to employ them in their substantive rank
unless they are willing to revert to a lower rank in which there is a vacancy.

b. If transfer is recommended in their substantive rank but no vacancy exists within the
endorsed liability of their new corps they may be held supernumerary until a vacancy is
found.

c. After a warrant officer or NCO has been assigned on transfer for suitable re-
employment they will be given a probationary period of six months to prove that they are fit to
retain their substantive rank.

d. Seniority in any substantive rank will count from the date on which the soldier first
secured it.

e. Retention of acting rank held before transfer will be in accordance with paras 9.152 –
9.153.

9.235. The re-employment of soldiers within their own corps will be decided upon between the
CO and the APC. Where it is decided that a soldier cannot be re-employed in their own corps or at
extra regimental employment the CO is to consult the Personnel Selection Officer (PSO) for the
arm or service to ascertain for what employment in any other corps the soldier may be suitable.
The PSO is to recommend whether:

a. The soldier should be reallocated to other employment, or

b. They are suitable for voluntary transfer to another corps, if they so wish, or

c. Their service should be terminated.

9.236. When a soldier is recommended by the PSO for transfer to another corps, the following
procedure will be adopted:

a. The CO is to inform the soldier that transfer to another corps has been recommended
and is to tell them the reasons for the recommendation. The soldier is to be asked whether
they consent to such a transfer or wishes to transfer to a corps other than that recommended
by the PSO. If the soldier consents to be transferred they are to complete AFB 241 and the
subsequent procedure will be as laid down in para 9.233, the recommendation of the PSO
being attached to the AFB 241 if not already recorded thereon.

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b. If a warrant officer or NCO has not been reduced in substantive rank before the
submission to the PSO and reduction is recommended on transfer the CO is to so inform the
soldier at the same time as they ask them whether they consent to transfer. If the soldier
consents to transfer the question of rank will be dealt with under para 9.201. If they do not
consent to transfer, they are to be terminated.

c. If a soldier has completed less than eight weeks service and does not consent to be
transferred or cannot be accepted in any corps of their choice, their CO officer will forward
AFB 130 recommending termination under para 9.383 to the brigade commander for
authorization of termination. If the soldier has completed more than eight weeks but less
than nine months service, the soldier's termination is to be authorized by the CO under the
same paragraph.

d. If a soldier has been assigned away from a training unit on completion of training or
has completed more than nine months service and is unwilling to transfer or cannot be
accepted in any corps of their choice, the case is to be forwarded by the APC with their and
the PSO's recommendations as to future employment, to DM(A) for decision. (See, however,
para 9.229.) If the soldier has any objection to compulsory transfer, they should record it in
writing and the written objection should be forwarded with their case papers to DM(A).

e. When the PSO recommends that a soldier who has completed nine months service
should be terminated, the CO is to inform the soldier of the decision and is to give them an
opportunity to submit any objection before submitting the recommendation for termination to
the competent service authority for authorization.

f. If a soldier has already been transferred either voluntarily or compulsorily to another

corps and it is recommended that they be re-transferred to their original corps the same
procedure will be followed as for their transfer to the new corps. Should the soldier on the
original transfer have been given a rank to enable them to perform specific duties (eg as a
military policeman in the AGC(Pro)), retention of rank on re-transfer to a unit where the
soldier will not perform these duties cannot be justified and will not be permitted. In such
cases, therefore, the CO is to consider what would be a fair rank in which to re-transfer them
to the original corps. In making this assessment allowance should be given to the soldier's
general qualifications for any rank they currently hold but should discount any rank
dependent solely upon the soldier's skill in a trade or employment peculiar to the corps which
they are about to leave. Account should also be taken of the rank, if any, which the soldier
might have attained had they remained in their original corps. The CO is to request the APC
to make this assessment. The APC is to make the assessment based on the soldier's record
as shown in their documents and in the light of the ranks attained by their contemporaries in
the original corps. Having decided the rank that is justified, but without at this stage initiating
any action for reduction of the soldier to that rank, the CO is to proceed with the
recommendation for transfer.

Reallocation, Transfer and Termination of Younger Soldiers

9.237. Younger soldiers are defined as those under the age of 17½ years. Procedures
affecting all such soldiers are set out in this and the following paragraphs.

a. If a younger soldier fails to attain the required standard in the employment category for
which they enlisted, the CO is to inform them and the parents or guardians accordingly. Due
consideration is to be given to the wishes of the younger soldier for an alternative
employment category.

b. The CO is to tell the younger soldier that they are consulting the latter's parents or
guardians. If the younger soldier agrees to the proposed re-employment they are to sign a

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certificate to that effect. If they do not consent, the CO is to advise them to discuss the
question with their parents or guardians before making a final decision.

c. When writing to the parents or guardians the CO is to explain that it is in the interests of
the younger soldier to change their training and that this may necessitate their assignment to
another unit or transfer to another corps. The CO is to add that the alternative may be the
employment of the soldier on such duties as may be allocated within their corps or
termination.

d. The CO is to refer the case to the PSO for reallocation to a more suitable category.

e. On receipt of the PSO's recommendation, the CO is immediately to arrange the

transfer of the younger soldier and to inform the APC and the Defence Business Services
(DBS).

9.238. An apprentice who fails to make satisfactory progress in their original trade training is
to be dealt with as follows:

a. If under the age of 18 years, they are to be:

(1) Allocated to another trade, or

(2) Proceed as in paras 9.237d – e.

The parents or guardians are to be informed accordingly.

b. If over the age of 18:

(1) They are to be asked if they wish to serve their engagement as a tradesman in
another employment or as a non- tradesman in their corps. If they so wish, they are to
be reallocated for training in another employment or reallocated to non-technical status
and assigned to a recognized assignment on the establishment of an adult unit, or

(2) They can volunteer to serve as a non-tradesman in another corps in which case
action will be taken to effect their transfer in the interests of the Service (see para
9.209).

(3) If the apprentice does not wish to accept employment as detailed in para
9.238b(1) – (2) but is nevertheless not considered unsuitable as a soldier, they may be
assigned to the ranks in their corps to such employment as may be allocated.

If they are considered unsuitable for retention in the Service their CO is to initiate termination
action under para 9.411 or 9.414 as appropriate and inform the apprentice's parents in
writing accordingly.

c. If an apprentice's training is delayed due to the apprentice college being unable to

provide a course in their chosen employment they are to be given the option:

(1) Of remaining in their chosen employment and accepting the delay, or

(2) Of reallocation, assignment or transfer in accordance with sub-paras a and b with

their written consent, or

(3) If they is unwilling to consent to (1) or (2), of being terminated.

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d. When it has been agreed that an apprentice is unsuitable for training in their original
employment and that assignment or transfer to another unit or corps is necessary, the CO is
to:

(1) Obtain the written consent of the apprentice to the assignment or voluntary
transfer.

(2) Arrange with the receiving unit where necessary to accept the apprentice for a
period of probation of not more than 28 days.

(3) Obtain from the CO of the receiving unit within the period of probation a decision
whether to accept or reject the apprentice.

(4) Arrange the assignment or transfer with the APC (the trainee soldier may remain
at the receiving unit pending action).

9.239. A younger soldier will be considered for reallocation as an apprentice only if their age
will be under 17½ years on the date that they will be required to join an apprentice’s college. The
procedure will be in accordance with para 9.238d. If accepted as an apprentice, the younger
soldier will be required to prolong their service by completing AFB 6848 as necessary for the term
of service applicable to other apprentices. The parents are to be informed accordingly.

9.240 - 9.245. Reserved.

Transfers to Other Services

9.246. A regular soldier will not normally be permitted to transfer to the RN, RM or RAF but,
subject to the overriding manning situation at the time, they may apply to join one of these Services
either in the ranks or as an officer. Each case will be considered on its merits, particularly if the
applicant has strong family associations with that Service.

9.247. Applications to serve in the ranks will be submitted through the APC to the Deputy
Military Secretary (DMS) on AFB 241 suitably amended. In no circumstances will an application,
either from an individual or from a CO, be referred direct to the Navy or Air Force Departments or
to Headquarters Royal Marines. If approved it will be effected by the soldier being entered or
enlisted into the other Service. Termination from the Army will then be authorized under
para 9.408 from the day immediately preceding such entry or enlistment.

9.248. Applications for appointment to a commission are to be submitted as in para 9.247

clearly annotated ‘CANDIDATE FOR COMMISSION’. Deputy Military Secretary (DMS), APC will
process the application as requested by the Service concerned. A soldier accepted for training as
an officer in the RN, RM or RAF will remain in Army service during such training. If appointed to a
commission, termination from the Army will then be authorized under para 9.407 from the day
immediately preceding date of commission. If not appointed to a commission, the soldier is to be
returned to their regiment or corps to continue their service on their current engagement.

9.249 - 9.259. Reserved.

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PART 5 - ASSIGNMENT OF SOLDIERS

General
9.260. Policy. The assignment of soldiers is based on the principle that a soldier must be
available for worldwide assignment at any time, this being one of the conditions of service the
soldier accepted on enlistment. If circumstances are such that a soldier cannot comply with this
condition they will normally be terminated or transferred to the Regular Reserve no matter how
good a soldier they may be in other respects.

9.261. Selective Assignment. If it proves necessary to place a selective assignment policy

on some appointments or areas the APC will be so informed by DM(A).

9.262. Overseas Service. The rules for tours of overseas service (by which is meant service
in any country of the world other than the United Kingdom, the Republic of Ireland, Belgium,
France, Germany, the Netherlands and Luxembourg) are laid down in AGAI 60. They are subject
to the exigencies of the Service and to operational necessity.

9.263. Home Assignments. A soldier will be eligible for reversion to the home establishment
after completing a normal overseas tour (as defined in AGAI 60). Following their return their
liability for overseas service in their regiment or corps is to be reassessed with a view to assigning
them for a normal tour of at least 18 months in the United Kingdom or NW Europe. During this tour
it may be necessary to send them on an emergency tour overseas; if this occurs the soldier should
normally spend at least 18 months in the United Kingdom or NW Europe before the next overseas
assignment on a normal tour and at least six months, but preferably one year, before the next
overseas assignment on an emergency tour. When an overseas tour has not been completed the
subsequent assignment of a soldier is to be decided on its merits having regard to their reassessed
position.

9.264. Special Privileges. A soldier may apply to spend the last six months of their Colour
service in the United Kingdom provided they are serving on an engagement on the completion of
which they will have accrued 22 or more years Colour service. This is subject to the soldier being
terminated at the end of their engagement or having given notice in the prescribed manner. This
concession is not applicable to soldiers leaving the Colours under the provisions of paras 9.399 –
9.401. Soldiers permitted to return to the United Kingdom under this paragraph will not normally
then be permitted to prolong, extend or continue in the Service under the provisions of para 9.086.
See AGAI 60.

9.265. Temporary retention in the United Kingdom. A soldier whose presence at home in
United Kingdom is essential for a period longer than that which may be covered satisfactorily by
compassionate leave may apply for temporary retention in the United Kingdom. Details of this
privilege are contained in AGAI 48.

Special Provisions Applicable to Married and Civil Partnership Service

Personnel
9.266. Reserved.

9.267.

a. Officers and Soldiers of the Regular Army and Army Reserve who are married to each
other or are in a civil partnership will, as a general rule, be permitted to serve in the same
unit or barracks. However, each case will be considered by the CoC and treated on its
merits. Individuals who are married to each other or in a civil partnership will not be

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permitted to serve together where one party is required to report upon the other or may be
required to take disciplinary or administrative action against the other.

b. The assignment of a husband, wife or civil partner to the same unit does not confer on
either of them the right to any particular security of tenure within that unit nor to any
subsequent assignment to a unit together. In addition, co-ordinated hours of duty cannot be
guaranteed.

9.268 - 9.269. Reserved.

Permanent Staff of the Army Reserve

9.270. Subject to particular instructions issued by individual corps, the normal conditions of
service apply to soldiers selected for duty on the permanent staff of the Army Reserve.

9.271. Soldiers selected by the APC for duty on the permanent staff of the Army Reserve are
to be trained and creditable soldiers. They should, if possible, have sufficient residual service to
allow them to complete a normal tour, but in any event they must have not less than 12 months still
to serve.

9.272. Tours are normally to be for two or three years but may be extended in exceptional
circumstances by the APC.

9.273. NCOs selected for appointment as sergeant instructors with the University Officers
Training Corps (Army Reserve) should be qualified for promotion to the next higher rank.

9.274. In addition to the regular soldier appointments in the Army Reserve there are a certain
number of assignments which are to be filled by ex- regular soldiers. Details of the terms and
conditions of service of these assignments are given in the Army Reserve Regulations 1978 (AC
14955).

Assignment of an MLSE Soldier

9.275. An MLSE soldier may be assigned anywhere within their “area of service” which is
defined as a circle radius of 30 miles centred on the main entrance of the barracks/establishment
at which they were enlisted for service. They may subsequently apply in writing through their CO
to the APC to alter their area of service. Such an application must state the area of the United
Kingdom to which service is to be restricted if the application is approved. An MLSE soldier may
be required to serve outside their area of service in the United Kingdom for no more than 30 days
in any calendar year or part of a year in which their term of service has effect.

9.276 - 9.289. Reserved.

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PART 6 - TERMINATION OF SERVICE

Section 1 - General Instructions

9.290.

a. The stages in the procedure for a regular soldier's transfer to the Regular Reserve or
their termination from the Colours are:

(1) Authorization, ie the giving of authority for the transfer to the Regular Reserve or
termination to be carried out.

(2) Execution, ie the fixing of the date and effecting of the transfer to the Regular
Reserve or termination.

b. JSP 830 Manual of Service Law Annex A lists all Competent Service Authorities
including Army at paragraph 2.

c. For the purpose of authorizing transfer to the Regular Reserve or termination, the
expressions district/divisional commander, brigade commander and commanding officer will
have the same meaning as in the Armed Forces Act 2006 Sections 360 and 361.

d. Termination from the Regular Reserve is to be as laid down by The Reserve Land
Forces Regulations, (AC 72030).

e. Individuals are responsible for ensuring that they are fully aware of the financial
implications of termination prior to completion of engagement.

Termination of Recruits as a Statutory Right

9.291. All recruits enlisting into the Regular Army for the first time have the right to claim their
termination according to the terms of their engagement. This is called Discharge as of Right
(DAOR).

9.292. A recruit shall have the right to determine their service by giving not less than 14 days’
notice in writing to their CO subject to the following conditions:

a. Right of those under 18 years to determine service: A person who enlists in the regular
army will have the right to determine service if before their 18th birthday, they give notice in
writing to their CO of their desire to determine their service;

b. If aged under 18 years at attestation. At any time after the end of 28 days and before
the end of six months reckoned from the date on which the soldier first reported for full time
paid duty following attestation. The soldier does not have to pay anything to exercise this
right, but 14 days’ notice is required which MUST be given within the six months period. The
period of notice may be reduced at the discretion of the CO.

c. If aged 18 years or over at attestation. At any time after the end of 28 days and before
the end of three months reckoned from the date on which the soldier first reported for full time
paid duty following attestation. The soldier does not have to pay anything to exercise this
right, but 14 days’ notice is required which MUST be given within the three months period.
The period of notice may be reduced at the discretion of the CO.

d. A recruit attending a Pre-Conditioning Course (PCC) shall have the right to determine
their service at any point during the course by giving two days’ notice, and if over 18 years

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their DAOR commences at the start of their Phase 1 training under the terms of sub para c
above.

9.293 - 9.296. Reserved.

9.297. A recruit who enlists when under the age of 18 years but who does not join for duty
until they have passed that age is to be accorded the right referred to in para 9.292b.

9.298. Any person re-enlisting after having been terminated under para 9.380, not finally
approved for service, or under para 9.414, released from Army service, having attended the
Regular Commissions Board, shall on re-enlistment be deemed to be a recruit for the purposes of
para 9.292.

9.299. All recruits claiming their termination as a statutory right are to be terminated under the
provisions of para 9.391 and they have no liability for recall under the provisions of the Regulations
and The Reserve Land Forces Regulations 2016, Part 2 (AC 72030).

9.300. If any such claim as described in paras 9.291 – 9.292 is made at a time when an order
has been made under Section 8 of The Armed Forces (Discharge and Transfer to the Reserve
forces)(No 2) Regulations 2009 that soldiers are to continue in Army service, termination is not to
be authorized so long as that order is effective.

Termination as a Statutory Right

9.301. A warrant officer reduced in rank by sentence of the Court Martial may, subject to The
Armed Forces (Discharge and Transfer to the Reserve forces)(No 2) Regulations 2009, claim their
termination, in accordance with para 9.392.

Termination of Service by Statutory Right

9.302. After the expiration of the period during which a soldier has the statutory right to claim
termination, a soldier does not have the right to be transferred to the Regular Reserve or be
terminated before the completion of the period of Colour service for which they are committed,
except that a soldier serving on a 22-year engagement may terminate their Colour service by
giving notice as prescribed. The notice to be given and the action to be taken will vary according
to the type of engagement on which the soldier is serving, as described in the following
paragraphs.

9.303. A soldier serving on the Open or Versatile Engagements who wishes to terminate their
Colour service before the completion of 22 years may, at any time after 12 months (*see para
9.073) preceding the date to which they are committed to serve, under the provisions of para
9.073, 9.074 or 9.086 give 12* months’ notice (*see para 9.073), using the JPA process, to their
CO of their intention to do so. The application may be antedated or post-dated by up to 14 days, to
allow for operations, exercises or leave, at the discretion of the CO provided the subsequent date
of termination is not before that required for the minimum period of service.

9.304. Subject to any manning restrictions in force at the time, the recommendation of the CO
and the approval of the APC, a soldier may withdraw their notice to terminate their Colour service
before the notice period is due to end.

9.305. Except when specially recommended in the interests of the Service, withdrawal will not
be approved if, as result of the soldier having given notice to terminate their Colour service, they
are sent home from abroad for transfer to the Regular Reserve or termination or has been retained
at a home station or sent home for having insufficient unexpired Colour service to proceed or
remain abroad.

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9.306. If a soldier withdraws their notice and their application has been approved by the APC
given in para 9.304, any subsequent notice period is to be the full 12* months (*See para 9.073b).

9.307. Subject to the soldier not having been granted continuance, under the terms of para
9.098 a soldier serving on the Open Engagement or Versatile Engagement is to be terminated on
completion of 22 years or 12/24 years, reckoned from the relevant date, without notice being given.

9.308 - 9.312. Reserved.

9.313. A soldier serving on any engagement of 12 years or less is to be terminated or

transferred to the Regular Reserve, as the case may be, on the date that their Colour service is
due to end, without any application.

9.314. A soldier permitted to continue in the Service for any of the reasons listed in para 9.099
may, unless they have waived their right, claim their termination at the expiration of six months’
notice given in writing to their CO under the provisions of The Army Terms of Service Regulations
2009. The notice period may be reduced at the discretion of the CO.

General Instructions Concerning Termination

9.315. Termination or transfer to the Regular Reserve of a soldier serving in the United
Kingdom is normally to be carried out by the time that their Colour service is due to end.

9.316. A soldier serving overseas when due to be transferred to the Regular Reserve or
terminated may, if they so request, be permitted by the GOC of the command in which they are
serving to remain overseas when so terminated or transferred. In such cases the following
procedure will be observed before permission is granted:

a. When the soldier wishes to remain overseas in the command in which they are serving,
the approval of the local civil authorities must be obtained.

b. If the soldier is married and their spouse/civil partner is resident in a country other than
that in which they are serving, they are to be interviewed and asked to certify that they have
made the necessary provision for their family. The certificate should be included with the
application for local termination which is to be submitted to command headquarters. If there
is reason to believe that the soldier may be intending to evade their marital/partnership
responsibilities the following action is to be initiated. The APSG Pers Svcs is to be notified of
the full particulars of the case including the name and address of their spouse/partner.
APSG Pers Svcs will then advise whether or not local termination is approved. Action to
effect local termination is to be withheld until this notification is received.

c. If the soldier wishes to reside in any other country where there are regular British
troops, the GOC under whom they are serving will communicate with the GOC of the
command in which the soldier wishes to reside, to ascertain whether the local civil authorities
have any objection and to ensure compliance with all local conditions as to residence.

d. In cases other than those referred to at a and c, the authority abroad carrying out the
transfer to the Regular Reserve or termination will, before doing so, ensure that the soldier
has ascertained that the immigration laws of the country to which they wish to proceed do not
preclude their immediate admission to that country.

9.317. When a soldier has been given permission to remain overseas on transfer to the
Regular Reserve, the CO will notify the relevant Career Management Branch APC of such
permission and will forward a declaration signed by the soldier that they understand that they will
be subject to the appropriate provisions of The Reserve Land Forces Regulations, Part 2 (AC
72030)..

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9.318. A soldier who is to be transferred to the Regular Reserve or terminated will be so

transferred or terminated in accordance with the instructions contained in para 9.290.

9.319. A soldier becoming entitled to transfer to the Regular Reserve or termination while
serving overseas who is not permitted to remain overseas, will be brought home within the limits of
the terms of their service, or if an order has been made under Section 52, 54 or 56 of the Reserve
Forces Act 1996, within the time specified in that order, and their transfer or termination will be
carried out thereafter with all convenient speed; but a soldier whose military conduct is assessed at
not less than Satisfactory and who, on arrival in the United Kingdom, has less than six months
unexpired Colour service to complete, may be permitted to delay their transfer to the Regular
Reserve, or termination, to a date not later than six months from the date of their disembarkation,
provided that they have no civil employment waiting or that they have not applied or been
recommended for a resettlement course.

9.320. A soldier brought home from overseas for the purpose of undergoing a resettlement
course and who is due for termination or transfer to the Regular Reserve before they can complete
the course, may be permitted to delay their termination or transfer to the Regular Reserve for the
period necessary to complete their resettlement course, for a maximum period of 28 days.

9.321. When a soldier is granted terminal leave before transfer to the Regular Reserve or
termination and is not required to return to their unit after such leave, then unit documentation is to
be completed before the soldier proceeds on such leave.

9.322. When a soldier who is due to terminate their service is detached from their unit for
whatever reason and it is not practicable to recall the soldier to their unit; their CO is responsible
for ensuring that unit documentation is completed before the date on which the soldier becomes
due for such transfer or termination.

9.323. An apprentice detached from their unit who is to be terminated is to be returned to their
unit for termination unless there is a medical reason which makes this undesirable. Where it is
intended to terminate an apprentice for medical reasons or when it is considered likely that such
action will have to be taken in the future, the officer commanding the hospital is to inform the CO of
the apprentice’s parent unit of the matter. Medical officers are not to discuss the question of
medical termination with an apprentice unless absolutely necessary. If this is so, the medical
officer is to report the fact to the unit commander, preferably by telephone, as soon after the
discussion as practicable.

9.324. When a soldier is a patient in hospital and is to be brought before a medical board for
the purpose of being invalided, the soldier’s CO is to forward the soldier's documents, completed
as far as possible, to the officer commanding the hospital before the medical board assembles.

9.325. In the case of a soldier whose joining for duty after enlistment was deferred by the
granting of a period of unpaid leave before joining, the soldier is to be given the opportunity of
deferring their termination (or transfer to the Regular Reserve) by a period equivalent to the period
of unpaid leave, if by such action the soldier can qualify for a pension or resettlement grant. Such
deferment, if desired, will be authorized by the CO and AFB 6848 completed accordingly.

9.326. The competent Service authorities to authorize transfer to the Regular Reserve (where
applicable) or termination are shown in paras 9.373 – 9.414. JSP 830 Manual of Service Law
Annex A lists all Competent Service Authorities including Army at paragraph 2.

9.327. The Director of Manning (Army) (DM(A)) is competent to authorize transfer to the
Regular Reserve or termination under any of the relevant paras 9.373 – 9.414 and may
exceptionally do so even if the terms applicable to any particular paragraph concerned have not
been fully complied with. DM(A) is also competent to authorize the cancellation or correction of a

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transfer to the Regular Reserve or termination under any of the relevant paras 9.373 – 9.414 and
to authorize the reinstatement into service of any soldier.

9.328. Except in the case of those paragraphs where special provision is made, the
competent authority to carry out transfer to the Regular Reserve or termination is the CO if the
soldier is on the strength of a unit or establishment, but where the soldier is not on the strength of a
unit or establishment the APC will be deemed to be their CO.

9.329. In those cases where terminal and/or invaliding leave is inadmissible and the soldier is
on the strength of a unit or establishment the CO, before fixing the date of transfer to the Regular
Reserve or termination, is to consult the relevant Career Management Branch APC regarding the
date to be fixed.

9.330. The date on which transfer to the Regular Reserve or termination is to be effected is to
be, in the case of:

a. Termination of Colour service - the day on which the soldier leaves the unit, or if
terminal and/or invaliding leave is admissible, the day on which such leave ends.

b. Premature termination under paras 9.396, 9.397, 9.403 and 9.404.

(1) When the soldier is to undergo a sentence of imprisonment in a civilian institution,

the date on which the soldier is committed to and accepted into the charge of the civil
custodial authorities. (See paras 9.332, 9.360 and 9.446.)

(2) When the soldier is not under a sentence of imprisonment or detention, the
effective date will be the date on which the termination is carried out by the CO in the
United Kingdom following authorization by the competent Service authority.

c. Premature termination under paragraphs other than those mentioned in sub-para b -

the day on which the soldier leaves the unit or, when proportionate privilege, terminal and/or
invaliding leave is admissible, the day on which such leave ends.

d. Transfer to the Regular Reserve - the day following that on which the soldier leaves the
unit, or if proportionate privilege and/or terminal leave is admissible, the day following that on
which such leave ends.

9.331. A soldier transferred to the Regular Reserve or terminated whilst undergoing a

sentence of imprisonment or detention in a civil prison, the Military Corrective Training Centre, or
other place of detention or youth custody is to complete the balance of their sentence in that
establishment after their transfer or termination has been carried out. Such termination from the
Army is to be carried out as soon as possible after it has been authorized and is to be effected
during the soldier's sentence, under arrangements to be made between the relevant Career
Management Branch APC and the governor or commandant of the establishment in which the
soldier is under sentence (see paras 9.332 and 9.404).

9.332. In the case of a soldier under sentence of detention in the Military Corrective Training
Centre whose termination from the Army has been authorized, the effective date is to be that on
which the soldier would be due for release on completion of sentence, allowance being made for
maximum remission. This date is to be notified as soon as possible by the commandant to the
relevant Career Management Branch APC (see para 9.331 regarding completion of sentence in
cases where loss of remission entails the soldier under sentence being required to complete a
longer sentence than that originally notified despite having been terminated from the Army).

9.333. The fact that a soldier is serving a sentence of imprisonment or detention in the United
Kingdom is not to be accepted as a reason for delaying their transfer to the Regular Reserve or

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termination on the due date in accordance with the terms of their engagement (para 9.331 is to
apply regarding completion of sentence and para 9.404 regarding soldiers sentenced whilst
serving abroad).

9.334. The grant of terminal leave and or resettlement is governed by the following
circumstances:

a. A soldier serving a sentence or is absent without leave who is unable to take terminal
leave and/or resettlement for which they would normally be eligible is to forfeit such leave
and resettlement.

b. A soldier terminated from the Army on medical grounds whilst serving a sentence is not
eligible for terminal or invaliding leave and resettlement.

c. A soldier serving a sentence of imprisonment in a civilian prison or detention in the

Military Corrective Training Centre who is terminated from the Army on account of admission
to a hospital for mental health issues during the period of their sentence is not to be granted
invaliding or terminal leave or resettlement.

9.335. A soldier unfit to travel to their home in consequence of illness when transferred to the
Regular Reserve or terminated may receive treatment in hospital in accordance with the provisions
of the PULHHEEMS Administrative Pamphlet (AC 13371).

9.336. When a soldier is retained in a hospital or prison after their transfer to the Regular
Reserve or termination is completed, the address of the hospital or prison in which they are so
retained is to be notified to the relevant Career Management Branch APC.

9.337. Transfer to the Regular Reserve or termination is not to be delayed because

documents are missing or incomplete.

9.338. If a soldier has a claim against the public and wishes it settled before their transfer to
the Regular Reserve or termination is carried out, every endeavour is to be made to settle it. Their
transfer to the Regular Reserve or termination is not, however, to be delayed beyond the date on
which it is due if settlement is not possible by that date. Full details of the claim are to be recorded
in order that settlement may be effected by the relevant Career Management Branch APC after the
transfer to the Reserve or termination has been effected.

