APPOINTMENTS AND CONDITIONS OF SERVICE OF THE VOLUNTEER RESERVE FORCE REGULATIONS

SUBSIDIARY LEGISLATION 220.07

APPOINTMENTS AND CONDITIONS OF

SERVICE OF THE VOLUNTEER RESERVE

FORCE REGULATIONS

10th March, 1998

LEGAL NOTICE 80 of 1998, as amended by Legal Notices 71 of 2002,

20 of 2004, 181 of 2005, 411 of 2007 and 11 of 2016 and Act XXI of 2020.

The title of these regulations is the Appointments and

Conditions of Service of the Volunteer Reserve Force Regulations.

Oath of Allegiance to be taken by Officer on Commissioning

I ........................... swear/solemnly declare, that I will be faithful

and bear true allegiance to the People and the Republic of Malta

and its Constitution, and that I will, as in duty bound, honestly and

faithfully defend the Republic of Malta against all enemies, and

will observe and obey all orders of the President of Malta and

officers set over me.

(Date)

(Signature)

The said ...................................... has taken the oath/solemnly

declared before me at ................ on this ............ day of .............. of

the year .....................

(Signature and authority of

person administering oath)

(1)

In these regulations, unless the context otherwise

requires -

"the Act" means the Malta Armed Forces Act;

"Commander" means the Commander, Armed Forces of Malta

appointed under the Designation, Command and Establishment of

the Armed Forces of Malta Order, and in his absence or inability to

act includes the Deputy Commander, or any other officer appointed

to act as Commander, appointed under the Order aforesaid;

"determine", in relation to the Minister, means determine by

order or instruction (whether issued by him or under his authority)

or in such other form, as the Minister may deem appropriate;

"force" means the Volunteer Reserve Force (VRF);

"Individual Reserve Force" means the Individual Reserve Force

(IRF) constituted under the Appointments and Conditions of

Service of the Individual Reserve Force Regulations;

"recruiting officer" shall be construed in accordance with

regulation 6.

(2) Save as provided in sub-regulation (1), in these Regulations

words and expressions shall have the meaning as they have in the

Act.

PART I

Officers

Appointments, Promotion and Retirements

Notice Paper

Notice to be given under article 6(1) of the Malta Armed Forces

Act to a person offering to enlist in the Volunteer Reserve Force.

This paper sets out the general conditions of the various

enlistments and the questions you will be required to answer before

the officer who will attest you for the Volunteer Regular Force.

General conditions of enlistment

1. You must serve for the whole term for which you enlist.

You will have the chance to purchase your discharge during the

early months of your service. The military authorities have the right

to discharge you at any time if your services are no longer required.

Types of enlistment

2. (a) You will be enlisted on an initial engagement of three

years.

(b) At the end of the three years you may be allowed to

re-engage for further three years subject to the quota

for re-engagements existing at the time.

General

3. You may be enlisted into the Volunteer Reserve Force if

there is a vacancy and you are duly qualified. While in the Force to

which you are appointed you may be posted from one unit or

branch to another.

4. When you have been attested you will be subject to

military law, and you will be required to carry out whatever duties

may be ordered by those in authority over you.

5. No guarantee can be given that you will be employed on

any particular duties.

6. (a) If this is your first enlistment in the Volunteer Reserve

Force you will be entitled to claim your discharge on

payment of a sum not exceeding three hundred and

forty-nine euros and forty-one cents (349.41), provided

that the claim is made after the expiration of two

months and before the expiration of three months from

attestation.

(b) If you make a claim for discharge during the

appropriate period you will then be discharged with all

convenient speed unless, when you make your claim,

an order has been made ordering soldiers on the

Reserve Force for permanent service. In such a case

your discharge will be deferred for as long as the order

remains in force.

7. You will be liable to forfeit service if you are found guilty

of, or confess to, deserting the service. Such forfeit service will not

count towards the period of service for which you enlisted and

consequently the date of your discharge, and will alter the dates of

the ends of the periods on which you have a right to terminate your

service, and the dates on which notice should be given.

8. You may be discharged if you make a false answer to any

of the questions at the end of this Paper or because of any other

irregularities concerned with your enlistment.

9. Examples of other grounds on which you may be

discharged before the termination of your engagement by order of

the competent military authority are misconduct, unfitness on

medical grounds or the benefit of the public service.

