Determination that part-time Reservist unlikely to return to defence service

(1)

If a claim for compensation has been made under section 319 in respect of a part-time Reservist, the Reservist's service chief may advise the Commission in writing if the Reservist is unlikely to be able to perform the duties of a part-time Reservist in the future as a result of his or her incapacity.

Determination that cadet unlikely to return to defence service

(2)

If a claim for compensation has been made under section 319 in respect of a cadet, the commanding officer of the cadet's unit (within the meaning of the Cadet Forces Regulations 1977 ) may advise the Commission in writing if the cadet is unlikely to be able to perform the duties of a cadet in the future as a result of his or her incapacity.

Person taken to have ceased to be a member

(3)

If the Commission is given an advice in respect of a person under subsection (1) or (2), the person is taken to have ceased to be a member for the purposes of this Act.

Advice to specify the date

(4)

The advice must specify the date (which must not be retrospective) from which the person is taken to have ceased to be a member for the purposes of this Act.