9.339. Special action is to be taken in accordance with para 9.340 when a soldier of one of
the following categories is to be terminated:

a. Soldiers enlisted from community homes and still under the age of 19 years.

b. Soldiers under the age of 18 years.

c. All apprentices while still undergoing training as such after attaining the age of 18
years.

d. Soldiers under the age of 18 years who have made a false statement as to age, ie
given their age on enlistment as being over 18 years.

9.340. Should a soldier be within the category given in para 9.339a, a report in accordance
with para 1 of Annex D to this Chapter is to be rendered as early as possible by the CO of the unit
concerned to the manager of the community home from which the soldier enlisted. If the cause of
termination is under paras 9.396, 9.397, 9.403, 9.404 or 9.405, the report is, in addition, to be sent
to the Department of Education, Piccadilly Gate, Store Street, Manchester M1 2WD. The soldier's
termination is not to be carried out until the addressees have been given the opportunity of

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notifying their wishes regarding the destination of the soldier. The carrying out of the termination
must not, however, be delayed for more than seven days from the date of despatch of the report to
the authority or authorities concerned. Should a soldier come within a category given in para
9.339b, c or d, the parent or legal guardians as verified by the CO of the unit with the APC is to be
informed by letter (see para 2 of Annex D to this Chapter) of the circumstances and is to be
requested to give instructions, as quickly as possible, regarding the destination of the soldier. The
soldier is not to be despatched from the unit until such instructions are received. Every effort is to
be made to obtain the necessary instructions as quickly as possible. The period of seven days
may, if required, be extended on DM(A) authority if it is necessary to refer the case to the parents
or guardians abroad or where there are other special circumstances.

9.341. If a soldier has claimed termination as a statutory right in accordance with paras 9.292
– 9.294, termination is to be arranged as expeditiously as practicable. Should it be necessary to
retain the soldier for any reason beyond their due date, they should not be retained without the
authority of DM(A).

9.342. Before a soldier proceeds on terminal leave they are to be medically examined, except
when their service is to be terminated on medical grounds. If no change in medical assessment is
indicated, F Med 1 and F Med 2 will be completed and disposed of in accordance with current
instructions. Where reassessment is indicated, medical board action is to be taken in accordance
with current instructions before the completion of F Med 1 and F Med 2.

9.343. Where service is to be terminated on medical grounds under para 9.385 a medical
board is to be held and F Med 19, F Med 23 and AFB 204 are to be completed and disposed of in
accordance with current instructions.

9.344. Where service is to be terminated on medical grounds under paras 9.386 and 9.387, a
full medical board is to be held and F Med 19 and F Med 23 are to be completed and disposed of
in accordance with current instructions.

9.345. Before a serving soldier is enrolled into Section D or transferred to Section A of the
Regular Reserve their medical assessment as recorded on F Med 1 is to be verified as being
within the current medical standards for the appropriate section.

9.346. If a soldier is below the required medical standard for transfer and retention in the
Regular Reserve, they are to be terminated in accordance with Regulations and The Reserve Land
Forces Regulations, Part 2 (AC 72030) on the same day.

9.347. If the soldier has a medical assessment below that required for transfer to and retention
in the Regular Reserve, but is likely to be within the higher medical assessment within six months
(as denoted by the letter ‘R' in the medical assessment), they are to be designated to Section A of
the Army Reserve. The APC is to arrange for a medical examination at the end of the six months.
If the soldier is not then within the retention standard for the Regular Reserve they are to be
terminated under The Reserve Land Forces Regulations, Part 2 (AC 72030).

9.348. The Service Personnel Veterans’ Agency (SPVA) – War Pensions - will decide whether
a soldier who claims to be, or is found to be, suffering from a disability incurred during service after
2 September 1939 shall receive a disability award. SPVA (War Pensions) will make the decision
when the disability was incurred during service before 3 September 1939

9.349. The medical documents of a soldier terminated from the Service for medical reasons
(see paras 9.381d, 9.382f, 9.385, 9.386 and 9.397) are in all cases to be forwarded to the
Defence Business Services (DBS) to enable consideration to be given to any entitlement to a
disability award.

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9.350. If a soldier on transfer to the Regular Reserve, or on termination, claims to be or is

found to be suffering from a disability incurred during their service, their medical documents are to
be forwarded to the DBS for consideration.

9.351. The medical documents of a regular reservist who claims a pension in respect of
disablement on termination from the Regular Reserve are to be forwarded to DBS, who will forward
the documents, with their decision as to pension, to the APC.

9.352. When a soldier's transfer to the Regular Reserve or termination is carried out their
uniform is to be disposed of in accordance with the Defence Supply Chain Manual (JSP 336),
Volume 12, Part 3, Pamphlet 2.

9.353. Terminal leave pending transfer to the Regular Reserve or termination may be granted
under the provisions of the JSP 760 Tri-Service Regulations for Leave and Other Types of
Absences.

9.354. Before a soldier leaves their unit, arrangements are to be made for the issue of pay
and allowances in the manner prescribed in the JSP 754 Tri- Service Regulations for Pay and
Allowances. A soldier is to be informed that any balance due to them will be paid to them by DBS.

9.355. When a soldier leaves the Colours on transfer to the Regular Reserve or termination
they are to be given the documents listed in the Unit Administration Manual (UAM) Chapter 5. In
the case of transfer to the Regular Reserve, the soldier is required to sign a certificate
acknowledging their reserve liability. A soldier cannot be discharged or transferred to the reserve
when they are AWOL. A soldier who returns from AWOL after their due date of termination should
be discharged as soon as is practicable after the necessary administrative actions have been
carried out.

9.356. When a soldier is transferring to or enlisting in the Regular Reserve, they are to be
informed that they are to read the section of the Service Leavers Guide regarding “Your Reserve
Liability, Responsibilities and Opportunities”.

9.357. A testimonial (AFB 108X) is to be initiated by the unit and completed in accordance
with the detailed instructions given in Section 6 of this Part. A copy of the soldier’s AFB 108X is to
be forwarded to reach the relevant Career Management Branch APC.

9.358. The soldier is to be issued with the original AFB 108X not less than seven days before
they leave the unit (see paras 9.438 and 9.447 regarding issue of a temporary certificate
(AFB 108C) by the unit before the soldier's departure).

9.359. When a soldier is transferred to the Regular Reserve or terminated while they are a
patient in hospital and is retained in hospital after transfer or termination, the certificate is to be
forwarded to the hospital to be handed to the soldier.

9.360. When a soldier is transferred to the Regular Reserve or terminated while undergoing a
sentence of imprisonment or detention, the certificate is to be forwarded to the governor of the
prison, or commandant of the corrective establishment, to be handed to the soldier on their release
from imprisonment or detention (see para 9.446).

Effective Date of the Transfer to the Regular Reserve, or Termination

9.361. Immediately before a soldier leaves their unit on transfer to the Regular Reserve or
termination, they are to be interviewed by the CO or an officer authorized by the CO and informed
of the date with effect from which they are being transferred to the Regular Reserve or terminated.
They are also to be presented with their AFB 108X and AFB 108C. Where the interview has to
take place early, the AFB 108X and AFB 108C should be withdrawn after presentation and then

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finally given to the soldier as late on the day of departure from the unit as possible. If at any stage
after the soldier has received their AFB 108X and AFB 108C it is found that their
termination/transfer to the Regular Reserve is not to be finally authorized then the AFB 108X and
AFB 108C is to be withdrawn.

9.362 - 9.370. Reserved.

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Section 2 - Transfer to the Regular Reserve - Administrative Instructions

General Instructions on Procedure

9.371. The circumstances in which a soldier may be transferred to the Regular Reserve, and
special instructions regarding the procedure to be followed, are given in the following paragraphs.
The words in italics at the head of each paragraph are to be used for recording the cause of
transfer to the Regular Reserve. For the procedure when a soldier serving overseas requests
permission to remain overseas on transfer to the Regular Reserve see para 9.316. A transfer to
the Regular Reserve is effective as soon as it has been carried out.

Reasons for Transfer to the Regular Reserve

9.372. Reserved.

9.373. By Right, having given the Appropriate Notice.

a. The competent Service authority responsible for carrying out the transfer is the CO.

b. The ‘appropriate notice' is given in the Army Terms of Service Regulations 2007 which
governs this authority.

c. This paragraph applies to a soldier enlisted on the Open Engagement or Versatile

Engagement who has the right to claim transfer to the Regular Reserve by giving 12 months’
notice to terminate their Colour service.

d. A soldier who is considered unsuitable for transfer to the Regular Reserve is to be

terminated under para 9.389c(5).

e. Notice is to be given on JPA workflow.

9.374. At the Soldier's Request on Payment.

a. The competent Service authority to approve the transfer is the CO.

b. The Army Terms of Service Regulations 2007 governs this authority.

c. This paragraph does not apply to the Open Engagement and Versatile Engagement.

d. This paragraph also applies to a soldier enlisted on a Type S Engagement.

e. The application is to be made on AFB 132A and the conditions and procedure are to
follow those laid down in paras 9.415 – 9.422.

f. If it is necessary to delay the transfer of the soldier to the Regular Reserve the CO is to
apply in accordance with para 9.418; each individual case is to be treated on its merits.

g. For purchase rates see the Promotions and Appointments Warrant 2009, Article 285.

h. Transfer to the Regular Reserve will be authorized on AFB 132. Unit Admins are to
action the termination through JPA Workflow.

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9.375. At the Soldier's Request, Free on Compassionate Grounds.

a. The competent Army authority to authorize the transfer is the GOC of a division or
district.

b. The Army Terms of Service Regulations 2007 governs this authority.

c. Application is to be made on AFB 132A and submitted as for para 9.374. The
conditions and procedure laid down in paras 9.423 – 9.424 are to apply. The application is
to be submitted via the CoC.

d. Transfer to the Regular Reserve under this paragraph if approved is to be as for

para 9.374 and is not to be delayed by the application of the provisions of para 9.418.

e. This paragraph is also applicable to a soldier enlisted on the Versatile Engagement.

f. Transfer to the Regular Reserve will be authorized on AFB 132. Unit Admins are to
action the termination through JPA Workflow.

9.376. At the Soldier's Request.

a. The competent Army authority to authorize the transfer is the DM(A).

b. The Army Terms of Service Regulations 2007 governs this authority.

c. This paragraph applies to a soldier who requests premature transfer to the Regular
Reserve for reasons other than under paras 9.374 – 9.375.

d. Application is to be made in the form of a personal application by the soldier and such
application will be approved only in the most exceptional circumstances. Unit Admins are to
action the termination through JPA Workflow

9.377. At the Soldier's Request. Transfer to the Regular Reserve after completion of 16 or
more years’ service on a current engagement.

a. The competent Service authority to authorize transfer was the CO.

b. The use of this paragraph is currently suspended.

9.378. Reserved.

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Section 3 - Termination from the Colours Administrative Instructions

General Instructions on Procedure

9.379. Instructions on the procedure to be adopted for the termination of soldiers are given in
paras 9.380 – 9.414, which also set out in accordance with the provisions of Armed Forces Act
2006 Statutory Instruments, the competent Service authority for each paragraph, which includes all
officers superior in command to them. It is to be noted that in any case:

a. The words in italics at the head of each paragraph are to be used for recording the
cause of termination. These may not be varied except as provided for in paras 9.384 and
9.414c(1).

b. The termination of a soldier of the Regular Army is not to be carried out except in
accordance with the provisions of paras 9.380 – 9.414.

c. Termination is to be effected as soon as possible after it has been authorized. Unit

Admins are to action the termination through JPA Workflow

d. The procedure to be followed when a soldier overseas seeks permission to remain

overseas on termination is given in para 9.316.

e. When the reasons for termination stated on AFB 130/130A are amplified by a separate
report, then a copy of that report is to be permanently attached.

f. Rules for the termination of soldiers on Potential Officer Candidates serving on a

Type S Engagements are given at Annex I to this Chapter.

g. Administrative and disciplinary terminations are to take precedence over medical

terminations.

h. The discharge of soldiers serving on Army Reserve engagements is governed by The

Reserve Land Forces Regulations 2016 (AC 72030)

Cause of Termination - Not Finally Approved for Service.

9.380. The competent Service authority to authorize termination is a Recruiting Officer.

Cause of Termination - Defect in Enlistment Procedure, or False Answer on

the Attestation Paper
9.381. Defect in Enlistment Procedure.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier in respect of whom the current regulations for
enlistment have been improperly or incorrectly complied with.

d. A soldier who after enlistment or attestation is found to have been medically unfit for
acceptance on account of a condition that was overlooked, inappropriately assessed or not
declared by the soldier as part of their former medical history at the time of their initial
examination is to be terminated under this paragraph, following AFB 204 procedure laid
down in the PULHHEEMS Administrative Pamphlet (AC 13371).

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e. Termination is to be authorized on AFB 130.

9.382. Having made a False Answer to a Question on the Attestation Paper.

a. The competent Service authority to authorize termination is the CO.

b. The Armed Forces (Enlistment) Regulations 2009 Statutory Instruments govern this
authority.

c. This paragraph applies to a soldier who has been:

(1) Convicted by a civil court of an offence under Section 328 f of the Armed Forces
Act 2006, or

(2) Convicted by a Court Martial for an offence under Section 328 f of the Armed
Forces Act 2006.

d. This paragraph also applies to:

(1) A soldier below the age of 18 who enlists without the consent of their parents or
guardians. The soldier is to be terminated as soon as practicable after their true age
has become apparent either from their birth certificate or as a result of a claim by the
parents or guardians, or as a result of a confession by the soldier themselves or in any
other way. At the time that the claim is made the soldier must still be below the
appropriate minimum age. Details of the special action to be taken in respect of a
soldier terminated for the reasons stated in this subparagraph are given in paras 9.339
– 9.340.

(2) A soldier who, being an indentured apprentice, is claimed by their master and
must therefore be terminated.

e. A soldier, other than one who is claimed by reasons of age or apprenticeship, may be
retained in Army service if the CO considers there are adequate grounds to justify this.

f. A soldier who fails to disclose a previous termination on medical grounds is to be

examined by a medical board before being terminated under this paragraph.

g. Termination is to be authorized on AFB 130.

Cause of Termination - Found Unsuitable for Further Army Service at a

Training Unit or Establishment
9.383. Unsuitable for Army Service.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. Application for termination is to be made, and termination is to be authorized, on

AFB 130.

d. This paragraph applies to an unsuitable recruit, for example a soldier who during their
first nine months of service and while still undergoing Phase 1 and Phase 2 recruit training in
a training unit, is considered to be:

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(1) Unlikely to become an efficient soldier, eg unable to complete training to an

acceptable standard.

(2) A misfit, somebody who does not fit comfortably into a situation or environment,
eg cannot adapt to aspects of military life such as communal living.

(3) An undesirable influence.

(4) Likely to bring discredit on the Service.

(5) Unsatisfactory due to their conduct.

e. A soldier who has been assigned from a training unit on completion of training is not to
be terminated under this paragraph.

f. A soldier who is still serving in a training unit after they have completed nine months
service is not to be terminated under this paragraph. Full details of the case, with the
recommendation of the SPSO where necessary, may be forwarded to the DM(A) for
consideration of termination under para 9.414.

g. This paragraph is not to be used for medical unfitness cases and does not apply to
apprentices under the age of 17½ years to whom para 9.411 applies.

Cause of Termination - Considered Unsuitable for Further Army Service, on

Medical Grounds
9.384. Documentation. In cases falling under this heading, which covers paras 9.385 –
9.387 inclusive, the cause of termination recorded on documents is to be amplified to show
whether the soldier is either medically unfit under existing standards (see para 9.385), or
temporarily or permanently medically unfit for Army service (see para 9.386 or 9.387, as
appropriate). The cause of termination recorded on the Certificate of Service (AFB 108) issued to
the soldier is, however, always to be shown as ‘Ceasing to fulfil Army medical standards’ (see
para 9.439) except in the case of recruits not accepted for service for medical reasons, when the
cause is to be recorded as ‘Below medical entry standards for the Army’.

9.385. Ceasing to Fulfil Army Medical Requirements, that is Medically Unfit under
Existing Standards.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre or in the case of a soldier who has not completed
Phase 1 training, the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier whose medical category falls below entry standards
for a recruit or employment standards for a trained soldier appropriate to their corps,
employment and length of service, but is nevertheless not so low as to render them unfit for
any form of Army service.

d. A soldier graded as in sub-para c above is not to be terminated if further employment

for which they are medically acceptable can be found for them in their corps. If this is not
possible and they are medically acceptable and recommended for transfer to another corps,
the case is to be referred by the CO of the unit in which they are serving to the APC.

e. If other employment in their own corps is not possible, and if transfer to another corps
is not authorized, the soldier is to be terminated under this paragraph. If a soldier is unwilling
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to accept other employment within their own corps, or to be transferred to another corps
which has expressed its preparedness to take them, then they are to be terminated under
para 9.414 and not under this paragraph.

f. The Restricted Employability in Current Unit (RECU) procedure is to be followed, using

the Appendix 22 application as laid down in the PULHHEEMS Administrative Pamphlet
(AC 13371). This is to be concluded prior to submission of the application for termination on
AFB 130. OH, APC to raise the termination through JPA Workflow.

9.386. Ceasing to Fulfil Army Medical Requirements, that is Temporarily Unfit for Any
Form of Army Service.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier who is medically unfit for any form of Army service
and is ineligible for retention under current regulations, but who may at a later date improve
and become fit for some form of service in time of emergency.

d. The competent Service authority is not to authorize termination unless the soldier has
appeared before a medical board, the proceedings of F Med 19 have been confirmed by
Occupation Health APC and the proceedings of an F Med 23 have been assured by
Occupation Health APC in accordance with PULHHEEMS Administrative Pamphlet
(AC 13371).

e. The officer commanding of the MDHU is the soldier's CO if the soldier is to be

terminated direct from hospital.

f. OH, APC to raise the termination through JPA Workflow.

9.387. Ceasing to Fulfil Army Medical Requirements, that is Permanently Medically Unfit
for Any Form of Army Service.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier who is medically unfit for any form of Army service
and is likely to remain so permanently.

d. The competent Service authority is not to authorize termination unless the soldier has
appeared before a medical board, the proceedings of F Med 19 have been confirmed by the
Occupation Health APC and the proceedings of an F Med 23 have been assured by
Occupation Health APC in accordance with PULHHEEMS Administrative Pamphlet (AC
13371).

e. OH, APC to raise the termination through JPA Workflow.

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Cause of Termination - Having Reached the Maximum Age Regarded as

Suitable in their Corps
9.388. Having Reached the Age Limit for Service.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier on reaching an age limit for service.

d. The termination will be carried out on the day preceding the anniversary of the soldier's
birthday.

e. A soldier who reaches the age limit laid down for their rank need not necessarily be
terminated if they are willing to continue in the Service and provided the relevant Manning
and Career Management Branch APC concerned can ensure future employment.

f. Termination is to be authorized on AFB 130. Unit Admins are to raise the termination
through JPA Workflow.

Cause of Termination - Entitled to Determine Service or Claim Termination

9.389. By Right having Given the Appropriate Notice.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to:

(1) A soldier who enlisted on or changed to the Open or Versatile Engagement, who
has given the appropriate notice on AFB 6848/JPA workflow and for whom, for any
reason, transfer to the Regular Reserve under para 9.373 appears inappropriate or
unsuitable, is to be terminated under this paragraph.

(2) A soldier serving on the MLSE who has the right to claim termination by giving
90 days notice providing that as at the date of termination they will have completed one
year of service reckoned from the date of attestation or two years of service if upon
enlistment they were required to complete CMS(R).

d. A soldier cannot be discharged while they are an Unauthorised Absentee. A soldier

who reaches their normal termination date but is an Unauthorised Absentee will continue in
Service until such time as they have returned to service and gone through the unit discharge
procedure. The discharge procedure should not be unduly delayed to deal with the absence,
but a charge may be brought and either dealt with swiftly at Summary Hearing before
discharge or referred to the DSP to be dealt with at Court Martial after discharge.

e. Notice is to be given by JPA workflow.

9.390. Having Claimed Termination under Regulation 15(6) of the Army Terms of
Service Regulations 1992.

a. The competent Service authority to authorize termination is the CO.

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b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies only to those soldiers who have commenced a term of
continued service, having completed a 22 year engagement, and who claim termination
having given six months’ notice from a date after the commencement of their continued
service.

d. Special conditions applying to this paragraph are:

(1) A soldier whose application to continue in Army service beyond 22 years was
approved may claim their termination by giving six months’ notice beginning from the
date on which notice of the termination is given by them to their CO.

(2) A copy of the soldier's application for termination is to be kept with their
documents.

(3) A soldier who, in consideration of being permitted to undergo a course of

instruction, transfers to another corps or receives any other benefit or advantage, has
consented in writing on AFB 6848/JPA workflow not to determine their service for a
specified period may not claim their termination in accordance with sub-para (1) before
the expiration of the period for which they have consented to serve.

(4) The notice period may be reduced at the discretion of the CO, in accordance with
para 9.108.

(5) Termination is to be authorized on AFB 130. Unit Admins are to raise the
termination through JPA Workflow.

9.391. Having Applied to Determine Service or Claim Termination.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a recruit, ie a person who has not previously been enlisted
and finally approved; see para 9.291. The periods during which the recruit may apply are
laid down in paras 9.291 – 9.296.

d. Termination under this paragraph is a statutory right and can only be refused when it
has been declared that national danger is imminent or a great emergency has arisen.

e. Termination is to be carried out with all convenient speed. Where a recruit has the
right to be terminated on giving 14 days’ notice the period of the notice may be reduced at
the discretion of the CO.

f. Application for termination is to be submitted on AFB 132A and authorized on

AFB 132. Unit Admins are to raise the termination through JPA Workflow.

g. The purchase rates where applicable are given in the Promotions and Appointments
Warrant 2009, Articles 285.

9.392. Having Claimed Termination under of The Armed Forces (Discharge and Transfer
to the Reserve Forces)(No.2) Regulations 2009 Article 7.

a. The competent Service authority to authorize termination is the CO.

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b. The Armed Forces (Discharge and Transfer to the Reserve Forces)(No.2) Regulations
2009 Article 7 governs this authority.

c. This paragraph applies only to a soldier who has been reduced from the rank of
warrant officer and claims their termination. The application must be made within 28 days of
their reduction.

d. Termination in accordance with The Armed Forces (Discharge and Transfer to the
Reserve Forces)(No.2) Regulations 2009 Article 7 is a right, not a privilege, and cannot be
refused. It is to be carried out as expeditiously as possible after the application has been
received by the CO.

e. A copy of the soldier's application for termination is to be kept with their documents.

f. Termination is to be authorized on AFB 130. Unit Admins are to raise the termination
through JPA Workflow.

Cause of Termination - Completion of Engagement

9.393. On Completion of Engagement.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier who has completed their engagement.

d. Termination is subject to any special Ministry of Defence instructions in force at the

time.

Cause of Termination - Request by a Woman for Free Termination for Family

Reasons
9.394. Reserved.

9.395. Free on Family Grounds.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. Servicewomen may be terminated under this paragraph at any time prior to

confinement. A Servicewoman who, having elected to remain in the Army, decides after the
birth not to remain in the Army may also be terminated under this paragraph providing that
the request for termination is made before the end of her maternity leave/maternity absence

d. Termination is to be authorized on AFB 130 supported by F Med 790 completed by a

medical officer. Unit Admins are to raise the termination through JPA Workflow.

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Cause of Termination - Termination in Implementation of a Sentence of a

Court Martial
9.396. Having been Sentenced by a Court Martial to Dismissal from Her Majesty's
Service.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier dismissed from the Service by a sentence of a

Court Martial under The Armed Forces Act 2006.

d. A soldier serving abroad who is to be dismissed from the Service is to be sent to the
United Kingdom for termination unless they had enlisted at the station where serving when
dismissal was ordered.

e. Termination is to be authorized on AFB 130. Unit Admins are to raise the termination
through JPA Workflow.

f. Note is to be taken of para 9.330.

9.397. Having been Sentenced by Court Martial to Dismissal with Disgrace from Her
Majesty's Service.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. The terms of para 9.396 will apply.

d. Unit Admins are to raise the termination through JPA Workflow.

Cause of Termination - Termination of the Engagement of a Soldier who has

been Permitted to Continue in Army Service after Completion of 22 Years’
Service
9.398. On Termination of Engagement.

a. The competent Service authority to authorize termination varies as below:

For: Rank Competent Service Authority

(1) Warrant Officer Class 1 Director of Manning (Army).
(2) Warrant Officer Class 2 District or divisional commander.
(3) Staff Sergeant or Sergeant (or District, divisional, brigade or garrison
equivalent ranks) commander or deputy district commander (not
being below the rank of colonel or
corresponding rank).

(4) All ranks below that of Sergeant Commanding officer.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier who has been permitted to continue in the Service
beyond 22 years and whom it is desired to terminate compulsorily before they have
completed the period of continuance and before they reach the age limit for service.

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d. Termination under this paragraph requires 12 months’ notice to the individual. Any
variation of the 12 months’ notice period requires clearance from DM(A).

e. Application for termination is to be made, and termination is to be authorized by the

competent Service authority, on AFB 130A. Unit Admins are to raise the termination through
JPA Workflow.

Request for Termination by a Soldier Not Entitled to Determine Service or

Claim Termination
9.399. At the Soldier's Request - on Payment.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier not entitled to claim termination under para 9.391
who requests premature voluntary release on payment. It does not apply to soldiers enlisted
on the Open Engagement or Versatile Engagement.

d. Termination under this paragraph is to be effected only in exceptional cases where

transfer to the Regular Reserve under para 9.374 is inappropriate or impracticable. If it is
desired to delay the termination of the soldier the CO is to apply in accordance with the
provisions of para 9.418. Each case is to be treated individually on its merits.

e. Application for termination is to be made on AFB 132A and is subject to the conditions
and procedures laid down in paras 9.415 – 9.422 and is to be authorized on AFB 132. Unit
Admins are to raise the termination through JPA Workflow.

f. Premature voluntary release costs are given in Promotions and Appointments Warrant
2009, Article 285.

9.400. At the Soldier's Request - after Completion of 16 or more Years' Service on a

Current Engagement.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a serviceman enlisted before 1 January 1986 or a

servicewoman who enlisted before 1 January 1987 who has completed 16 or more years’
service on a current engagement and does not qualify for a service pension except for those
applicants referred to in sub-para g. The period of 16 years is to reckon from the reckonable
service date.

d. A soldier who has completed 16 years’ service on two or more consecutive

engagements without any break in reckonable service between engagements may also be
terminated under this paragraph. Reckonable service is to be calculated from the relevant
date as given in sub-para c.

e. The application for termination is to be made on AFB 132A as for para 9.399 and the
same premature voluntary release on payment conditions and procedures are to apply
except that no purchase costs are chargeable.

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f. Applications from soldiers are members of the Armed Forces Pension Scheme 1975
who wish to obtain the concession permitted by the Army Pensions (Armed Forces Pension
Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 Article D2(4)(a), for
termination on completion of at least 21 years nine months reckonable service for pension
are to be submitted under this paragraph. All such applications, supported by evidence from
the prospective employer that the employment offered cannot be kept open until the soldier's
due date for termination, must be referred to the (DM(A)) through the relevant Manning and
Career Management Branch APC.

g. The soldier is liable to refund any bounty which has been paid in respect of a period of
service which has not been completed (see para 9.420 and the Promotions and
Appointments Warrant 2009, Articles 284).

h. Termination is to be authorized on AFB 132. Unit Admins are to raise the termination
through JPA Workflow.

9.401. At the Soldier's Request - before Completion of a Normal Regular Engagement

but with 22 or more Years Reckonable Service for Pension.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier with less than 22 years reckonable service on their
current engagement but with 22 or more year’s reckonable service on two or more
engagements.

d. The application for termination is to be made on AFB 132A as for para 9.399 and the
same premature voluntary release conditions and procedures as those laid down in paras
9.415 – 9.422 will apply except that no purchase costs are chargeable.

e. This paragraph does not apply to those serving on an MLSE Engagement.

f. Termination is to be authorized on AFB 132. Unit Admins are to raise the termination
through JPA Workflow.

9.402. At the Soldier's Request - Free on Compassionate Grounds.

a. The competent Service authority to authorize termination is the GOC of a division or

district.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier who requests premature termination free on

compassionate grounds with all restrictions waived. The application is to be submitted via
the CoC to the GOC of a division or district.

d. Termination under this paragraph is to be effected only in exceptional circumstances

where transfer to the Regular Reserve under para 9.375 is inappropriate or impracticable.
(See para 9.415b.)

e. Termination under this paragraph is not to be delayed by the application of para 9.418.

f. The application is to be made on AFB 132A. The conditions and procedure laid down
in paras 9.415 – 9.424 will apply. The application is to be submitted via the CoC.