10. If and when a soldier would otherwise be entitled to be

discharged, he is liable to be proceeded against by court martial, or

is serving a sentence of imprisonment or detention, his discharge

will be postponed. What is said above about entitlement to be

discharged must be read subject to this.

11. If, when you would otherwise become entitled to be

discharged, you are serving with the Force -

(a) while a state of war exists, or

(b) while soldiers in the reserve are called out for

permanent service,

you may be retained with the Force for a further period not

exceeding twelve months.

APPOINTMENTS AND CONDITIONS OF SERVICE

OF THE VOLUNTEER RESERVE FORCE

(1) Officers shall be commissioned by the President acting

on the advice of the Minister.

(2) For the purpose of giving advice under this regulation, the

Minister may do or cause to be done any one or more of the

following

(a) cause to be advertised in the Gazette any vacancies in

the force it is intended to fill;

(b) call for applications by prospective candidates for

commissions in the force with a view to obtaining a

APPOINTMENTS AND CONDITIONS OF SERVICE

OF THE VOLUNTEER RESERVE FORCE

commission in the force;

(c) determine the qualifications and other conditions for

the grant of commissions in the force;

(d) determine the qualifications and other conditions for

direct entry into the force as officers and/or the

circumstances in which such direct entry is to take

place;

(e) determine the rank and seniority in which a person will

be granted a commission;

(f)

distinguish between combatant and non-combatant

officers, and make sure other distinctions as he may

deem proper;

(g) make such other provision or arrangement for the

selection, appointment and commissioning of officers

in the force as he may deem appropriate.

Amended by

L.N. 11 of 2016.

ATTESTATION PAPER

Army No.......................

Nature of Engagement ...................

Volunteer Reserve Force

General Instruction for completing the Attestation Paper

1. The Recruit will first be given a copy of the Notice Paper.

2. Any alterations in the Attestation Form will be initialled in ink by the

Recruiting officer.

QUESTIONS TO BE PUT TO THE RECRUIT BEFORE ENLISTMENT

Under the provisions of articles 18 and 66 of the Malta Armed Forces Act, if a

person knowingly makes a false answer to any of the questions contained in the

Attestation Paper, he renders himself liable to punishment.

Q. 1 What is your full

(a) Christian or

(b) Surname

name?

Forename(s)

Q. 2.

What is your address?

Q. 3.

What is the date of your birth?

Q. 4.

Where were you born? (give

Q. 5.

Do you have dual nationality?

town and country)

Q. 6. What

was

the

nationality at birth of

(a) yourself?

(c) your mother?

(e) your wife?

(b) your father?

(d) your paternal grand-

father?

N.I. No.

Father’s name

APPOINTMENTS AND CONDITIONS OF SERVICE

OF THE VOLUNTEER RESERVE FORCE

Q. 7.

Are

you

single, Q. 8.

How many children Q. 9.

What is your

married, widowed?

are dependent on

profession?

you?

Q. 10. Do you belong to, or have you ever served in the Armed Forces of Malta or

of a Commonwealth Country or disciplined force? If so, state which, and the

periods of service and the reasons for and dates of discharge.

Q. 11. Have you ever been charged before any civil court with an offence of which

you have not been acquitted (even though you may only have been

absolutely or conditionally discharged, or placed on probation)? If so, give

full particulars of each charge.

Q. 12. Have you ever been rejected for service in the Armed Forces of Malta or of a

Commonwealth Country or disciplined force? If so, on what grounds?

Q. 13. Do you know the general conditions of the enlistment to be entered into?

Q. 14. Are you willing to serve for three years with the Volunteer Reserve Force?

SOLEMN DECLARATION

I, ................................................. do solemnly declare that the above answers made

by me to the above questions are true, and that I am willing to fulfil the engagement

made.

(Date)

(Signature of Recruit)

(Signature of witness)

Note: As soon as the recruit signs the above declaration and swears on oath, he

becomes a soldier of the Reserve Force of the Armed Forces of Malta and

thus subject to military law.

SOLEMN DECLARATION BY RECRUIT ON ATTESTATION

I, ....................................... swear/solemnly declare, that I will be faithful and

bear true allegiance to the People and the Republic of Malta and its Constitution

and that I will, as duty bound, honestly and faithfully defend the Republic of Malta

against all enemies, and will observe and obey all orders of the President of Malta,

and of the officers set over me.

