National Service (Jersey) Law 1954
Revised Edition
23.275
Showing the law as at 1 January 2006
This is a revised edition of the law
National Service (Jersey) Law 1954
Arrangement
Article
PART 1
SERVICE IN THE ARMED FORCES
Liability for service in the armed forces
1 Liability to be called up for service
2 Volunteer service in lieu of reserve service
Procedure for calling up for service in armed forces
3 Persons required to register
4 Registration
5 Medical examination
6 Enlistment in the forces
7 Early registration and call up
8 Limit of ages for calling-up in case of medical and dental practitioners
Postponement of liability for service in armed forces
9 Application for postponement on grounds of hardship of liability to be called up for service
10 Appeals from determination of Military Service Tribunal
11 Revocation of postponement certificates
12 Suspension of right to postponement of liability to be called up for service
Conscientious objectors
13 Registration in register of conscientious objectors
14 Changes in register of conscientious objectors
15 Breach of condition of registration as conscientious objector
16 Provisions as to certain persons sentenced for failure to attend medical examination
17 Provisions as to certain persons sentenced by court martial
Supplemental
18 Provisions as to tribunals
19 Liability to complete interrupted service
20 Information to be furnished by education authorities
21 False statements, wrongful use of certificates, etc.
22 General provisions as to offences
23 Service of notices
PART 2
SAFEGUARDING OF EMPLOYMENT
24 Obligation of employers to reinstate former employees
25 Mode of making, time for making and duration of applications for reinstatement
26 Duty of applicant to state date of availability for employment
27 Obligation of employers to continue to employ reinstated employees
28 Priority of claims to employment
29 Special provisions as to re-enlistment
30 Applications to Reinstatement Tribunal
31 Appeals from Reinstatement Tribunal
32 Enforcement
33 Waiver, etc.
34 Meaning of expression “former employer”
35 Evidence
36 Recovery in bankruptcy, etc.
37 Prohibition of dismissal of employees by reason of liability for whole-time service
38 Provisions as to reservists
PART 3
GENERAL
39 Remuneration and allowances
40 Expenses
41 Orders
42 Interpretation
43 Duration of Law
44 Citation
SCHEDULE 1
Persons not liable to be called up for service
SCHEDULE 2
Length of Whole Time Service
SCHEDULE 3
ORDERS REQUIRING EMPLOYMENT TO BE MADE AVAILABLE
ORDERS FOR COMPENSATION
SCHEDULE 4
TRIBUNALS
PART 1
MILITARY SERVICE TRIBUNAL
PART 2
REINSTATEMENT TRIBUNAL
PART 3
APELLATE TRIBUNAL
Supporting Documents
Endnotes
Table of Legislation History
Table of Renumbered Provisions
Table of Endnote References
National Service (Jersey) Law 1954[1]
A LAW to render persons between the ages of 18 and 26 years liable to be called upon to serve in the armed forces, and to make provision for matters incidental thereto
Commencement [see endnotes]
PART 1
SERVICE IN THE ARMED FORCES
Liability for service in the armed forces
1 Liability to be called up for service
(1) Subject to the provisions of this Part, every male British subject ordinarily resident in Jersey who has attained the age of 18 years and has not attained the age of 26 years and is not a person mentioned in Schedule 1 shall be liable to be called upon to serve in the armed forces of the Crown for 2 terms of service, that is to say –
(a) a term of whole-time service in the regular forces; and
(b) a term of reserve service in an auxiliary force in accordance with this Article.
(2) Subject to the provisions of this Part, the term of whole-time service for which a person shall be liable to be called up under this Part of this Law shall be a period of 24 months beginning with the day on which the person is required by an enlistment notice served under Article 6 to present himself to the authority specified therein and ending when the person’s term of whole-time service is completed in accordance with the provisions of Schedule 2:
Provided that the States may by Act appoint a period shorter than 24 months as the term of whole-time service for which a person shall be liable to be called up as aforesaid.
(3) On the day next after that on which the term of a person’s whole-time service is completed, the person shall, subject to the provisions of paragraph (4) of this Article and of Article 2, be deemed –
(a) if the person’s last service during that term was in the royal navy or the royal marines, to be entered for service in the royal naval special reserve raised and maintained by the Admiralty for the purposes of Part I of the National Service Act 1948 of the United Kingdom;
(b) if that last service was in the regular army, to be enlisted for service in the army reserve established by the Army Reserve Act 1950 of the United Kingdom; or
(c) if that last service was in the regular air force, to be enlisted for service in the air force reserve established by the Air Force Reserve Act 1950 of the United Kingdom,
for a term of reserve service ending with the expiration of the first 6 months of the 6th year after the beginning of the person’s term of whole-time service; so, however, that the end of a person’s reserve service shall be postponed by any period by which the term of the person’s whole-time service was extended by virtue of proviso (b) of paragraph 1 of Schedule 2.
(4) A person deemed to be entered or enlisted for service by virtue of paragraph (3) shall not be liable to any obligation arising out of such entry or enlistment otherwise than during the period for which the person is called out on permanent service in the case of imminent national danger or of great emergency –
(a) where the person is entered for service in the royal naval special reserve, in accordance with the provisions of the Royal Naval Reserve (Volunteer) Act 1859 of the United Kingdom, pursuant to an order of Her Majesty under section 4 of that Act calling out the royal naval special reserve;
(b) where the person is enlisted for service in the army reserve, in accordance with the provisions of the Army Reserve Act 1950 of the United Kingdom, pursuant to an order of Her Majesty under section 5 of that Act, calling out the army reserve; or
(c) where the person is enlisted for service in the air force reserve, in accordance with the provisions of the Air Force Reserve Act 1950 of the United Kingdom, pursuant to an order of Her Majesty under section 5 of that Act, calling out the air force reserve.
2 Volunteer service in lieu of reserve service
(1) If, during the person’s whole-time service, any person is accepted by the Admiralty, the Army Council or the Air Council, as the case may be, as a volunteer for service in the royal naval reserve, the royal naval volunteer reserve, the royal marine forces volunteer reserve, the territorial army, the army reserve, the royal air force volunteer reserve or the royal auxiliary air force, and enters into an engagement whereby the person will, on the day next after that on which the person’s term of whole-time service is completed, be entered or enlisted in one of those forces as a volunteer for a term not less than the term of reserve service which the person would otherwise be required to serve under this Part, the person shall be entered or enlisted in accordance with that engagement and shall not be deemed to be entered or enlisted in accordance with the provisions of Article 1(3).
(2) So long as a person who is entered or enlisted for service as a volunteer in one of the forces aforesaid in accordance with the provisions of this Article performs the service required of members of that force, the person shall not be called upon to perform reserve service under this Part.
Procedure for calling up for service in armed forces
3 Persons required to register
(1) The Minister may from time to time by public notice require male persons who have attained such age as may be specified in the notice (not being less than 17 years and 8 months), being persons who if they had attained the age of 18 years would have become liable under this Part of this Law to be called up for service in the armed forces of the Crown, to be registered for such service under this Part of this Law.
(2) Subject to the provisions of Article 7, references in this Part to persons subject to registration shall be construed as references to all persons, including persons who have been registered, who for the time being are liable under this Part to be called up for service or who, having been required to be registered by virtue of a notice under this Article, would for the time being be liable to be so called up if they had attained the age of 18 years.
4 Registration
(1) The Minister may by Order make provision for requiring persons who become subject to registration –
(a) to furnish, at such place and time, in such manner, and to such authority or person, as may be notified in accordance with the Order, such particulars about himself as may be so notified; and
(b) except in the case of a person not required by the Order to make such an application, to make at such place and time, in such manner and to such authority or person as may be notified in accordance with the Order, an application to be registered under this Part.
(2) Any Order made under paragraph (1) may make different provision in relation to different classes of persons subject to registration, and may provide for exempting from any requirements of the Order any class of persons with respect to whom the Minister is satisfied that particulars sufficient for the purposes of this Part can be ascertained otherwise than by virtue of those requirements.
(3) If any person fails to comply with any requirements imposed on the person by any Order made under paragraph (1), that person shall be guilty of an offence under this Part.
(4) It shall be the duty of the Minister to secure –
(a) that, upon application being duly made for registration under this Part, the name and address of the applicant (together with particulars of the matters with respect to which information was given by the applicant in accordance with the Order) are entered in a register kept for the purposes of this Part (in this Law referred to as the “military service register”); and
(b) that upon the applicant being registered, a certificate of registration is issued to the applicant in the prescribed form.
(5) The Minister may cause a certificate of registration to be issued to any person of a class exempted from any of the requirements of an Order made under paragraph (1), as if that person had duly applied to be registered under this Part.
(6) If any person subject to registration notifies the Minister in the prescribed manner that the person has a preference for naval or air force service, that fact shall be recorded in the military service register, or, if the person is a person of a class exempted from registration, in such other manner as the Minister thinks fit.