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g. Termination will be authorized on AFB 132. Unit Admins are to raise the termination
through JPA Workflow.

Cause of Termination - No Longer Required for Army Service because of

Misconduct, Indiscipline or Inefficiency
9.403. Reserved.

9.404. Gross Misconduct.

a. The competent Service authority to authorize termination is the brigade commander, or

any brigadier or colonel commanding any garrison or force superior in command to the
commanding officer.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. Subject to sub-para d below, a person subject to service law, not being a

commissioned officer, should normally have their service terminated using the AGAI 67
process the following circumstances:

(1) If they have been convicted during their service by a court (civil court, Court
Martial or summary hearing) of any of the following offences (to include attempts and
aiding and abetting); Homicide, serious assault (excluding common assault, battery
and ABH), racially aggravated offences, serious sexual offences, firearms and
explosive offences, serious offences of dishonesty, road traffic offences involving
death, arson and other instances of serious criminal damage, public order offences
(riot, violent disorder), any drug related offence including breach of standing orders by
possessing steroids or failure to provide a CDT sample.

(2) If they have been convicted by a civil court, court martial, or at summary hearing
for any other offence or for persistent misconduct, which in all the circumstances so
adversely impacts on their character and/or integrity as to be incompatible with service
life. This would include, but is not limited to, any sentence of imprisonment or period of
detention which is such that the person is no longer employable.

d. If a CO is of the opinion, despite a conviction listed in c(1) and c(2) above, that
exceptional circumstances do exist and that termination of service is not merited, AGAI 67
action is still to be taken and a lesser sanction considered. Before awarding another
sanction the CO should take legal advice and obtain the agreement of their Higher Authority.

e. Note: - Any person subject to service law, being a commissioned officer, who commits
any offence mentioned in b(1) or receives a sentence such as those mentioned in b(2) above
should normally have their service terminated. Officers have their services terminated
following the procedures laid down in AGAI 67.

f. In the case of a soldier sentenced while serving abroad, the competent Service
authority is to consider discharge for gross misconduct but, if authorised, discharge is not to
be carried out until the soldier arrives in the United Kingdom except when specially permitted
by APSG. When discharge abroad is authorised in these circumstances, the competent
Service authority is to nominate the officer who is to carry out the soldier’s discharge in
conjunction with the APC.

g. In all cases of discharge for gross misconduct other than those excepted in sub-para f
above, a soldier serving abroad is to be sent to the United Kingdom for discharge unless
enlisted at the station where they were serving when discharge was authorised.

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h. Note is to be taken of para 9.330.

i. Unit Admins are to raise the termination through JPA Workflow.

9.405. Retention Undesirable in the Interests of the Service.

a. The competent Service authority to authorize termination is the brigade commander, or

any brigadier or colonel commanding any garrison or force superior in command to the
commanding officer.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. A soldier subject to service law may have their service terminated using the AGAI 67
process in the following circumstances:

(1) Where any soldier subject to Service law is convicted by a court of any offence
not listed within para 9.404 and the CO believes that their misconduct is sufficiently
serious to merit termination of Service.

(2) Where any soldier subject to Service law has been acquitted by a court of an
offence, their CO maintains that on the balance of probabilities, the soldier’s
misconduct (acquittal notwithstanding) constitutes behaviour of a nature sufficiently
serious to merit termination of Service.

(3) Where any soldier subject to Service law embarked on any course of conduct
which breached the Service Test1 such that the CO believes that their conduct was
sufficiently serious to merit termination of Service.

(4). Where any soldier subject to Service law is considered to be either unsuitable or
inefficient and the CO believes that their inefficiency is sufficiently serious to merit
termination of Service. The CO will normally have previously placed the soldier on a
Formal Warning of at least 3 months before seeking termination under this subsection

d. Unit Admins are to raise the termination through JPA Workflow.

9.406. Reserved.

Cause of Termination - Appointment to a Commission or Re-enlistment

9.407. On Appointment to a Commission.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. Termination under this paragraph is to be governed by any special instructions issued,

but is normally to be effective from the day preceding the date of commissioning.

d. A Certificate of Service (AFB 108 or AFB 108J, as appropriate) is to be initiated by the

APC and not by the CO.

1
See AGAI 67 Para 67.020.

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9.408. Re-enlistment on Another Engagement.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier terminated for immediate re-enlistment on another

engagement without a break in service.

d. A Certificate of Service (AFB 108 or AFB 108J as appropriate) is to be issued by the

APC authorizing termination under this paragraph only in the case of soldiers terminated for
immediate entry or enlistment into the Royal Navy, Royal Marines or Royal Air Force.

Cause of Termination - Change in Strength, Composition, or Function of their

Corps
9.409. On Reduction in the Establishment of their Corps.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a soldier who is redundant through a reduction of

establishment.

d. The authority of this paragraph is to be invoked only under the direction of DM(A).

e. APC CM is to record termination on JPA.

9.410. Change in their Corps' Requirements.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies only to a soldier who is surplus to the requirements of their
corps for reasons other than redundancy arising from reduction in establishment, and
termination under this authority is only to be effected on the direction of DM(A).

d. APC CM is to record termination on JPA.

Cause of Termination - No longer Required for Further Service for any

Reason not Otherwise Specified in Paras 9.380 – 9.410.
9.411. Not Required for further Army Service.

a. The competent Service authority to authorize termination is the brigade or garrison

commander, or the officer commanding the Defence College establishment within which the
soldier is serving.

b. The Army Terms of Service Regulations 2007 govern this authority

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c. This paragraph applies to an apprentice or Army Foundation course student under the
age of 17½ and still at an apprentices' training establishment or Army Foundation College
who, in the opinion of the CO, is failing to reach the standard normally expected for any of
the following reasons:

(1) Unsatisfactory conduct.

(2) Genuine or persistent unhappiness or discontent indicating that they are unlikely
to achieve the motivation required to become a good soldier.

(3) Such lack of application that it is doubtful if they will become efficient, regardless
of training and encouragement.

d. The application for termination is to be made on AFB 130A on which full particulars of
the case are to be recorded and to which the Personal Discipline Record is to be attached.

e. Details of special action to be taken in respect of a soldier terminated under this

paragraph are given in paras 9.339 – 9.340.

f. An apprentice or any Army Foundation course student aged 17½ years or more who is
unsatisfactory due to circumstances within their control or to indiscipline and who cannot be
dealt with under this paragraph because of their age is to be dealt with under para 9.414.

g. Unit Admins are to raise the termination through JPA Workflow.

9.412. Not Required for Army Service - below Physical Entry Standard for Adult Service.

a. The competent Service authority to authorize termination is the CO.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies to a younger entrant who, on attaining the age of 17½ years is
found to be below the physical entry standard of the corps in which they are serving and who
is unwilling to transfer to a corps for which they are suitable.

d. Termination is to be authorized on AFB 130. Unit Admins are to raise the termination
through JPA Workflow.

9.413. Not Required for a Full Army Career.

a. The competent Service authority to authorize termination is the Military Secretary -

Director General Army Personnel Centre.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. This paragraph applies only to a soldier who enlisted on or changed to the Open or
Versatile Engagement and whose service is to be completely terminated having completed
3, 6, 9, 12 or 15 years' reckonable service towards their engagement. A soldier who is to be
terminated at the 12 year manning control point is to be allowed to make up for any non-
reckonable service in order to qualify for a resettlement grant. This privilege does not apply
to a soldier who is undergoing a sentence of detention or imprisonment awarded by a Court
Martial on the date they are due to be transferred to the Army Reserve or terminated, see
para 9.331.

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d. The fact that a soldier has committed themselves beyond their initial period of three
years on the Open Engagement and for 4 years on the Versatile engagement does not debar
their termination under this paragraph.

e. A soldier seeking to prolong their service in consideration of receiving a benefit or

advantage is to be told at the time that they complete an AFB 6848/JPA workflow that
consideration is being given to their termination under this paragraph and that the application
will most likely not be authorized. A soldier who has not waived the right and whose
termination at one of these manning control points is contemplated should be interviewed at
the second, fifth, or eighth year of their Army service and be informed of that decision.

f. At the end of the eleventh year of their Army service, a soldier's suitability for a full
22 year Army career is to be considered. Where it is anticipated that a soldier will not be
employable for the full career then they should be interviewed and informed that they will be
terminated at the end of their twelfth year.

g. Every effort is to be made to ensure that a soldier who is to be terminated under this
paragraph is warned a minimum of 12 months before the end of 3, 6, 9, 12 or 15 years'
service reckoned from the reckonable service date. There may be occasions when the
warning is given late. Termination may still take place under this paragraph providing that
the warning is given no later than 21 days after the 12 months point. In such cases the
soldier must still receive the full 12 months' warning and will thus be terminated up to 21 days
after the 3, 6, 9, 12 or 15 year point.

h. Application for termination is to be made on AFB 130A. Unit Admins are to raise the
termination through JPA Workflow.

9.414. Services No Longer Required.

(Note: This paragraph is to be used as authority for the termination of a soldier who cannot or
should not be transferred to the Regular Reserve, or terminated, under any other paragraph.)

a. The competent Service authority to authorize termination is the Director of Manning

(Army) (DM(A)) or, in the case of:

(1) An officer cadet undergoing training at the Royal Military Academy, Sandhurst:
the Chief of Staff acting in their capacity as CO.

(2) A soldier who was enlisted for local service overseas: the brigade or garrison
commander.

b. The Army Terms of Service Regulations 2007 govern this authority.

c. Although termination under this paragraph may not carry any stigma, a CO is to
remember that its application may cause a soldier to be terminated without being given the
opportunity to defend themselves against any implied reflection on their character, conduct,
or standing in the Service. Potential civilian employers tend to regard soldiers terminated
under this paragraph with some reservation. For that reason:

(1) Where no fault is attributable to the soldier the cause for termination is to be
recorded as ‘Released from Army service'. In other appropriate circumstances the
phrase ‘Services no longer required' may be amplified, where this will benefit the
soldier concerned, provided the words used in amplification are not the same words
used to describe any other cause of termination.

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(2) The application for termination on AFB 130A should include an explicit
recommendation as to which of these causes of termination is to be recorded on the
soldier's documents. Final decision as to the cause of termination, however, will be
taken by DM(A) having regard to parity of treatment and uniformity of practice
throughout the Army as a whole.

(3) If the soldier has not previously been subject to any Formal Warning or a Formal
Warning in respect of a similar matter to that for which the application for termination is
being sought (see para 9.414e), they should be allowed to make representation
against the application if they so desire. Should a soldier choose not to represent
against the application, they are to signify this at Part 3 of the AFB 130A.

d. Examples of termination under this paragraph are shown below.

(1) An apprentice or a soldier aged 17½ years or over, who is unsatisfactory due to
circumstances within their control or to indiscipline.

(2) An apprentice still at an apprentice's college over the age of 17½ years who is
guilty of misconduct and who has been sentenced as listed in para 9.404d or e.

(3) A soldier under the age of 18 whose Discharge as of Right (DAOR) option point
has passed and who shows genuine or persistent unhappiness or discontent indicating
that they are clearly unhappy about their choice of an Army career may be terminated
under this paragraph. If a CO has any doubt as to the extent of permanence of the
soldier’s unhappiness and wishes to delay a decision until after the soldier’s 18th
birthday, they may make notification to DM(A) for the registration of the soldier as an
unhappy under 18-year-old. Application for termination may then be made at any time
up to the age of 18 years and three months. Termination will not be approved under
this sub-paragraph if the soldier’s unhappiness is detected or noted after their 18th
birthday. This measure is a safety net for those soldiers who do not fall into the
compassionate/temperamentally unsuited category. Termination under this paragraph
is to be recorded as ‘Released from Army Service'.

(4) An officer cadet who fails to complete training at the Royal Military Academy
Sandhurst for reasons certified by the Commandant as being no fault of their own and
who elects termination (see also Annex F to this Chapter). In these circumstances, the
officer cadet is required to sign a certificate applying for free termination under this
paragraph.

(5) A soldier who involves themselves in sexual aberration including conduct which
might reasonably corrupt, cause offence or bring the Service into disrepute (see also
para 5.085).

(6) Subject to certain conditions laid down in Defence Council Instructions or Ministry
of Defence (Army) letters, where disciplinary action is not appropriate, a soldier who
has been involved with drugs, including alcohol. For example, a soldier who, when
required to provide a specimen of urine under the Army Compulsory Drug Testing
Programme:

(a) Tests positive, or

(b) Refuses to provide a specimen.

(See also paras 5.089 – 5.098 and AGAI 64).

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(7) A soldier who is unable to accept unrestricted military duties owing to their
personal and domestic affairs and who:

(a) Has not been notified in accordance with para 9.413.

(b) Is unwilling to apply for premature voluntary release in accordance with

para 9.415, and whose application under para 9.402 has been refused.

(8) A soldier who has been deemed temperamentally unsuitable for any form of
Army service after consideration of their case by their CO following a consultation with
a Service consultant psychiatrist. Temperament is a characteristic combination of
physical, mental and moral qualities which constitute a soldier's character and affect
the manner of their acting, feeling and thinking. Temperamental unsuitability applies
when a soldier's character/personality is inappropriate for the military environment.
Suitability is assessed by consideration of the soldier's maturity, past conduct and
performance together with future career prospects. It is the CO's decision on whether
or not to apply to terminate but consideration must be given to the opinion of a Service
consultant psychiatrist and other appropriate stakeholders (eg Adjutant, Regimental
Career Management Officer, Company Commander, Chaplain and Regimental Medical
Officer) in a formal review process. Termination will not be authorized by DM(A)
without this review.

e. Before termination action under sub-para d(7) is initiated, the soldier is to be

interviewed by their CO and warned that if within a reasonable time (not normally more than
6 months) their personal problems have not been resolved then their termination may be
applied for. The soldier should then sign a certificate to the effect that they have been given
the warning and understands it. This certificate is to be retained with their Service
documents and attached to AFB 130A should their termination subsequently be requested.
When warning a soldier, a CO is to consider submitting a report in accordance with the JSP
440 Defence Manual of Security.

f. The application for any termination under this paragraph is to be made on AFB 130A.
The case is to be submitted with valid and explicit reasons for termination to the DM(A). The
case is to be forwarded through the immediate superior headquarters with copies going to
the next higher headquarters when this has been so directed. Where a case to an
immediate headquarters is not supported it should be sent to the next higher headquarters
for further comment before being forwarded to DM(A). In all cases where any representation
has been made by the soldier under the terms of para 9.414c(3), it is either to be included at
Part 3 of the AFB 130A or to be attached to it.

g. As soon as possible after termination has been authorized the soldier's service must be
terminated. They are not normally to be retained in the Army in order that they may repay
public or private debts.

h. A soldier terminated under this paragraph after acceptance by the Regular

Commissions Board retains their statutory right to termination under para 9.391 when they
subsequently re-enlists at the Royal Military Academy, Sandhurst, for training.

i. Should retaining in service be required by SPA(UK), subsequent to authority for

discharge being issued, for disciplinary reasons or investigation APSG Conduct Branch is to
obtain authority from DM(A).

j. For long term absentees, absent for longer than 365 days, there is a presumption that
Administrative Discharge will follow any disciplinary action. Representations seeking
retention will be considered by DM(A).

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k. Unit Admins are to raise the termination through JPA Workflow.

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Section 4 - Premature Voluntary Release and Termination of

Service Free on Compassionate Grounds

Premature Voluntary Release on Payment

9.415. General Instructions.

a. After the period during which a soldier may claim their termination as a recruit has
expired, they may terminate their Colour service before it is due to end by applying for
premature voluntary release on payment. No soldier has a legal right to end their service in
this way as it is a privilege which may be withheld or deferred at any time by the Defence
Council as distinct from the normal restrictions that are imposed by para 9.416. A soldier
enlisted on the Open Engagement or Versatile Engagement may not apply for premature
voluntary release on repayment. A soldier serving on a Type S Engagement is eligible to
apply for premature voluntary release on repayment.

b. The decision as to whether the soldier is to be transferred to Regular Reserve or

terminated is to be made by the competent Service authority when authorizing the
termination of Colour service on the merits of the case. After transfer to the Regular Reserve
or termination has been carried out, the case papers, including the soldier's application, are
to be sent to the APC so that they may judge in which section of the Regular Reserve the
soldier is to serve or if they are to be retained as a member of the Long Term Reserve or to
be made permanently non effective. Soldiers enlisted for home commitment have no reserve
liability.

c. Soldiers are not normally to be given permission to prematurely terminate their Service
whilst being considered for disciplinary or administrative action, that is:

(1) After a charge has been brought for Summary Hearing.

(2) After the CO has referred a case to the Director of Service Prosecutions (DSP) in
which the soldier is named as a suspect.

(3) After the soldier has been told by an originating officer that Major Administrative
Action is to be taken against them.

(4) After the CO has told the soldier that they have returned a positive CDT test.

d. Should the CO believe that it is in the Service interest that the soldier should be given
permission to prematurely terminate their Service, despite the circumstances above, they
should seek the authority of APSG Conduct Branch. A soldier is not to have their Service
extended beyond their normal date of discharge because they are subject to disciplinary or
administrative action. When a soldier has already been given permission to prematurely
terminate Service, and a date for discharge has been given, then they should not be
extended beyond that date because they are subject to disciplinary or administrative action.

9.416. Restrictions. Premature voluntary release on payment is not to be authorized without

prior permission of the DM(A) for a soldier in any of the restricted categories listed in sub-paras a
to g below. The case is not to be forwarded to the next higher authority unless it is fully supported.

a. Initial service restrictions. The period during which soldiers may not be allowed
premature release by purchase is to be as follows (service forfeited under the provisions of
the Army Act 1955, section 17 and/or The Armed Forces (Forfeiture of Service) (No 2)
Regulations 2009/1090 may not count towards either of the three year periods quoted
below):

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(1) Apprentices - during training and within three years after the end of training.

(2) Soldiers enlisted for training as nurses or dental technicians, four years over the
age of 18 or from the date of enlistment whichever is the later.

(3) Except for the Open or Versatile Engagements, which do not qualify for PVR,
three years from the date of enlistment on a current engagement or 18th birthday,
whichever is later.

b. Soldiers who apply after having been warned for service overseas, or an emergency
tour.

(1) The warning for overseas service, or an emergency tour, is to be effective from a
date six months before the move except where less than six months’ notice has been
given by the higher authority concerned.

(2) The restrictions may be waived at the discretion of the CO. If the restriction is to
apply, a unit order is to be published on the nearest working day to a date six months
before the first day of the month in which the move is to take place in order that
soldiers moving with their units are aware of the restriction.

(3) In the case of individual assignments the restriction is to be imposed six months
before the effective date or on the date of issue of the assignment order when less than
six months’ notice is given. The assignment should state the date on which the
restriction is effective. For this purpose, service in Germany, Holland, Belgium or
Luxembourg is deemed to be home commitment, and emergency tours to be those
listed in the Emergency Tours Plot. It is not necessary for those affected to have
signed a draft warning order.

c. Soldiers serving overseas with less than one year of their current tour completed and
those serving whilst on an emergency tour. For this purpose the definition of home
commitment in sub-para b(3) applies.

d. Soldiers who have waived their right by completing AFB 6848/JPA workflow to
terminate their service for a fixed period for attendance on a course of instruction, trade or
specialist training, an attachment on loan or for the reimbursement of legal expenses
incurred in connection with the sale or purchase of a residential property, (see para 9.086).

e. Soldiers who are restricted due to being transferred to another corps; see AGAI 48 for
specific periods of restriction.

f. Soldiers who have been selected to attend a course listed in JSP 750 –Centrally
Determined Terms of Service Part 1 Directive – Chapter 2.

g. Officer cadets, except that a cadet who fails to complete the course for reasons which
are not certified by the Commandant of the Royal Military Academy Sandhurst as being
through no fault of their own is to be given the option of applying for termination on payment,
an option which must be exercised within 10 days of the commandant's decision. Failing
that, they are to continue to serve. Detailed instructions regarding the procedure for
termination on payment of officer cadets are given in Army Commissioning Regulations
(AC 13452).

9.417. Reserved.

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9.418. Deferments. A soldier who is not in any of the restricted categories mentioned in
para 9.416 is not normally to be refused the privilege of premature voluntary release, but the
brigade or equivalent commander may refuse it if the soldier is considered vital to the efficiency of
the unit. In such cases, except in compassionate circumstances as defined in paras 9.423 – 9.424
the brigade or equivalent commander may give authority to delay the termination or transfer to the
Regular Reserve for a period not exceeding six months from the date of the soldier's original
application to enable a trained replacement to be provided. If, after the initial six months
deferment, the soldier's retention with the Colours is still considered essential the case is to be
referred to the divisional or equivalent commander, who may, in the absence of compassionate or
hardship factors, defer the termination or the transfer to the Regular Reserve for further periods
subject to review at intervals of not more than six months. Deferment for a period in excess of one
year from the date of the soldier's initial application is to be exercised only in exceptional cases
and is to be reported to the DM(A) by the divisional or district headquarters.

9.419. Soldiers in Debt and occupying Service Families’ Accommodation. A soldier is

not to be permitted to terminate their Colour service by premature voluntary release if their pay
account is in debt to the public and release is to be deferred until all outstanding charges have
been met. The soldier’s release is not to be finalized until they have vacated any SFA they may be
occupying.

9.420. Payments. The purchase costs to be paid by a soldier who wishes to terminate their
service by premature voluntary release on payment are laid down in the Promotions and
Appointments Warrant 2009, Article 285. Where a soldier serving on a regular engagement has
previous reckonable service, their service for the purpose of assessing purchase costs is to reckon
from the date of enlistment on the engagement on which they were serving when they undertook
their present engagement, providing there was no break in Colour service between the two
engagements except those specified in para 9.401. In addition to this payment a soldier is
normally required in the following cases:

a. To refund any un-cleared debit balance in accordance with the JSP 754 Tri- Service
Regulations for Pay.

b. If serving abroad and except as stipulated in para 9.426c, to pay a sum sufficient to
cover the cost of conveyance from their last duty station to their place of transfer to the
Regular Reserve or termination.

c. If serving abroad and their family is resident at the overseas station, to pay a sum
sufficient to cover the cost of their conveyance unless travel at public expense is permissible.

d. If serving abroad and permitted to reside abroad on transfer to the Regular Reserve or
termination, to pay their own and their family's passage costs to the selected place of
residence abroad unless travel at the public expense has been authorized in accordance
with para 9.425b.

9.421. Resettlement Grant. Any resettlement grant admissible after final adjustment of
purchase costs is to be paid as soon as possible after termination or transfer to the Reserve.
A soldier may apply to their CO in writing to have their resettlement grant entitlement offset against
the purchase costs.

9.422. Procedure. The procedure to be applied for premature voluntary release on payment
is at Annex G to this Chapter.

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Termination of Service - Free on Compassionate Grounds

9.423. General Instructions.

a. A soldier may apply to terminate their Colour service on compassionate grounds.

Where grounds of compassion are advanced in support of a waiver of a restriction and all
costs, the application is to be supported by a report from AWS and, where applicable, a
medical certificate and, where a family business is involved, a report by the Forces Help
Society, to provide evidence that it is essential for the soldier to leave the Army and that
other measures, eg compassionate leave or temporary retention in the United Kingdom,
would be inadequate. The soldier's CO is to attach their recommendation regarding a waiver
of any restriction and the purchase costs, in compassionate cases. In such cases the GOC
division or district may authorize termination of Colour service free on compassionate
grounds under para 9.375 or termination under para 9.402, as appropriate, taking note of
para 9.415b and c. If the soldier’s application is approved they are to be transferred to the
Regular Reserve or terminated free of all costs in accordance with the instructions as given
in the following sub-paragraphs.

b. Apprentices and soldiers under the age of 18 years. If after the end of the statutory
period during which an apprentice or soldier under the age of 18 may claim their termination,
applies to be terminated on the grounds that their family circumstances make their presence
at home desirable, the CO (if they accept that the reasons are valid) may apply to the
competent Service authority under the terms of para 9.402 to terminate the soldier. In such
cases the criterion should be that in the CO's opinion the soldier's presence at home would
assist their family. The fact that prevailing family circumstances existed when the apprentice
or soldier enlisted should not preclude termination free on compassionate grounds.

c. Apprentices and soldiers over 18 years of age. Before transfer to the Regular
Reserve or termination on compassionate grounds is authorized, the competent Service
authority must be satisfied that there are adequate grounds for a soldier's release which
makes it essential for the soldier to leave the Army. It is of prime importance that every case
should be thoroughly investigated before a decision is taken. The situation may vary
considerably in individual cases but the deciding factor is that the circumstances on which
the application is based must normally have arisen since the soldier's enlistment or re-
engagement or prolongation of service. If the factors existed to some degree previously,
they should have worsened unexpectedly during the soldier's service to such an extent that
the situation can only be resolved by their release from the Army.

d. The competent Service authority authorizing termination of Colour service free of all
costs may waive any of the restrictions listed in para 9.416. Transfer to the Regular Reserve
or termination is to be authorized under para 9.375 or para 9.402, as appropriate, and in this
connection attention is drawn to para 9.415b and c. Recommended applications from
soldiers serving in isolated overseas garrisons which have no delegated powers to authorize
transfer to the Regular Reserve or termination free on compassionate grounds are to be
forwarded to DM(A) for consideration. In cases where the soldier's pay account is in debt to
the public, the prior agreement of the divisional or district commander is to be obtained
before compassionate release is authorized. If release is to take place overseas the
agreement required is that of the appropriate command civil secretariat.

9.424. Conditions.

a. The following list of circumstances, which are not exhaustive, may provide justifiable
reasons for release on compassionate grounds; in case of doubt the immediate superior
headquarters should be consulted:

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(1) When the applicant has recently been widowed or is legally separated from their
spouse or civil partner and has a child or children dependent on them, living with them
and with no suitable alternative arrangements possible. When the applicant applies on
grounds of divorce or legal separation because they have to care for children of the
marriage or civil partnership, however, termination is not normally to be authorized
unless the court has awarded them custody of the children.

(2) A lone parent unable satisfactorily to combine military duties and parenthood.

(3) When the applicant has had to assume the major responsibility for the care of
younger brothers or sisters who will have to live with them and no suitable alternative
arrangements are possible.

(4) When the applicant has immediate relatives who are dependent on them for
constant physical attention and there are no other relatives who could reasonably be
expected to assume responsibility.

(5) When the applicant is the only son or daughter of a widowed parent in straitened
circumstances and there are no other relatives who could reasonably be expected to
assume responsibility.

(6) When the applicant is required to run a family business (but see sub-para c).

(7) When the applicant wishes to leave the Army on the grounds of conscientious
objection to military service (but see AGAI 55).

b. Other than in the most exceptional cases the following circumstances should not be
accepted as grounds for compassionate release:

(1) When the family have decided for personal reasons to remain separated (eg as a
result of buying or renting a house), unless there is some overriding medical or other
reason which prevents the establishment of a family home at the soldier's duty station.

(2) When termination is required only to allow the applicant to take up an offer of
employment outside the Service.

(3) When the applicant is unable to regulate their private financial affairs without
becoming seriously indebted or when the application arises out of an adulterous
relationship.

c. Family Business Cases. It should normally be shown that:

(1) The soldier worked in the business prior to enlistment.

(2) The business is in existence and belongs to the soldier's family.

(3) There is no other member of the family available to provide the required support
to the business.

(4) Without the soldier's presence the business would collapse and jeopardize the
soldier's future livelihood. The fact that a business has to be reduced in volume or
scope should not in itself merit termination.

d. Scope of Relationship. The scope of relationship for which compassionate

termination may be considered is strictly limited and covers only spouse, civil partner, child,

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parent, stepparent, or recorded next of kin of the soldier. No exceptions are to be made to
this rule without reference to the DM(A).

e. Investigations. All cases should be thoroughly investigated by the Army Welfare

Service (AWS) and units should address requests for reports directly to the AWS either at
the local office or HQ AWS, Knollys Road, Aldershot, GU11 1PS. Reports are to be treated
in accordance with para J12.009. Once the case is completed the AWS is to be informed of
the outcome by the unit concerned.

f. Illness of a Close Relative. A certificate from a registered medical practitioner is to be

included in all cases arising from the long term illness or disability of a close relative. The
certificate should contain a firm opinion that the applicant's permanent presence at home is
essential; vague comments such as ‘would be beneficial/desirable' will not suffice. If
confirmation of the doctor's opinion is required, overseas commands may signal the Army
Medical Services Senior Health Advisor (Army) quoting subject indicator code PPA and
giving the circumstances of the case.

g. Temporary Situations. If it is decided that the case does not merit release on
compassionate grounds but it is agreed that a domestic or business situation has arisen that
would be alleviated by the soldier's presence for a short period, they may be granted
compassionate leave under the provisions of JSP 760 – Tri Service Regulations for Leave
and Other Types of Absences or application may be made for their temporary retention in the
United Kingdom (see AGAI 48, para 48.031 et seq.).

h. Refusals. When the soldier's release from the Army is not accepted as essential,
there can be no question of accepting the case as compassionate. In these circumstances
the soldier may apply for release under the terms of para 9.374 or 9.399 in the normal
manner, provided they are not held by one of the restrictions listed in para 9.416. A
reduction in purchase costs is not admissible.

