The Armed Forces (Enlistment) Regulations 2009

UK Statutory Instrument 2009 No. 2057 — creates 1 criminal offence.

Made

20 July 2009

In force from

31 October 2009

Extent

Not stated

Subject

Miscellaneous

Made under

Armed Forces Act 2006, In accordance with section 373(3) of the Armed Forces Act 2006

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision with respect to the enlistment of persons in the regular forces. Regulation 3 requires enlistment to be undertaken by recruiting officers, and provides for the appointment of such officers. Regulation 4 prohibits the enlistment of persons under the age of 16, and makes the purported enlistment of such a person void unless the recruiting officer is satisfied that the person is at least 16; but the recruiting officer’s signature on the enlistment paper is sufficient evidence that he was so satisfied unless the contrary is proved. Regulation 5 requires the written consent of a parent or other appropriate person (if such a person can be identified), or in some cases more than one such person, before a person under the age of 18 may be enlisted. Regulation 6 enables a person enlisted into the regular army to be enlisted for service in a corps or for general service. Regulation 7 sets out the procedure for enlistment, including the attestation of the enlistment by the recruiting officer and delivery of the completed enlistment paper to an approving officer. Regulations 8 to 11 make provision as to the validity of an enlistment. Regulations 8 and 9 allow the enlistment to be declared invalid by the approving officer or, on application, the Defence Council. The recruit may make an application to the Defence Council within three months of the enlistment (or before his 16th birthday, if later). If he was aged under 18 at the time of the enlistment, his parent or other appropriate person may also apply. Where his enlistment is declared invalid, regulation 10 requires him to be discharged, but he is deemed to be a member of the regular forces until discharged. Regulation 11 deems an enlistment to be valid unless it has been declared invalid under regulation 8 or 9 or is void under regulation 4 or any other enactment. Regulation 12 creates an offence of knowingly giving a false answer to any question in the enlistment paper put to the recruit by the recruiting officer. The offence may be tried by a civilian court, but is also a service offence if the recruit is enlisted and thus becomes subject to service law. The Schedule contains transitional provisions.

Offences created by this instrument

• False answers on enlistment regulation 12(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Armed Forces, Army, Air Force and Naval Discipline Acts (Continuation) Order 2009 Lords · Lords Chamber · 18 June 2009 · Lord Lee of Trafford

  My Lords, from the Liberal Democrat Benches, I support these eight orders. They represent a thorough updating of Armed Forces law, particularly in relation to enlistment, court-martial and other disciplinary and prosecution matters. The Armed Forces (Enlistment) Regulations 2009 will have a somewhat historic impact on the Royal Navy, in that it will mean recruits will no longer enter service but will be enlisted and, for the first time, will be required to swear an oath of allegiance. We understand that the reason for the Royal Navy’s historic exemption is that it is the oldest of the three…

• Business without Debate Commons · Commons Chamber · 24 June 2009 · Mr. Speaker

  With the leave of the House, we shall take motions 4 to 11 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Tribunals and Inquiries That the draft Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009, which was laid before this House on 1 June, be approved. That the draft Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009, which was laid before this House on 1 June, be approved. That the draft Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009, which was laid before this House on 1…

• Armed Forces Bill Lords · Lords Chamber · 27 April 2016 · Earl Howe

  My Lords, I welcome the continued interest of the noble Lord, Lord Judd, in the recruitment of under-18s into the Armed Forces and I hope that I can now provide a considerable measure of reassurance to him and other noble Lords who have spoken. Let me start by addressing Amendment 7. As I said in Grand Committee, we are very clear in our belief that junior entry offers a range of benefits not only to the Armed Forces and society but to the individual, providing a highly valuable vocational training opportunity for those wishing to follow a career in the Armed Forces. The provision of…

• Armed Forces Recruitment: Under-18s Commons · Westminster Hall · 7 February 2017 · Steven Paterson (Stirling) (SNP)

  I am grateful for the chance to speak and to serve under your chairmanship, Mr Pritchard. The SNP’s position is that we recognise persons who have reached the age of 16 as old enough to leave school, marry, work and pay tax, and, despite scepticism from the other parties in Scotland before the independence referendum, we believe and have long believed that they have the right to vote as well. I am glad to say that we have won over the doubters on that particular campaign and I look forward to that example being followed down here. Fundamentally, the SNP position on this issue reflects our…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2009