(7) A person to whom a certificate of registration has been issued under this Article shall, if at any time while the person remains subject to registration the person is requested so to do by an officer of police, produce the certificate to the officer or, if the person has not the certificate with him, produce it in person within 2 clear days at such place as may be notified to the person by the officer making the request.
If a person fails to comply with this paragraph, the person shall be guilty of an offence under this Part of this Law.
(8) The Minister may by Order provide for the issue in specified circumstances of fresh certificates of registration in place of certificates which have been lost, destroyed or defaced.
(9) If at any time while a person registered under this Part remains subject to registration any change occurs in the person’s name or address, the person shall forthwith notify the change to the Minister in the prescribed manner, and at the same time return to the Minister any certificate of registration held by the person, and if the person fails to do so, the person shall be guilty of an offence under this Part of this Law; and the Minister, upon receipt of such a notification, shall cause the necessary corrections to be made in the military service register and shall either cause the certificate to be corrected and returned to the person registered or cause a fresh certificate to be issued to the person.
5 Medical examination
(1) The Minister may from time to time cause to be served on any person subject to registration a written notice in the prescribed form requiring that person to submit himself to medical examination by a medical board at such place and time as may be specified in the notice; and where such a notice has been served on any person, the Minister may at any time while that person remains subject to registration cancel the notice or cause to be served on the person a further notice varying the original notice by altering the place or time at which the person is required to submit himself to medical examination:
Provided that a notice under this paragraph shall not require the person upon whom it is served to submit himself to medical examination on a day earlier than the 10th day after the date of the service of the notice.
(2) Any person aggrieved by the determination of a medical board may, not more than 2 days after the result of the person’s medical examination has been notified to the person, apply in the prescribed manner for a re-examination by a medical appeal board, and the provisions of paragraph (1) shall apply in relation to the re-examination as they apply in relation to an examination by a medical board.
(3) The Minister may by Order make provision for determining the constitution of medical boards and medical appeal boards for the purposes of this Article, and for regulating the procedure of such boards, and any such Order may, in particular, enable such a board –
(a) in a case where the board is unable to complete a medical examination on one occasion, to direct the person examined to submit himself to a further medical examination at a specified time and place; and
(b) to direct the person examined to submit himself to examination by a consultant examiner.
(4) The Minister shall by Order make provision for determining the categories in which persons medically examined under this Article are to be placed by reference to their physical condition.
(5) If any person fails to comply with the requirements of a notice served on the person under paragraph (1) or of any Order made or directions given by virtue of paragraph (3), the person shall be guilty of an offence under this Part.
(6) The court by which a person is convicted of an offence under this Part by reason of the person’s failure to comply with –
(a) a notice served on the person by the Minister under paragraph (1) requiring the person to submit himself to medical examination by a medical board or a medical appeal board;
(b) directions given by a medical board or a medical appeal board by virtue of paragraph (3)(a) requiring the person to submit himself to a further medical examination; or
(c) directions given by a medical board or a medical appeal board by virtue of paragraph (3)(b) requiring the person to submit himself to examination by a consultant examiner,
may, without prejudice to any penalty which may be imposed upon the person, order the person to submit himself to medical examination, further medical examination or examination by a consultant examiner, as the case may be, at such time and place as may be fixed by a notice served on the person by the Minister, and any such order may provide that the person shall be detained in custody until that time and taken to that place at that time:
Provided that no person shall be detained by virtue of any such order for more than 7 days.
(7) A person who fails to submit himself for examination in accordance with an order made under paragraph (6) shall be guilty of an offence under this Part and liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding £100, or to both such imprisonment and such fine.
(8) A notice served on a person under this Article shall cease to have effect if, before the date on which the person is required to submit himself to examination, the person ceases to be subject to registration.
6 Enlistment in the forces
(1) The Minister may cause to be served on any person for the time being liable under this Part of this Law to be called up for service who has been medically examined under Article 5 a written notice (in this Law referred to as an “enlistment notice”) stating that the person is called up for service in such one of the regular forces as may be specified in the notice, and requiring the person to present himself at such place and time, and to such authority, as may be so specified; and, subject to the following provisions of this Part, the person upon whom the notice is served shall be deemed, as from the day so specified, to have been duly entered or enlisted for service in the force so specified, and the term or period for which the person is so entered or enlisted shall, notwithstanding anything in any enactment, begin with the said day and end when the person’s term of whole-time service is completed in accordance with the provisions of Schedule 2:
Provided that an enlistment notice shall not require the person upon whom it is served to present himself on a day earlier than the 14th day after the date of the service of the notice or such earlier day as may be determined at the person’s request.
(2) Where an enlistment notice has been duly served on any person, the Minister may, at any time while that person remains liable under this Part to be called up for service, cancel the notice or cause to be served on the person a further enlistment notice varying the original notice by altering the place or time at which the person is thereby required to present himself, and in particular, without prejudice to the generality of the foregoing provision, the Minister may, if in doubt whether an enlistment notice served on any person other than by registered post has been received by the person, cause a further enlistment notice to be served on the person by registered post and may by that notice direct that the former notice shall be deemed never to have had effect.
(3) Where, at the beginning of the day specified in an enlistment notice as the day on which the person to whom the notice relates is thereby required to present himself, any of the following conditions is fulfilled, that is to say –
(a) that a postponement certificate relating to the person is in force;
(b) that any application or appeal by the person under Article 9, 10 or 13 is pending;
(c) that any determination made with respect to any such application or appeal is subject to appeal or further appeal and that the time for bringing such an appeal or further appeal has not expired,
the enlistment notice served on the person shall be of no effect.
(4) An enlistment notice served on any person shall cease to have effect if before the day on which the person is required to present himself the person ceases to be liable under this Part to be called up for service.
7 Early registration and call up
(1) The Minister shall by Order make provision whereby, for sufficient cause, any person who is subject to registration, or might but for the person’s age be made subject to registration, may if the person so desires be called up for service at any time after the person has attained the age of 17 years and 6 months; and any Order so made may allow any person as aforesaid who has attained the age of 17 years and 2 months to be registered in the military service register notwithstanding that the person has not been required to be so registered by notice under Article 3 or by an order under Article 4.
(2) Any reference in any provision of this Part, other than this Article, to persons subject to registration shall include a reference to persons registered in the military service register by virtue of this Article.
8 Limit of ages for calling-up in case of medical and dental practitioners
In relation to a registered medical practitioner or a registered dentist, this Law shall have effect with the substitution of 30 years for 26 years as the age on the attaining of which a person ceases to be liable under this Part to be called up for service, and references in this Part to 26 years shall accordingly be construed in relation to a registered medical practitioner or a registered dentist as references to 30 years.
Postponement of liability for service in armed forces
9 Application for postponement on grounds of hardship of liability to be called up for service
(1) Subject to the provisions of this Article, any person for the time being subject to registration who has been medically examined under Article 5, or is permitted under this Article so to apply without having been medically examined, may apply in the prescribed manner to the Minister for a certificate of postponement of liability under this Law to be called up for service (in this Law referred to as a “postponement certificate”), on the ground that exceptional hardship would ensue if the person were called up for service, and may, on that ground, apply in the prescribed manner to the Minister for the renewal of any postponement certificate granted to the person.
(2) Where application for a postponement certificate or for the renewal of a postponement certificate is made, the Minister shall refer the application for decision by the Military Service Tribunal.
(3) If, with respect to any person subject to registration who has not been medically examined under Article 5, the Minister is satisfied that, by reason of special circumstances, it is desirable that the person should be able to apply for a postponement certificate without having been medically examined thereunder, the Minister may permit the person to apply for such a certificate.
(4) An application for the grant of a postponement certificate may be made at any time when an enlistment notice has not yet been served on the applicant, or, if such a notice has been served on the person, be made at any time before the day specified in the notice as the day on which the person is required to present himself; and an application for the renewal of a postponement certificate may be made within the prescribed time before the expiration of the period for which that certificate was granted or last renewed:
Provided that –
(a) where, in the case of person who has been medically examined under Article 5, an application for the grant of a postponement certificate is made more than 2 days after the result of the person’s medical examination has been notified to the person the application shall not be referred for decision by the Military Service Tribunal unless the Minister is satisfied, having regard to the grounds on which the application is made, that the making has not been unreasonably delayed; and
(b) the Minister may, in special circumstances, allow an application for the renewal of a postponement certificate to be made at any time before an enlistment notice is served on the holder of the certificate.
(5) The Minister may by Order make provision as to the principles to be applied, and the circumstances to which regard is and is not to be had, on the hearing of any application for the grant or renewal of a postponement certificate, and as to the period for which a postponement certificate may be granted or renewed.
(6) The period during which a postponement certificate is in force shall be added to the period during which the person to whom the certificate was granted is liable under this Part to be called up for service; and accordingly this Part shall, in relation to that person, have effect as if for references therein to the age of 26 years there were substituted references to an age being the sum of 26 years and the period during which the certificate is in force.
