Bermuda Regiment Governor's Orders 1993
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
1
BR 6/1993
DEFENCE ACT 1965
1965 : 165
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
ARRANGEMENT OF ORDERS
1 Citation
2 Interpretation
3 Exercise of Governor's
powers
PART II
COMMAND AND SENIORITY
4 Command
5 Honorary Colonel
6 Appointment of
Commanding Officer
7 Period of command
8 Appointment of Second-
in-Command
9 Seniority in the Regiment
PART III
REGISTRATION FOR SERVICE
10 Duty to report for service
PART IV
EXEMPTION FROM, AND
DEFERMENT OF, SERVICE
11 Applications for
exemption from, or
deferment of, service
12 Applications for deferment
in certain other cases
13 Applications by parents
etc, in certain cases
14 Restriction on deferment
of service
PART V
PROMOTION IN THE
REGIMENT
15 Eligibility for appointment
as an officer
16 Procedure for award of
commission
17 Power to refuse
applications in certain
cases
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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18 Award of commission in
special cases
19 Promotion of officers
20 Supersession of officers
21 Gazetting of officers'
promotions
22 Acting appointments of
officers
23 Promotion to warrant
officer
24 Other promotions
25 Annual reports
PART VI
THE PROMOTIONS BOARD
26 The Promotions Board
27 Tenure of Board Members
28 Meetings, etc
29 Secretary
30 Reports, etc
31 Power to regulate
proceedings
PART VII
PERIOD OF SERVICE
32 Period of service of
volunteers
33 Normal rules for
termination of service
34 Voluntary resignation or
retirement by officers
35 Voluntary return of
officers to active service
36 Termination of officer's
service on medical
grounds
37 Procedure where officer is
charged with inefficiency
38 Procedure where officer is
charged with misconduct,
etc
39 Procedure where warrant
officer or senior n.c.o. is
charged with inefficiency
or misconduct, etc
PART VIII
SUPPLEMENTAL
40 Revocation of S.R.& O.
No. 6 of 1977
41 Commencement
Schedule
In exercise of the powers conferred upon the Governor by section
11 of the Defence Act 1965 and every other power him hereunto
enabling, the following Orders are hereby made:-
PART I
PRELIMINARY
Citation
1 These Orders may be cited as the Bermuda Regiment Governor's
Orders 1993.
Interpretation
2 In these Orders, unless the context requires otherwise—
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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"the Act" means the Defence Act 1965;
"the 1977 Orders" means the Governor's Orders for the Bermuda
Regiment 1977;
"serve" means serve in the Regiment, and "service" has a corre-
sponding meaning;
"specialist officer" means an officer holding—
(a) the post of Chaplain, Director of Music, Paymaster,
Quartermaster or Surgeon; or
(b) any other post for the time being declared by the
Governor to be a specialist post.
Exercise of Governor's powers
3 The powers given to the Governor by these Orders are to be
exercised by him in his discretion.
PART II
COMMAND AND SENIORITY
Command
4 (1) The Regiment is under the command of the Commanding
Officer.
(2) The Commanding Officer is responsible for the control and
administration of the Regiment, subject to the Governor's directions.
Honorary Colonel
5 The Governor may appoint a person to be the Honorary Colonel
of the Regiment, with the rank of Colonel.
Appointment of Commanding Officer
6 (1) The Commanding Officer shall be appointed by the
Governor acting as far as possible in accordance with the provisions of
this Order.
(2) A person shall not be considered for appointment as
Commanding Officer unless he has attained the rank of Major.
(3) The outgoing Commanding Officer shall—
(a) furnish to the Promotions Board the annual reports of
all Majors that are currently recommended to command;
and
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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(b) recommend to the Board the Major whom he considers
best suited to be Commanding Officer.
(4) The Promotions Board shall then make its own
recommendation to the Governor and, in doing so, shall take into
account the outgoing Commanding Officer's recommendation but is not
bound by it.
Period of command
7 (1) Subject to paragraph (2), the period of a Commanding
Officer's command shall be not less than two years nor more than three
years.
