Cap. 220 Art. 9Postponement in certain cases of discharge or transfer to reserve.

(1) Where at a time at which apart from this article a man of the regular force would be entitled to be discharged or would fall to be transferred to the reserve, a state of war exists between Malta and any foreign power, or men of the reserve are called out on permanent service, or he is serving outside Malta, he may be retained in service for such period as is hereinafter mentioned, and his service may be prolonged accordingly.

(2) No person shall be retained in service by virtue of this article later than the expiration of twelve months after the date on which apart from this article he would be entitled to be discharged.

(3) Subject to the provisions of the last foregoing sub-article, a person who apart from this article would be entitled to be discharged may be retained in service for such period as the Minister may order.

(4) Subject as aforesaid, a person who apart from this article would fall to be transferred to the reserve may be retained in service for such period, ending not later than twelve months from the date on which apart from this article he would fall to be transferred to the reserve, as the Minister may order or for any period or further period during which men of the reserve continue called out on permanent service.

(5) If while a man is being retained in service by virtue of this article it appears to the competent military authority that his services can be dispensed with, he shall be entitled to be discharged or transferred to the reserve as the case may require.

(6) Where, at any time at which under the foregoing provisions of this article a man is entitled to be discharged or transferred to the reserve, a state of war exists between Malta and any foreign power, he may, by declaration made in the prescribed form before his commanding officer agree to continue in service while such state of war exists; and if the competent military authority approves he may continue accordingly as if the period for which his term of service could be prolonged under the foregoing provisions of this article were a period continuing so long as a state of war exists: Provided that if it is so specified in the declaration he shall be entitled to be discharged or transferred to the reserve, as the case may require, at the expiration of three months’ notice given by him to his commanding officer.

(7) In relation to men of the regular force serving outside Malta references in this article to being entitled to be transferred to the reserve shall be construed as references to being entitled to be sent to Malta with all convenient speed for the purpose of being transferred to the reserve.