Premature Release to Civil Employment or Educational Training

9.425. As a privilege a soldier who has completed nine or more year’s reckonable service may
terminate their Colour service within three months of the end of their engagement or the expiry of
their period of notice without payment of purchase costs. In effect the earliest this privilege
becomes effective will be at the nine year and nine month point of a soldier's service. The purpose
of this privilege concession is to enable the soldier to take up civil employment or to commence a
course of instruction at a bona fide educational establishment which cannot hold a vacancy open
until the normal termination date.

a. To be eligible for this concession the soldier must have:

(1) Completed nine or more year’s reckonable continuous service.

(2) Given appropriate notice if serving on an, Open or Versatile Engagement.

(3) Documentary evidence showing that they will lose the offer of civil employment or
place on a course of further education if held to serve until their normal release date.

b. No additional concessions are to be granted in respect of terminal leave or a

resettlement course, but if a resettlement course has already been completed this will not
prevent the soldier from applying for this privilege. In the case of applications in accordance
with para 9.400g, DM(A) has the discretion to grant terminal leave and/or resettlement
provisions.

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c. A soldier who wishes to leave within three months of completing 22 years’ service for
pension should submit their application in accordance with para 9.400g.

d. Individuals are responsible for ensuring that they are fully aware of the financial
implications of early release prior to completion of engagement.

e. The application is to be submitted on AFB 132A, with the supporting evidence, to the
(DM(A)) through the relevant Career Management Branch APC, who are to attach a
completed AFB 132. Termination, if agreed, is to be authorized on AFB 132 by (DM(A).

Administrative Matters
9.426. Specific Provisions. The following provisions apply to soldiers who are transferred to
the Regular Reserve or terminated by premature voluntary release or free on compassionate
grounds:

a. A soldier transferred to the Regular Reserve or terminated in the United Kingdom is

allowed conveyance at public expense from the place of transfer to the Regular Reserve or
termination to a selected place of residence in the United Kingdom.

b. An application by a soldier who was attested abroad to be conveyed at public expense

on transfer to the Regular Reserve or termination to a selected place of residence abroad is
to be referred to the APSG for decision.

c. A soldier serving abroad who:

(1) Terminates their Colour service as a statutory right under para 9.391, or

(2) Is granted transfer to the Regular Reserve or termination free on compassionate

grounds, or

(3) Is transferred to the Regular Reserve or terminated on payment other than under
sub-para (1) above provided they have completed four years’ service (or such longer
period as the Ministry of Defence may determine in respect of particular categories)
and has completed one year's service in their overseas command or station, which for
this purpose includes all stations outside the United Kingdom, is to be conveyed at
public expense from their last duty station abroad to their place of transfer to the
Reserve or termination and thence to a selected place of residence within the United
Kingdom.

9.427. Reserved.

9.428. Terminal Leave. Terminal leave is not admissible to a soldier who is prematurely
transferred to the Regular Reserve or terminated, whether free on compassionate grounds or on
payment other than in the case of soldiers terminated under paras 9.400 – 9.401. On release from
overseas however, leave in the United Kingdom of the balance of any annual leave due on a
proportionate basis (see JSP 760 – Tri-Service Regulations for Leave and Other Types of
Absences) up to a maximum of 14 days, may be allowed at the discretion of COs, provided that the
granting of such leave will not cause:

a. The date of completion of service on full pay to be postponed.

b. A demand for an earlier replacement.

In compassionate circumstances, these conditions may be waived by the APSG

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9.429 - 9.433. Reserved.

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Section 5 - Soldiers Mentally or Temperamentally Unsuitable

9.434.

a. Soldiers who are considered to be mentally or temperamentally unsuitable for their

present military employment are to be referred by the CO for examination to the unit medical
officer, who is to obtain the opinion of a Service psychiatrist.

b. Soldiers who should not have been accepted for service, as being persons admitted to
a hospital or mental nursing home or received into guardianship under the Mental Health Act
1959 and or the Mental Health Act 1983, are to be terminated under para 9.414 on the
recommendation of the CO. It is the responsibility of the officer effecting the termination,
subject to the soldier's permission, to inform the local health authority. If the soldier refuses
that permission, the CO should inform their civilian medical practitioner of the date and
manner of the soldier's termination and of the address to which they are to proceed.

c. Soldiers, other than those referred to in sub-para b, who are considered by a

psychiatrist to be of low intellectual capacity or to be suffering from significant mental illness,
are to be brought before a medical board and dealt with in the way appropriate to the medical
category allotted by the board. If found unfit for further service they are to be terminated
under paras 9.385 – 9.387; if found fit for further service but unsuitable or unfit for their
present employment action is to be taken as laid down in sub-para d.

d. If a psychiatrist considers that a soldier is unfitted for their present employment for
intellectual or psychological reasons but is likely to become efficient in alternative
employment the psychiatrist is to report their findings, through the referring medical officer, to
the CO and give their recommendations for the general type of employment to which the
soldier may be suited, but without specifying any particular type of unit, corps or service.
Action thereafter is to be in accordance with para 9.231, the psychiatrist's medical opinion
being available to the Personnel Selection Officer. Reallocation is not to be recommended
for soldiers of habitual bad character or who are psychopathic delinquents or who are
temperamentally unsuitable for any form of military service.

e. If a unit receives an F MED 8A (or its replacement form) about a soldier which has
been signed by a service consultant psychiatrist and contains the following form of words:

“Although I do not consider the individual is suffering from a psychiatric illness I am of the
opinion that due consideration should be given to their termination as temperamentally
unsuitable under QR(Army), para 9.414.”

f. Upon receipt, the soldier’s CO should convene a unit review of all the factors affecting
the temperament of the individual in the light of future employment opportunities in the Army.
The factors to be considered are the physical, mental and moral qualities of the soldier which
constitute the character and affect the manner of their acting, feeling and thinking. A panel of
members who know the individual concerned and their circumstances (eg Adjutant,
Regimental Career Management Officer, Company Commander, Chaplain and Regimental
Medical Officer) should conduct the review. However, it must consider the opinion of the
service psychiatrist who signed the F MED 8A (or its replacement form) either in person or
through a suitably briefed Regimental Medical Officer. After considering the panel's findings,
the CO determines whether or not to apply for the termination of the soldier concerned under
QR(Army) para 9.414. SO2 Discharges DM(A) can be consulted and DALS can also
provide any legal oversight throughout the process if there is any aspect of the case that is
likely to lead to legal challenge for any reason.

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g. When disciplinary action against a soldier is pending, the psychiatrist is to act in

accordance with current regulations as laid down in Annex C to Chapter 6 and not as stated
in sub-paras a to d.

h. Temperamental unsuitability or mental disorders are not in themselves reasons to

discount disciplinary action. Nevertheless, they are factors to be considered when judging
the service and public interest. In cases which the CO or the Service police would normally
refer to the DSP they should continue to do so, informing the DSP of the condition of the
accused without breaching medical confidentiality. In cases which would normally be dealt
with at Summary Hearing, the CO should take the advice of the G1 staff at next Higher
Authority. Particular care should be taken before deciding not to take disciplinary action in
cases where the victim is an individual.

Disposal of Soldiers Suffering from Psychiatric Disorder

9.435. When it is decided to terminate a soldier suffering from psychiatric disorder the
following action is to be taken (see also para 9.406).

a. Soldiers domiciled in Great Britain or Northern Ireland.

(1) If the soldier is not dangerous to themselves or to the public and is not in urgent
need of further treatment in hospital, the DCMH consultant in their case, if their
relatives or friends are willing to receive them, to arrange for the soldier's disposal
accordingly (see also sub-para b).

(2) If the soldier is dangerous to themselves or to others, or urgently in need of

further hospital treatment, the DCMH consultant in their case is first to establish where
the soldier's home is and then to make arrangements with the regional hospital board
of the area in which the soldier's home is situated, or in the case of a soldier whose
home is in Northern Ireland with the Health and Social Care in Northern Ireland (HSC),
requesting them to specify the mental hospital to which the soldier should be sent (see
also sub-paras (3) and (4)). In any case of doubt or difficulty in determining the area in
which the soldier's home is situated the question is to be referred to the Army Medical
Services Senior Health Advisor (Army) for a decision, the soldier being retained in
hospital meanwhile.

(3) If the soldier to be terminated (see sub-para a(1)) requires hospital treatment and
is willing to receive it informally their transfer should be arranged directly with the
hospital specified by the appropriate Regional Hospital Board of the Department of
Health or the Health and Social Care in Northern Ireland (HSC) in Northern Ireland .

(4) If the soldier to be terminated (see sub-para a(1)) requires hospital treatment and
is unwilling to receive it informally, and if their nearest relative is unwilling to apply for
their compulsory admission to hospital, the DCMH consultant, on being notified of the
hospital where there is a vacancy, is to ask the approved social worker (mental welfare
officer) to arrange for application to be made for the patient's compulsory admission to
hospital.

(5) Should a soldier who is suffering from psychiatric disorder become due for
termination or transfer to the Army Reserve before it has been possible to arrange for
their disposal in accordance with sub-para a(2) their termination is to be delayed until
such arrangements have been completed. Every effort is to be made to ensure that
the arrangements are carried out with as little delay as possible.

(6) Any soldier undergoing psychiatric treatment in a military hospital is, if their
termination from the Service is considered necessary, to be transferred to a civil

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hospital on their termination. If transfer to a civilian hospital would cause injury to the
patient, then termination is to be delayed until the patient is fit for transfer.

b. Soldiers domiciled outside Great Britain and Northern Ireland. If it appears that the
home of a soldier is outside Great Britain and Northern Ireland the case is to be referred to
the Army Medical Services Senior Health Advisor (Army) for instructions as to their disposal,
the soldier being retained in hospital pending decision. A soldier suffering from a psychiatric
disorder transferred from one hospital to another, or to their relatives or friends, is to be
accompanied by a conducting party to be furnished under local arrangements, if such is
considered necessary by the medical authorities.

9.436. Reserved.

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Intentionally blank

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Section 6 - Certificates on Transfer to the Regular Reserve or on Termination

Form of Certificate
9.437. A Certificate of Service, which includes an assessment of military conduct and
character, a summary of Army service, the record of decorations or medals awarded, and
certificates of transfer to the Regular Reserve (if applicable) and of termination, will be issued to a
soldier when transferred to the Regular Reserve or terminated as specified in the table below (see
also paras 9.439 – 9.443).

Serial Category of soldier or reservist Occurrence: (i.e. transfer Form of certificate to be

or retransfer to the issued
Regular Reserve or
termination)
(a) (b) (c) (d)
1 A regular soldier with less than six On termination AFB 108J
months' service.
2 A regular soldier who is an officer cadet On termination. AFB 108J
at the RMAS, or on an appointment to
a commission.
3 A Section A regular reservist. a. On transfer to the AFB 108B
Regular
Reserve on
demobilization.
b. On termination during AFB 108B
a period of mobilization
or on demobilization.

4 A Section D regular reservist who re- a. On termination other AFB 108 (ADP)
engaged into Section D of the Regular than during a period of
Reserve without a break between the mobilization or on
termination of their service in Section A demobilization.
and their first engagement into Section
D
b. On transfer to Section AFB 108B
D of the Regular
Reserve on
demobilization
c. On termination during AFB 108B
a period of mobilization
or on demobilization.
5 A Section D regular reservist who a. On termination other AFB 108D
enlisted direct into the Army Reserve. than during a period of
mobilization or on
demobilization.
b. On transfer to Section AFB 108B
D of the Regular
Reserve on
demobilization.
c. On termination during AFB 108B
a period of mobilization
or on demobilization.

9.438.

a. A Certificate of Service will be issued to all personnel on termination of service by the

DBS. They are to be given a temporary certificate (AFB 108C) in accordance with the Unit
Administration Manual, a copy being sent to the relevant Career Management Branch APC.

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The Certificate of Service is to be despatched to them as soon as possible by recorded

delivery by the DBS.

b. If a soldier is to be transferred to the Regular Reserve or terminated on the expiry of

leave without being recalled to their unit or depot, a written notification of the date on which
they are being transferred to the Regular Reserve or terminated together with their
AFB 108X (or the temporary Certificate in lieu as in sub-para a) is to be sent by recorded
delivery to the soldier by an officer authorized by the CO to act on their behalf.

c. A soldier terminated with less than six months service is to be issued with an
AFB 108C on leaving their unit and a Certificate of Termination (AFB 108J) will be issued to
them by the DBS.

d. For a soldier serving overseas who is to be transferred to the Regular Reserve or

terminated in the United Kingdom the Certificate of Service (AFB 108X is to be prepared by
the CO and forwarded direct to the relevant Career Management Branch APC. Details of the
soldier's home address are to be attached. The CO of the depot or equivalent unit is to issue
a temporary certificate (AFB 108C) in accordance with sub-para a, on the day on which the
soldier leaves the depot or equivalent unit for their home address. Overseas units are to
keep the depot or equivalent unit informed of all action taken and to notify the depot or
equivalent unit by signal of the soldier's estimated time of arrival in the United Kingdom.

e. For a soldier who has been granted the concession of spending their last six months'
service in the United Kingdom, the CO of the unit overseas is to assess the soldier's military
conduct and complete a manuscript testimonial, which is to be sent with the soldier's
documents to the CO of the unit in the United Kingdom for entry in the Certificate of Service
when the soldier is finally terminated.

General Preparation of AFB 108X

9.439. The following general instructions are to be observed in preparing the AFB 108X.

a. All entries are to be completed before the certificate is issued to the soldier.

b. The assessment of military conduct and the testimonial are to be entirely free from
erasure or correction.

9.439A. Reserved.

Unit Responsibilities
9.439B. The unit commanding officer is responsible for completing the AFB 108X. The form is
to be neatly typed and free of erasure and deletion. A copy of the AFB 108X is to be forwarded to
the APC no later than two weeks before the soldier is due to leave the unit.

Completion of AFB 108X

9.439C. Entries on AFB 108X in respect of a warrant officer or NCO of the rank of sergeant or
above are to be written and signed personally by the CO. For a soldier below the rank of sergeant,
the form may be completed by the company or equivalent commander, but in these circumstances
the testimonial, once typed, is to be countersigned by the unit CO. An officer in temporary
command of their unit or sub unit is to sign in their capacity as officer commanding. The entries
are not to be seen or signed by the soldier until they have been signed or countersigned by the unit
CO. AFB 108X should then be franked by the unit stamp.

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9.439D. Military conduct is to be assessed in accordance with paras 9.448 – 9.459. A soldier
terminated under paras 9.396, 9.397 or 9.404 is not to be given an assessment higher than
‘Unsatisfactory'. A soldier terminated under para 9.405 for disciplinary reasons is not to be given
an assessment higher than ‘Satisfactory'.

9.439E. The testimonial is to be written in accordance with paras 9.460 – 9.463. For a soldier
terminated under paras 9.396, 9.397, 9.404 or 9.405 care is to be taken to ensure that statements
in the testimonial do not conflict with the assessment of military conduct.

9.439F. The unit is to ensure that the assessment of military conduct and testimonial has been
read to the soldier who is to sign in the space provided.

9.439G. A soldier terminated with less than six months service or a soldier terminated at any
time solely for the purpose of re-enlistment into the Regular Army or for the purpose of being
appointed to a regular commission is to be given an assessment of military conduct annotated
‘based on ... months service', but is not to be given a testimonial.

9.440. In the case of a soldier terminated for misconduct, dismissed, or dismissed with
disgrace, the cause of termination will be entered in red ink and also written in red ink across the
AFB 108C, or on the face of the other Certificates of Service in the AFB 108 series, and signed by
the authorized officer of the APC. The following endorsement will also be made in red ink:

‘CAUTION. It is a criminal offence knowingly to make a false answer in an attestation paper.

Persons who have been terminated from Her Majesty's forces for misconduct or who have
been dismissed or dismissed with disgrace from those forces are cautioned against
attempting to re-enlist by concealing the circumstances of their termination or dismissal
unless the conviction has become spent by virtue of the Rehabilitation of Offenders Act
1974.’

9.441. A regular reservist who is permitted to re-join the Colours is to be required to surrender
their Certificate of Service (AFB 108(ADP)). If retransfer to the Regular Reserve or termination is
carried out within 12 months of the return to the Colours, the certificate surrendered is to be
returned to the individual and AFB 108B issued for the period served with the Colours since re-
joining. If transfer or termination is carried out after 12 months from their return to the Colours the
Certificate of Service surrendered is to be destroyed and a fresh certificate (AFB 108(ADP))
prepared and issued in respect of the whole of the current engagement.

9.442. When a regular reservist is recalled to the Colours in order to stand trial for an offence
committed during their service with the Colours, their Certificate of Service is to be surrendered. If
the individual is convicted and the sentence affects the assessment of military conduct grading as
laid down in para 9.457, or the testimonial, the surrendered Certificate of Service is to be
destroyed and a fresh certificate (AFB 108(ADP)) prepared and issued to them.

9.443.

a. If, on mobilization, a regular reservist hands their Certificate of Service to the CO at the
place of re-joining, it is to be forwarded to the APC for safe custody. It is to be returned to
the reservist when they again leave the Colours.

b. If the soldier has been mobilized during reserve service, but is not actually mobilized at
the date of termination, the mobilized service is to be recorded in the Certificate of Service as
‘Army service'. The total period of reserve service, irrespective of the section or sections of
the Regular Reserve in which service has been given is to be recorded in the Certificate of
Service as ‘reserve service'.

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9.444. A mobilized regular reservist on retransfer to the Regular Reserve or on termination (if
actually mobilized at the date of termination), who is furnished in accordance with para 9.437 with
AFB 108B to cover the period of mobilized service, is to have their military conduct and their
testimonial assessed on that period of service since re-joining the Colours. Unless the regular
reservist has incurred adverse entries on their disciplinary record the assessment of military
conduct on AFB 108B is not to be lower than the assessment previously awarded, and for this
purpose the time qualifications in para 9.456 will not apply.

9.445. Re-enlisted Soldiers. Only one Certificate of Service will be issued to a soldier on
their transfer to the Regular Reserve or termination. Details of previous engagements are to be
shown on the AFB 108 (Insert). In assessing their military conduct the requirements of para 9.444
are to be observed.

9.446. If the soldier is terminated while in prison or other civil penal establishment, or if
transferred to the Regular Reserve or terminated from the military corrective training centre, the
Certificate of Service is to be sent to the governor or commandant concerned by the SPVA or to be
issued to the soldier. If the soldier is confined in a civil mental hospital the certificate is to be sent
to them through the hospital superintendent.

9.447. Reserved.

Assessment of Military Conduct

9.448. Since it is important to have a uniform system of establishing a soldier's military
conduct during Army service, an assessment of their military conduct is to be made by the CO in
the following terms:

a. Exemplary.

b. Very Good.

c. Satisfactory.

d. Fair.

e. Unsatisfactory.

9.449. The assessment is to be based on the overall conduct of the soldier and is to take into
consideration offences committed by them and recorded on their personal disciplinary record.
Standards required for these assessments are given in para 9.457 and the time qualifications for
soldiers with less than two years’ service are given at para 9.456. Convictions which are spent
under the Rehabilitation of Offenders Act 1974 are not to be taken into account.

9.450. A CO may award an assessment one higher or one lower than that arrived at through
the application of paras 9.454 – 9.457 if there are exceptional reasons for doing so. The CO
should also take into account the nature of any offences of which the soldier has been found guilty
by a court other than a Court Martial which have been entered on their personal disciplinary record
in accordance with Annex H to Chapter 5 and which have not already been taken into account in
establishing the soldier's military conduct as they did not result in punishments shown in para
9.457. The CO is not, however, to award an assessment above ‘Unsatisfactory' to a soldier
terminated for misconduct, dismissed or dismissed with disgrace. Any soldier terminated under
para 9.405 should not be given an assessment higher than ‘Satisfactory'.

9.451. Where an administrative termination under para 9.414 results from a positive drugs
test result then an assessment of ‘Unsatisfactory’ is to be awarded. Those who admit drug abuse

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or refuse to take a compulsory drugs test and are to be terminated under para 9.414 should not be
automatically downgraded but the CO is to consider downgrading under para 9.450.

9.452. Reserved.

9.453. The APC is to be informed if a conduct assessment has been upgraded or downgraded
under the terms of para 9.450 together with the reasons for such action.

9.454. In assessing a soldier's military conduct, only entries in the personal disciplinary record
are to be taken into account.

9.455. A soldier's military conduct is normally to be assessed on their conduct during the
period of their current engagement only. Exceptionally, where a soldier has served continuously or
otherwise on a number of engagements, their military conduct may be assessed over the whole of
their Army service, even though this may include service for which they have already received a
military conduct assessment. This course is to be adopted only where it is to the soldier's
advantage. Where the soldier's conduct is assessed over the whole of their service in this manner,
offences committed during the whole period are also to be taken into account. The rules on spent
convictions and minor punishments in para 9.449 apply.

9.456. In the case of a soldier terminated or transferred to the Regular Reserve who has
completed less than two years’ service the assessment is to be worded:

‘ ____________ based upon ______________ months service'.

Service for this purpose includes any terminal leave granted, and service as a younger soldier
under the age of 17½ years. In assessing the conduct of a soldier with less than two years’ service
the normal standards of conduct shown in para 9.457 are to apply.

9.457. Standards of conduct necessary for the various assessments are given below.
Dispensations from trial and minor punishments or awards which are not subject to rehabilitation
are to be disregarded. Convictions which are spent under the Rehabilitation of Offenders Act 1974
are not to be taken into account. (See AGAI 62, Annex K for detail concerning the application of
the Rehabilitation of Offenders Act 1974.)

a. Exemplary. To be eligible for an assessment of ‘Exemplary’ a soldier must have:

(1) No unspent awards of imprisonment (including a suspended sentence), youth

custody or detention in a young offender’s institution, or other form of detention in a
civilian institution.

(2) No unspent awards of detention (including a suspended sentence).

(3) No reduction in substantive rank on disciplinary or misconduct administrative

grounds.

(4) No case of desertion in which trial has been dispensed with.

(5) No unspent award of dismissal, or dismissal with disgrace, or where any of the
offences of which they have been found guilty by a court involves misconduct of a
nature expressed in para 9.404e.

(6) No unspent award of military or civil fines or community sentences, recorded as a

‘Discipline Entry'.

(7) No Fine of over 7 day’s pay

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(8) No administrative sanction recorded on the personal discipline record.

b. Very Good. To be eligible for an assessment of ‘Very Good’ a soldier must have:

(1) No unspent awards of imprisonment (including a suspended sentence), youth

custody or detention in a young offender’s institution, or other form of detention in a
civilian institution.

(2) No unspent awards, in total of all awards, of detention (including a suspended

sentence) of more than 14 days.

(3) No reduction in substantive rank on disciplinary or misconduct administrative

grounds.

(4) No case of desertion in which trial has been dispensed with.

(5) No unspent award of dismissal, or dismissal with disgrace, or where any of the
offences of which they have been found guilty by a court involves misconduct of a
nature expressed in para 9.404e.

(6) No more than two separate awards of military or civil fines or community
sentences, recorded as a ‘Discipline Entry'.

(7) No Fine of over 14 day’s pay

(8) No administrative sanction recorded on the personal discipline record.

c. Satisfactory. To be eligible for an assessment of ‘Satisfactory’ a soldier must have:

(1) No unspent awards of imprisonment (including a suspended sentence), youth

custody or detention in a young offender’s institution, or other form of detention in a
civilian institution.

(2) No unspent awards, in total of all awards, of detention (including a suspended

sentence) of more than 28 days.

(3) Not been reduced in substantive rank on disciplinary or misconduct

administrative grounds more than once.

(4) No case of desertion in which trial has been dispensed with.

(5) No unspent award of dismissal, or dismissal with disgrace, or where any of the
offences of which they have been found guilty by a court involve misconduct of a
nature expressed in para 9.404e.

(6) No Fine of over 21 day’s pay.

d. Fair. To be eligible for an assessment of ‘Fair' a soldier must have:

(1) No unspent awards of imprisonment (including a suspended sentence), youth

custody or detention in a young offender’s institution, or other form of detention in a
civilian institution.

(2) No unspent awards, in total of all awards, of detention (including a suspended

sentence) of more than 112 days.

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(3) Not been reduced in substantive rank on disciplinary grounds more than once.

(4) No case of desertion in which trial has been dispensed with.

(5) No unspent award of dismissal, or dismissal with disgrace, or where any of the
offences of which they have been found guilty by a court involve misconduct of a
nature expressed in para 9.404e.

e. Unsatisfactory. Covers all whose military conduct is assessed below ‘Fair'.

Note: The assessment ‘Satisfactory’ replaced the assessment ‘Good’ in 1984.

9.458. For soldiers terminated for misconduct, dismissed, or dismissed with disgrace under
paras 9.396, 9.397, 9.404 or 9.405, the restrictions at para 9.450 apply.

9.459. Reserved.

Form of Testimonial
9.460. The object of giving a soldier a character reference in testimonial form is to assist them
to obtain civil employment when they leave the Colours. The character assessment should consist
of a comprehensive statement illustrating the soldier's ability and qualifications and should be so
worded that prospective employers can readily assess the true worth of the soldier. The
testimonial (AFB 108X) is to be written by the CO, or company or equivalent commander, neatly
typed onto the AFB 108X and subsequently signed by them and the soldier. It is to be free from
erasure (see para 9.439b). No reference is to be made in the testimonial to any conviction
whether spent or not under the Rehabilitation of Offenders Act 1974.

9.461. The guiding principle in examining a soldier's documents and in appraising their worth
is to differentiate between their qualifications from the standpoint of the Army and their
qualifications as an individual returning to civil life to seek employment. The testimonial should
therefore contain any information that would show what personal attributes and special
qualifications a soldier possesses which are relevant to employment in civil life. The likelihood of a
reservist or a terminated soldier obtaining civil employment depends partly on the accuracy and the
quality of the testimonial. If soldiers who have been highly recommended are found to be
untrustworthy or unreliable, then employers will lose confidence in such documents. Further, if a
soldier's character has been assessed in terms higher than they deserve, injustice will be done to
other soldier’s whose characters have been truly recorded. The testimonial should therefore, as
far as is practicable, be consistent with the military conduct assessment and the stated cause of
termination. On the other hand if, on account of comparatively trifling irregularities of a purely
military nature, a soldier's testimonial is not worded in such a manner as to commend them to a
prospective employer, their subsequent career in civil life will be prejudiced to the detriment of the
good name of the Service and of recruiting. The responsibility of COs in this respect is therefore
very great.

9.462. The testimonial is to be based on the CO's or company or equivalent commander's

personal knowledge of the soldier and on information supplied by officers under whom the soldier
has served and after careful study of the soldier's documents.