10 Appeals from determination of Military Service Tribunal
An applicant for a postponement certificate who is aggrieved by the determination of the Military Service Tribunal, and the Minister if he or she considers it necessary, may, within the prescribed time and in the prescribed manner, appeal to the Appellate Tribunal the decision of which shall be final.
11 Revocation of postponement certificates
(1) If, at any time while a postponement certificate is in force, it appears to the Minister that, by reason of any change in the circumstances of the person to whom the certificate was granted, the certificate ought to be revoked or the period for which it was granted or last renewed ought to be shortened, the Minister may apply to the Military Service Tribunal, and the tribunal may either refuse the application or cancel the certificate or vary it by shortening the said period.
(2) Where an application is made under paragraph (1), the person to whom the postponement certificate in question was granted shall be entitled to be heard on the application; and the provisions as to appeals contained in Article 10 shall apply in relation to the application as if it were an application for the grant of a postponement certificate made by the person to whom the certificate in question was granted.
12 Suspension of right to postponement of liability to be called up for service
(1) The States, if satisfied at any time that by reason of the gravity of the situation it is necessary so to do, may by Act –
(a) cancel, either generally or in relation to a specified class of persons, all postponement certificates in force at the date of the Act; and
(b) abrogate, either generally or in relation to a specified class of persons, any right to apply for the grant of a postponement certificate and any right to appeal from the refusal to grant such a certificate.
(2) Where, on the day on which an Act comes into force under this Article abrogating any right to appeal from the refusal to grant a postponement certificate, such an appeal is pending on the part of a person to whom the Act applies or the time for bringing such an appeal by such a person has not expired, the appeal shall be deemed to be dismissed or the time to expire, as the case may be, in the course of that day.
Conscientious objectors
13 Registration in register of conscientious objectors
(1) If any person subject to registration claims that he conscientiously objects –
(a) to being registered in the military service register;
(b) to performing military service; or
(c) to performing combatant duties,
the person may, on furnishing the prescribed particulars about himself, apply in the prescribed manner to be registered as a conscientious objector in a special register to be kept by the Minister (in this Law referred to as the “register of conscientious objectors”):
Provided that where, in the case of a person who has been medically examined under Article 5, such an application is made more than 2 days after the result of the person’s medical examination has been notified to the person, the Minister shall dismiss the application unless he or she is satisfied, having regard to the grounds on which the application is made, that the making has not been unreasonably delayed.
(2) Where any person applies in accordance with paragraph (1) to be registered in the register of conscientious objectors, the person shall, unless the person’s application is dismissed in accordance with the proviso to that paragraph, be provisionally registered in that register.
(3) A person who has been provisionally registered in the register of conscientious objectors shall, within the prescribed period and in the prescribed manner, make to the Military Service Tribunal an application stating to which of the matters mentioned in paragraph (1)(a) to (c) the person conscientiously objects, and if the person fails to do so the Minister shall remove the person’s name from the register of conscientious objectors.
(4) An applicant for registration as a conscientious objector who is aggrieved by any order of the Military Service Tribunal and the Minister, if he or she considers it necessary, may, within the prescribed time and in the prescribed manner, appeal to the Appellate Tribunal, and the decision of the Appellate Tribunal shall be final.
(5) The Military Service Tribunal, if satisfied, upon an application duly made to it under this Article, or the Appellate Tribunal if satisfied on appeal, that the ground upon which the application was made is established shall by order direct either –
(a) that the applicant shall without conditions be registered in the register of conscientious objectors;
(b) that the person shall be conditionally registered in that register until the end of a period of 24 months, the condition being that the person must until the end of that period undertake work, specified by the tribunal, of a civil character and under civilian control and –
(i) submit himself to such medical examination at such place and time as the Minister may direct for the purpose of ascertaining the applicant’s fitness for that work,
(ii) undergo such training provided or approved by the Minister as the Minister may direct for the purpose of fitting the applicant for that work,
and that at the end of that period the person shall be registered in that register without conditions; or
(c) that the person shall be registered in that register as a person liable or prospectively liable under this Part to be called up for service but to be employed only in non-combatant duties,
but, if not so satisfied, shall by order direct that the person’s name shall be removed from the register of conscientious objectors:
Provided that in relation to any person who, by reason of the person’s age, has not yet become liable under this Part to be called up for service, any condition imposed under sub-paragraph (b) shall be suspended until the person attains the age of 18 years.
(6) The Minister may provisionally register in the register of conscientious objectors any person subject to registration, notwithstanding that the person has refused or failed to make any application in that behalf, if in the opinion of the Minister there are reasonable grounds for thinking that the person is a conscientious objector, and the Minister may refer the case of that person to the Military Service Tribunal; and thereupon the provisions of this Article shall have effect in relation to that person as if the necessary applications had been made by the person, and references in this Article to the “applicant” shall be deemed to include references to the person.
(7) Any person unconditionally registered in the register of conscientious objectors by virtue of paragraph (5)(a) or conditionally registered therein by virtue of paragraph (5)(b) shall not be liable to be called up for service so long as the person is so registered.
(8) The Minister shall make arrangements with a view to securing that, where a person registered in the register of conscientious objectors by virtue of paragraph (5)(c) as a person liable or prospectively liable under this Part to be called up for service but to be employed only in non-combatant duties is called up for service under this Part, the person shall, during the period for which the person serves by virtue of being so called up, be employed only in such duties.
(9) If, while a person is conditionally registered in the register of conscientious objectors, any change occurs in the particulars about the person registered in that register, the person shall forthwith notify the change to the Minister in the prescribed manner, and if the person fails to do so shall be liable to a fine not exceeding £5.
14 Changes in register of conscientious objectors
(1) A registered conscientious objector may at any time apply to the Minister in the prescribed manner either –
(a) for the removal of the conscientious objector’s name from the register of conscientious objectors and for his registration in the military service register as a person liable or prospectively liable under this Part to be called up for service; or
(b) for the conscientious objector’s registration in the register of conscientious objectors as a person liable or prospectively liable as aforesaid, but to be employed only in non-combatant duties.
(2) A person registered in the register of conscientious objectors as a person liable or prospectively liable under this Part to be called up for service but to be employed only in non-combatant duties, may, at any time before the day specified in an enlistment notice served upon the person as the day on which the person is required to present himself, apply to the Minister in the prescribed manner for the removal of the person’s name from that register and for the person’s registration in the military service register as a person liable or prospectively liable under this Part to be called up for service.
(3) The Minister shall make arrangements with a view to enabling a person registered in the register of conscientious objectors as a person liable to be called up for service under this Part, but to be employed only in non-combatant duties, to apply to the Minister, at any time on or after the day mentioned in paragraph (2), for the removal of the person’s name from that register and for the person’s registration in the military service register as a person liable to be called up for service under this Part; and where such an application is granted, the applicant may be employed in combatant duties.
(4) Where an application made under this Article is granted, the Minister shall cause the register or registers to be amended accordingly.
15 Breach of condition of registration as conscientious objector
(1) Where it appears to the Minister that a conditionally registered conscientious objector has failed to comply with any condition on which the conscientious objector is registered, but had reasonable excuse for the failure, the Minister may refer the person’s case to the Military Service Tribunal.
(2) Where it appears to the Minister that a conditionally registered conscientious objector has, at any time after the expiration of one month after the condition relating to the conscientious objector’s undertaking work has been imposed on him, failed to undertake the work specified by the Military Service Tribunal or ceased to undertake it, the Minister may direct the conscientious objector to undertake any work so specified until the end of the period during which the conscientious objector is so registered or the direction is withdrawn.
(3) On any reference of the case of any person to the Military Service Tribunal under paragraph (1), the tribunal, if it is satisfied that the person has failed to comply with the condition but had reasonable excuse for the failure, shall report to the Minister accordingly and either –
(a) make no order in the matter;
(b) order that the person whose case has been referred shall be registered without conditions in the register of conscientious objectors; or
(c) order that the condition on which the person was registered shall be varied, or that another condition shall be substituted therefor,
and any order made under sub-paragraph (b) or (c) shall have effect notwithstanding any previous order made by the Military Service Tribunal or the Appellate Tribunal.
(4) Where the case if any person has been referred to the Military Service Tribunal under paragraph (1) –
(a) that person, if the person is aggrieved by the order of the Tribunal or by its failure to make an order or report to the Minister; or
(b) the Minister, if he or she considers it necessary,
may within the prescribed time and in the prescribed manner appeal to the Appellate Tribunal, and the decision of the Appellate Tribunal shall be final.
(5) If a person conditionally registered as a conscientious objector fails to comply with any condition on which the person is registered or any direction given to the person by the Minister under paragraph (2), the person shall, unless the person satisfies the court that he had reasonable excuse for the failure, be guilty of an offence under this Part and liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding £100, or to both such imprisonment and such fine.