(2) The Governor may, in circumstances considered by him to
be exceptional, extend a Commanding Officer's period of command by
one or more extensions, but a Commanding Officer's period of command
shall not exceed five years in total.
Appointment of Second-in-Command
8 Order 6 has effect mutatis mutandis in relation to the
appointment of a Second-in-Command as it has in relation to the
appointment of a Commanding Officer, except that -
(a) the reference in sub-paragraph (a) of paragraph (3) of
the Order to recommendation to command shall not
apply; and
(b) references to the Commanding Officer shall be
substituted for the references in the Order to the
outgoing Commanding Officer.
Seniority in the Regiment
9 (1) The Commanding Officer has command over all the
members of the Regiment, irrespective of seniority.
(2) The Second-in-Command has command over all the
members of the Regiment save the Commanding Officer.
(3) The senior officer present has command over all the
members of the Regiment in the absence of the Commanding Officer and
the Second-in-Command.
(4) Where an officer of one of Her Majesty's regular forces in the
United Kingdom has been appointed as a staff officer to, and is acting
with the authority of, the Commanding Officer, he has seniority
commensurate with that authority.
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(5) Subject to paragraphs (1) to (4) of this Order and to
paragraph (8) of Order 16 -
(a) officers have seniority according to their respective
ranks;
(b) officers of the same rank have seniority according to
their respective dates of appointment;
(c) officers appointed to the same rank on the same date
have seniority according to the order in which their
appointments were gazetted.
PART III
REGISTRATION FOR SERVICE
Duty to report for service
10 (1) Every person who becomes liable for service shall report
forthwith during ordinary office hours either to a police station or to
Warwick Camp and there complete Part I of the Form in the Schedule.
(2) The reference in paragraph (1) to a person who becomes
liable for service includes, where a person has been granted a deferment
of or an exemption from service, a reference to that latter person as soon
as the deferment or exemption has expired.
PART IV
EXEMPTION FROM, AND DEFERMENT OF, SERVICE
Applications for exemption from, or deferment of, service
11 (1) A man of the Regiment who desires -
(a) exemption from service under section 23 of the Act; or
(b) deferment of service under section 25 of the Act,
shall make application for the purpose to the Exemption Tribunal.
(2) A man of the Regiment who is actively serving and desires a
temporary deferment of his service shall make application for the
purpose to the Commanding Officer, who shall pass the application to
the Exemption Tribunal with his recommendation.
Applications for deferment in certain other cases
12 Where a man of the Regiment who is—
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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(a) an exempted person by virtue of paragraph (g) or (h) of
the definition of "exempted person" in subsection (1) of
section 12 of the Act; or
(b) a medically unfit person,
is himself unable to make application to the Exemption Tribunal for
deferment of his service, the Commanding Officer may make the
application on that man's behalf.
Applications by parents etc, in certain cases
13 Without prejudice to Order 12, an application by a person to the
Exemption Tribunal under section 23 or 25 of the Act may be made
either by him or, on his behalf, by his parent, his employer or a friend.
Restriction on deferment of service
14 The Exemption Tribunal shall not defer service for a period in
excess of a year, but that shall not prevent the Exemption Tribunal from
granting one or more continuations of deferment of service for periods of
a year or less at a time if in the Exemption Tribunal's opinion the
circumstances warrant.
PART V
PROMOTION IN THE REGIMENT
Eligibility for appointment as an officer
15 (1) A man of the Regiment is, subject to the provisions of this
Part, eligible for appointment by the Governor by commission to the
lowest rank of officer in the Regiment if he -
(a) is a British citizen or a British Dependent Territories
citizen (Bermuda); and
(b) is 18 years of age or over; and
(c) is physically fit.
(2) The Commanding Officer shall refer to the Defence Medical
Board any question as to the physical fitness of a person for the
purposes of sub-paragraph (c) of paragraph (1), and that Board shall
decide any question so referred.
Procedure for award of commission
16 (1) This Order states the procedure for the award of a
Governor's commission.
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(2) If there is a vacancy in the establishment for officers, the
Commanding Officer shall call for persons to volunteer, subject to Order
17, to attend a potential officers selection course and be examined by a
selection board.