9.463.

a. When anything can truthfully be said in the soldier's favour in regard to trustworthiness,
reliability, sobriety, tact, intelligence, power of command, total abstinence or proficiency in
sport it is to be stated, together with any other qualities that might influence a prospective
employer. Reference to the physical condition of a soldier or any adverse comment thereon

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is in no circumstances to be made in the testimonial. If the soldier has been employed

during their service in any capacity that may be useful in assisting them in obtaining
employment in civil life, this should be stated. Testimony as to their ability to lead, control
and administer soldiers or the value of equipment or stores for which they have been
personally responsible should be included. If they has voluntarily reverted in rank in order to
continue in the Service for a longer career it must be made clear that this in no way reflects
on theirs conduct or efficiency but rather the reverse. For warrant officers and NCOs the
period of service in each rank may often usefully be stated.

b. A provisional testimonial, based on the above guide lines and instructions, is to be

prepared and issued to all soldiers prior to normal release. This testimonial, in typed form, is
to be given to the soldier approximately six months before the due date for release and
should be in their possession when they attend their final Resettlement Board. A copy of the
provisional testimonial is to be retained in the unit documents for reference when preparing
the soldier's Certificate of Service (AFB 108(ADP)). The issue of this provisional testimonial
does not affect the soldier's right under para J5.067 to inform a prospective employer that a
written reference from their CO or other appropriate officer may be obtained on request.

c. When it becomes apparent that a soldier will fail to complete their engagement on
medical, disciplinary, administrative or voluntary grounds, the unit is to inform the APC. The
unit is to complete the action detailed in para 9.439B and forward the AFB 108X with the
appropriate termination documentation.

d. When a soldier is being terminated as a result of the misuse of drugs the following is to
be included on the AFB 108X. In the case of a positive CDT the wording ‘‘Service
terminated for a positive drug test in respect of a X class drug’ is used in all cases. In the
case of those who admit the misuse of drugs, ie those who are not positive above cut off
level on a CDT the wording ‘Service terminated following the admission of taking a X class
drug’.

Loss of, Damage to, or Tampering with Certificates of Service

9.464. A duplicate of AFB 108(ADP) or AFB 108B is not to be issued in normal
circumstances: a warning to this effect is printed on each certificate. The only exception to this rule
is in the event of an AFB 108(ADP) becoming lost in the post in transit between the APC and the
former soldier. In this case the relevant Career Management Branch APC is to confirm the loss
with the Royal Mail and then authorize the issue of a replacement AFB 108(ADP). In all other
cases of loss, provided the reservist or former soldier can prove and makes a statutory declaration
on AFD 465 that any of the above mentioned certificates have been lost through circumstances
beyond their control, the Parliamentary and Disclosures Branch APC is to furnish them with
AFB 108A (brief extract of service in letter form). Should a certificate be lost a prospective
employer may, with the written consent of the reservist or ex-soldier, refer to the Parliamentary and
Disclosures Branch APC who are to supply such information regarding the conduct and character
as is recorded in the soldier's documents.

9.465. Should a reservist or ex-soldier be unable to make a statutory declaration (eg when
residing abroad) their case is to be dealt with by the APC who will decide whether AFB 108A
should be issued. If there is any doubt about a case it is to be submitted to the DM(A) with full
details for decision.

9.466. If, in the opinion of the Parliamentary and Disclosures Branch APC the regular reservist
or ex-soldier will suffer undue hardship through the replacement of their Certificate of Service only
by AFB 108A, a full statement of the case is to be submitted to the DM(A) who may then authorize
the issue of a duplicate AFB 108(ADP).

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9.467. Should a reservist or ex-soldier make an application for a new Certificate of Service on
the grounds that the one that was issued to them has become damaged, torn or burnt through fair
wear or accident, and if, from an inspection of the certificate the APC is satisfied that it has been so
damaged and further, if from an examination of the soldier's documents the relevant Career
Management Branch APC is satisfied that the certificate has not been wilfully mutilated either with
fraudulent intent or to conceal any adverse entry they may, subject to para 9.465, issue AFB 108A
in lieu.

9.468. When it is discovered that a Certificate of Service has been tampered with, either by
the addition or erasure of entries, or in any other manner, the certificate is to be endorsed in red ink
as follows:

a. Inside front cover - ‘This certificate has been tampered with'.

b. On the page which has been tampered with - ‘The information on this page has been
tampered with'.

c. Endorsements are to be signed on each page by the APC. Where practicable, some
indication should be made of the inaccuracy of the certificates, eg if the assessment of
military conduct has been altered from ‘Unsatisfactory' to ‘Satisfactory' further endorsement
should be made as follows - ‘The entry against military conduct should read ‘Unsatisfactory’.

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Section 7 - Resettlement Matters

J9.469.

a. The resettlement service is designed to give assistance to all officers, ratings, soldiers
and airmen with their resettlement in civilian life. Details of the service are given in JSP -
534, The Tri-Service Resettlement and Employment Support Manual and any further
information may be obtained from Service educational authorities.

b. The resettlement service:

(1) Provides for all ranks information and advice on all matters affecting their
resettlement.

(2) Emphasizes the need to prepare for eventual return to civilian life by use of the
educational and training facilities provided during Service life and after leaving the
Service.

(3) Provides personal resettlement interviews for officers, ratings, soldiers and
airmen.

c. COs are responsible for ensuring that information and advice on all aspects of
resettlement in civil life are available to all ranks at any time during their service.

National Insurance
J9.470. Service personnel are insurable under the Social Security Act but pay earnings related
contributions at special reduced rates. During service they and their families are eligible for most
of the social security benefits or for broadly equivalent benefits under Service arrangements. On
return to civil life contributions paid during service will reckon in full for the normal benefits. Details
of contributions rates, benefits and the procedure for claims are published in Defence Council
Instructions or other regulations.

Appointments to Her Majesty's Body Guard of the Yeoman of The Guard and
as Yeoman Warders of the Tower of London Sponsor (Joint): MS Hons Hd

J9.471. Yeoman of the Guard. Candidates for appointment are to be serving or terminated
male warrant officers, or senior NCOs, of the Royal Marines, Regular Army or Royal Air Force who
have completed at least 22 years pensionable service. Details of conditions and method of
application are contained in Annex H(J) to this Chapter. COs are to bring this regulation to the
notice of eligible candidates at regular intervals.

J9.472. Yeoman Warders of the Tower of London. The Constable of the Tower of London
is the authority for appointing Yeoman Warders. Candidates for appointment are to be former
warrant officers or senior NCOs above the rank of sergeant or equivalent of the Royal Navy, Royal
Marines, British Regular Army or Royal Air Force. In very exceptional circumstances of
distinguished service sergeants or equivalent may be considered. Details of conditions and
method of application are in Annex H(J) to this Chapter. COs are to bring this regulation to the
notice of eligible candidates at regular intervals.

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In-Pensioners Royal Hospital Chelsea

J9.473. Terminated warrant officers and NCOs and soldiers of the Regular Army with either a
long service or disability pension may be considered for admission to the Royal Hospital, Chelsea
as In-Pensioners.

J9.474. Details of conditions and method of application are contained in Annex L to this
Chapter.

J9.475 - J9.477. Reserved.

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PART 7 - RESERVES

Regular Reserve
9.478. Compulsory Liability. The liability for service in the Regular Reserve for soldiers who
terminate their Colour service, other than as recruits, is as follows:

a. For men, but not women, who enlisted on or transferred to the Notice Engagement on
or after 1 January 1986 or who joined on the Open Engagement on or after 1 January 1991,
who terminate their Colour service before the completion of their engagement their Regular
Reserve service is to be six years or the balance of 22 years, whichever is the lesser.
Servicemen enlisted for Home Service have no reserve liability.

b. For women who enlisted on or transferred to the Notice Engagement on or after

1 January 1987 or who joined on the Open Engagement on or after 1 January 1991, who
terminate their Colour service before the completion of their engagement, their Regular
Reserve service is to be six years or the balance of 22 years, whichever is the lesser.
Servicewomen enlisted for Home Service have no reserve liability.

c. For soldiers who enlisted on V Eng on or after 1 January 2008, who terminate their
Colour service before the completion of their engagement, their Regular Reserve Service is
to be six years or the balance of their engagement, whichever is the lesser.

The statutory authority for the above is the Army Terms of Service Regulations 1992, Regulation
12 and the Army Terms of Service Regulations 2007, Regulation 13. The following categories will
not be required on the Regular Reserve:

a. Women terminated from Colour service under para 9.395 ‘Free on Family Grounds'.

b. Women on the Regular Reserve who subsequently become pregnant. Such women
are to inform the relevant Career Management Branch APC who will authorize their
termination from the Reserve.

c. Soldiers who complete a short service Type S engagement. However, soldiers serving
on an Type S engagement who have completed at least three years reckonable service and
who subsequently end their Colour service on transfer by premature voluntary release (PVR)
will be required to serve in the Regular Reserve for the balance of their engagement to
complete 12 years’ service in all.

d. Soldiers serving on a Special Type S engagement unless the soldier extends their
service and thus completes three or more years' Colour service, in which case they are
required to serve the balance of 12 years in the Regular Reserve.

9.479. Any soldier under the age of 18 years whose Colour service is to be terminated for any
reason is to be terminated and is not to be transferred to the Regular Reserve.

9.480. Voluntary Service. On completion of Colour service, and Regular Reserve service or
Army Reserve service if applicable, all ex-soldiers, may volunteer to enlist in the Regular Reserve
Section D. Soldiers enlisted for Home Service may not volunteer for enlistment in the Regular
Reserve Section D.

9.481. On transfer to or enlistment in the Regular Reserve a soldier is to be subject to The

Reserve Land Forces Regulations, Part 2 (AC 72030).

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Recall For Service

9.482. Reserve Forces Act 1980. All male soldiers (but not female soldiers) enlisted on or
after 28 February 1964 and who have completed their Colour and Regular Reserve service and
are not members of any other Reserve have a liability for recall in an emergency until they attain
the age of 45 under the provisions of the Reserve Forces Act 1980. It includes male soldiers who
have completed three or more years colour service on an Type S Engagement or Special Type S
engagement. It also includes men who have terminated their Colour service by premature
voluntary release on payment or for any other reasons other than the exceptions stated below:

a. A man in any of the following categories is not liable or eligible for service in the Long
Term Reserve:

(1) Having claimed their termination as a statutory right under the provisions of:

(a) The Army Act 1955, section 14.

(b) The Armed Forces (Discharge by Purchase) Regulations 1968.

(c) The Army Terms of Service Regulations 1992, Regulations 6 and 7.

(2) Having been granted a commission.

(3) Being a member of the Armed Forces of the Crown (including Reserves).

(4) Being liable to recall under Section 31 of the Reserve Forces Act 1981.

(5) In addition to the exceptions given above the liability may be relaxed on the
authority of the DM(A) and the APC.

9.483. Reserve Forces Act 1996. All soldiers enlisted after 1 April 1997 will have a total
reserve liability, on completion of their colour service, of 18 years or until the age of 55 whichever
is the lesser. On completion of compulsory or voluntary service in the Regular Reserve, or service
in the Volunteer Reserve the balance of this service will be on the Long Term Reserve.

a. Soldiers enlisted before 1 April 1997 will not have their reserve liability altered unless
they volunteer to become subject to the provisions of the Reserve Forces Act 1996.

b. Soldiers may not have a Reserve liability and may not be permitted to join the
Volunteer Reserve if terminated under particular paragraphs of QR(Army), Chapter 9, Part 6.

c. Officers completing Regular Service under the Promotions and Appointments Warrant
Section 181-183 will have a Reserve liability; those terminated under 190-196 may not have
a Reserve liability and may not be able to join the Volunteer Reserve.

d. A soldier in any of the following categories is not liable or eligible for service in the Long
Term Reserve:

(1) Having claimed their termination as a statutory right under the provisions of:

(a) The Army Terms of Service Regulations 1992, Regulations 6 and 7.

(b) The Army Terms of Service Regulations 2007, Regulation 11.

(2) Having been granted a commission.

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(3) Being a member of the Armed Forces of the Crown (including Reserves).

(4) Being liable to recall under Section 31 of the Reserve Forces Act 1980.

(5) In addition to the exceptions above the liability may be relaxed on the authority of
the DM(A) and the APC.

Pensioners
9.484. Soldiers who are in receipt of a service pension have a liability to be recalled in the
event of imminent national danger or great emergency, or to defend the United Kingdom against
attack, until the age of 60.

Voluntary Reserves
9.485. Army Reserve. Opportunities for service in or attachment to the Army Reserve are
open to all soldiers on completion of their Colour service, and normally before the end of their
service in the Regular Reserve. Details regarding enlistments or attachments of regular reservists
are given in the Reserve Land Forces Regulations 2016 (AC 72030).

9.486 - 9.999. Reserved.

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ANNEX A TO CHAPTER 9
RULES FOR DETERMINING THE AGES OF OFFICERS AND SOLDIERS, FOR
OFFICIAL PURPOSES
(PARAS 9.002 AND 9.072 REFER)

Officers
1. The official age of a Regular Army, Army Reserve or Reserve officer is to be determined as
follows:

a. For those commissioned from the ranks whose first attestation was before 1 January
1962 - from the official date of birth declared on the first attestation of any kind.

b. Except for those covered by sub-para a above, from the date of birth on the birth
certificate. If it is officially confirmed by the appropriate authorities that there is no trace of a
birth certificate having existed then the date of birth given on a passport or other officially
recognized document is to be accepted.

Adult Soldiers
2. Before 1 January 1962 the age declared by a recruit on first attestation for the Regular Army,
Royal Marines, Army Reserve, Supplementary Reserve, Army Emergency Reserve, Territorial
Army or TAVR is taken to be the official age for that or any subsequent enlistment into any of those
forces, subject to:

a. The exceptions given in para 3.

b. The age recorded having actually been declared by the recruit and not being merely a
record of their apparent age.

3. The following are the exceptions to the general rule stated in para 2:

a. In certain circumstances which are specified in the appropriate regulations and

instructions, age is to be determined from the soldier's birth certificate.

b. Where a recruit on enlistment or re-enlistment into the Regular Army declares their age
to be under the minimum age for adult service, their official age is to be determined from the
particulars shown on their birth certificate and no account is to be taken of the age declared
on any previous attestation.

Notes:

(1) The minimum age for adult service was reduced from 18 years to 17 years and
six months in April 1939.

(2) The Army Act 1955, section 2(5), provides that the expression ‘appropriate
minimum age' means the age of 18, unless for a particular class a lower age is for the
time being prescribed. For the Brigade of Gurkhas, the age of 17 years has been
prescribed.

c. In cases of re-enlistment after discharge from the Regular Forces as a result of an

under-age enlistment, the official age is to be determined from the particulars shown on the
birth certificate.

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d. Where a soldier first joined the Royal Navy or Royal Air Force under the age of 18 and
any portion of their service therein is reckonable for Army pension, the official age is to be
that which was accepted in the Royal Navy or the Royal Air Force.

4. From 1 January 1962 the use of birth certificate ages for official military purposes is applied
to all entrants for the Regular Army and Army Reserve, subject to the following exceptions:

a. Entrants who have had previous service, to whom the rules in paras 2 and 3 will apply.

b. Where a recruit is unable to produce their birth certificate on enlistment, evidence of

date of birth contained in a passport will be accepted in lieu.

c. Where a recruit born in England, Scotland, Wales or Northern Ireland is unable to

produce either a birth certificate or a passport containing the date of their birth, application is
to be made for details of birth to the appropriate Registrar General.

d. If evidence of birth is not obtainable in any other way a Statutory Declaration, made by
a responsible person in support of the recruit's statement of age, is if possible to be obtained.

Soldiers Under the Age of 17½

5. The official age of soldiers under the age of 17½ will be determined by their birth certificates.

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ANNEX B TO CHAPTER 9
SPECIAL APPOINTMENTS
(PARAS 9.003 REFER)

Part 1 - Appointment to HM Tower of London and The Royal Hospital, Chelsea

HM Tower of London
1. Constable. Conferred on field marshals or retired general officers. The term of appointment
is for five years and is not normally extendable.

2. Lieutenant. Conferred on a retired general officer. The term of appointment is for three
years and is not normally extendable.

3. Major and Resident Governor and Keeper of the Jewel House. This appointment may be
filled by a retired major general, brigadier, colonel or lieutenant colonel in open competition with
civilians. The term of appointment is initially for five years but may be extended.

The Royal Hospital, Chelsea

4. Governor. Conferred on field marshals or retired general officers. The term of appointment
is for five years but this may be extended.

5. Lieutenant Governor. Conferred on retired major generals. The term of appointment is

initially for five years but this may be extended.

Part 2 - Conditions for Appointment to Her Majesty's Body Guard, as a

Military Knight of Windsor and as a Captain of Invalids
1. Applications from officers who wish to have their names placed on the list of candidates for
appointment, after retirement, to Her Majesty's Body Guard of the Honourable Corps of
Gentlemen-at-Arms, as Exons in the Queen's Body Guard of the Yeoman of the Guard, as Military
Knights of Windsor and Captains of Invalids are to be addressed to the Ministry of Defence (MS1).

Conditions
2. Her Majesty's Body Guard of the Honourable Corps of Gentlemen-at-Arms.

a. On appointment a candidate must be:

(1) A retired regular officer in the rank of Major or above.

(2) Aged between 50 and 52. In exceptional circumstances officers may be

appointed up to the age of 56.

(3) Not less than 5ft 8in height without footwear.

b. Vacancies are filled by Her Majesty, on the recommendation of the Captain of the
Corps, from a list of officers of long and meritorious service kept at the Ministry of Defence.
Officers may register for appointment after reaching the rank of Major.

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3. Exon in the Queen's Body Guard of the Yeomen of the Guard.

a. A candidate must be:

(1) A retired regular officer.

(2) Not over 55 years of age on appointment.

(3) Not less than 5ft 10in in height (measured without boots).

b. Vacancies are filled by Her Majesty, on the recommendation of the Captain of the
Queen's Body Guard, from a list of officers of long and good service kept at the Ministry of
Defence.

4. Military Knight of Windsor.

a. Applicants for registration on the list of candidates for appointment are normally
selected from commissioned Army officers or those with previous military experience who
have given exceptional personal service to the Sovereign. At the time of registration an
applicant should be under 67 years of age. Applicants, who should be married, are entitled
to accommodation within the precincts of Windsor Castle. A small stipend is payable. On
appointment a Military Knight receives a free issue of full dress uniform.

b. Before registration, candidates for appointment will be required to attend a Ministry of

Defence Selection Board, but registration by this Board does not imply selection to fill any
vacancy. Selection, which is the Sovereign's prerogative, is dependent inter alia on their
being a vacancy and upon passing a comprehensive medical examination.

c. Applications may be addressed to the Ministry of Defence (MS Honours). Requests by

those still serving may similarly be forwarded, through the next superior headquarters, to the
Ministry of Defence (MS Honours).

5. Captain of Invalids.

a. The establishment of the Royal Hospital includes five Captains of Invalids who are
selected from officers on the retired list not above the rank of substantive colonel, preference
being given to those who have been disabled by military service. The appointment is for
10 years in the first instance but the appointment is renewable at the discretion of the
Commissioners of the Hospital who also have the power to remove a Captain of Invalids at
any time for misconduct.

b. Their duties are generally to attend to the discipline and welfare of the Company of In-
Pensioners of which each one is in charge, to act as the week's Captain in Waiting in their
turn and to perform such other duties as the Governor may direct. Captains of Invalids are
required to reside in the Royal Hospital and unfurnished quarters, with carpets and curtains
and a generous allowance of fuel and light are provided. Details of the salary may be
obtained from the Ministry of Defence (MS1).

c. Ideally a candidate should be about 50, but not more than 60 years of age. On
reaching the age of 70 they would have to relinquish their appointment.

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ANNEX C TO CHAPTER 9
RULES FOR THE RETENTION OF SUBSTANTIVE RANK AND THE GRANT
AND RETENTION OF HONORARY RANK BY OFFICERS OF THE REGULAR
ARMY ON LEAVING THE ACTIVE LIST
(PARAS 9.026 REFER)
1. General. This Annex lays down the current rules for the retention of substantive rank and
the grant and retention of honorary rank by officers of the Regular Army who leave the active list.

2. Retention of substantive rank.

a. Regular officers who are eligible by length of service for retired pay, or who retires on
account of ill health having been reported by the approved medical authority as being unfit
for military service through no fault of their own, will retain their substantive rank on
retirement.

b. A short service officer who qualifies for the full rate of retired pay applicable to a regular
officer will similarly retain their substantive rank on retirement.

c. Retired officers will forfeit their rank and status when directed, under the power of the
Defence Council to do so, after conviction by a civil power where said conviction results in a
custodial sentence.

Grant of Honorary Rank

3. Regular or short service officers who retires on retired pay and who will retain their
substantive rank under para 2 may be granted the honorary rank equivalent to the highest acting
rank which they haves held, provided that the acting rank was held for an aggregate period of six
months.

4. Short service or extended service officers who does not qualify under para 2b above but who
have completed 10 or more years commissioned service on the active list of the Regular Army will,
on retiring from their commission, be granted honorary rank equivalent to either the substantive
rank which they held on leaving the Army or the highest acting rank which they have held, provided
that this acting rank was held for an aggregate period of six months.

5. The period of six months referred to in paras 3 and 4 may be disregarded if the officer's
service in the acting rank was terminated by attributable wounds or sickness which involved
absence from duty and subsequent unemployment or cessation of service on the active list.

6. Any period during which acting rank is held whilst an officer is seconded or loaned to another
Department or Service (including a Commonwealth, Overseas Territories or Associated Force), will
count under paras 3 and 4.

7. Local (Unpaid) rank does not qualify an officer for the grant of honorary rank, but in very
special circumstances, to be determined by the Defence Council, officers may be granted honorary
rank equivalent to their local (Unpaid) rank.

8. The grant of honorary rank is subject to the officer concerned having given satisfactory
service throughout their career.

9. The grant of honorary rank will be notified in the London Gazette, but officers who receive
official notification in writing from the Ministry of Defence intimating of the grant of honorary rank
may assume that rank if they so desire pending and subject to confirmation in the London Gazette.

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Relinquishment of Honorary Rank

10. Honorary rank will be suspended automatically when an officer is re-employed on the active
list of the Regular Army, in the Army Reserve or in another force or in another Service or on
enlistment into the ranks. At the end of any such service the honorary rank so suspended may be
restored unless the officer has been directed to retire or resign their commission or qualified for a
higher honorary rank during that service, when the higher honorary rank may be granted.

11. Officers may be deprived of their honorary rank on conviction by the civil power or at the
discretion of the Defence Council. A report of misconduct by an officer holding honorary rank may
be submitted to the Army Board using the procedures of AGAI 67.

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ANNEX D TO CHAPTER 9
SPECIMEN REPORT AND LETTER REQUIRED IN CERTAIN CASES OF
DISCHARGE
(PARA 9.340 REFERS)
1. Report. Report to be rendered in the case of discharge of a soldier (for any cause) who
enlisted from a Community Home (see para 9.340).

Sir,
It is intended to discharge from the Army the soldier described below who enlisted from a
Community Home.

Army No ________________________ Surname _________________________

Christian or Fore Names _______________________________

Unit and Corps _______________________________

Establishment from which enlisted _________________________________________

_____________________________________________________________________

Date of enlistment _______________________________________________________

Cause of discharge _______________________________________________

Proposed date of discharge _______________________________________

You are requested to notify me within seven days of receipt of this letter of any wishes that you
may have concerning the destination of the above named soldier on discharge.

If no reply is received by ______________ (insert date) the soldier will be sent to the following
address ____________________________________

Place ____________________________

Date ____________________ Officer Commanding Unit ________________________

2. Letter. Letter to be sent by the officer commanding the unit to the parent or legal guardian in
the case of a soldier under 18 years of age or an apprentice tradesman over that age who is to be
discharged for any cause (see paras 9.339 – 9.340).

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Sir/Madam

I am writing to inform you that it is proposed to discharge your son/ward1

___________________________________ from the Regular Army on2 _______________

The reason for the proposed discharged is3 ___________________________________________

Please notify me, within seven days of receipt of this letter, where you wish your son/ward to be
sent on discharge.

1
Enter Army number, rank, Christian / Forenames, Surname, Unit and Corps.
2
Enter proposed date of discharge.
3
Enter reason for discharge.

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ANNEX E TO CHAPTER 9
TERMS OF SERVICE - TYPES OF ENGAGEMENT

1. The Versatile Engagement

a. From 1 January 2008 the Versatile Engagement replaced the Open Engagement for
new Army entrants enlisting on or after that date.

b. Short Career. The Short Career is an engagement lasting 12 years from the date of
enlistment. Personnel will have the opportunity to convert to a Full Career if they meet the
conversion criteria and a manning requirement exists.

c. Full Career. A term of 24 years from the date of enlistment. Personnel will have the
opportunity to convert to a Long Career, if they meet the conversion criteria and a manning
requirement exists.

d. Long Career. A term initially of 30 years from the date of enlistment. Personnel will
have an opportunity to extend their service beyond 30 years if they meet the relevant criteria
and a manning requirement exists. This extended service will normally be granted in six year
periods up to the NRA of 60 years.

e. Individuals will only progress to the next Career stage if the Army deems them to be
suitable and they have either the skill set or potential to meet the manning requirement.
Soldiers meeting the minimum criteria to convert will be boarded and the required number
graded above a quality line will be selected and offered conversion to the next stage.

f. From 1 January 2008 to 31 July 2008 soldiers under the age of 18 years enter on the
Versatile Engagement – Short Career with the right, after completion of at least three years’
service from the relevant date, to give 12 months’ notice to leave the Army. The relevant
date in this context is the date of attestation.

g. From 1 August 2008 soldiers under the age of 18 years enter on the Versatile
Engagement – Short Career service to the age of 18 years and thereafter for the balance of
12 years from the relevant date with the right to give 12 months’ notice to leave the Army
after the completion of at least three years’ service from the age of 18 years. The relevant
date in this context is the date of attestation.

h. From 1 January 2008 soldiers over the age of 18 years enter on the Versatile
Engagement – Short Career with the right, after completion of at least three years’ service
from the relevant date, to give 12 months’ notice to leave the Army. The relevant date in this
context is the date of attestation.

2. The Open Engagement.

a. From 1 January 1991 soldiers between the ages of 16 and 17½ enter on the Open
Engagement - service to age 18 and thereafter for a period of 22 years’ service with the right
to give 12 months’ notice to leave the Army after completion of at least two years’ service
from age 18.

b. From 1 January 1991 soldiers aged 17½ or over enter on the Open Engagement -
service for 22 years from age 18 or date of entry if later with the right, after completion of at
least two years’ service from the relevant date, to give 12 months’ notice to leave the Army.
The relevant date in this context is age 18 or three calendar months from attestation,
whichever is later.

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c. From 1 November 1999 soldiers between the ages of 16 and 17 years nine months
enter on the Open Engagement - service to age 18 and thereafter for a period of 22 years’
service with the right to give 12 months’ notice to leave the Army after completion of at least
three years’ service from age 18.

d. From 1 November 1999 soldiers aged 17 years nine months or over enter on the Open
Engagement - service for 22 years from 18 or date of entry if later with the right, after
completion of at least three years’ service from the relevant date, to give 12 months’ notice to
leave the Army. The relevant date in this context is three calendar months from attestation.

There may be a liability for service on the Regular Reserve. See Part 7, para 9.478.

3. The Notice Engagement.

a. The Notice Engagement applied to all soldiers who enlisted on this engagement
between 1 May 1972 and 31 December 1990. It was for a period of 22 years reckoned from
the relevant date, which was defined as the date of attestation, or 18th birthday, whichever
was the later. Service from this date is known as ‘reckonable service'.

b. This engagement was not open to men enlisting into the Brigade of Gurkhas or for local
service in Hong Kong.

c. Under the provisions of the Army Terms of Service Regulations 1992, Regulation 5, a
soldier enlisted on the Notice Engagement had the right initially to terminate their colour
service at the end of three years reckonable service, provided that 12 months’ notice was
given under Regulation 5 of those regulations. For all women enlisted on the Notice
Engagement 12 months’ notice was given under the same regulation for those who wish to
terminate their Colour service at the end of three years reckonable service. In the case of a
woman enlisted for training as a state registered or state enrolled nurse the period was four
years reckonable service.

d. On enlistment a soldier was required or may have been permitted to waive his right
under Army Terms of Service Regulations, Regulation 10, to leave the Colours at the end of
the three or four year period, as applicable, for the reasons as shown below:

(1) Men, ie male persons aged 17½ years or over:

(a) If on final approval of his enlistment a man had been accepted for training
in an employment that would attract Band 2 or Band 3 rates of pay he had to
commit himself to a minimum of six years Colour service, reckoned from the
relevant date.

(b) Irrespective of the training he wished to undertake a soldier could apply to

commit himself to either six or nine years, reckoned from the relevant date for
Scale B or Scale C rates of pay as applicable.

(2) Young Soldiers, i.e. A male person enlisted between the day when he attained
the age of 17 and the day before he reached 17 years and six months of age.

A Young Soldier could commit himself to further Colour service as in sub-para e(1).

(3) Junior entrants were enlisted into one of the following groups:

Group 1. Apprentice.
Group 2. Junior Bandsmen.
Group 3. Junior Leader.

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Group 4. Other Junior Soldiers.

(a) A Junior Entrant finally approved for enlistment in either Group 1 or 2 was
required, for the benefit of the training that he was to receive, to commit
themselves to nine years Colour service, reckoned from their 18th birthday.