(6) A prosecution against any person under paragraph (5) for failing to comply with a condition or direction shall not be instituted except at the request of the Minister, and where the case of any person has been referred to the Military Service Tribunal under paragraph (1) the Minister shall not request the institution of such a prosecution against the person –
(a) unless the Tribunal has determined the matter and made no report that the person had reasonable excuse for the failure and the time for appealing from that determination has expired; or
(b) where an appeal has been brought from the determination of the Military Service Tribunal, unless the Appellate Tribunal has determined the matter and made no such report as aforesaid.
(7) On the prosecution of any person for such an offence, a certificate purporting to be signed on behalf of the Minister and stating –
(a) that the case of that person has not been referred to the Military Service Tribunal under paragraph (1);
(b) that the case has been so referred and either –
(i) that the Military Service Tribunal has determined the matter and made no such report as aforesaid and that the time for appealing from the determination has expired, or
(ii) that an appeal has been brought from the determination of the Military Service Tribunal and that the Appellate Tribunal has determined the matter and made no such report; or
(c) that it has directed a person to undertake any work and has not withdrawn that direction,
shall be conclusive evidence of the facts so stated.
16 Provisions as to certain persons sentenced for failure to attend medical examination
(1) If any person, being a person who has applied for registration, or who has at any time been provisionally registered as a conscientious objector, has undergone or is undergoing a sentence of imprisonment for a term of 3 months or more imposed upon the person for failing to comply with an order made under Article 5(6), then, if the person claims that the offence was committed by reason of the person’s conscientiously objecting to performing military service or combatant duties, the person may apply in the prescribed manner to have the person’s case considered by the Appellate Tribunal.
(2) On any such application, the Appellate Tribunal shall, if it finds that the offence for which the applicant was sentenced was committed by reason of such a conscientious objection as aforesaid, have power to make any order with respect to the person’s registration as a conscientious objector which it would have had power to make on an appeal under Article 13, and any such order shall have effect immediately, or upon the person’s discharge from prison, as the case may be.
17 Provisions as to certain persons sentenced by court martial
(1) If any person, being a person who has applied for registration as a conscientious objector but has nevertheless been called up for service, is undergoing a sentence of imprisonment or detention for a term of 3 months or more imposed on the person by a court martial in respect of an offence committed by the person while in Great Britain or in Jersey, then if the person claims that the offence was committed by reason of the person’s conscientiously objecting to performing military service or to obeying any order in respect of which the offence was committed, the person may apply in the prescribed manner to have the person’s case considered by the Appellate Tribunal.
(2) On any such application, the Appellate Tribunal shall, if it finds that the offence for which the applicant was sentenced was committed by reason of such a conscientious objection as aforesaid, have power to recommend that the applicant be discharged from service in the armed forces of the Crown as soon as may be after serving the sentence imposed upon the applicant.
(3) Where the Appellate Tribunal recommends under this Article that a person be discharged from whole-time service, the tribunal shall have power to make any order with respect to the person’s registration as a conscientious objector which it would have had power to make on an appeal under Article 13, and any such order shall have effect immediately upon the person’s discharge.
(4) Where under paragraph (3) the Appellate Tribunal has ordered that a person be conditionally registered in the register of conscientious objectors, the Minister may direct that the period for which that person is so registered shall be reduced by any period of which in the opinion of the Minister account might be taken in reckoning the end of the term of that person’s whole-time service, and shall notify that person accordingly.
Supplemental
18 Provisions as to tribunals
(1) Any person authorized by the Minister shall be entitled to be heard on any reference, application or appeal to the Military Service Tribunal or the Appellate Tribunal under this Part.
(2) The Military Service Tribunal or the Appellate Tribunal may require any party to proceedings before the tribunal or any witness in the proceedings to give evidence on oath and, for that purpose, the person presiding over the tribunal shall have power to administer an oath.[2]
(3) The Minister shall, by Order, make provision as to the representation of parties to proceedings before the Military Service Tribunal and the Appellate Tribunal which shall include the right to appear either in person or by an advocate or a solicitor (écrivain) or by a representative of any trade union to which they belong or by any person who satisfies the tribunal that the person is a relative or personal friend of the party whom the person proposes to represent.
(4) No determination of the Minister, the Military Service Tribunal or the Appellate Tribunal made for the purposes of this Part shall, except on a point of law, be called in question in any court of law.
19 Liability to complete interrupted service
(1) If any person serving in the armed forces of the Crown ceases to serve therein before the person has completed his whole-time service, or terms of service equivalent thereto, the person shall, unless that person has attained the age of 36 years, or has ceased to be liable under this Part to be called up for service otherwise than by reason of the person having attained the age of 26 years, be liable to be called upon to serve for such terms of whole-time service as will, with the service completed by the person, be equivalent to the term of whole-time service for which persons are liable under Article 1.
(2) The Minister shall by Order make provision for defining what terms of service shall be treated as equivalent to terms of whole-time service for the purposes of this Article and for prescribing the terms of whole-time service which will, with any service completed by any person, be equivalent to the term of whole-time service for which persons are liable under Article 1.
20 Information to be furnished by education authorities
It shall be the duty of the Minister for Education, Sport and Culture, and of the governing body or other persons having the management of any school or other educational institution, to give to the Minister, on request, such information in their possession, or reasonably available to them, about male persons receiving, or who have received, education for which the Minister for Education, Sport and Culture is responsible, or, as the case may be, education at the school or other institution, as the Minister may from time to time require for the purpose of assisting its consideration of questions connected with their being called up for service under this Part.
21 False statements, wrongful use of certificates, etc.
Any person who –
(a) in giving any information for the purposes of this Part knowingly or recklessly makes a statement which is false in a material particular; or
(b) with intent to deceive –
(i) forges, or uses, or lends to or allows to be used by any other person, any certificate issued under this Part, or
(ii) makes, or has in his or her possession, any document so closely resembling any certificate so issued as to be calculated to deceive,
shall be guilty of an offence and liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding £50 or to both such imprisonment and such fine.
22 General provisions as to offences
(1) A person guilty of an offence under this Part, not being an offence for which a penalty is expressly provided, by reason of non-compliance with any of the provisions of this Part shall be liable to a fine not exceeding £50:
Provided that in any proceedings for an offence punishable under this Article it shall be a defence for the defendant to prove that the defendant was prevented from complying with the relevant provisions of this Part by circumstances beyond the person’s control.
(2) Notwithstanding any limitation imposed by law as respects the time within which proceedings may be begun, proceedings against a person for an offence under this Part alleged to have been committed by the person while outside Jersey may be begun at any time after the date on which the person is alleged to have committed that offence, and proceedings for any other offence under this Part may be begun at any time within the period of 6 months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the offence comes to its knowledge, or within the period of 12 months after the commission of the offence, whichever period last expires.
(3) For the purposes of paragraph (2), a certificate purporting to be signed on behalf of the Minister stating the date on which such evidence as aforesaid came to the knowledge of the Minister shall be conclusive evidence thereof.
(4) Where for the purpose of the prosecution of any person for an offence by reason of the person’s failure to comply –
(a) with the requirements of any Order made under Article 4(1) or with the requirements of Article 4(9); or
(b) with the requirements of a notice served on the person or direction given to the person under Article 5,
it is necessary to show that the person is, or was at any particular time, a British subject or within particular limits of age, the person shall be presumed to be, or to have been at that time, a British subject or within those limits of age, unless the contrary is proved:
Provided that, if it appears to the court that there are any special circumstances giving rise to doubt as to either of the matters aforesaid, the court may require the matter to be proved by the prosecution.
(5) On the prosecution of any person (hereafter in this paragraph referred to as the “defendant”) for any offence under this Part –
(a) a certificate purporting to be signed on behalf of the Minister, and stating that a person bearing the name in which the defendant is charged is or was at any particular time a conditionally registered conscientious objector and so registered on a condition specified in the certificate, shall be evidence that the defendant is or was at that time such a conscientious objector and registered on the condition so specified;
(b) a certificate purporting to be signed by the chairman of a medical board or medical appeal board, and stating that a person bearing the name in which the defendant is charged was examined by that board on a date specified in the certificate, shall be evidence that the defendant was so examined on that date:
Provided that, if it appears to the court that there are special circumstances giving rise to doubt as to any matter stated in any such certificate, or as to the relation of any such certificate to the defendant, the court may require the prosecution to prove that matter, or that the certificate relates to the defendant, as the case may be.
23 Service of notices
Any notice to be served on any person for the purposes of any of the provisions of this Part may be sent by post addressed to that person at the person’s last known address:
Provided that where an enlistment notice has been served on any person by post, service on the person shall not be deemed to have been duly effected unless it is proved either that the person received the notice or that it was sent by registered post addressed to the person at his last known address.
PART 2
SAFEGUARDING OF EMPLOYMENT
24 Obligation of employers to reinstate former employees
(1) Where a person who has been called up under Part 1 for whole-time service makes an application to the applicant’s former employer to be taken into the former employer’s employment, the former employer shall, so long as the application remains in force, be under an obligation to take the applicant into the former employer’s employment –
(a) in the occupation in which the applicant was last employed by the former employer before the beginning of the applicant’s whole-time service and on terms and conditions not less favourable to the applicant than those which would have been applicable to the applicant in that occupation had the applicant not been called up for whole-time service; or
(b) if it is not reasonable and practicable that the applicant should be taken into employment in that occupation and on those terms and conditions, in the most favourable occupation and on the most favourable terms and conditions which are reasonable and practicable in the applicant’s case.