(3) A selection board for the purposes of paragraph (2) is one
appointed by the Commanding Officer and consisting of not fewer than
three nor more than four officers of the Regiment presided over by an
officer of or above the rank of Major.
(4) The selection board shall select the successful candidate or
candidates and recommend him or them to the Commanding Officer for
attendance at an approved overseas commissioning course.
(5) The Commanding Officer shall in due course put forward to
the Promotions Board the name of every candidate who has passed the
approved overseas commissioning course, together with his
recommendations in the matter.
(6) The Promotions Board shall recommend to the Governor the
name or names of the candidate or candidates for commissioning.
(7) The Governor may then make the requisite appointment or
appointments as he may see fit.
(8) The respective seniority of persons commissioned together
pursuant to this Order shall be in conformity with their performance on
the approved overseas commissioning course, unless the Governor
determines otherwise.
(9) The Commanding Officer shall gazette the name of every
person awarded a Governor's commission.
Power to refuse applications in certain cases
17 (1) The Commanding Officer may withhold permission to
attend a potential officers selection course from a person who has
volunteered as mentioned in paragraph (2) of Order 16.
(2) Where the Commanding Officer withholds permission under
paragraph (1), he shall give the person concerned his reasons.
(3) A person from whom permission is withheld under
paragraph (1) may within twenty-one days of receiving the Commanding
Officer's reasons under paragraph (2) appeal to the Promotions Board
against the decision.
(4) The Promotions Board may reject or allow an appeal under
paragraph (3), and shall in either event communicate its decision on the
appeal to the Commanding Officer, who shall then act in conformity with
the Board's decision.
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Award of commission in special cases
18 (1) Notwithstanding Orders 16 and 17, the Governor may, in a
case to which this Order applies, award a commission to a person under
the procedure set forth in this Order.
(2) This Order applies to the case where the Commanding
Officer is of opinion that a person has qualifications entitling him to
special consideration for the grant of a commission.
(3) In a case to which this Order applies—
(a) a person may be awarded a commission without
attending a potential officers selection course or going
before a selection board;
(b) a person may be appointed to a rank higher than that of
Second Lieutenant.
(4) In a case to which this Order applies, the Commanding
Officer shall make a recommendation to the Promotions Board, which
shall consider the recommendation and then make its own
recommendation to the Governor.
Promotion of officers
19 (1) The Governor may at any time promote an officer to a
higher rank under the procedure set forth in this Order.
(2) The Commanding Officer shall make the requisite
recommendation to the Promotions Board, which shall consider the
recommendation and then make its own recommendation to the
Governor.
(3) The rules of eligibility for the purposes of this Order are as
follows—
(a) a Second Lieutenant is eligible for promotion to
Lieutenant if he has served one year as a Second
Lieutenant;
(b) a Lieutenant is eligible for promotion to Captain if he has
served three years as a Lieutenant and has passed a
Lieutenant to Captain promotion examination;
(c) a Captain is eligible for promotion to Major if he has
served four years as a Captain and has been certified by
the commandant of an overseas company commanders
course as having satisfactorily completed that course;
(d) a specialist officer -
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(i) if of or above the age of 30 and not already a
Captain, is eligible for promotion to Captain
after three years commissioned service in his
speciality;
(ii) if not already a Major, is eligible for promotion to
Major after five years as a Captain;
(iii) may not be promoted to a rank higher than
Major; and
(iv) may be exempted by the Commanding Officer
from any or all military training outside his
speciality.
Supersession of officers
20 (1) Where an officer is to be superseded for promotion, the
Commanding Officer shall inform him -
(a) of the reasons for his proposed supersession; and
(b) of his right to an interview with the Governor about the
proposed supersession,
before notice of the promotion or appointment involving his supersession
is published.
(2) An officer intending to exercise his right to an interview
under paragraph (1) shall make application for that purpose to the
Commanding Officer.
Gazetting of officers' promotions
21 The Commanding Officer shall gazette every substantive
promotion of an officer.
Acting appointments of officers
22 (1) The Commanding Officer may at any time appoint an officer
to an acting rank to fill a vacancy temporarily.