(b) A Junior entrant finally approved for enlistment in Group 3 or 4 was

required, for the benefit of the training they were to receive, to commit
themselves to six years Colour service, reckoned from their 18th birthday.
Alternatively, if he wished to receive Scale C rates of pay they could apply to
commit themselves to nine years Colour service, reckoned from their 18th
birthday.

4. The 22 Year Service Engagement.

a. A period of 22 years Army service with the right to be transferred to the Regular
Reserve at the end of 3, 6 or years reckonable service and the right to be discharged at the
end of 12 years reckonable service and at the end of any succeeding period of 3 years
reckonable service. Men who leave the Colours after 3, 6 or 9 years reckonable service are
required to serve in the Regular Reserve for 4, 6 or 3 years respectively. Those discharged
after 12 years reckonable service are not required to serve in the Regular Reserve.

b. This engagement was replace by the Notice Engagement on 1 May 1972.

5. Short Service Engagements.

a. The Type S Engagement. This may be a fixed period of Colour service of six months
or any complete period of years from 1-12 inclusive. This enlistment is open to applicants
other than those enlisted into the Brigade of Gurkhas. A person should be enlisted on this
engagement only if ineligible for enlistment on the Versatile Engagement by reason of age,
length of previous service or any other cause. Potential Officer Candidates are enlisted on
this engagement. See Annex F regarding termination of service for Potential Officer
Candidates.

b. The Special Type S Engagement. The special Type S Engagement allows a limited
number of Army Reserve soldiers to serve an engagement of one year in the Regular Army.

c. The Type O Engagement. This enlistment was for a fixed period of Colour service of
up to six years from the relevant date. It was limited to applicants who are specifically
enlisting as potential officers (this engagement ceased with effect 1 January 2007).

d. The Type Y Engagement. This was for applicants aged between 16 years and
19 years seven months who enlisted for a period of one or two years Colour service
dependent on the period they have completed within the full time civilian education system.
The enlistment dated from the day they joined training units for full time paid duty. A person
enlisted on this engagement could give 14 days’ notice at any time (this engagement is no
longer used).

e. The Type R Engagement. A period of three years with the Colours. This enlistment
was limited to persons who were enlisted for local service as a recruiter or for any other
special employment (this engagement ceased to be with effect June 1992).

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6. Local Service Engagement.

a. The Military Local Service Engagement (MLSE). Introduced on 1 January 1997 the
MLSE provides for the enlistment of persons over the age of 18 years for a period of three
years Colour service reckoned from the date of enlistment. An MLSE soldier restricts their
service to a particular area of the United Kingdom. Those enlisted on this engagement may
apply to re-engage for further 3-year periods up to the age of 55 years.

b. MLSE soldiers may give 90 days’ notice of their wish to be terminated provided that at
their date of termination they will have completed at least one year’s service or two if the
soldier had to undertake a course of military training upon enlistment of not less than
10 weeks duration. Service on MLSE incurs no Reserve liability. Currently only used for
AGC(MPGS).

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ANNEX F TO CHAPTER 9
RULES FOR DISCHARGE FOR SOLDIERS ON TYPE S ENGAGEMENTS AND
OFFICER CADETS AT THE ROYAL MILITARY ACADEMY SANDHURST
(PARAS 9.379 AND 9.414 REFER)
1. Free Discharge.

a. A soldier who has been enlisted on an Type S engagement or is an officer cadet at

RMA Sandhurst may be granted a free discharge from this engagement should they:

(1) Fail to pass a Unit Selection Board;

(2) Fail to obtain a recommendation for a commission at an Army Officer Selection

Board (ASOB);

(3) Fail to pass an educational course at the college of Military Education and
Training Services.

(4) Fail to complete the training for a Regular Army commission.

(5) Decide to participate in a civilian element of the post-Welbeck College gap

scheme outside United Kingdom or Germany.

b. Alternatively, cadets on Type S engagements may be given the option of converting to

the Versatile engagement.

c. A free discharge may also be given to a soldier selected for and entering into an
agreement to accept an Army Bursary. This discharge is given on the understanding that the
potential Army Bursar is required to give a formal undertaking of accepting the conditions of
the bursary. If so discharge will be effective from the date of the formal acceptance.

d. Financial obligation of parents. The rules promulgated above do not in any way
absolve the parents or guardians of those who have been Army scholars or Welbexians from
repaying any sums related to their tuition and maintenance at school or at Welbeck as
assessed by the Secretary of State in accordance with the undertaking entered into by them
when the entrant was accepted as a scholar or as a Welbexian.

e. Application for discharge is to be made on AFB 130. Unit Admins are to raise the
termination through JPA Workflow.

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Intentionally blank

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ANNEX G TO CHAPTER 9
PROCEDURE FOR APPLICATIONS FOR PREMATURE VOLUNTARY RELEASE
(PARA 9.422 REFERS)
(Not applicable to soldiers serving on the Open Engagement or Versatile Engagement).

1. Applications for premature voluntary release are to be made by soldiers on AFB 132A. On
receipt of such application the CO is to ascertain, by signal from APC, whether or not the soldier is
in a restricted category under para 9.416 and the relevant purchase costs if applicable.

2. If it is confirmed that the soldier is not restricted then the required purchase costs, and
passage money where applicable, are to be paid into the unit imprest account and a receipt for the
same given to the soldier. The receipt is to stress that the money has been accepted on deposit
only and in no way means that the release of the soldier will be authorized. Should the soldier not
be able to pay the costs into the imprest account then they are to be informed that their application
will not be processed further. The soldier should be warned by the CO that should they wish to
withdraw the application subsequently, this may be refused by the APC. If the APC approves the
withdrawal of the application, the purchase costs will be refunded immediately.

3. Once the purchase costs have been paid into the imprest account, and bank clearance
obtained as necessary, the soldier's application is to be sent to the APC who are to arrange, for
Parts 1 and 2 of AFB 132 to be completed in triplicate and sent to the unit.

4. If the soldier is in a restricted category but the CO considers that there are grounds, or that it
is in the interest of the Service, for a waiver of the restriction to be granted, then the process
outlined in para 2 is to be followed and the soldier's application, with supporting evidence and
AFB 132, should be sent to DM(A), through staff channels.

5. If the soldier wishes to be released overseas, the procedure at para 9.316 is to be followed.

6. Attention is drawn to paras 9.339 – 9.340 as to the action required before the release of
soldiers under the age of 18, apprentices and those under 19 who were enlisted from community
homes.

7. On receipt of AFB 132 the CO is to arrange for Parts 3, 4 and 5 to be completed. AFB 132
is then to be processed according to the instructions at the head of the form and the soldier
released, if serving in the United Kingdom, or returned to their depot or equivalent unit for release,
if serving overseas. Once clearance for release has been obtained, the termination is to be
completed with the minimum of delay. Unit Admins are to raise the termination through JPA
Workflow.

8. Should the CO wish to retain the soldier under para 9.418, then the following instructions
apply:

a. Deferments - If the CO considers that it is essential in the interest of the Service for the
soldier's release to be deferred then the application should be referred to the brigade, or
equivalent commander, in accordance with para 9.418. The soldier is to be informed of the
situation and of a likely release date.

9. Applications for release free of cost on compassionate grounds are to be processed in

accordance with paras 9.423 – 9.424. Where the soldier's CO considers that insufficient grounds
exist for recommending the application, the soldier is to be informed accordingly. When it is
considered that sufficient grounds do exist the AFB 132A is to be forwarded to the APC as soon as
possible. When the AFB 132 is received by the CO, Part 3 is to be completed and the form,

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together with a copy of the AFB 132A and all supporting evidence to be forwarded to the GOC
division or district for consideration and action as in para 9.423a.

10. When a soldier serving overseas is to be terminated from their depot or equivalent unit, then
as soon as premature voluntary release has been authorized the soldier is to be sent to that unit.
The soldier's unit documents including medical documents and a copy of AFB 132 completed at
Sections 5 and 6 are also to be sent to the terminating depot or equivalent unit without delay.
Transfer to the Regular Reserve or termination is to be carried out by the officer commanding the
depot as soon as possible after the soldier's arrival. When the soldier applies to reside abroad, the
commanding officer is to ensure that the provision of paras 9.316 – 9.317 are complied with before
transfer to the Regular Reserve or termination is effected.

11. The following special provisions are to apply when a soldier is on leave from a unit stationed
outside the United Kingdom. This course of action is only to be pursued when there is evidence of
exceptional compassionate circumstances that cannot wait until the soldier's return to their unit.

a. A soldier on leave from a unit in Germany, Holland, Belgium or Luxembourg who

wishes to apply for premature voluntary release is to apply in writing to their CO (application
by Proxy through JPAC).

b. A soldier who, after leaving a unit stationed other than in the countries listed at sub
para 11a, and when on leave in the United Kingdom or the Irish Republic, decides to apply
for premature voluntary release may do so, in writing, to the APC (application by Proxy
through JPAC). Such applications must reach the APC not later than 10 days before the
date of re- emplaning. Applications submitted within 10 days of re-emplaning are not to be
considered unless accompanied by evidence of extreme compassionate circumstances. The
APC is to signal the soldier's unit asking if the CO has any objection to the soldier being
assigned to the depot or equivalent unit concerned so that their application may be speedily
processed. If there is no objection the soldier is to be so assigned. If there is an objection
the soldier is to return to their unit forthwith.

c. A soldier who, before leaving their unit overseas, decides that they wish to apply for
premature voluntary release while on leave or on duty in the United Kingdom, or while on
leave in the Irish Republic, are to apply, through JPA Workflow, to their CO before departure
for the United Kingdom. If premature voluntary release is authorized by the CO, the APC are
to be informed, who are to arrange for transfer to the Regular Reserve or termination to be
carried out at a depot or equivalent unit on completion of the soldier's leave or duty. If such
an application is refused this fact together with the reasons for refusal are to be
communicated to the soldier.

12. Transfer to the Regular Reserve and termination on payment are to be carried out under the
following authorities:

a. Transfer to the Regular Reserve of soldiers on payment is to be authorized under

para 9.374. When no payment is to be made because of compassionate grounds, transfer
to the Regular Reserve is to be authorized under para 9.375 ‘free on compassionate
grounds'.

b. Except for terminations under paras 9.391, 9.400 and 9.401, the termination of
soldiers on payment is to be authorized under para 9.399. When no payment is to be made
because of compassionate grounds, termination is to be authorized under para 9.402, ‘free
on compassionate grounds'.

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ANNEX H(J) TO CHAPTER 9

CONDITIONS OF APPOINTMENT
(PARAS 9.471 - 9.472 REFER)
A. To Her Majesty's Body Guard of the Yeomen of the Guard Sponsor (Joint): MS Hons Hd

1. A candidate for appointment must be:

a. Of ‘Very Good’ character in the Royal Navy and Royal Marines or ‘Exemplary’
character in the Regular Army or Royal Air Force.

b. In possession of a Long Service and Good Conduct Medal.

c. One who has completed full pensionable service in the Royal Navy, Royal
Marines, Regular Army or the Royal Air Force.

2. A candidate who has received promotion to commissioned rank will not be debarred
from consideration.

3. Interest may be registered at any time by anyone who meets the criteria, this interest
should be registered with the candidate’s commanding officer (or previous commanding
officer) as follows:

a. For Royal Navy personnel, to be notified?

b. For Royal Marines personnel, to the Director of Drafting, and Records, Royal
Marine, Centurion Building, Gosport.

c. For the Regular Army, to the Ministry of Defence (MS Honours), Level 6, Zone C,
London, SW1A 2HB

d. For the Royal Air Force, to AOC RAF Record and Pay Office, HQ PTC, RAF
Innsworth.

4. Registered interest should be accompanied by:

a. A certified copy of record of service.

b. Certified copies of conduct sheets.

c. Contact details

5. Uniform is issued free, from held stock, but Monk style shoes must be provided at the
Yeoman’s own expense.

6. Yeomen are normally expected to attend for duty at St James’s Palace about 8 times a
year. There is no restriction on place of residence within the UK. Limited subsistence
allowance and rail tickets are provided where appropriate.

7. The role of the Yeomen is purely ceremonial and voluntary and involves basic foot drill
and a high proportion of long standing, on occasions for as long as 2 hours.

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B. As Yeomen Warders of The Tower of London Sponsor (Joint): MS Hons Hd

1. This appointment is the reward for deserving, gallant and meritorious service.

2. A candidate for appointment must be:

a. A member or a former member of the Royal Navy, Royal Marines, British Regular
Army or Royal Air Force who has attained the rank of warrant officer or senior NCO
above the rank of sergeant or equivalent. In very exceptional circumstances of
distinguished service sergeants or equivalent may be considered;

b. Of ‘exemplary' character in the Royal Navy, Regular Army or Royal Air Force and
very good' character in the Royal Marines;

c. Under 50 years of age on assuming the appointment;

d. In possession of a Long Service and Good Conduct Medal. In exceptional

circumstances candidates without the Long Service and Good Conduct medal will be
considered. However, the same length of service requirement as for award of the
medal will apply.

3. Recruitment and selection is by open competition and will normally take place shortly
before vacancies occur. However, applications may be submitted at any time before or after
leaving the Service. Application packs may be obtained from the Human Resources Section,
HM Tower of London, EC3N 4AB.

4. Yeoman Warders are sworn in as:

a. Members of the Yeoman Body;

b. Members of the Queen's Body Guard of the Yeoman of the Guard Extraordinary;

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ANNEX I TO CHAPTER 9
CONDITIONS FOR ADMISSION AS AN IN-PENSIONER TO THE ROYAL
HOSPITAL, CHELSEA
(PARA 9.474 REFERS)
1. Those soldiers eligible for admission to the in pension establishment of the Royal Hospital
will be in one of the following classes of soldiers of good character in receipt of a Service pension
or Service invalidity pension following service in the British Army (or the Victoria Cross annuity):

a. Soldiers who have reached the age of 65 years.

b. Soldiers shown to be incapable of supplementing their pensions by their own exertions

owing to the loss of a limb, wounds or other injuries or disabilities resulting from Army
service.

c. Soldiers shown to be so incapable from other causes, provided that they are not under
55 years of age.

2. Preference will be given to those who have borne the best character and rendered the
longest service in the Army, but it is within the discretion of the Commissioners of the Hospital to
admit such out-pensioners of good character as may from time to time be required for the efficient
administration of the Hospital, irrespective of their age, length of service or earning capacity.

3. In-pensioners may cease to belong to the establishment by permission of the

Commissioners, who may also expel in-pensioners for misconduct. In-pensioners under 65
admitted solely on account of ill health and who afterwards recover sufficiently to be capable of
earning may be required to leave the establishment at the discretion of the Commissioners.

4. Applications for admission to the establishment or requests for further information should be
made to the Lieutenant Governor and Secretary, Royal Hospital, Chelsea, London SW3.

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CHAPTER 10

ORDERS, DECORATIONS AND MEDALS

General
J10.001.

a. The Sovereign's awards to members of the forces fall under four broad headings:

(1) Awards for:

(a) Gallant and distinguished services in operational areas;

(b) Non-operational gallantry.

(2) Awards for inclusion in either the New Year Honours List or the Sovereign's
Birthday Honours List.

(3) Medals for meritorious service or for long service and good conduct.

(4) Medals for service in a specified operation or operational area.

b. In addition, Mentions in Despatch, Queen's Commendation for Bravery, Queen's

Commendation for Bravery in the Air and Queen's Commendation for Valuable Service may
be awarded.

c. Awards granted by certain civilian societies are officially recognized and may be worn
in uniform.

d. Persons recommended for awards other than those mentioned in para J10.002e must
be known to be alive at the time the recommendation is forwarded to the Ministry of Defence.

Gallantry Awards and Operational Awards

J10.002.

a. The following awards may be recommended for gallant and distinguished services in
an operational area:

*Victoria Cross
Companion of the Order of the Bath
Commander of the Order of the British Empire
*Distinguished Service Order
Officer of the Order of the British Empire
Member of the Order of the British Empire
*Conspicuous Gallantry Cross
*Royal Red Cross (Class I)
*Distinguished Service Cross
*Military Cross
*Distinguished Flying Cross
Royal Red Cross (Class II) Mention in Despatches
Queen's Commendation for Bravery
Queen's Commendation for Bravery in the Air
Queen's Commendation for Valuable Service.

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b. The following awards may be recommended for non-operational gallantry not in active
operations against the enemy:

*George Cross
*Royal Red Cross (Class 1)
*Air Force Cross
Royal Red Cross (Class 2)
*George Medal
*Queen's Gallantry Medal
Queen's Commendation for Bravery
Queen's Commendation for Bravery in the Air.

c. The award of a bar (or additional bar) may be recommended for the holder of an award
marked*.

d. Relevant extracts from the Statutes and Warrants governing the above awards (except
Queen's Commendations and Mentions in Despatch) are to be found in Appendix A to
Chapter 2 of JSP 761.

e. Posthumous Awards. All Service gallantry awards may be awarded posthumously

except for the DSO. However, the RRC may only be awarded posthumously for acts of
gallantry.

f. A recommendation for an award for gallantry should be made as soon as possible after
the action for which the award is proposed.

g. Civilians. Acts of gallantry by civilians (whether Crown servants or not) which appear
to attain a standard meriting recognition should be reported through the same channels as
recommendations for Service personnel. If the act is not considered to be of a sufficiently
high standard to justify a State award a Defence Council letter of appreciation may be
recommended.

h. On proposals submitted by Chief of Joint Operations (CJO) or a CinC, a scale of

awards may be approved for a specific operation or operational area. Instructions regarding
individual recommendations are issued when the scale has been approved.

i. In time of war, with a view to immediate reward in specially deserving cases, the
Sovereign may place a limited number of awards at the disposal of a CinC or force
commander, who may approve an award and permit the recipient to wear the ribbon and use
the appropriate letters after their name. Such awards require the formal approval of the
Sovereign and details are to be forwarded to the Ministry of Defence as soon as possible.

j. Recommendations are to be treated ‘RESTRICTED-HONOURS' or higher. They are to

be submitted in duplicate to the Ministry of Defence in accordance with the instructions
contained in JSP 761.

k. A recommendation may be submitted to the Royal Humane Society for an award for
saving or attempting to save life. (See para J10.014.)

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The New Year Honours List and the Sovereign's Birthday Honours List
J10.003.

a. The following awards may be recommended for the New Year and Sovereign's
Birthday Honours List:

Order of the Bath

Order of the British Empire
Royal Red Cross
Queen’s Volunteer Reserves Medal

b. When more than one name is submitted for any particular award the order of priority of
merit is to be stated.

c. Retired officers and ex-officers serving in civilian posts are not eligible for awards in the
Military Division of an Order.

d. Recommendations, which are to be treated ‘RESTRICTED-HONOURS' or higher, are

to be forwarded in accordance with instructions contained in JSP 761 (Chapter 4).

10.004. Reserved.

Medals for Meritorious Service and for Long Service

J10.005.

a. The medals that are awarded for meritorious service and for long service and good
conduct are:

The Meritorious Service Medal.

The Long Service and Good Conduct Medal.

b. The Meritorious Service Medal is common to all three Services. Each Service has its
own Long Service and Good Conduct Medal and each medal is constituted under a separate
set of regulations.

c. Recommendations for Meritorious Service Medals and for Long Service and Good
Conduct Medals are to be made in accordance with paras 5.392 – 5.397 and 10.010 –
10.011 for individuals eligible under paras 10.006 and 10.008 – 10.011.

The Meritorious Service Medal

10.006. The Meritorious Service Medal is awarded to not more than 89 candidates in each
calendar year who qualify to be considered for recommendation by their commanding officers after
completing 20 years reckonable soldier service which may include service with the MPGS on a
MLSE engagement.

10.007. The award of an annuity ceased to be paid from 1 April 1981.

Long Service and Good Conduct Medal

10.008. On completion of 15 years reckonable service a soldier, or member of the MPGS
serving on a MLSE engagement, qualifies to be considered for recommendation by their

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commanding officer for this award. A soldier, having been awarded the medal, qualifies for
consideration for the award of a clasp when they complete a further 15 years reckonable service,
reckoned from the date of the award of the medal, as published in Defence Council Instruction
Medal Lists, providing they have incurred no regimental entry during this second period of service.
Reckonable and non-reckonable service is laid down in the Pay Warrant Articles 450 to 452.

10.009. The detailed qualifications and method of recommendation are laid down in
paras 5.393 – 5.397. AGAI 68 should also be read.

10.010. Officers. An officer who completes 15 years reckonable service, 12 years of which
must have been served in the ranks, and who considers that they qualify for the award of this
medal, may submit an application to the MOD Medal Office through their commanding officer for
the award.

10.011. An officer who, having been awarded the medal as a soldier, has completed a further
15 years’ service reckoned from the date of the award of the medal, seven years of which must
have been served in the ranks, and who incurred no regimental entry during this period of service
may submit an application, as in para 10.010 for a clasp.

War Medals and Clasps

J10.012. The conditions governing the grant of war medals, the procedure for submitting the
names of personnel who appear to be eligible and instructions regarding issue are announced after
the institution of the award.

Civil Awards for Gallantry

J10.013. No restriction is placed on the acceptance of any British civil award for gallantry, but
the only insignia and ribbons of such awards which are allowed to be worn with uniform are:

a. Sovereign's Awards. These medals are worn on the left breast.

b. Other Awards - The Life Saving Medal of the Order of St John of Jerusalem, the
medals of the Royal Humane Society and the medal of the Royal National Lifeboat
Institution. Awards are to be reported to the Ministry of Defence so that the necessary
authority may be given for them to be worn. They are worn on the right breast and the
insignia and ribbon of one award only may be worn for one act of gallantry.

J10.014.

a. The Royal Humane Society considers applications for awards to personnel who have
taken part in rescues or attempted rescues from drowning or asphyxia (including the use of
artificial respiration) and from dangerous cliffs or other heights and also analogous cases of
gallantry displayed in the aeronautical field, eg In connection with aircraft crashes.
Occurrences solely involving Service personnel may be reported, as well as those which
involve Service personnel and civilians. Cases coming within the scope of the Royal
National Lifeboat Institution, the Society for the Protection of Life from Fire, or local (eg
Glasgow and Liverpool) Humane Societies, will not be considered.

b. Cases of gallantry where a recommendation for a State award has not been made or, if
made, has been unsuccessful, may be referred to the Secretary, Royal Humane Society,
Brettenham House, Lancaster Place, LONDON WC2E 7EP.

c. For home units, applications should be made within two months of the date or
occurrence; for units abroad, within 18 months. The Society may waive the time limit for

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applications by home units where an initial recommendation for a State award has been
unsuccessful.

Presentation of Insignia of Orders, Decorations and Medals

J10.015.

a. The insignia of the awards referred to in paras 10.001a(1) and (2) are presented to the
recipients at Investitures held at Buckingham Palace, or by the representative of the
Sovereign or by a senior officer of the forces.

b. Arrangements for the presentation of the following awards are set out in sub-paras c to
i.

(1) Victoria Cross

George Cross
Knights Grand Cross
Knights Commanders.

(2) Companions and Commanders of Orders

Distinguished Service Order
Officers and Members of the Order of the British Empire
Conspicuous Gallantry Cross
Royal Red Cross
Distinguished Service Cross
Military Cross
Distinguished Flying Cross
Air Force Cross
George Medal
Queen's Gallantry Medal.

(3) Mention in Despatches

Queen's Commendation for Bravery
Queen's Commendation for Bravery in the Air
Queen's Commendation for Valuable Service.

(4) Medals for meritorious service or for long service and good conduct.

c. Recipients of any of the awards referred to in sub-para b(1) will be summoned to an

Investiture at Buckingham Palace provided they are in the United Kingdom and it is
practicable for them to attend. If recipients of the Victoria Cross or the George Cross are
unlikely to be in the United Kingdom for a considerable time, arrangements may be made for
presentation of the awards overseas by the appropriate representative of the Sovereign.

d. Recipients of any of the awards referred to in sub-para b(2) who are in the United
Kingdom will be summoned to an Investiture at Buckingham Palace. Otherwise, the award
will be presented by the appropriate representative of the Sovereign.

e. The awards referred to in sub-sub-paras b(3) and (4) will be sent to the commanding
officer, who is to arrange for presentation to the recipient at a suitable parade.

f. Medals sent to Service authorities are to be kept in safe custody pending presentation.
Receipts are to be obtained from the recipients after presentation.

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g. Invitations to attend Investitures will be sent from the Central Chancery of the Orders of
Knighthood and will give precise information about the ceremony and will be accompanied by
a form of application for guest tickets.

h. An individual attending an Investiture is to wear the ribbon of the award which is to be

presented.

i. The rules regarding travelling expenses are laid down in Regulations for Army
Allowances and Charges (AC 10).

Commonwealth and Foreign Awards

J10.016.

a. The regulations governing the acceptance and wearing of Commonwealth and foreign
orders, decorations and medals are contained in Annex A to this Chapter. The restrictions
referred to in para 9 of this Annex are that only one Commonwealth or foreign medal may be
worn for one act of gallantry. Service personnel may accept any Commonwealth or foreign
award which is not designed to be worn. The Ministry of Defence should be notified of any
award made.

b. The regulations governing the manner of wearing Commonwealth and foreign orders,
decorations and medals are laid down in the Defence Supply Chain Manual (JSP 336)
Volume 12 Part 3 Pamphlet 10.

c. All applications for permission to wear foreign or Commonwealth awards of campaign

or commemorative war medals are to be submitted to the appropriate Service branch of the
Ministry of Defence.

Wearing of Orders, Decorations, Medals and Ribbons

J10.017.

a. The regulations governing the manner of wearing decorations, medals and ribbons and
the order in which they are to be worn are laid down in Dress Regulations Pamphlet No 1
(AC 60175) and in the Defence Supply Chain Manual (JSP 336), Volume 12 Part 3,
Pamphlet 10.

b. The ribbon of an order, decoration or medal is to be worn, and the appropriate letters
after the name used, from the date of the official notification of the award or, in the case of an
immediate award under para 10.002, as soon as the Commander in Chief or Force
Commander has approved the award.

c. When the grant of a war medal has been notified to the Services and names
have been submitted the commanding officer may, pending approval of the award to the
individual, provisionally authorize the wearing of the approved ribbon by personnel whose
names have been submitted.

d. Service personnel may only wear on uniform or civilian clothes medals awarded to
them or approved for them to wear by HM The Queen.

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Wearing of Civil, Commonwealth and Foreign Awards for Gallantry

J10.018. Not more than two insignia and medal ribbons, may be worn for one act of gallantry.
When two insignia and medal ribbons are so worn, at least one of them must be a Sovereign's
award.

Forfeiture and Restoration

J10.019.

a. Provision is made for the forfeiture or restoration of orders, decorations and medals of
orders and gallantry awards in the Statutes and Warrants respectively governing them - see
Chapter 9 of JSP 761.

b. Mentions in Despatch, Queen's Commendations for Bravery, Queen's Commendation

for Bravery in the Air and Queen's Commendations for Valuable Service are subject to
forfeiture under conditions similar to those for other personal awards for service in
operations, for gallantry, or for distinguished non operational service, as the case may be.

c. The conditions under which war medals, awards for meritorious service and long
service and gallantry awards are forfeited and restored are laid down at paras 5.398 –
5.400D and Annex B to this Chapter. See also paras 5.401 – J5.402 and Annex C to this
Chapter with respect to restoration.

10.020. When a soldier in possession of the Victoria Cross or George Cross forfeits their
medals or decorations a report is to be made to the Ministry of Defence, with a view to the
Sovereign's pleasure being ascertained as regards the retention or forfeiture of the Victoria Cross
or George Cross.

J10.021. When any member, or former member, of the armed forces has been dismissed the
Service with disgrace, or on conviction of treason, sedition, desertion during hostilities, cowardice,
mutiny or other great infamy, consideration will be given to the forfeiture of campaign and
commemorative medals and clasps thereto in accordance with the respective Service warrants or
discretionary powers. Each Service will operate a two stage procedure for cases where forfeiture
might be appropriate.

10.022 - 10.999. Reserved.