(2) The said obligation shall be an obligation to take the applicant into employment as aforesaid at the first opportunity (if any) at which it is reasonable and practicable for the former employer so to do on or after such date as may be notified to the former employer in accordance with Article 26 as the date on which the applicant will be available for employment; and accordingly if the former employer, after giving reasonable notice thereof to the applicant, makes such employment as aforesaid available to the applicant at the said first opportunity, the former employer’s obligation shall be discharged:
Provided that –
(a) an opportunity for taking the applicant into the applicant’s former employer’s employment shall not be deemed for the purposes of this paragraph to have arisen if –
(i) the former employer makes employment available to the applicant, but the applicant has, or reasonably believes that the applicant has, reasonable cause for not taking it, and
(ii) the facts on which the applicant relies as constituting the reasonable cause are notified in writing to the former employer by the applicant or by some person acting with the applicant’s authority as soon as may be after the applicant has been notified by the former employer that the employment is being made available to the applicant; and
(b) in no case shall the former employer be under any obligation under this Article to take the applicant into the person’s employment after 6 months have elapsed from the end of the applicant’s whole-time service.
(3) Any notice to be given under paragraph (2) by the former employer to the applicant shall, without prejudice to any other mode for the giving thereof, be deemed to have been duly given if it is sent to the applicant addressed to the applicant at such address as may be provided by the applicant for the purpose or, if no such address is so provided, at the applicant’s last known place of abode.
25 Mode of making, time for making and duration of applications for reinstatement
(1) An application under Article 24 –
(a) shall be of no effect unless it is made in writing;
(b) may be made either by the applicant or by some person acting with the applicant’s authority.
(2) An application under Article 24 shall be of no effect unless it is made during the period beginning with the end of the applicant’s whole-time service and ending with the second Monday after the end thereof:
Provided that an application made after the end of the said period shall not be invalid by virtue of this paragraph if the applicant was prevented from making it within that period by the applicant’s sickness or other reasonable cause, and the application was made as soon as reasonably may be after the expiration of the said period.
(3) An application under Article 24 shall cease to have effect on the expiration of 13 weeks from the date of the making thereof:
Provided that –
(a) while the application is still in force it may from time to time be renewed in writing by the applicant or by some person acting with the applicant’s authority, and, if it is so renewed, it shall not cease to have effect by virtue of this paragraph until 13 weeks from the date of the renewal; and
(b) if, at the time when the application would otherwise cease to have effect, proceedings for the determination of any question affecting the application are pending under the subsequent provisions of this Part, the application shall not cease to have effect by virtue of this paragraph until 14 days after those proceedings have ceased to be pending; and, for the purposes of this proviso, proceedings shall not be treated as having ceased to be pending until the time for appealing has expired or, where an appeal is brought, until the appeal is decided or withdrawn.
(4) An application under Article 24 or any renewal of any such application may be made either directly to the former employer or, in the prescribed manner, to the Minister and where any application or renewal is so made to the Minister it shall be the duty of the Minister to take such steps as may be practicable to forward it to the former employer.
26 Duty of applicant to state date of availability for employment
(1) Where an application is made under Article 24, the applicant or some person acting with the applicant’s authority shall, at or after the time of making the application but not later than 14 days from the latest date allowed by Article 25 for the making thereof, notify to the former employer in writing a date, not later than the expiration of the said 14 days, on which the applicant will be available for employment:
Provided that if, owing to the applicant’s sickness or other reasonable cause, the applicant is not available for employment until after the expiration of the said 14 days, the date to be so notified may be a date as soon as reasonably may be after the expiration of the said 14 days, and accordingly the notification shall not be invalid by reason only that it is given after the expiration of the said 14 days.
(2) The provisions of Article 25(4) shall apply to any notification under this Article as they apply to applications under Article 24.
27 Obligation of employers to continue to employ reinstated employees
(1) Where an applicant has been taken into the employment of the applicant’s former employer in pursuance of Article 24, the former employer shall be under an obligation to employ the applicant for the following 26 weeks or so much thereof as is reasonable and practicable –
(a) in an occupation not less favourable to the applicant than that in which, and on terms and conditions not less favourable to the applicant than those on which, the applicant is so taken into employment; or
(b) if, at any time during the period for which the applicant has under this Article to be employed, it ceases to be reasonable and practicable for the applicant to be employed in that occupation and on those terms and conditions, in the most favourable occupation and on the most favourable terms and conditions which are thereafter for the time being reasonable and practicable in the applicant’s case:
Provided that –
(i) if, when the applicant last ceased to be employed by the applicant’s former employer before the beginning of the applicant’s whole-time service, the applicant had been in the continuous employment of that former employer for a consecutive period of not less than 52 weeks, the foregoing provisions of this Article shall have effect as if for the reference to 26 weeks there were substituted a reference to 52 weeks, and
(ii) if, when the applicant last ceased to be employed by the applicant’s former employer as aforesaid, the applicant had been in the continuous employment of that former employer for a consecutive period of less than 13 weeks, the foregoing provisions of this Article shall have effect as if for the first reference therein to 26 weeks there were substituted a reference to 13 weeks.
(2) In computing the period of continuous employment for the purposes of the proviso to paragraph (1) –
(a) where the employment is in an undertaking, and any change has taken place in the person carrying on that undertaking or any other undertaking has become comprised in that undertaking, periods in the employment of the person for the time being carrying on the undertaking or the other undertaking, as the case may be, shall be treated as periods of employment by the former employer;
(b) a person shall not be treated as otherwise than continuously employed by reason of any temporary absence from work.
28 Priority of claims to employment
(1) It shall not be treated for the purposes of the foregoing provisions of this Part as reasonable and practicable for the former employer to take the applicant into the former employer’s employment, or to employ the applicant either at all or in any particular occupation or on particular terms and conditions, if it can only be done by discharging some other person who –
(a) was employed by the former employer before the relevant date;
(b) had been so employed before the relevant date for a longer period than the applicant; and
(c) was so employed in employment of a kind that was not less permanent in character than the applicant’s employment,
or by refusing to take into employment, in accordance with Article 24, some such other person as aforesaid who is a person who has been called up under Part 1 for whole-time service and who has duly made an application under Article 24 which is still in force.
In this paragraph, the expression the “relevant date” means the beginning of the applicant’s whole-time service or where the other person as well as the applicant is a person who has been called up under Part 1 for whole-time service, the beginning of the applicant’s whole-time service or the beginning of the other person’s whole-time service, whichever is the earlier.
(2) It shall not be treated for the purposes of the foregoing provisions of this Part as otherwise than reasonable and practicable for the former employer to take the applicant into the former employer’s employment, or to employ the applicant, either at all or in any particular occupation or on particular terms and conditions, by reason only that it can only be done by discharging some other person who is not such a person as is mentioned in paragraph (1)(a), (b) and (c); and this paragraph shall apply whether or not the other person is a person who has been called up under Part 1 for whole-time service, and whether or not that other person has been taken into the employment of the former employer in accordance with Article 24.
29 Special provisions as to re-enlistment
(1) Subject to the provisions of this Article, where a person who has been called up under Part 1 for whole-time service ceases to serve in the armed forces of the Crown before the person has completed the person’s whole-time service and is called up under Article 19 to complete that service, the person’s previous period of whole-time service shall be treated for the purposes of the foregoing provisions of this Part as continuing without intermission until the end of the person’s subsequent period of whole-time service.
(2) The provisions of paragraph (1) shall not apply in relation to any person where the interval between the 2 periods of whole-time service exceeds 26 weeks or where during the said interval either –
(a) the period specified in Article 25(2) for making an application under Article 24 has expired since the end of the first of the 2 periods of whole-time service without the person’s having applied to the person’s former employer for employment; or
(b) the person’s former employer has made available to the person such employment as is specified in Article 24(1) and the person has failed without reasonable excuse to take that employment or has left if otherwise than to undertake a period of whole-time service.
30 Applications to Reinstatement Tribunal
(1) A person who has or claims to have been called up under Part 1 for whole-time service and claims that the person has rights under the foregoing provisions of this Part which are being or have been denied, the person, may, within the prescribed time, apply to the Minister for the determination by the Reinstatement Tribunal of any question relating to the person’s rights, if any, under the said foregoing provisions.
