Bermuda Volunteer (Reserve Force) Act 1939

[24 August 1939]

[preamble and words of enactment omitted]

Interpretation

1 In this Act—

"embodied" means embodied for actual military service under section 14;

"local forces" means the Bermuda Regiment maintained under the Defence Act 1965 [title 7 item 21];

"the Reserve" means the Bermuda Volunteer Reserve raised un der this Act; and

"reservist" means any member of the Reserve.

Raising of Bermuda Volunteer Reserve

2 The Governor may raise a force of volunteers, to be called "The Bermuda Volunteer Reserve", to form a reserve for the local forces.

Constitution of Reserve

3 Subject to any directions which may be given by Her Majesty, the Reserve shall consist of such number of reservists as the Governor may from time to time determine, and may be divided by the Governor into units.

Disbanding

4 The Governor may at any time disband the Reserve or any part thereof if it appears expedient to do so.

Command

5 (1) The Reserve and every unit thereof shall be under the com mand of the officer in command of the Bermuda Regiment and "Commanding Officer" shall be construed accordingly.

(2) Such officers commissioned into the local forces as the Gov ernor may determine shall act as officers of the Reserve.

(3) Officers of the local forces acting as officers of the Reserve shall undertake such functions as are specified by the Commanding Of ficer.

(4) Subject to this Act the Governor may make general or spe cial orders, to be called Governor's Orders, with respect to the recruit ment, organization, administration, training, pay and allowances of the Reserve and in respect of all other matters and things relating to the Re serve, and any order so made may be revoked or varied by a subsequent order.

(5) Governor's Orders may take the form of authorizing the Deputy Governor to issue instructions providing for any matter with re spect to which, by virtue of this section, Governor's Orders may be made.

Enrolment; period of service; form of oath

6 (1) Subject to any conditions prescribed by regulations made under this Act, every person accepted for service in the Reserve shall be enrolled for a term of either two or four years, at his option, reckoned
from the date of his attestation, and may be re-engaged, within three months before the end of his current term of service, for a term or terms of twelve months each, reckoned from the end of the term he is then serving.

(2) Every person accepted for service in the Reserve shall be re quired on enrolment to take an oath in the form set out in the Schedule before a Justice of the Peace or a commissioned officer of the local forces.

Discharge of reservist

7 (1) Subject to this section, a reservist shall be entitled to claim his discharge—

(a) on the expiration of his current term of service; or

(b) before the expiration of his current term of service if he fulfils the following conditions, that is to say—

(i) if he gives his Commanding Officer three months' notice in writing;

(ii) if he pays to and for the use of the Local Forces such sum as the Governor may determine but not exceeding sixty dollars; and

(iii) if he delivers up in good order (fair wear and tear alone excepted) all arms, ammunition, clothing and equipment, being public property, issued to him, or, in cases where for any good and suffi cient cause the delivery of such property is im possible, if he pays the value thereof:

Provided that the Governor may, if he thinks fit, dispense with any of the aforesaid conditions.

(2) If the Reserve is embodied the right of a reservist to claim his discharge under this section shall be suspended until the Reserve has ceased to be embodied.

Discipline

8 The Commanding Officer may discharge any reservist for mis conduct, inefficiency or other sufficient cause:

Provided that a reservist who is so discharged may appeal to the Governor who may give such directions in the matter as he thinks proper.

Reservist subject to Act until discharged

9 Until discharged in accordance with this Act or of any regula tions made thereunder every reservist shall remain subject to this Act.

Training

10 Every reservist shall by way of training attend such number of drills not exceeding six in any period of twelve months as his Com manding Officer may order and while attending such drills shall be sub ject to military law:

Provided that the drills referred to in this subsection may at the discretion of the Commanding Officer and with the approval of the Gov ernor be increased by such number of drills as, in the opinion of the Commanding Officer, may be necessary in the interest of training or mil itary efficiency.

Offences

11 (1) Any reservist who fails to complete the annual training pre scribed by section 10 commits an offence against this Act:

Punishment on summary conviction: a fine of $144.

(2) Any reservist who wilfully sells, disposes of, or pawns, or wrongfully destroys or damages, or negligently loses, or wrongfully re fuses or neglects to deliver up, any property issued to him as a reservist, commits an offence against this Act:

Punishment on summary conviction: a fine of $144 and he shall also be liable to pay the value of the property and the costs of prosecution.

(3) A prosecution of a reservist for an offence against this Act shall not be carried on except under the directions of his Commanding Officer.

Regulations

12 (1) The Governor may make regulations for carrying out gener ally the purposes of this Act.

(2) Without prejudice to the generality of subsection (1), such regulations may prescribe—

(a) the manner in which persons desiring to join the Reserve may be enrolled;

(b) conditions as to age, physical fitness and other condi-
tions subject to which persons desiring to join the Re serve may be accepted for service; and

(c) conditions as to age, physical fitness and other condi tions subject to which reservists may continue to serve in the Reserve.

Military service to be performed in Bermuda

13 Every reservist shall be liable to serve in any part of Bermuda but no reservists shall, by reason only of this Act, be required to serve outside Bermuda.

Embodiment

14 (1) In case of an emergency or of actual or apprehended inva sion of or attack on Bermuda, as to which the Governor shall be the sole judge, the Governor may by notice under his hand embody the Reserve or any part thereof for actual military service in Bermuda.

(2) When the Reserve is embodied, and for so long as the Re serve is embodied, every reservist shall for all purposes and in all re spects be deemed to be a member of the local forces, and shall accord ingly be subject to military law and shall be subject to all the liabilities and entitled to all the privileges imposed on or enjoyed by a member of the local forces on actual military service.

Service pension if killed or disabled

15 (1) Where a reservist suffers disablement or is killed as a result of undergoing military training under, this Act, or where a reservist suf fers disablement or is killed as a result of service in the Reserve when embodied then such reservist, or, as the case may be, his dependents, shall be eligible for the grant of such pension as the Governor may de termine in accordance with this section.

(2) The Governor in determining the amount of any pension granted under this section shall be guided by the Pensions and Gratu ities (War Service) Act 1947 [title 9 item 39].

SCHEDULE

FORM OF OATH

I, [A.B.] swear by Almighty God, that l will be faithful and bear true alle giance to [Her] Majesty [Queen Elizabeth the Second Her] heirs and suc cessors, and that l will as in duty bound honestly and faithfully and ac cording to the conditions of my service, in Bermuda defend [Her] Majesty, [Her] heirs and successors, in Person, Crown and Dignity against all [Her] enemies, and will observe all orders of [Her] Majesty, [Her] heirs and successors, and of the Generals and Officers set over me. So help me God.

[Amended by:
1952 : 11
1965 : 165
1968 : 139
1972 : 80.]

Bermuda Consolidated Legislation

Bermuda Volunteer (Reserve Force) Act 1939