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ANNEX A(J) TO CHAPTER 10

FOREIGN AND COMMONWEALTH OFFICE RULES ON THE ACCEPTANCE
AND WEARING OF FOREIGN ORDERS DECORATIONS AND MEDALS
(PARA J10.016 REFERS)

The following are the extant Rules issued by the Foreign and Commonwealth Office which is the
responsible authority

RULES GOVERNING THE ACCEPTANCE AND WEARING OF FOREIGN ORDERS,

DECORATIONS AND MEDALS BY CITIZENS OF THE UNITED KINGDOM AND HER
OVERSEAS TERRITORIES

These rules set out the circumstances under which a citizen of the United Kingdom or her
Overseas Territories (“UK Citizen”) may be granted the Sovereign’s permission to accept and wear
an Order, Decoration or Medal (“foreign award”) conferred by a Head of Government of a foreign
country, Head of Government of a Commonwealth country of which the Sovereign is not Head of
State and certain international organizations (collectively referred to as “foreign state”).

Principles

1. No UK citizen (this includes British subjects and British-protected persons (BPP)) may accept
and wear a foreign award without the Sovereign’s permission. Such permission must be sought as
soon as there is any indication that an award may be offered. BPPs may accept awards conferred
by their Rulers.

2. The granting of permission for a UK citizen to accept an award offered by a foreign state will
only be considered if the award recognizes specified services rendered to the interests of that
foreign state.

3. Permission will not be given for UK citizens to accept a foreign award if they have received,
or are expected to receive, a UK award for the same services.

4. Acceptance of a foreign award does not mean that the UK will make a reciprocal offer
directly or indirectly associated with the UK recipient.

Permission
5. Permission to wear a foreign award, if granted, will be either:

a. Unrestricted - allowing the award to be worn on any occasion; or

b. Restricted - allowing the award to be worn only on particular occasions associated with
the foreign state that conferred it.

6. The grant of permission, whether unrestricted or restricted, will be conveyed by letter to the
UK citizen concerned from the Sovereign’s Private Secretary.

Application
7. A foreign state wishing to confer an award on a UK citizen is expected to ascertain - through
its Diplomatic Representative at the Court of St James’s whether permission to accept an award
would be likely to be given. Such requests for clearance will only be entertained in respect of
awards given by Heads of State or Governments recognized
as such by the Sovereign.

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8. Requests made by certain international organizations (eg The United Nations and NATO) in
respect of service in operations under their auspices should be made to the Defence Services
Secretary in the Ministry of Defence.

9. Requests made in respect of services rendered more than five years previously, or in
connection with events in the distant past (including commemorative awards) will not be
entertained.

10. Requests for clearance meeting the requirement of these regulations will be submitted to the
Sovereign for consideration by the Secretary of State for Foreign and Commonwealth Affairs - who
will be under no obligation to make such a submission if the application has not been made as
indicated in paras 7 - 8 above.

11. Requests for clearance in the case of foreign awards conferred by private societies or
institutions will not be granted.

Guidelines
12. Each request will be treated on a case by case basis. The fact that a similar application has
been approved in the past should not be taken as implying that permission will be granted.

13. The grant of unrestricted permission will be considered in the case of foreign awards
conferred for services:

a. Related to saving or attempting to save life (including medals issued by life-saving

societies and institutions);

b. By any member of the UK Armed Forces or other UK official on exchange, attachment

or loan to a foreign state who is involved in a military operation or an emergency on behalf of
that country, state or organization (it will be for the UK to decide if the operation or
emergency is of the standard to fall within this criterion);

c. By any member of the UK Armed Forces serving in a UK unit within a bilateral force
under the command of the other country who renders especial service to that country’s
forces in a military operation or emergency; or

d. In military operations under the auspices of an international organization (eg the United
Nations).

14. The grant of restricted permission will be considered in the case of foreign awards conferred:

a. On the occasion of and in connection with a State or official visit by a Head of State or
Government of a foreign or Commonwealth country.

b. In connection with a State visit by The Sovereign.

c. To members of Special Missions when The Sovereign is represented at a Coronation,

wedding or funeral or other similar occasion; or on any Diplomatic Representative (this does
not apply to their staff) when specially accredited to represent The Sovereign on such
occasions.

15. Other than in circumstances described in paras 13 - 14 above, permission, unrestricted or

restricted will not be granted to (this guidance applies equally to the spouses or partners of Crown
servants):

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a. Crown servants generally.

b. In particular, to Heads or other members of HM Diplomatic or Consular establishments

abroad, when leaving their posts - whether on transfer or on final retirement; and

c. Senior officials, military or civilian, visiting foreign states.

16. No permission is needed for the acceptance of any foreign award if it is designed not to be
worn.

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ANNEX B TO CHAPTER 10
ROYAL WARRANT
(PARA 10.019c REFERS)

Grant, Forfeiture and Restoration of Medals

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom of Great Britain and
Northern Ireland and of Her other Realms and Territories Queen, Head of The Commonwealth,
Defender of the Faith, to all to whom these Presents shall come, Greeting!

WHEREAS His Late Majesty King George VI by Warrant under His Royal Sign Manual dated the
eleventh day of May
One thousand nine hundred and fifty was pleased to make provision for the grant, forfeiture and
restoration of medals;

AND WHEREAS by Warrants under Our Royal Sign Manual dated the first day of August One
thousand nine hundred and fifty-three, the twenty-eighth day of January One thousand nine
hundred and sixty-one, the twenty-fifth day of April One thousand nine hundred and sixty-six, the
seventeenth day of February One thousand nine hundred and sixty- nine and the fifth day of
February One thousand nine hundred and seventy, We did amend the aforesaid Warrant;

AND WHEREAS, We deem it expedient now to make fresh provision for the award of war,
campaign and general service medals and for the forfeiture and restoration of war, campaign and
of other awards granted for long service efficiency, or any of the Queen's Medals for Champion
Shots;

OUR WILL AND PLEASURE IS that provision for such award, forfeiture and restoration shall be as
stated in the schedule attached hereto:

OUR FURTHER WILL AND PLEASURE IS that the issue of war, campaign and general service
medals as special marks of Our approval of the service of Our Armed Forces shall be notified in
each case through our Defence Council;

NOW THEREFORE, WE do hereby declare that the Warrants dated the first day of August One
thousand nine hundred and fifty-three, the twenty-eighth day of January One thousand nine
hundred and sixty-one, the twenty-fifth day of April One thousand nine hundred and sixty-six, the
seventeenth day of February One thousand nine hundred and sixty- nine and the fifth day of
February One thousand nine hundred and seventy shall be abrogated, cancelled and annulled as
shall also the Warrant by His Late Majesty King George VI dated the eleventh day of May One
thousand nine hundred and fifty.

Given at Our Court at St James'

this 10th day of June
One thousand nine hundred and eighty-five
in the Thirty-fourth year of Our Reign.

MICHAEL HESELTINE.

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By Her Majesty's Command.

Schedule

1. In this schedule, the term ‘war medal' means a campaign star, or a medal commemorative of
a campaign, granted in commemoration of an arduous campaign or other well-fought operation
entailing danger to life from enemy action or other exceptional risk and hardship, or a medal which
is granted for specified service in a non operational command during a state of war.

2. A war medal commemorative of a campaign may be given to an officer, or to a soldier,

whether combatant or non combatant, who has rendered approved service during such campaign
with the Army. Clasps for battles or special operations against an enemy may be issued to all
officers and soldiers engaged therein whose duties necessitated their being present.

3. Any officer or member of the military forces or any former officer or former member of the
military forces who has been dismissed the Service with disgrace, or on conviction of treason,
sedition, desertion during hostilities, cowardice, mutiny, or other great infamy, shall be liable at the
discretion of the Defence Council, to forfeit any war medal and clasp and any medal and clasp
awarded for long service, meritorious service (except for gallantry), efficiency or any of the Queen's
Medals for Champion Shots (subsequently referred to herein as the Queen's Medals) of which they
may be in possession (together with any gratuity appertaining thereto, not already paid) or to which
they may be entitled by their service up to the date of their conviction, and the Defence Council will
consider such cases accordingly. For the purposes of this provision the expression ‘other great
infamy' shall include a conviction by a civil court in respect of which that Court awarded a sentence
of more than six months imprisonment.

4. Any war medal and clasp, and any medal awarded for long service, meritorious service
(except for gallantry), or efficiency, forfeited by an officer, or member of the military forces or any
former officer or former member of the military forces, may be restored at the discretion of the
Defence Council.

5. If an officer or member of the military forces or any former officer or former member of the
military forces is permitted or required to replace a medal or other decoration wilfully made away
with, or lost through carelessness, or otherwise they shall be subjected to a stoppage of the
amount required to be paid for the duplicate.

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ANNEX C TO CHAPTER 10
RESTORATION OF AWARDS
(PARA 10.019c REFERS)
1. The restoration of awards forfeited under Annex B to this Chapter will be considered in the
following circumstances:

a.

(1) When a minimum of three years’ service (including approved service involving
periodic training), has been rendered subsequent to release from detention or
imprisonment (or if not applicable, subsequent to the date of conviction), provided that
no offence has been committed during such service as would normally disqualify the
individual from the award of an ‘Exemplary' character on discharge or transfer to the
reserve.

(2) In cases of desertion during a state of hostilities, no award(s) instituted for service
during that period of hostilities in which desertion took place will be restored under sub-
para a(1) above or sub-paras b and c below, unless the individual subsequently
rendered approved service in the armed force from which they deserted, in the area
and, before the termination of the particular period of hostilities for which the award
was instituted. In this respect, approved service is deemed to be paid service of one
day or more after release from detention or imprisonment and before the termination of
the appropriate period of hostilities. Non regular soldiers who have been found guilty of
desertion (or have had their trial for desertion dispensed with) may not aggregate
service before conviction with subsequent service in order to qualify for the restoration
of a campaign star or medal, if the former service is not reckonable as qualifying
service for pay, or for increments of pay under the Pay Warrant 1964, Article 451.

b. When the required three years requalifying service has not been completed owing to:

(1) discharge or release;

(2) death; or

(3) wounds or sickness, not due to misconduct, provided that no offence has been
committed during the period between release from detention or imprisonment (or, if not
applicable, subsequent to the date of conviction), up to the date of termination of
service, as would normally disqualify the individual from the award of an ‘Exemplary'
character on discharge or transfer to the reserve.

c. When the individual:

(1) is accepted for re-enlistment and provided they have truthfully declared all former
service. (This condition does not apply in the case of soldiers who were conscripted
under the provisions of the National Service (Armed Forces) Act, 1939, immediately
following removal from commissioned rank. Such personnel, however, are not thereby
debarred from qualifying for restoration under any other condition specified in this
Annex.)

(2) is mobilized from the Reserve; or is promoted to sergeant or higher rank.

d. At the discretion of the Army Board to the Defence Council in recognition of meritorious
service not necessarily resulting in a decoration, or when otherwise specially recommended.

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2. The provisions for restoration as specified in para 1, sub-paras b, c(1) and c(2) above, are
not to apply in the case of awards forfeited on conviction of treason, sedition, mutiny or cowardice.

3.

a. The provisions for restoration specified in para 1 sub-paras a, b and c are not to apply
in cases where the Meritorious Service Medal and/or a Long Service and Good Conduct
Medal has been forfeited under the terms para 3 of Annex B to this Chapter.

b. Restoration of a Meritorious Service Medal and/or of a Long Service and Good

Conduct Medal forfeited under the terms of para of Annex B to this Chapter will only be
considered:

(1) When a minimum of three years’ service with irreproachable conduct has been
completed subsequent to the date of the withdrawal of the medal, or

(2) In the special circumstances defined in para 1d.

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CHAPTER 11
Military Aid to the Civil Authorities (MACA)
(PARA 5.006 REFERS)
Sponsor: Ops Dir, UK Ops

J11.001. United Kingdom and Crown Dependencies. Should the Armed Forces be called to
provide assistance to the civil authorities, the officer to whom the application is made is at once to
inform the Ministry of Defence (Operations Directorate, Head Operations (Military)) and their
immediately superior authority. A request for assistance will normally be made to the Ministry of
Defence by the relevant government department in accordance with UK MACA Policy and should
be confirmed in writing. However, if a direct request for assistance is received, and standing
arrangements do not provide otherwise, the Service Commander on the spot is to brief the
requesting authority on the above procedures and report it to their superiors. Under exceptional
circumstances where a sudden emergency has occurred, which in the opinion of the local
commander demands an immediate intervention to protect life, alleviate distress, or a need to
protect significant property, the local commander may act without recourse to higher authority in
accordance with a standing Defence Council Order, dated 17 January 1983. In these
circumstances, the local commander is to report as early as possible the matter and the action
taken to the Service authorities mentioned above.

J11.002. Overseas, including UK Overseas Territories. In territories outside the UK and

Crown Dependencies, the UK MACA Policy does not apply and, the principles governing the
provision of aid to the civil power may vary according to local conditions and local laws. When
necessary, separate instructions setting out the rights and duties of members of HM Forces may
be issued by the MOD. If, by agreement of HM Government with the local government, HM Forces
are employed on internal security duties, regard must be paid by the Commander both to local law
and any existing emergency regulations affecting that employment. Any request for assistance will
normally be dealt with through HM Representative and the Commander will always act in
consultation with them. In exceptional cases where prior consultation is impossible, the
Commander must inform HM Representative as soon as possible. "HM Representative" in this
chapter means:

a. In a foreign country, the British Ambassador.

b. In an independent Commonwealth country, the British High Commissioner.

c. In an overseas territory of the UK, the Governor or other officer administering the
government of the territory.

d. In the New Hebrides, the British Resident Commissioner.

J11.003. If a national emergency is proclaimed under the Emergency Powers Act 1964
(Section 2) or the Civil Contingencies Act 2004 (Part 2), the powers of the authorities will be
regulated by Order in Council. The MOD will issue the necessary instructions to Commands
affected.

J11.004. Where there is no proclamation, the Defence Council may, under the Emergency
Powers Act 1964 (Section 2), in accordance with Instructions issued by them, authorise the
temporary employment of service personnel on work which the Council has first approved as being
urgent work of national importance. In this case, a Defence Council Order will be issued.

J11.005. Service personnel will normally be provided in cases of emergency for the following
purposes only:

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a. To maintain essential supplies and services.

b. To give assistance in the event of a sudden emergency such as a flood or widespread

fire where sufficient civil resources cannot be mobilised in time.

c. To give temporary assistance to farmers in an agricultural crisis. Such assistance is to

be carried out under the supervision of officers, petty officers, warrant officers, non-
commissioned officers or leading ratings, who are to ensure that any instructions issued by
the representative of the civil authority or organisation for the proper and safe performance of
the work are observed.

J11.006. In a major emergency, MOD (Operations Directorate, Head Operations (Military)) is

responsible for issuing overall directives and policy; planning, coordinating and controlling the
assistance provided, including assistance provided by the RN, RM, the Army and the RAF; and
any additional resources which may be allocated. Responsibility for planning, coordinating and
controlling the assistance provided will be given to Commander Home Command (Army) in their
capacity as the Standing Joint Commander (UK). For the delivery of military assistance at the
point of need, the Standing Joint Commander (UK) will usually appoint an appropriate Joint Military
Commander from one of the Army’s Regional Point of Command structure, or an equivalent from
the RN/RM or RAF for operations in the maritime or air environments respectively. Joint Regional
Liaison Officers, RN and RAF regional liaison officers are provided as necessary to assist with
coordinating the military response at the local level.

J11.007. The Defence Council has, by order dated 17 January 1983, approved such work as is
considered by a local commander, at the time when the work needs to be performed, to be
urgently necessary for the purpose of alleviation of distress and preservation and safeguarding of
lives and property in time of disaster, as urgent work of national importance and has authorised the
temporary employment on such work of service personnel. Applications for this category of
assistance may be made direct to the nearest service headquarters or unit. Such requests are to
be handled in accordance with the guidance given in JSP 373, however, a local commander has
authority to use their discretion in exceptional cases of emergency, particularly when danger to life
is involved, to provide assistance immediately and without reference to higher authority. The local
commander is to inform as soon as possible the MOD, Navy Command HQ, Army HQ or HQ Air
Command (RAF), via their immediate superior authority, of any such assistance given.

Service Assistance in Disasters Overseas Sponsor: Ops Dir, Global Commitments

J11.008.

a. Service personnel may be called upon to assist in relief operations following disasters
overseas. Her Majesty's Representative (see para J11.002) is responsible for deciding
whether there is a need for, and the extent of Service assistance.

b. Where United Kingdom forces are stationed in the country concerned and where very
exceptional circumstances arise which preclude prior consultation with Her Majesty's
Representative, a Service commander may offer immediate relief on their own initiative. If
relief is accepted they are to inform Her Majesty's Representative, the Ministry of Defence,
command headquarters and their own immediate superior as soon as possible of the action
taken including the extent of the relief provided which must be kept to the minimum and in
no circumstances is to exceed £20,000 in value.

11.009 - 11.999. Reserved.

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CHAPTER 12
OFFICIAL INFORMATION AND PUBLIC RELATIONS

PART 1 - GENERAL

Official Secrets Act

J12.001. Every officer is responsible for ensuring that all persons under their command are
acquainted with the provisions of the Official Secrets Acts 1911-1989, and with the need for strict
compliance with those provisions. All personnel are to be reminded annually of their
responsibilities under the Acts. On joining and leaving the Regular Services all personnel will sign
declarations regarding the Official Secrets Act on Ministry of Defence Forms 134 and 135
respectively.

Restrictions on Travel to Certain Countries

J12.002. All serving and retired personnel are subject to special restrictions on travel abroad on
leave to particular countries (see LANDSO 2221, the Defence Manual of Security (JSP 440),
Volume 2, Chapter 21 and the Army Leave Manual (AC 13216)). On leaving the Service all
individuals are to be reminded that these restrictions still apply to them and a copy of MOD Form
138 - Security Reminder on Travel to Certain Countries - is to be included with their discharge
(or equivalent) papers.

Disclosure of Official Information

J12.003. It can be an offence against the Official Secrets Acts for a person to divulge, whether
during or after a period of service with the armed forces, official information acquired by such a
person during such service unless expressly authorized to do so. All personnel are forbidden to
communicate any official information, including information about to be made public, to
any person other than one to whom they are authorized to communicate it or one to whom it is
their official duty to communicate it. The use of such information for personal controversy or for
any private purpose during or after completion of service without due authority may be a breach of
the Official Secrets Acts. Information acquired in an official capacity by any one seconded for
service with another Government department is not to be disclosed without the express permission
of that department. Details are found in LANDSO 2221 and the Defence Manual of Security (JSP
440), Volume 1, Chapter 11.

J12.004. Any information of a professional or technical nature that all members of the armed
forces may acquire in the performance of their duty, or in the course of their official studies, is the
property of the Crown and is not to be published in any form without the prior approval of the
Ministry of Defence.

Restrictions on Use of Official Documents

J12.005. Official reports, correspondence and documents or magnetic media of whatever
description, whether protectively marked or not, are the property of the Crown. The only legitimate
use which personnel may make of official documents, or information derived from them, is for the
furtherance of the public service in the performance of their duty.

J12.006. All official publications and documents produced in the course of official duty are Crown
copyright, including correspondence, drawings, maps, photographs and musical and other artistic
works. Photographs taken with official equipment or material, whether or not for authorized
purposes, are also Crown copyright. Permission for reproduction, in whole or in part, for any non-
official purpose must be obtained from The Stationery Office, in whom Crown copyright is vested,
or from a person holding their delegated authority. Applications should be referred to the Ministry

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of Defence (MOD Library (Crown Copyright Section)), copy to Assistant Director Defence Publicity
(Army) (AD Def Pub(A)).

Security of Official Documents

J12.007. Instructions governing the security of official documents, and in particular their
protective marking, custody, handling and transmission, are contained in the Defence Manual of
Security (JSP 440), Volume 1.

Visitors
J12.008. A commanding officer or head of establishment is to be satisfied that proper
arrangements are made and orders issued to control the admission of visitors, and is to ensure
that Ministry of Defence instructions governing visits to ships, units and establishments of persons
not in Her Majesty's Service are carefully observed. These instructions are to be found in
LANDSO 2221 and the Defence Manual of Security (JSP 440), Volume 2, Chapter 21.

Police and other Civilian Authorities' Reports

J12.009. Officers who seek the assistance of civilian authorities or organizations (eg the police
or welfare organizations) to deal with problems concerning members of the forces are reminded
that all reports from such authorities are to be treated as ‘in confidence' whether they are so
marked or not. These reports must not be quoted verbatim nor their source disclosed except to
another Service authority, whose attention is to be drawn to their confidential nature.

Disclosure of Official Information to Courts

J12.010. Instructions regarding the disclosure of official information (either oral or
documentary) to courts or in arbitration proceedings, and the giving of evidence by expert
witnesses are contained in para 7.030.

12.011 - 12.014. Reserved.

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PART 2 - ACTIVITIES INVOLVING THE USE OF OFFICIAL INFORMATION OR

EXPERIENCE
(MOD Sponsor: DGMC)
J12.015. General Considerations. This Section sets out procedures for Service personnel to
seek authorization to communicate with the media. A number of considerations should be taken
into account before doing so, including:

a. Is it in the defence interest?

b. Does the benefit justify the time, cost and effort?

c. Is there a risk to operational security or of disclosure of classified information?

d. Would this compromise service ethos?

e. Are there any patent, copyright, collaboration security or international relations

implications?1

J12.016. Purpose. These regulations govern contact between all Service personnel and the
media, and for writing or speaking in public. These rules must be followed to ensure that
operational security is upheld and standards of political impartiality and public accountability are
met at all times.

J12.017. Applicability.

a. These regulations cover all public speaking, writing or other communication, including
via the internet and other sharing technologies, on issues arising from an individual’s official
business or experience, whether on-duty, off- duty or in spare time. These regulations are to
be followed by:

(1) all members of HM Forces who are serving in international organizations:- who
are to observe the rules and procedures of that organization, but who remain subject to
this regulation.

(2) members of HM Forces who are serving in international organizations:- who are
to observe the rules and procedures of that organization, but who remain subject to this
regulation.

b. These regulations remain in force until explicitly superseded.

Personnel who have left the Service

J12.018. Introduction.

a. It is the policy of the MoD and the Armed Forces to be as open as possible about
defence activities and to explain the reasons for Government policies and decisions,
provided that essential security is not compromised. The MoD must also comply with
relevant legislation, such as the Freedom of Information Act 2000 and the related public
access rights that came into effect on 1 January 2005.

b. As in any organization, it is important that all MoD personnel communicate in a manner

that maintains and, where possible, enhances the reputation of the organization. All contacts
1
(A politically controversial topic is one which is, has been, or is clearly about to be, a matter of controversy between political parties in
this country.)

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with the media or public disclosure of information by members of the Armed Forces must be
authorized in advance, where this relates to material or experiences gained in the course of
official duties. Engaging in such activities without obtaining authorization at the appropriate
level may be a serious disciplinary or administrative matter which could ultimately lead to
dismissal, as would the acceptance of payments in contravention of J12.024 below.

J12.019. Maximizing Communications Effect.

a. Presentational aspects must be an integral part of all MoD activity and decision-
making. It is a core task of all personnel to consider how to portray their activities in an
interesting and accessible way, for both the internal and external audiences, and how to
support the MoD’s strategic communications aim - to enhance the reputation of the
Department and Armed Forces both internally and externally. Everyone should look for
opportunities to explain what defence is about to the public and other stakeholders. When
personnel can make a contribution to knowledge on the basis of specialized information and
experience obtained in the course of their official duties, in particular, professional, scientific
and engineering personnel, they should be encouraged to do so, so long as policy, defence
and commercial interests are protected.

b. Any such participation in public discussions or contribution to knowledge of this kind

must, however, be such as will not:

(1) prejudice national security.

(2) put at risk collaboration security.

(3) create the possibility of embarrassment to the Government in the conduct of its
policies.

(4) bring into question the impartiality of HM Forces.

c. Although these principles apply primarily to the disclosure of information and for the
discussion of political issues, they apply with equal force to the public expression, in the
press or elsewhere, of opinions which are or could be embarrassing to the Government when
given by individuals who are identified or are readily identifiable as Service personnel.

d. The Director-General, Media and Communication (DGMC) has ultimate official

authority for internal and external communications including all matters related to contact
with the news media and communicating in public. Members of the Armed Forces are to
seek prior permission if they wish to write or speak or otherwise communicate in the public
domain on Defence or related matters, before entering into any commitment.
Personnel who are in any doubt about the need to obtain authorization are to take advice
from the appropriate DGMC contact at J12.025 before committing to communication with the
media or writing or speaking in public. DGMC has delegated some approval authority to
Command Media Operations personnel who should always be consulted before approaching
DGMC.

Contact details can be found at J12.025.

J12.020. Contact with the News Media.

a. DGMC (specifically, D News Press Office and Regional Press Officers) are the
department’s professional advisers on communicating with the news media and are the
officially sanctioned channel for dealing with them. The guiding principle for all contact with
the news media contact is that it must be referred to the appropriate D News staff indicated
in J12.022 or, where delegations are in place, to the appropriate Command Media

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Operations branch. This includes proposals for communicating with the news media such as
writing letters to newspapers, contributing to online debates, or participating in radio or
television programmes (including phone-ins) on any topic related to official defence matters.
It also includes contact with the media when attending outside events, eg at conferences and
seminars, and invitations to media representatives to speak to briefings, courses or other
departmental events. Invitations for Service personnel to take part in a radio or television
programme are usually made by the broadcasting authorities through official channels, but a
direct approach may sometimes be made.

b. If a journalist makes contact with a member of the Armed Forces requesting

information that falls within the terms of the Freedom of Information Act 2000 (or other
information access legislation and regulations), or requests are received for contentious
information from any source, the D News Press Office are to be consulted. If it is necessary
to telephone a journalist who has submitted an FOI request to clarify or refine its terms, care
is to be taken to avoid the conversation drifting to other matters. A note of the conversation
is to be made immediately.

c. If approval is given to communicate with the media, the range of topics that can be
covered – and the terms of the engagement (eg background, on the record) - will be agreed
at the time of authorization. Individuals are not to comment upon or disclose official
information beyond that agreement. The individual is to report back to D News Press Office
or the Regional Press Officer who approved the contact so that any appropriate follow-up
action can be taken and to protect individuals in the event of any subsequent misreporting.

d. Exceptionally, some Service personnel will have a general authorization from D News
personally to speak to the news media, which must be recorded in their agreed formal job
descriptions or terms of reference. These individuals are to ensure they keep records and
inform D News Press Office or the Regional Press Officer of all media contacts and the
information communicated. Additionally, they are to avoid comment on issues of a politically
controversial nature.

e. Where casualties have occurred, the names of the persons killed or injured are not in
any circumstances to be divulged until it is definitely known that the next-of-kin have been
informed. The authority for the release of names of casualties rests solely with MOD.

f. Personnel who are in any doubt about the nature of a request are to speak to their line
manager or chain of command, Command Media Operations branch, relevant Regional
Press Officer, or to D News Press Office directly, using the contacts listed in J12.025.

g. Defence Press and Broadcasting Advisory Committee (DPBAC). Defence Advisory

(DA) Notices are addressed to national and provincial newspaper editors, to radio and
television organizations, and to some publishers of periodicals and books on defence and
related subjects. (DA Notices are issued and amended on the authority of the DPBAC.) The
Secretary of the DPBAC is available at all times to advise on questions that arise as to the
application of a DA Notice to some particular set of circumstances. Any advice requested by
the press as a whole on the publication of items of information which appear to come within
the scope of a DA Notice should be referred to the Director of News in the MOD.

J12.021. Communicating in Public.

a. DGMC are the department’s professional advisers on communicating with the public.
They will consult MoD policy branches as appropriate. Members of the Armed Forces are to
seek prior permission if they wish to write or speak or otherwise communicate in the public
domain on Defence or related matters, before entering into any commitment. All such
communication must help to maintain and, where possible, enhance the reputation of
Defence.

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b. Examples of communicating in public are:

(1) publishing material (for example books, articles, papers for academic
qualifications, or any other text, audio, still images, video or other content) or submitting
material with the intention or likelihood of publication, in any medium (print or
electronic) available outside government;

(2) self-publishing or otherwise releasing material on the internet or similar sharing

technologies, for example through a blog, podcast or other shared text, audio or video,
including via mobile devices;

(3) interviews with journalists using broadcast, print or electronic media;

(4) speaking at conferences, private engagements or other events where the public
or media may be present;

(5) completing external organizations’ questionnaires, taking part in external surveys

or polls, or contributing to external studies or research projects; this Regulation is not
intended to prevent personnel from replying suitably to questionnaires from responsible
publications such as Who’s Who. In any case of doubt the appropriate Security
Directorate or the local Security Officer is to be consulted.