(2) Where the Reinstatement Tribunal is satisfied that default has been made by the former employer of the applicant in the discharge of the former employer’s obligations under the foregoing provisions of this Part, the tribunal may make either or both of the following orders according as is in its opinion appropriate, having regard to all the circumstances of the case and the nature and extent of the default, that is to say –
(a) an order requiring employment to be made available to the applicant by the applicant’s former employer on such date, in such occupation, on such terms and conditions and at such place, as may be specified in the order, being employment which, in the opinion of the tribunal, is such as is required by the foregoing provisions of this Part to be made available to the applicant;
(b) an order requiring that there shall be paid to the applicant by way of compensation for any loss suffered or likely to be suffered by the applicant by reason of the default a sum specified in the order, not exceeding in any event the amount of the remuneration which, in the opinion of the tribunal, the applicant would, if the obligations imposed by the said foregoing provisions in relation to the applicant had been duly discharged, have been entitled to receive from the applicant’s former employer in respect of the period during which under the said provisions the applicant has to be employed by the applicant’s former employer.
(3) The provisions of Schedule 3 shall have effect in relation to orders made under paragraph (2) of this Article.
31 Appeals from Reinstatement Tribunal
(1) An appeal may, within the prescribed time, be brought from any determination or order of the Reinstatement Tribunal under Article 30, or from the refusal of that tribunal to make an order, to the Appellate Tribunal as follows –
(a) at the instance of an organization of employers of which the employer concerned was a member on the date on which the application was made to the Reinstatement Tribunal;
(b) at the instance of an association of employed persons of which the applicant was a member on that date;
(c) at the instance either of the employer concerned or of the applicant –
(i) without leave in any case in which the decision of the tribunal is not unanimous, and
(ii) with the leave of the tribunal, or, if the tribunal refuses leave and an application for leave is made within the prescribed time to the Appellate Tribunal, with the leave of the Appellate Tribunal.
In this paragraph, the expression the “employer” includes, in a case where different persons have at different periods been the former employer of the applicant, any person against whom an order was made by the Reinstatement Tribunal.
(2) On any such appeal, the Appellate Tribunal may make any determination or order which the Reinstatement Tribunal might make under Article 30 or may dismiss the appeal, and the decision of the Appellate Tribunal shall be final; and in considering how to exercise its powers under this paragraph, the Appellate Tribunal shall, where there has been any change in the relevant facts since the date of the hearing before the Reinstatement Tribunal, have regard to the facts existing on the date of the hearing.
32 Enforcement
(1) Where an order has been made by the Reinstatement Tribunal or by the Appellate Tribunal that employment shall be made available to a person on a specified day and employment is not made available to the person on that day in accordance with the order, the person against whom the order was made shall be liable to a fine not exceeding £100, and the court by which the person is found guilty may order the person to pay to the person to whom the employment should have been made available, by way of compensation for any loss suffered or likely to be suffered by the person by reason of the offence, a sum specified in the order, not exceeding in any event the amount of the remuneration which, in the opinion of the court, that person would have been entitled to receive from the person’s former employer if the order, and the obligation as to subsequent employment resulting from the order, had been complied with:
Provided that –
(a) proceedings shall not be brought against any person for failure to comply with an order of the Reinstatement Tribunal until the time allowed for appealing has expired or, where an appeal is brought, until the appeal is decided or withdrawn;
(b) where the person against whom the order was made is no longer the former employer of the applicant at the date of the failure to comply with the order, it shall be a defence to the person to prove that the person took all reasonable steps to secure compliance with the order.
(2) Where an order has been made by the Reinstatement Tribunal or by the Appellate Tribunal for the payment to a person of any sum, that sum may, without prejudice to any other mode for the recovery thereof, be recovered as a civil debt from the person against whom the order is made; but proceedings shall not be brought for the recovery of any such sum until the time allowed for appealing against the order has expired or, where an appeal is brought, until the appeal is decided or withdrawn.
(3) Save as provided in this Article, no proceedings, whether civil or criminal, shall be brought against any person in respect of a failure to discharge an obligation imposed on the person by or under the foregoing provisions of this Part.
(4) Any person authorized in that behalf by special or general directions of the Minister may institute, on behalf of and in the name of any person who has been called up under Part 1 for whole-time service, civil proceedings for the recovery of any such sum as is mentioned in paragraph (2), and in any such proceedings the court may make an order for the payment of costs by the person so authorized as if the person were a party to the proceedings:
Provided that the powers conferred by this paragraph for the recovery of sums due to a person who has been called up under Part 1 for whole-time service shall not be in derogation of any right of that person himself to recover such sums by civil proceedings.
33 Waiver, etc.
(1) The foregoing provisions of this Part requiring a person who has been called up under Part 1 for whole-time service, as a condition of obtaining the person’s rights thereunder, to make and renew an application to the person’s former employer to be taken into employment and to notify a date on which the person will be available for employment are for the protection of the former employer and accordingly can be waived or dispensed with by the former employer, either in whole or in part and either expressly or by conduct.
(2) Where –
(a) a person who has been called up under Part 1 for whole-time service has made an application under Article 24 to be taken into the employment of the person’s former employer and is so taken into employment before that application has expired; or
(b) a person who has been called up for service as aforesaid is taken into the employment of the person’s former employer under such circumstances that such an application has been waived or dispensed with,
and in either case the employment is not such as is specified in Article 24(1), the rights of the said person against the person’s former employer shall not be less than they would have been if the employment into which the person is taken were such employment.
34 Meaning of expression “former employer”
(1) Subject to the provisions of this Article, the expression “former employer” in this Law, means, in relation to a person who has been called up under Part 1 for whole-time service, the employer by whom the person was last employed within the period of 4 weeks immediately preceding the beginning of the person’s whole-time service.
(2) Where a person who has been called up under Part 1 as aforesaid was last employed within the said period of 4 weeks in any undertaking, and (whether before or after the coming into force of this Law) any change takes place in the person carrying on that undertaking or that undertaking becomes comprised in any other undertaking, references in this Law to the former employer of that person shall be construed as references to the person for the time being carrying on that undertaking or that other undertaking, as the case may be:
Provided that where the person in question was last employed as aforesaid in a branch or part of an undertaking which (whether before or after the coming into force of this Law) becomes, or becomes part of, some other undertaking, and either –
(a) the person has as a consequence become employed in that other undertaking; or
(b) it is reasonable to suppose that the person would as a consequence have become employed in that other undertaking if the person’s employment had not been interrupted by the person’s whole-time service,
this paragraph shall have effect as if that branch or part were itself an undertaking.
35 Evidence
(1) A certificate of the competent naval, military or air force authority as to the duration of a person’s whole-time service shall be conclusive for the purposes of any proceedings before, or on appeal from, the Reinstatement Tribunal.
(2) Every document purporting to be such a certificate as aforesaid or any other certificate authorized by this Part and purporting to be signed on behalf of the Minister, or by or on behalf of the competent naval, military or air force authority, shall be received in evidence, and shall, until the contrary is proved, be deemed to be such a certificate as aforesaid; and in any proceedings before, or on appeal from the Reinstatement Tribunal, the production of a document purporting to be certified on behalf of the Minister or by or on behalf of such authority, as the case may be, to be a true copy of such a certificate as aforesaid shall, unless the contrary is proved, be sufficient evidence of the certificate.
(3) The production, in any proceedings (whether civil or criminal), of a document purporting to be certified by the chairman of the Reinstatement Tribunal or by the President of the Appellate Tribunal to be a true record of a determination or order of the Reinstatement Tribunal or of the Appellate Tribunal on appeal, as the case may be, shall, unless the contrary is proved, be sufficient evidence of the determination or order.
(4) Where in any proceedings, whether civil or criminal, brought under the foregoing provisions of this Part against a person for failure to comply with an order of the Reinstatement Tribunal or of the Appellate Tribunal on appeal, proof is given of such an order against a person bearing the name in which the person against whom the proceedings are brought is charged or appears in the proceedings, that order shall, unless the contrary is proved, be deemed to be an order against the person against whom the proceedings are brought.
36 Recovery in bankruptcy, etc.
(1) Where the Royal Court has granted –
(a) an application by any person to place his or her property under the control of the Court (de remettre ses biens entre les mains de la Justice); or
(b) an application for the holding of a bénéfice d’inventaire on the estate of any deceased person,
the autorisés or the Viscount, as the case may be, shall pay out of the property of such person or the estate of such deceased person any sum ordered under the foregoing provisions of this Part to be paid by way of compensation where the default by reason of which the order for compensation was made occurred before the date upon which the application was granted, whether or not the order for compensation was made before that date:
Provided that the amount to be paid under this paragraph shall not in the case of any one claimant exceed £200.
(2) In the event of any dégrèvment, réalisation, désastre, bankruptcy or composition with creditors, any sum ordered under the foregoing provisions of this Part to be paid by way of compensation where the default by reason of which the order for compensation was made before the date of the relevant order of the Royal Court or of the composition, as the case may be, whether or not the order for compensation was made before that date, shall rank for payment pari passu with other privileged debts and in priority to all other debts:
Provided that the sum to which priority is given under this paragraph shall not in the case of any one claimant exceed £200.