(2) A person may be appointed under paragraph (1) to a rank
which he is not qualified to hold substantively.
(3) The Commanding Officer may at any time relieve an officer
of his acting rank.
(4) The holding of an acting rank does not affect an officer's
substantive rank or seniority.
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Promotion to warrant officer
23 (1) The Governor may at any time promote a senior non-
commissioned officer to be a warrant officer under the procedure set
forth in paragraph (2).
(2) The Commanding Officer shall make the requisite
recommendation to the Promotions Board, which shall consider the
recommendation and then make its own recommendation to the
Governor.
Other promotions
24 Subject to Orders 15 to 23 above, promotion of a member of the
Regiment is in the power of the Commanding Officer.
Annual reports
25 The Commanding Officer shall not later than 1st July in every
year submit to the Governor, as the senior reporting officer, a report in
writing, to be called an "annual report", on the conduct and efficiency of
every officer, warrant officer and senior non-commissioned officer.
PART VI
THE PROMOTIONS BOARD
The Promotions Board
26 (1) There shall continue to be a Promotions Board, with the
constitution and functions set forth in these Orders.
(2) The Board shall consist of a Chairman, and not fewer than
four nor more than six other members, appointed by the Governor.
Tenure of Board Members
27 (1) A member of the Board holds office for a term of one year
from the date of his appointment.
(2) If the Governor is of opinion that a member of the Board
has become unfit or unable to continue as a member of the Board, he
shall so declare by notice in writing to the Chairman, and that member's
membership thereupon determines.
(3) A member of the Board may resign at any time by notice in
writing to the Governor.
(4) A person appointed to fill the place of a member ceasing to
be a member by virtue of paragraph (2) or (3) holds office for the un-
expired portion only of that member's term.
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(5) A past member of the Board may be re-appointed.
Meetings, etc
28 (1) The Chairman or, failing him, such member of the Board as
the Chairman may select, shall preside over meetings of the Board.
(2) Three members form a quorum for meetings of the Board.
(3) An act of the Board is not invalid by reason only of a
vacancy in the Board's membership or a defect in a member's
appointment.
(4) Any question for decision by the Board shall be decided by
a majority of the members present and voting. Each member present
has one vote except that the person presiding has a second vote if there
is a tie.
Secretary
29 The Governor shall appoint a secretary to the Board, who shall
keep minutes in proper form.
Reports, etc
30 The Board shall furnish the Governor with such returns and
other information regarding the activities of the Board as he may from
time to time require.
Power to regulate proceedings
31 Subject to this Order, the Board may regulate its proceedings as
it sees fit.
PART VII
PERIOD OF SERVICE
Period of service of volunteers
32 A volunteer may be enlisted, or, in the case of a person who is
serving and wishes to serve beyond the period referred to in subsection
(1) of section 28 of the Act, be re-engaged, for periods in each case not
exceeding four years at the Commanding Officer's discretion.
Normal rules for termination of service
33 (1) This Order governs the termination of service in any case
where termination of service is not otherwise regulated by the Act or
these Orders.
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(2) Subject to this Order, the service of a man of the Regiment
terminates either—-
(a) on his reaching the age of 45; or
(b) on his completing 25 years of service,
whichever of those events first occurs.
(3) Subject to paragraph (4), a Lieutenant's service terminates
on his reaching the age of 32.
(4) If the Commanding Officer considers that it is in the
interests of the Regiment that a Lieutenant should continue to serve after
he has reached the age of 32, he shall make a recommendation for the
purpose to the Promotions Board, which shall consider the
recommendation and then make its own recommendation in the matter
to the Governor; and the Governor may then direct that the officer's
service shall continue for a period not exceeding one year.
(5) Subject to paragraph (6), a Captain's service terminates on
his reaching the age of 42.
(6) Paragraph (4) applies in relation to a Captain mutatis
mutandis as it applies in relation to a Lieutenant, except that the
Commanding Officer's recommendation on a Captain must be
accompanied by a medical report on the officer by the Defence Medical
Board.
(7) Subject to paragraphs (8) and (9), a specialist officer's
service terminates on his reaching the age of 50.