(6) contributing to any online community or shared electronic information resource

available outside government, for example a bulletin board, newsgroup, wiki, on-line
social network, multiplayer game or other information- sharing application.

c. In all cases, the impact of the material must be considered carefully, both in terms of
the effect on its intended audience but also on any unintended audience through any wider
coverage by the media. All personnel are to make every effort to minimize the scope for
misreporting and misrepresentation and avoid straying beyond the issues that they have
been approved to speak on. Responsibility for seeking authority in sufficient time to allow
proper consideration rests with the individual.

d. Use of Internet. MOD policy on the Acceptable Use of Information Technology and
Telecommunications, which includes use of the internet, is in JSP 740; Security Operating
Procedures (SyOps) for the system concerned may contain further restrictions on use.
MOD’s Web Publishing Policy is contained in JSP 745. Further details may be obtained from
DGInfo.

e. Membership of Institutes. Service personnel are free to join institutes, including the
International Institute for Strategic Studies (IISS), the Royal Institute of International Affairs
(RIIA), or the Royal United Services Institute for Defence Studies (RUSI), and may actively
participate in the proceedings of those bodies. They are however required to seek guidance
if they are in doubt about the propriety of their participation on any particular occasion.

J12.022. Authorization for Contact with the News Media and Communicating in Public.

a. Senior Personnel (1-star and above). All personnel of 1-star rank and above are to
seek approval from DGMC before accepting any invitation to speak or write publicly –
whether through the media or some other channel. Requests should be submitted at least
seven days in advance to D News Press Office for media, and DCP Coord for other contact.
For personnel of 2-star rank and above, Ministerial approval is required. This should be
sought through DCP Coord.

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b. Below 1-star - News Media. In all cases, personnel are to first go through their chain of
command (Commanding Officer (CO) or Head of Establishment, Department or Division) to
ensure that they are content that the proposed contact with the news media is in furtherance
of Defence interests. Subsequent clearance is then required as follows:

(1) For Contact with Regional or Local News Media. DGMC Regional Press Officers
have delegated powers of authorization from D News. In some instances authority has
been delegated further to Command Media Operations staff. Where this is not the
case – including for all controversial issues - Command Media Operations branches
must ensure that the Regional Press Officer is informed of proposed contact at the
regional or local level. The DGMC Regional Press officer will refer contentious issues
to the D News Press Office. Where there is a risk of a regional or local issue becoming
a national issue, D News Press Office will take over the lead handling responsibility.
This reflects DGMC’s primacy in all matters relating to news media and communicating
in public.

(2) National News Media. D News’ Chief Press Officers will be required to authorize
all contact with the national news media, whether it be proactive or reactive. D News
will seek advice as necessary from the single Service ADs in D Def PR and will judge
whether Ministers need to be consulted.

(3) International Media or Contact with Media Abroad. Permission for any contact
with international media in operational theatres is determined by DGMC in conjunction
with PJHQ. Outside operational theatres, there are a significant number of visits which
include interaction with foreign media. Where this occurs at local or regional level, it
is normally sufficient for permission to be granted by the relevant Command
Media Operations branch or defence attaché. Where there is the potential for foreign
national media to be involved, D News Press Office is to be informed. Rules for
contact with international media in UK are the same as per national media.

c. Exceptionally, some Service personnel will have a general authorization from D News
personally to speak to the news media, which must be recorded in their agreed formal job
descriptions or terms of reference, as set out at para J12.020d.

d. Below 1-star - Communicating in Public other than through the News Media. In all
cases, personnel are to first go through their chain of command to ensure that the proposal
furthers Defence interests, check the material is unclassified, that there are no operational
security concerns and that the cost and effort is justified. If so, COs or Heads of
Establishment may authorize the contact. But they must first take advice from the relevant
Media Operations and/or Secretariat branch if there is any potential for controversy, media or
national interest. If this is the case, subsequent clearance by DGMC is required, using the
following channels (who will ensure D News are informed where media contact is involved).

(1) Navy personnel through their chain of command to the AD DefPR (Navy).

(2) Army Personnel through their chain of command to the AD DefPR (Army).

(3) RAF Personnel through their chain of command2 to the AD DefPR (RAF).

All personnel should bear in mind that apparently single-Service issues can have implications
for the reputation of all three Services.

e. In addition:

2
RAF manuscripts are to go through PCB(AIR) in the first instance

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(1) Scientific and technical material should be sent first to D Def Sy (S&T/Ind) who
will forward it with their recommendations to DCP;

(2) Material on medical issues should be sent first to Service Medical Directors who
will consult with DMSD (specifically with D Med F&S) if the topic is or could be
controversial and will forward it with their recommendations to DCP.

f. The responsibility to observe and comply with the Official Secrets Act and with any
other applicable laws, such as copyright or patent, lies solely with the individual. Classified
or commercially sensitive material is not to be disclosed, and individuals are to avoid
conflicting with MoD or government policy. The security or other national interest of
collaborating countries must be fully protected, even where UK interests are not directly
affected. Personnel should be aware that their comments might be reported and publicized.

g. Permission to publish outside MoD, if granted, will apply only to the material as
submitted. Further permission is required if alterations of fact or opinion are made. The
granting of permission to publish does not confer official endorsement of the material (either
of its factual content or the opinions or views expressed) and this should be made clear to
publishers.

h. Articles or notices for the in-house MOD or Service publications listed below on non-
controversial topics can be submitted direct to in-house editors through COs or line
management:

(1) Defence Focus.

(2) Globe and Laurel.

(3) Naval Review.

(4) Navy News.

(5) RAF News.

(6) Soldier Magazine.

Additionally, subject to local orders, matters intended for ship and unit magazines, and for
corps and regimental journals, may also be submitted direct to editors. COs must satisfy
themselves that material intended for publication does not infringe security regulations and is
generally suitable. For all publications, the same guiding principles apply that the material
must maintain and enhance the reputation of Defence and every effort must be made to
ensure that the material does not create an adverse impact. Internal publications that also
have an external profile (eg if they are available on subscription or on the internet) must
follow the procedures for external clearance at sub-paras c and d above.

J12.023. Operational Security.

a. Experience shows that adversaries take a close interest in information put into the
public domain by MoD and look for opportunities to use it to their advantage. All personnel
are reminded of the paramount requirement to protect operational security. They are also to
avoid actions that might damage relations with other nations. Personnel are not to pass on
any classified or other information that has not been authorized for release, including to
friends and family.

b. Instructions are contained in the relevant Security Manuals about the disclosure of
information to:

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(1) Members of Parliament;

(2) Foreign countries and foreign nationals;

(3) Committee members, consultants and defence lecturers;

(4) Contractors.

J12.024. Payment for Speaking to the Media and Public Speaking and Writing.

a. The principle applying to the issue of payments to serving personnel should be that
they are paid once for their work. It is a normal part of the duties of serving Service and
civilian personnel to explain their work in public and this should not attract additional
payment. Serving Service personnel are not to accept payment, royalty or fee for any activity
which would, or could be perceived to, involve the disclosure of official information or draw
on official experience. This includes all contact with the media such as interviews, articles or
briefings, and any other public disclosure (eg books, public speaking, conferences etc.).
Where an organization offering payment insists on making a donation to charity, the choice
of charity must lie with the organization offering the payment.

b. Payment to an individual for information or speaking may be authorized only if the

subject matter falls entirely outside official work, or use of official information or experience,
and has been prepared in an individual’s own time, without using any MoD resources.
Examples could be historical works, fiction or regimental histories. COs or Head of
Establishment, Department or Division should be consulted in the first instance to ensure this
is the case. If in doubt they should take advice from their Media Operations and/or
Secretariat branch who should in turn consult DGMC staff in accordance with para
J12.022c if uncertain. If authority to proceed is given, individuals are to make clear that they
are not acting in an official capacity.

J12.025. DGMC Contact Points.

Mil Civ DII email

a. For proposed contacts with the national News Media:
Defence Press Office (London)

D News Chief Press Officers 9621 82906 020 7218 2906 DGMC-DNews
ChiefPressOff1
9621 84677 020 7218 4677 DGMC-DNews
ChiefPressOff2

b. For contact with local or regional media.

Regional Press Offices

Scotland 94740 2004 0131 310 2004/5

North East 94777 2020 01904 66 2020 or 2066

North West 94554 2219 01772 260219

Midlands 94461 2338 01743 262338
Wales 93762 2218 01446 744044
Eastern 95331 7149 01480 425346
South East 9621 83259 020 7218 3259
South West 9375 54344 01752 554344

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c. For Single-Service issues, contact the relevant Service AD -

D Def PR (Navy) AD 9621 87903 020 7218 7903 DGMC-DDefPR NavyAD
D Def PR (Army) AD 9621 84385 020 7218 4385 DGMC-DDefPR ArmyAD
D Def PR (RAF) AD 9621 87905 020 7218 7905 DGMC-DDefPR RAFAD

d. RAF personnel should submit manuscripts for clearance in the first instance to:
Publications Clearance Branch 95271 7144 020 8838 7144 AHB(RAF)&PCB(AIR)-
(Air) (RAF)- PCB(AIR)

e. For any other issues including clearance of requests by officers of 1-star and above to speak or
write in public:
DCP Coord 9621 82125 020 7218 2125 DGMC-DCP Coord

12.026 - 12.029. Reserved.

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PART 3 - PUBLIC RELATIONS OFFICERS

(Sponsor: DDC via AMC)

Public Relations – General

J12.030. While observing the need for security and the confidentiality of many Service
transactions, members of the Armed Forces have a responsibility for maintaining good relations
with the public and the Press. The regulations in this chapter are supplemented by 2016DIN03-
029 - Contact with the Media and Communicating in Public. ‘Press’ includes not only newspapers
and periodicals but also other publications, radio and television, films, video, social media, and the
Internet, ie all information media. It should be noted that the DIN also covers communicating in
public and online engagement as well as contact with the media. The rules and authorisation
procedures governing contact between members of the Armed Forces and Defence civilians and
Parliamentarians are detailed in 2016DIN05-25 - Contact with Parliamentarians.

Visits by Press Representatives

J12.031. Commanding Officers must ensure that instructions governing the admission of Press
representatives to HM ships, units and establishments and the facilities to be granted in connection
with such visits, are carefully observed. If in any doubt whatsoever, early contact is to be
established with Army HQ, AMC or the Command Media Staff if deployed as part of a Task Group.

Incidents Liable to Cause Parliamentary or Press Comment

J12.032. In general, the preceding regulations deal with the control of information and the
release of it to the Press. It is equally important, however, that Commanders and senior officers
and, as appropriate, officers in command of detached units should provide the Ministry of Defence,
specifically the Directorate of Defence Communications (DDC) with the earliest possible official
information of any incidents, occurrences or unusual events in which the Royal Navy, or the Army
or the Royal Air Force is involved and which may be liable to form the subject of comment in
Parliament or in the Press.

J12.033. When it is impossible for a full account of any incident to be rendered before the facts
have been thoroughly examined, an incomplete account should be sent at the earliest moment,
followed in due course by any detailed report considered necessary.

J12.034. Where such an incident occurs in a detached unit, the Commanding Officer is to inform
the Ministry of Defence direct by immediate signal, and such other authorities as may be laid down
in local orders. The Defence News Office is manned 24 hrs a day and can be reached on Main
Building Ext. 87907 or through the Whitehall Operator.

12.035 - 12.999. Reserved.

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ANNEX A(J) TO CHAPTER 12

PROCEDURE FOR SEEKING PERMISSION TO SPEAK IN PUBLIC, TO
LECTURE, OR TO WRITE FOR PUBLICATION
(PARAS J12.016, J12.021, J12.022 AND J12.023 REFER)

Public Speaking
1. Applications for or proposals by Service personnel to make public speeches (see Note 1) or
film, radio or television appearances, or to communicate with the press or other non Governmental
bodies are to be made as follows:

a. Personnel serving in Ministry of Defence headquarters are to seek prior approval from
the Director General Media and Communication (DGMC), through the appropriate Service
Assistant Director Defence Publicity and the individual's director, or head of personnel
division, department or division (see Notes 2 and 3). Two star officers and above must seek
approval from Ministers. Exceptions to this rule are authorized for Meteorological Office Staff
and for certain other individuals whose duties bring them into regular contact with the press,
but the DGMC should be consulted in any case of doubt.

b. Personnel serving outside Ministry of Defence headquarters are to seek the prior
approval of the CinC or head of establishment, or of the officer, official or authority to whom
their responsibility for giving approval in accordance with the regulations in paras J12.005 –
J12.023 has been delegated. In unusual circumstances, or in any case of doubt, the CinC or
head of establishment, or their authorized representative, is to consult the DGCC, through
the appropriate Assistant Director Defence Publicity. If there is insufficient time for the
necessary consultation the invitation should normally be refused (see Note 3).

2. It may be desirable and useful to seek permission in principle before embarking on the
preparation of the full text where the activity is to be given advance publicity.

3. See also para J12.022 concerning payments for broadcasting, lecturing or writing for
publication.

Lecturing or Writing for Publication

4. Application by Service personnel for permission to publish any book, monograph, article,
letter or other textual material, to give a public lecture or to put forward any thesis for a degree or
diploma are to be submitted in the first instance to the author's commanding officer or head of
establishment. This includes the publication of official information for public access on the Internet
or any other electronic or communications medium. Material submitted for open publication must
be ‘Unclassified' and applicants, or their commanding officers should seek guidance as necessary
from the appropriate security authority. Unless covered by paras 3 - 4, applications are then to be
submitted as follows:

a. Navy and RM personnel to Assistant Director Defence Publicity (Navy) (AD Def
Pub(N)).

b. Army personnel to Assistant Director Defence Publicity (Army) (AD Def Pub(A)).

c. Air Force personnel to PCB (Air).

d. Equipment Capability, Defence Procurement Agency, DLO and Defence Operational

Analysis Organization (DOAO) personnel to HQ Sy (S&T) 2.

e. Other civilian personnel to the DGMC.

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5. The clearance authority should refer material which appears to come within the scope of a
‘DA' Notice to the Office of the Defence Press and Broadcasting Advisory Committee (DPBAC).

6. Material on scientific or technical subjects is to be sent by the author's commanding officer or

head of establishment/Division including Ministry of Defence staff to HQ Sy (S&T) 2 who will
forward it with their recommendations to AD Def Pub(N), AD Def Pub(A) or PCB (Air) as
appropriate.

7. Material on Army and RAF medical subjects should be forwarded to the appropriate
clearance authority through single service Medical Directors. Instructions for RN Service medical
subjects are contained in BR 1991 (Instructions for the RN Medical Service).

8. No commitments or negotiations with private publishers or the organizers of lectures or

discussion groups may be entered into before authority is obtained. Authors who wish to make
forward plans or to give advance publicity to any such activity are advised to submit a brief
synopsis of the text for approval in principle; the full text should then follow as soon as possible.
Copies of the full text must not be forwarded to publishers or other outside bodies before full
approval has been given and it must be made clear to any organizers that participation is subject to
clearance of the full text.

9. Texts should be complete with illustrations, drawings, etc.. They should be typewritten and
submitted in duplicate. Material for clearance should reach the appropriate clearance authority as
soon as possible and not later than three (clear) weeks before it is required, as controversial and
technical material or lengthy books may take a considerable time to clear. Cases of special
urgency can be considered on their merits. If however, the work is based on or includes any
element of official material, information or experience, additional problems of Crown copyright may
have to be referred to the Ministry of Defence Library (Crown Copyright Section) and the
agreement of The Stationery Office may have to be obtained before authority to publish can be
given.

10. Applicants should state in the submission to their commanding officer or head of
establishment whether or not:

a. The work has been carried out in the course of official duties.

b. Use has been made of official material (published or unpublished) either by inclusion of
extracts from official documents or by the use of official documents as a basis for the work.

c. The work includes non-official material (eg material obtained from a commercial or
private source) and, if so, if the owner of the copyright has given written permission for its
use.

d. The work was done in official time, the author's own time, or both; if the last, the
proportion should be stated.

e. Official typing or reproduction facilities were used in preparing the manuscript.

f. A fee or other payment is expected; if so, the amount should be stated (see para
J12.002).

11. Applications should be referred to the author if the submission omits any of the above points
on the MOD Form 655.

12. The individual's commanding officer or head of establishment, department or division should
state whether or not they recommend publication when they forward the application to the

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clearance authority. Their comments should accompany that statement whenever they consider it
necessary to comment on any aspects of the application and particularly where the material deals
with scientific, technical or medical matters which are the concern of their establishment,
department or division.

13. Permission to publish will apply only to the text as submitted; if any alterations, other than of
a purely editorial nature, are made after permission has been given, further authority must be
sought for the alterations. The granting of permission to publish does not confer official
endorsement of the content of the text; statements tending to imply that official approval has been
given, or references to the fact that permission has been granted, must not be included in any part
of the text and are not to be made separately. A copy of the text will be retained by the Ministry of
Defence for reference.

14. Material intended for publication in the journals listed below may be submitted direct to the
editors, who will obtain clearance on policy and security grounds as necessary from Service
Directors of Corporate Communications or from the Ministry of Defence publication clearance
authorities as appropriate;

RUSI Journal Navy News

Naval Review Soldier
Army Quarterly Defence Journal RAF News
British Army Review Dockyard newspapers
Air Clues The Officer

15. Subject to local orders, matter intended for ship and unit magazines, and for Corps and
Regimental journals, may also be submitted direct to the editors. Commanding officers must
satisfy themselves that material intended for such publications does not infringe security
regulations and is generally suitable, having regard to all the considerations set out in this chapter.

16. Articles or notices concerning social or athletic matters which do not contravene the
provisions of security regulations may be published without authority from the Ministry of Defence.

Notes:
1. Public speeches should be submitted for prior clearance under the procedures for lectures
(para 4) if their text is likely to be published afterwards, or quoted by a broadcasting authority,
newspaper or magazine, either in whole or in part if they contain scientific or technical data, or if
they comment on procurement Executive projects, so that they may be fully cleared in all respects,
including Crown copyright aspects.

2. Because service in the Ministry of Defence is likely to be regarded as conferring a special

degree of authority or importance on statements made by an official speaker, Ministerial approval
will be sought by the DGMC in all cases concerning personnel serving in the Ministry of Defence.

3. Normally, permission to express views on politically controversial issues will be refused. For
any exception to this rule, the DGMC will seek the prior approval of the Secretary of State for
Defence.

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CHAPTER 13
ESTATE, WORKS AND LANDS

The Defence Estate

J13.001. The Defence estate consists of all land, water and buildings and other structures
owned or used by the Ministry of Defence and the Armed Services.

J13.002. Top Level Budget (TLB) holders are responsible for the efficient management of the
Defence estate. Within the Ministry of Defence, the Defence Estates (DE) provides a defence wide
strategic overview of the management of the estate and maintains the full range of professional
services to assist the TLB holders in the discharge of their responsibilities.

Responsibility for Works Services

J13.003. Works services are divided into projects and property management. Financial
limitations set by the Treasury determine the separation between the two categories.

J13.004. Specific guidance on property management and projects are contained in Joint Service
Publications (JSPs) 434 (Property Management) and 435 (Works Projects).

J13.005. The responsibility for the planning, design and construction of works projects to meet
Service requirements and for the management of existing buildings in the United Kingdom and
overseas lie with the appropriate budget holder, with policy, procedural, contractual and
technical guidance available from central Ministry of Defence sources. Exceptions to this are:

a. Royal Engineers (RE) are responsible for works services on operations, in overseas
locations not staffed by the DE, RN or RAF when the operation is mounted.

b. Particular commitments for restoring overseas airfields to their operations state with all
speed: these situations occur in the event of hostilities when it is not possible for the normal
Ministry of Defence works services procedures to effect repairs immediately and RE are
ordered to do so by the CinC.

J13.006. The DE provides a central focus for works policy regarding projects, property
management, upkeep of historic buildings and liaison with governmental and non-governmental
departments, including local authorities. It is responsible for the promulgation of “in-house”
professional technical advice, standards and procedures on works matters; procuring technical
expertise from industry on behalf of budget holders; and letting works contracts. It also acts as an
interface between the construction industry and Ministry of Defence works staff. It is responsible
for rationalization of the Ministry of Defence estate including sales and acquisitions of land and
buildings.

J13.007. The Ministry of Defence is required to fulfil its statutory obligations concerning the
upkeep of buildings which are listed or scheduled as ancient monuments (protected buildings).
Budget holders, with advice from the DE, are responsible for providing the necessary funding and
estate management.

Property Management
J13.008. Management of the Ministry of Defence estate is the responsibility of appropriate TLB
holders who appoint Property Managers (PRPMs) to oversee the works maintenance programme
for one or more establishments within the estate. Depending upon the size of the establishment a
PROM may have an assistant (an assistant PROM (APROM)) or in the case of the RAF, an OC
Works Services Flight (OCWSF). The PROM represents one or more budget holder’s interest as

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clients and is able to call upon advice from two professional civilian sector organizations, the
Establishment Works Consultant (EWC) and the Works Services Manager (WSM), and from the
DE. The PROM is the designated officer in the works maintenance contracts let to the EWC and
WSM.

J13.009. The EWC is a commercial professional organization, contracted to supply PROMs with
multi-disciplinary professional advice, and for determining the condition and maintenance needs of
the estate; the forward planning and budgetary information required to meet these needs; how to
maintain the asset value within the funds allocated; and quality control. The EWC provides an
independent audit of the WSM. The EWC is appointed by the DE, after open competition, on a
fixed fee contract except for those appointed under the tied-site arrangements and on those sites
served by RE personnel.

J13.010. The WSM is a separate commercial professional organization and is appointed in a

similar way to the EWC. The WSM implements the property management programme, under the
direction of the PROM, using approved subcontractors or directly employed labour.

J13.011. The PROM will interface with regional offices of the DE for advice on buildings,
property management, works technical advice and lands issues.

J13.012. Details of property management are contained in JSP 434 (Property Management).
Further guidance can be found in JSP 414 (Management Strategy) and advice and instructions
issued periodically by the Ministry of Defence.

Capital Works Projects

J13.013. Whenever it is proposed to construct, refurbish buildings or other facilities where the
cost is estimated to be of project proportions either for the use or benefit of Ministry of Defence
personnel or upon land appropriated for such use, the user is to submit the proposal, through the
chain of command, to their TLB holder (or lower budget level depending upon levels of financial
delegation). Once the TLB holder, after seeking appropriate advice from the De and specialist
advisers, has agreed to the proposal and included it in the management plan, a project sponsor
and subsequently a project manager, will be appointed to take the project forward. Financial
limitations set by the Treasury as laid down in JSP 414 (Management Strategy) will determine
which projects will have to be submitted to the Ministry of Defence for approval. Specific guidance
is available in JSP 435.

J13.014. No changes or modifications are to be made to any works brief without the authority of
the authorized sponsor and/or budget holder given in accordance with JSP 435.

J13.015. On project completion the project sponsor is to form an acceptance board convened by
the appropriate budget holder, for works certified by the project manager as being satisfactorily
completed. The function of the board is to provide the mechanism to formally accept the project
and assume the responsibility for the subsequent maintenance and management of the facility by
the property manager. Further details are contained in JSP 435.

Naming or Renaming of Barracks

13.016. When a barracks, camp or road is to be named or renamed a suggested name is to be
submitted by the command or headquarters concerned for approval by the TLB holder concerned.
If the proposal affects more than one TLB holder and there is conflict between the TLB holders, the
matter is to be referred to the Ministry of Defence (DGS). If the proposed name is that of a
Member of the Royal Family or a famous person who has died within the past
20 years, the Royal Assent or the agreement of the next of kin of a deceased person for such use
will be obtained by the Ministry of Defence (PS 12(Army)). It is undesirable for the names of

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persons in the following categories to be used for the naming of barracks, camps and buildings
within establishments and married quarters:

a. Serving members of the armed forces.

b. Retired officers re-employed and remunerated from public funds.

c. Serving members of the Civil Service.

13.017. The command or headquarters will publish the new name in its routine orders.

Reappropriations and Disposal of Buildings

13.018. It is the duty of a commanding officer or head of a service to bring to notice any
reappropriation that, in their opinion, would lead to economy and be of advantage to the Service.
Applications are to be submitted to the next headquarters, which is to consult the appropriate
Higher Level Budget (HLB)

13.019. Subject to the following conditions, a reappropriation may be sanctioned by the

appropriate HLB holder:

a. Only accommodation or buildings, other than Service Families Accommodation (SFA),

authorized in the Services Accommodation Code (JSP 315) or Barrack Synopsis will be
considered.

b. Space assigned to mobilization stores is not taken.

c. The cost of any works services involved is to be within delegated powers of approval
and are subject to funds being available at the appropriate budget level.

d. A special or unauthorized issue of furniture or equipment is not involved

e. In the case of an effective work of defence, the reappropriation must not affect the
object for which it was constructed.

f. Accommodation stores to meet the new requirement are available locally without
detriment to normal maintenance requirements.

13.020. All other cases require the sanction of the appropriate TLB holder. Each proposal is to
be detailed on AF K1318 in duplicate, and is to be accompanied by a letter explaining the
necessity of the service and the benefits to be derived from it. It is important that the plans should
be in sufficient detail to illustrate clearly to anybody not personally acquainted with the situation the
effect of the proposals and the structural alterations involved.

13.021. A board assembled to report on reappropriations, on sites for buildings, on new

buildings or on SFAs considered unfit for further occupation, will consist of a field officer or retired
officer Grade 2 as president; the project sponsor in the case of new buildings; a regimental officer;
the PROM or APROM; a DE (works and/or land) representative; the OIC barracks; in the case of
SFAs, a medical officer; and a representative of the Defence Housing Executive (DHE); and any
other officers or civilian consultants concerned, according to the matter to be considered. The
regimental officer will not be required if a regimental field officer is president. At the discretion of
the convening officer, warrant officers or senior NCOs from the formation concerned may be
detailed in place of the officers other than the field officer.

13.022. In minor cases not affecting SFAs it will be unnecessary to assemble a board, but the
opinion of the commanding officer of the unit and of other officers concerned is to be obtained.

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13.023. HLB holders are to maintain a master register of all reappropriations and
misappropriations.

13.024. Proposals for the demolition of Ministry of Defence (Army Department) buildings are to
be dealt with as follows:

a. When forming part of a general modernization or rebuilding scheme, all proposals for
the demolition of temporary or permanent buildings are to be submitted and dealt with as part
of that scheme.

b. When connected with a reappropriation proposal covered by para J13.015 the

proposals are to be submitted to the appropriate TLB holder on AF K 1318.

c. When the buildings or huts are situated on Ministry of Defence land that has been
declared surplus, their demolition and subsequent disposal should be agreed between the
TLB holder and the DE.

d. All proposals for the demolition of temporary huts and temporary structures, other than
at a, b, and c, are to be authorized at HLB level.

e. Advice on proposals that affect listed buildings or ancient monuments or buildings in

Conservation Areas must be sought from the DE.

Responsibility for Lands Services

J13.025. Budget holders retain responsibility for the overall management of all Defence land
(land for the built estate, training land and ranges). The DE undertakes a variety of lands related
tasks as an agent of the budget holder. Issues such as environmental protection are covered by
management plans drawn up by the budget holder with the assistance of the DE.

Management and Disposal of Redundant Land and Property

J13.026. Ministry of Defence land and property is to be kept under continuous review by TLB
holders, commanding officers, heads of establishments and, in the case of the Army, division or
district commanders, in consultation with their local DE office. Land for which there is no
foreseeable Defence use is to be declared surplus. Whenever the function of an establishment
changes, a re-examination of holdings is to be carried out by the reviewing authority to see
whether it is still necessary to retain all the land and buildings. The caretaking of unoccupied
property for which there is a continuing Defence requirement is to remain the responsibility of the
TLB holder.

13.027. The decision as to whether caretaking of redundant holdings is necessary or desirable

will be agreed between the TLB holder and the DE. On advice of the DE, who are responsible for
arranging for the caretaking of all redundant land and property in the process of disposal, the TLB
holders will retain full financial responsibility for the funding and provision of essential maintenance
services and security until the point of sale. The appropriate HLB holder, through the PROM, will
provide the necessary management.

J13.028. In cases where only part of an establishment has been declared redundant and is
awaiting disposal, the unit occupying the remainder of the site will be responsible for any
caretaking and maintenance which may be necessary; exceptionally this will not apply where the
occupation comprises only a retained SFA site or when the occupying unit is so small as to be
incapable of this task. The DHE retains the responsibility for management of the SFA site, working
through the responsible budget holder.

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J13.029. Whenever a property is suspended from disposal, the responsibility for care and
management of the property will return full to the TLB holder.

J13.030. Specific guidance on site closures and disposal actions will be contained in a site
closure guide to be published by the DE as a JSP.

13.031 - 13.999. Reserved.

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