37 Prohibition of dismissal of employees by reason of liability for whole-time service
(1) If the employer of any person liable to be called up under Part 1 for whole-time service terminates the person’s employment without the person’s consent before the date on which the person is required to present himself in accordance with an enlistment notice, and does so solely or mainly by reason of any duties or liabilities which that person is, or may become, liable to perform or discharge by reason of the person’s being, or being liable to be, called up as aforesaid, the employer shall be guilty of an offence and liable on conviction thereof to a fine not exceeding £50; and the court by which the person is convicted may order the person to pay to the person whose employment has been terminated, as compensation for any loss suffered or likely to be suffered by the person by reason of the termination, a sum not exceeding an amount equal to 5 weeks’ remuneration at the rate at which the person’s remuneration was last payable to the person by the employer.
(2) If in any proceedings under this Article the court is of opinion that there is reasonable cause to believe that the duties or liabilities aforesaid caused or contributed to the termination of the employment, the employment shall be deemed to have been terminated by reason of those duties or liabilities unless the employer proves that the termination was for a reason unconnected therewith.
38 Provisions as to reservists
(1) Where any person, during the person’s term of reserve service, has entered upon a period of whole-time service in the armed forces of the Crown in pursuance of any notice or directions given under any enactment which provides for the calling out on permanent service or the calling into actual service or the embodiment of any auxiliary force, or members thereof, this Part shall apply to that person in like manner as it applies to persons who have been called up under Part 1 for whole-time service.
(2) Article 25 shall have effect, in relation to any period of whole-time service which consists of or ends with a period of whole-time service entered upon in the circumstances mentioned in paragraph (1), as if for the words “second Monday” in paragraph (2) thereof there were substituted the words “third Monday”; and Article 26 shall have effect, in relation to any such period of whole-time service, as if for the words “14 days”, wherever they occur, there were substituted the words “21 days”.
(3) The references in Article 37 to any person liable to be called up under Part 1 for whole-time service shall be construed as including references to any person who may be required to enter upon a period of whole-time service in the armed forces of the Crown in the circumstances mentioned in paragraph (1) of this Article, and the reference to the date on which any person liable to be called up under Part 1 is required to present himself in accordance with an enlistment notice shall be construed as including a reference to the date on which any such person as is mentioned in the said paragraph is required to attend for the purpose of entering upon the person’s whole-time service.
(4) In Article 42(8), the reference to being treated as having been called up under Part 1 for whole-time service shall be construed as including a reference to being treated as having entered upon a period of whole-time service in the armed forces of the Crown in the circumstances mentioned in paragraph (1) of this Article.
PART 3
GENERAL
39 Remuneration and allowances
The Minister may pay –
(a) remuneration and allowances to members of medical boards and medical appeal boards constituted for the purposes of Article 5, to consultant examiners employed for those purposes and to persons conducting any medical examination under Article 13(5)(b);
(b) travelling and other allowances to members of the Military Service Tribunal, to members of the Reinstatement Tribunal and to persons appointed as assessors to assist the Reinstatement Tribunal;
(c) travelling and other allowances, including compensation for loss of remunerative time, to persons submitting themselves to medical examination under Article 5 or 13(5)(b);
(d) travelling and subsistence allowances to persons required to present themselves in accordance with enlistment notices served on them under Article 6, to persons attending as parties before any tribunal appointed for the purposes of this Law and to any witnesses whose attendance before any such tribunal is certified by the tribunal to have been necessary;
(e) training allowances to persons undergoing training in accordance with directions given by the Minister under Article 13(5)(b),
and such remuneration and allowances shall be of such amount or in accordance with such scales as the Minister may determine.
40 Expenses[3]
41 Orders
(1) The Minister may make Orders for prescribing anything which under this Law is required or authorized to be prescribed, and generally for carrying this Law into effect and, in particular, any such Order may contain provisions for regulating any matter of procedure under this Law, including provisions as to the circumstances and the manner in which assessors are to be or may be summoned to assist the Reinstatement Tribunal.
(2) Every Order made under this Law –
(a) shall come into force on the date prescribed thereby;
(b) may be amended or revoked by a subsequent Order;
(c) shall remain in force until revoked; and
(d) shall be laid before the States as soon as may be after it is made, and if the States, at any time thereafter, resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new Order.[4]
(3) The Greffier of the States shall cause every Order made under this law to be printed and shall cause to be published in 2 newspapers circulating in Jersey, one being a publication in French and the other a publication in English, a notice stating that the Order has been made, the date of the coming into force and the place at which printed copies may be purchased.
42 Interpretation
(1) In this Law, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say –
“Appellate Tribunal” means the tribunal constituted under Part 3 of Schedule 4;
“auxiliary force” means the royal naval special reserve, the royal naval reserve, the royal naval volunteer reserve, the royal marine forces volunteer reserve, the territorial army, the army reserve, the air force reserve, the royal air force volunteer reserve or the royal auxiliary air force;
“competent naval, military or air force authority” means the Admiralty, the Army Council or the Air Council, or an officer designated by any of them;
“enlistment notice” has the meaning assigned to it by Article 6(1);
“former employer” has the meaning assigned to it by Article 34;
“mandated territory” means a territory in respect of which a mandate on behalf of the League of Nations has been accepted by Her Majesty and is being exercised by the Government of any part of Her Majesty’s dominions;
“mental nursing home” has the same meaning as in the Nursing and Residential Homes (Jersey) Law 1994;[5]
“military service register” has the meaning assigned to it by Article 4(4)(a);
“Military Service Tribunal” means the tribunal constituted under Part 1 of Schedule 4;
“Minister” means the Minister for Home Affairs;
“officer of police” means any member of the police, whether honorary or paid, acting within the territorial limits to which the person’s authority extends;
“postponement certificate” has the meaning assigned to it by Article 9(1);
“prescribed” means prescribed by an Order made by the Minister under this Law;
“public notice” means a notice published in 2 newspapers circulating in Jersey, one being a publication in French and the other a publication in English;
“register of conscientious objectors” has the meaning assigned to it by Article 13(1);
“registered” in relation to a medical practitioner or a dentist, means registered under the enactments for the time being regulating the exercise of those professions in Jersey;
“registered conscientious objector” means a person who is for the time being registered in the register of conscientious objectors and the expression “conditionally registered”, in relation to a conscientious objector, means a person who is for the time being conditionally so registered by virtue of an Order made or having effect as if it had been made under Article 13(5)(b), or made under Article 15(3)(c), 16(2), or 17(3);
“regular forces” means the royal navy, the royal marines, the regular army and the regular air force;
“Reinstatement Tribunal” means the tribunal constituted under Part 2 of Schedule 4;
“trust territory” means a territory placed under international trusteeship and administered by the Government of any part of Her Majesty’s dominions;
“undertaking” includes any business, whether carried on by way of trade or not, and the activities of any body of persons, whether corporate or unincorporated;
“year” means, in relation to the service of any person, the period of 12 months beginning with the commencement of that service or any anniversary.
(2) So long as a period shorter than 24 months is appointed by Act under Article 1(2) as the term of whole-time service, references in Part 1 and in Schedule 2 to a period of 24 months shall be construed as references to that shorter period.
(3) For the purposes of Part 1 and of Schedule 1, the time at which a person attains a relevant age shall be deemed to be the commencement of the relevant anniversary of the date of the person’s birth.
(4) For the purposes of Part 1, a person who is resident in Jersey shall be deemed to be ordinarily resident there unless –
(a) the person is residing there only for the purposes of attending a course of education;
(b) the circumstances of the person’s residence in Jersey are otherwise such as to show that the person is residing there for a temporary purpose only; or
(c) being a person who is, under the provisions of any enactment in force in any part of Her Majesty’s dominions outside Great Britain, the Channel Islands or the Isle of Man, a national or citizen of that part within the meaning of that enactment or a person who was born or is domiciled in any such part of Her Majesty’s dominions or in a British protectorate, a mandated territory, a trust territory or any other country or territory being a country or territory under Her Majesty’s protection or suzerainty, the person has been resident in Jersey for less than 2 years.
(5) For the purposes of Part 1, service in the home guard or service as an officer holding a commission in the royal naval volunteer reserve (sea cadet corps), or as an officer of the territorial army reserve of officers commissioned for service with the army cadet force, or as a commissioned officer of the training branch of the royal air force volunteer reserve, shall not be deemed to be service in the armed forces of the Crown.
(6) Any reference in Part 2 to the performing of services shall be construed as including a reference to the undergoing of training.
(7) A period of whole-time service shall not be treated for the purposes of Part 2 as having ceased by reason –
(a) of any absence on sick leave; or
(b) of any other absence on leave, unless it is leave on or pending release or demobilisation or leave pending discharge.
(8) For the purposes of Part 2, a person who attends for the purpose of entering any of the armed forces of the Crown but who has been notified that the person will not be immediately required to take up duty therewith shall not be treated as having been called up under Part 1 for whole-time service until the person reports for duty, and any period before the person is required for duty during which the person is required to attend for purposes connected with the person’s entry into the armed forces of the Crown shall be disregarded.
(9) For the purposes of Part 2, a person who is required to report for the purpose of being released, demobilised or discharged shall not, on reporting for that purpose, be treated as having been called up under Part 1.