(8) A specialist officer's service may with his agreement be
extended for periods of a year at a time or less to enable him to serve up
to but not beyond his fifty-fifth birthday.
(9) The Commanding Officer may at any time recommend to
the Governor, and the Governor may then determine, that a specialist
officer who is not a member of the Regiment's permanent staff shall
resign his commission or retire, whether or not he has reached the age of
50.
(10) Paragraphs (2) to (9) of this Order do not apply in relation to
a person who immediately before the date of commencement of these
Orders was—
(a) a contributor as defined in subsection (1) of section 2 of
the Public Service Superannuation Act 1981; and
(b) either—
(i) below the rank of Lieutenant; or
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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(ii) above the rank of Captain,
in the Regiment; and, instead, Order 22 of the 1977 Orders as in force
immediately before that date shall, in so far as that Order then had effect
in relation to him, continue in force in relation to him on and after that
date notwithstanding its revocation by Order 40 of these Orders.
Voluntary resignation or retirement by officers
34 (1) This Order governs the case of an officer who wishes of his
own motion to resign his commission or to retire.
(2) Such an officer shall make application in writing for the
purpose to the Governor through the Commanding Officer.
(3) An officer who has served as an officer for ten years or more
is entitled to retire.
(4) An officer who has served as an officer for three years or
more but less than ten years may resign his commission with the
Governor's permission.
(5) An officer who has served as an officer for less than three
years may resign his commission with the Governor's permission if in the
Governor's opinion there are exceptional reasons warranting that course.
Voluntary return of officers to active service
35 (1) This Order governs the case where an officer—
(a) has resigned his commission and wishes to be re-
commissioned; or
(b) has retired and wishes to return to the active list.
(2) Such an officer shall make application in writing for the
purpose to the Governor through the Commanding Officer, who shall
refer the application to the Promotions Board with his recommendation.
The Promotions Board shall consider the Commanding Officer's
recommendation and shall then make its own recommendation to the
Governor.
(3) An application cannot be made under paragraph (2)—
(a) by a specialist officer who is 55 years of age or older; or
(b) by any other officer who is 45 years of age or older.
(4) The Governor may, after considering a recommendation
made pursuant to paragraph (2), grant such an application.
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Termination of officer's service on medical grounds
36 (1) If the Commanding Officer has reason to believe that an
officer is medically unfit to perform his duties, he shall order him to
undergo a medical examination by the Defence Medical Board.
(2) The report of the Defence Medical Board upon such an
examination shall place the examined officer in one of the following
grades—
Grade I: fit for all duties;
Grade II: fit for administrative duties only, but with the
possibility of being placed in Grade I within
twelve months;
Grade III: fit for administrative duties only, and unlikely
ever to be placed in Grade I or II;
Grade IV: unfit to serve in any capacity.
(3) Where the Defence Medical Board places an examined
officer in Grade III, the Commanding Officer shall recommend to the
Governor through the Promotions Board whether the officer's service
should be terminated; and the Governor shall after obtaining the advice
of the Promotions Board determine whether and, if so, when the
examined officer's service shall be terminated.
(4) Where the Defence Medical Board places an examined
officer in Grade IV, the officer's service shall terminate on such date as
the Commanding Officer determines.
Procedure where officer is charged with inefficiency
37 (1) If the Commanding Officer considers that an officer has
become inefficient to the point where, in the Commanding Officer's
opinion, the exercise of the Governor's powers under section 31 of the
Act is or may be justified, then he shall make a report on the matter to
the Promotions Board.
(2) A report under paragraph (1) shall be accompanied by—
(a) all annual reports made on the officer in question; and
(b) the Commanding Officer's recommendation for dealing
with the case,
and shall also be signed by the officer himself.
(3) An officer on whom a report is made under paragraph (1)
has the right to appear before, and make representations to, the
Promotions Board in his own defence against any allegations made
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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against him in that report, and the Board shall take any such
representations into account.
(4) Where the Promotions Board receives a report under
paragraph (1), it shall make to the Governor such recommendations
concerning the case as it thinks fit and, if the case is one where the
Governor is minded to exercise his powers under section 31 of the Act in
relation to the officer in question, he shall take the Commanding Officer's
report and the Board's recommendations into account before he
exercises those powers.