43 Duration of Law
No person who attains the age of 18 years on or after 1st January 1959, shall be liable under this Law to be called upon to serve in the armed forces of the Crown; and accordingly this Law shall continue in operation only with respect to persons who have attained that age or who have been called up for service under this Law before that date:
Provided that the States may by Act substitute for the said day such later day as they may deem expedient.
44 Citation
This Law may be cited as the National Service (Jersey) Law 1954.
SCHEDULE 1
(Article 1)
Persons not liable to be called up for service
1. A person employed in the service of the Government of a part of Her Majesty’s dominions outside Jersey, or in the service of the Government of a British protectorate, a mandated territory, a trust territory, or some other country or territory which is under Her Majesty’s protection or suzerainty, being a person whose presence in Jersey is occasioned solely by the person’s employment in that service.
2. A person in holy orders or a regular minister of any religious denomination.
3. A person who –
(a) is receiving treatment for mental disorder or, as the case may be, for addiction under the provisions of Article 4 of the Mental Health (Jersey) Law 1969;[6] or
(b) is detained in a hospital or a mental nursing home, or who is under guardianship, under the provisions of that Law.[7]
4. A person certified by the Medical Officer of Health (Inspecteur Médical) to be a blind person.
5. A person who, at the date of the coming into force of this Law, has attained the age of 19 years:
Provided that the States, if satisfied at any time that, by reason of the gravity of the situation it is necessary so to do, may by Act determine that this paragraph shall cease to have effect.
SCHEDULE 2
(Articles 1 and 6)
Length of Whole Time Service
1. The term of a person’s whole-time service shall, for the purposes of Part 1, be completed on, or as soon as is practicable after, the expiration of a period of 24 months beginning with the person’s entry or enlistment for service under Part 1:
Provided that –
(a) if at the time when that term would otherwise be completed the person has become liable to be proceeded against for an offence against the Naval Discipline Act of the United Kingdom, military law or the Air Force Act of the United Kingdom, that term shall not be completed until the person has been tried or otherwise dealt with for that offence and has undergone any punishment awarded therefor, or, if at that time punishment for such an offence as aforesaid has already been awarded, until the person has undergone that punishment;
(b) in determining the end of the said period of 24 months no account shall be taken –
(i) of any day before the day on which the person presented himself in pursuance of the enlistment notice,
(ii) of any continuous period exceeding 14 days during which the person was absent as a deserter or absent without leave,
(iii) of any continuous period exceeding 14 days during which the person was serving, or would if the person had not been unlawfully at large have been serving, a term of imprisonment, detention, preventive detention, or detention in a Borstal institution in pursuance of a sentence of a court or an award by the person’s commanding officer or in default of payment of any sum of money or for doing or failing to do or abstain from doing anything required to be done or left undone; and
(c) if leave of absence is granted to any person for a period comprising or immediately following the date on which the person’s term of whole-time service would otherwise be completed under this Schedule, the Admiralty, the Army Council or the Air Council, as the case may be, may postpone the completion of that term until a date not later than the expiry of the person’s leave.
2. The Admiralty, the Army Council or the Air Council, as the case may be, may direct that a person’s whole-time service shall be treated as completed at any time earlier than it would otherwise be completed under this Schedule.
SCHEDULE 3
(Article 30)
PROVISIONS APPLICABLE TO ORDERS OF REINSTATEMENT TRIBUNALS
ORDERS REQUIRING EMPLOYMENT TO BE MADE AVAILABLE
1. An order requiring that employment shall be made available to the applicant by the applicant’s former employer may be made notwithstanding that more than 6 months have elapsed since the end of the applicant’s whole-time service, and notwithstanding that the date on which employment is to be made available to the applicant is more than 6 months after the end of the applicant’s whole-time service.
2. Any such order shall be made against the person who is the former employer of the applicant at the time of the making of the order, and accordingly it shall be the former employer’s duty to secure compliance therewith.
3. Where the applicant is taken into the employment of the applicant’s former employer in pursuance of any such order, the provisions of Part 2 shall have effect in relation to the applicant as if the applicant had been taken into employment in pursuance of the obligation imposed on the applicant’s former employer by Article 24:
Provided that where the applicant has already been in the employment of the applicant’s former employer for any period since the end of the applicant’s whole-time service, the period of 26, 52 or 13 weeks for which, under Article 27 as applied by this paragraph, the applicant has to be employed shall be correspondingly reduced.
4. Where, in pursuance of any such order, the former employer of the applicant makes employment available to the applicant on the date specified in the order but the applicant is prevented from taking it by sickness or other reasonable cause, the former employer shall be under the like obligation as the former employer would have been under if the employment had been made available in pursuance of the obligation imposed by Article 24:
Provided that, where the date specified in the order as the date on which employment is to be made available is more than 6 months from the end of the applicant’s whole-time service, so much of that Article as provides that in no case shall the former employer be under an obligation to take the applicant into the former employer’s employment after 6 months after the end of the applicant’s whole-time service shall have effect as if for the reference to the end of the applicant’s whole-time service there were substituted a reference to the date so specified.
ORDERS FOR COMPENSATION
5. An order for the payment of money by way of compensation shall, in so far as the compensation is in respect of a period subsequent to the order, be made against the person who is the former employer of the applicant at the date of the order, and, in so far as the compensation is in respect of a period before the order, be made against the person who was the former employer during the period of default by reason of which the order was made; and where different persons have been at different times the former employer of the applicant, the sum payable under the order shall be apportioned by the order between those persons, and references in Part 2 to the person against whom such an order is made shall be construed accordingly.
SCHEDULE 4
(Article 42)
TRIBUNALS
PART 1
MILITARY SERVICE TRIBUNAL
1. The Military Service Tribunal shall consist of a chairman and 8 other members appointed by the States, on the recommendation of the Minister.
2. The quorum of the Military Service Tribunal shall be 5, but subject thereto the Tribunal may act notwithstanding any vacancy in its number.
3. Where the chairman of the Military Service Tribunal is unable to act, the members of the Tribunal present shall appoint one of their number to act as deputy chairman.
PART 2
REINSTATEMENT TRIBUNAL
1. The Reinstatement Tribunal shall consist of a chairman and 6 other members appointed by the States, on the recommendation of the Minister.
2. The quorum of the Reinstatement Tribunal shall be 3, but subject thereto the Tribunal may act notwithstanding any vacancy in its number.
3. Where the chairman of the Reinstatement Tribunal is unable to act, the members of the Tribunal present shall appoint one of their number to act as deputy chairman.
4. The Minister may appoint such number of persons as it thinks fit as assessors to be available to the Reinstatement Tribunal, being persons who, in the opinion of the Minister, have expert knowledge of any matters which are likely to fall to be considered by the tribunal in exercising its jurisdiction under this Law, but an assessor shall not vote or otherwise be a party to any determination or order of the tribunal.
PART 3
APELLATE TRIBUNAL
The Appellate Tribunal shall consist of the Bailiff, who shall be the President of the tribunal, and 4 Jurats.
Endnotes
Table of Legislation History
Legislation
Year and No
Commencement
National Service (Jersey) Law 1954
L.18/1954
1 January 1955
National Service (Amendment) (Jersey) Law 1956
L.23/1956
11 August 1956
Solemn Affirmation (Jersey) Law 1963
L.15/1963
23 August 1963
Mental Health (Jersey) Law 1969
L.18/1969
1 January 1972 (R&O.5596)
Social Security (Jersey) Law 1974
L.22/1974
7 October 1974
Nursing and Residential Homes (Jersey) Law 1994
L.12/1994
27 May 1994
Subordinate Legislation (Amendment No.2) (Jersey) Law 2001
L.2/2001
23 February 2001
States of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations 2005
R&O.47/2005
9 December 2005
Public Finances (Consequential Amendments) (Jersey) Regulations 2005
R&O.126/2005
9 December 2005
Table of Renumbered Provisions
Original
Current
PART I
PART 1
PART II
PART 2
PART III
PART 3
43
repealed by L.22/1974
44
spent, omitted from this revised edition
45
43
46
44
46(2)
spent, omitted from this revised edition; former paragraph substituted by L.23/1956
FIRST SCHEDULE
SCHEDULE 1
SECOND SCHEDULE
SCHEDULE 2
THIRD SCHEDULE
SCHEDULE 3
FOURTH SCHEDULE
SCHEDULE 4
PART I
PART 1
PART II
PART 2
PART III
PART 3
FIFTH SCHEDULE
spent, omitted from this revised edition
Table of Endnote References
[1]
This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 7) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government
[2] Article 18(2)
amended by L.15/1963
[3] Article 40
repealed by R&O.126/2005
[4] Article 41(2)
amended by L.2/2001
[5] chapter 20.725Article 42(1)
definition “mental nursing home” inserted by L.12/1994
[6]
chapter 20.650
[7] Schedule 1
paragraph (3) substituted by L.18/1969