Procedure where officer is charged with misconduct, etc.
38 (1) If the Commanding Officer considers that an officer has
committed neglect of duty or misconduct of such a kind that, in the
Commanding Officer's opinion, the exercise of the Governor's powers
under section 31 of the Act is or may be justified, then the Commanding
Officer shall make a report on the matter to the Governor.
(2) A report under paragraph (1) shall be accompanied by—
(a) all annual reports made on the officer in question; and
(b) the Commanding Officer's recommendations for dealing
with the case,
and shall also be signed by the officer himself.
(3) Where the Governor receives a report under paragraph (1)
and the case is one where he is minded to exercise his powers under
section 31 of the Act in relation to the officer in question, he shall take
the contents of the report into account before he exercises those powers.
Procedure where warrant officer or senior n.c.o. is charged with
inefficiency or misconduct, etc
39 (1) Where a warrant officer or a senior non-commissioned
officer has been discharged by the Commanding Officer under
subsection (1) of section 29 of the Act, this Order has effect pursuant to
subsection (2) of that section to afford to the warrant officer or senior
non-commissioned officer concerned a right of appeal.
(2) An appeal under this Order shall be made to the Governor
through the Promotions Board, before which the discharged warrant
officer or senior non-commissioned officer has the right to appear and
make representations in his own behalf, and which otherwise may hear
evidence, examine documents and otherwise regulate the Board's
procedure.
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(3) Upon the conclusion of its proceedings under paragraph (2),
the Board shall make such recommendations as it thinks fit to the
Governor, who may thereupon determine the appeal.
PART VIII
SUPPLEMENTAL
Revocation of S.R.& O. No. 6 of 1977
40 The 1977 Orders are revoked.
Commencement
41 These Orders come into operation on 1st April 1993.
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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SCHEDULE (ORDER 10(1))
THE DEFENCE ACT 1965 - MILITARY REGISTRATION
PART I - TO BE RETAINED AT POLICE STATION AND FORWARDED
WEEKLY TO:
ADMINISTRATOR, DEFENCE
P. O. BOX WK 146
WARWICK WKBX
_______________________________________________________________________
.................................................
SURNAME
((PLEASE PRINT)
.................................................
FORENAMES
(PLEASE PRINT)
DATE OF BIRTH:............................. PLACE OF BIRTH ............................
HOME ADDRESS: ...........................
.................................................
.................................................
TELEPHONE NO: ............................
DO YOU WISH TO VOLUNTEER FOR SERVICE TO BEGIN NEXT YEAR?
.................................................
DATE
.................................................
SIGNATURE
______________________________________________________________________
PART II - TO BE RETAINED BY PERSON REPORTING
MILITARY SERVICE - SOME FACTS
1. Now that you have completed this form, keep this part as a receipt
- you must inform the Administrator, Defence, P. O. Box 146,
Warwick WK BX (tel. 238-2162) of any change of address.
2. A computer ballot is held each year in August, when persons are
picked for service the next year.
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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3. You may volunteer to complete your service early rather than
await selection. When you are drawn by ballot, your name will be
published in a weekend newspaper and you will be told to report
for a Medical Examination in October.
4. You will serve for 3 years + 2 months. This service will include up
to 70 evening training drills (each 2 hours) held at Warwick Camp,
and attendance at a two weeks camp in Bermuda in year 1 and
overseas in years 2 and 3.
5. If you have any queries, call at Warwick Camp or telephone 238-
2162 any working day.
PART III - TO BE COMPLETED BY POLICE OFFICER AND HANDED
WITH PART II TO THE PERSON REPORTING
This is to certify that I have received the completed Registration
Information Form pertaining to:
................................................................................................................
Signed:......................................
Rank:........................................
Police Station Stamp:
THIS IS PROOF THAT YOU HAVE REPORTED AS REQUIRED BY LAW.
RETAIN IT CAREFULLY.
BERMUDA REGIMENT GOVERNOR'S ORDERS 1993
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Made this 26th day of February, 1993
Lord Waddington
Governor