(So help me God)

APPOINTMENTS AND CONDITIONS OF SERVICE

OF THE VOLUNTEER RESERVE FORCE

signature

date

The said ............................... has sworn on oath/solemnly declared before me at

.................. on ...................... of the year ................

(signature and authority of

person administrating oath)

Religious denomination ................................................

CERTIFICATE OF RECRUITING OFFICER

The Recruit named above was cautioned by me that if he knowingly made any

false answer to any of the questions above he would be liable to be punished as

provided in the Malta Armed Forces Act.

The questions above were then read to the recruit in my presence.

I have taken care that he understands each question, and that his answer to each

question has been duly entered.

I have taken care to see that the Recruit has received a copy of the Notice Paper,

and I am satisfied that he is fully aware of the terms and general conditions of

service on which he has entered.

I am satisfied from the evidence produced or the statements made by the recruit

that he has attained the minimum age for the man’s service.

The said recruit has made and signed the Declaration and taken the Oath/solemn

declaration before me at ............ on this .............. day of ................... of the year

Rank ..................................

Appointment ................................

Signature of Recruiting officer ...........................................

CERTIFICATE OF MEDICAL EXAMINATION

I /We have examined this Recruit in accordance

with current instructions and have assessed him as

follows

Date ...............................

Signature of Medical Officer/s .................................

APPOINTMENTS AND CONDITIONS OF SERVICE

OF THE VOLUNTEER RESERVE FORCE

.

CERTIFICATE OF APPROVING OFFICER

I CERTIFY that this attestion paper of the above-named recruit is properly

completed and that the required forms relative to his enlistment appear to have been

complied with. I accordingly approve, and appoint him to THE VOLUNTEER

RESERVE FORCE.

Date ..........................

Signature of Recruiting officer ...........................

Place ............................

Appointments, promotions and the retirement of officers

s h a l l b e a u t h o r i s e d b y t h e C o m m a n d e r, i n l i n e w i t h t h e

Appointments and Conditions of Service of the Regular Force

Regulations.

Pay and Allowances

The scales of pay and allowances for officers and men shall

be such as the Minister may from time to time determine and

announce.

PART II

Men

Enlistment, Service, Promotion, Employment and Discharge

Any officer of the Regular Force or of the force authorised

in that behalf by the Commander may enlist recruits in the force

and such officer shall be a recruiting officer for the purpose of the

Act and of these regulations.

The procedure for enlisting a person in the force shall be

the following

(a) the recruiting officer must first ensure that the person

to be enlisted is in possession of the Notice Paper as in

the Second Schedule, containing the general

conditions of service to be entered into, and that the

person understands it and wishes to be enlisted;

(b) the recruiting officer shall warn the person to be

enlisted that if he makes any false answer to the

questions to be read out to him he will be liable to be

punished as provided by the Act;

(c) he shall then read, or cause to be read, to that person

the questions set out in the attestation paper as in the

Third Schedule, and satisfy himself that he

understands each of those questions and that his

answers thereto have been duly recorded in the

attestation paper;

(d) he shall then ask that person to make and sign the

declaration set out in the attestation paper as to the

truth of the answers and shall administer to him the

oath of allegiance set out in the attestation paper;

(e) upon signing the declaration and taking the oath the

said person shall become a man of the force;

(f)

the recruiting officer shall by signature attest, in the

manner required by the attestation paper, that the

requirements of the Act as to the attestation of the

recruit have been carried out and shall deliver the

attestation

paper

duly

dated

to

the

Officer-in-Charge-Records;

(g) when the recruit is finally approved for service by the

Commanding Officer of the unit responsible for recruit

training, the officer by whom he is approved shall at

his request furnish him with a certified copy of the

attestation paper.

Candidates shall be selected by means of entrance tests and

an interview, to be held in such a manner as the Minister may

determine and must -

(a) be citizens of Malta;

(b) be between the age of eighteen and forty-five years;

(c) be fit for full employment in the force; and

(d) be certified to possess such minimum medical

standards as the Minister may from time determine

Provided that members of the Individual Reserve Force or

those who have terminated their engagement with the Regular

Force and who are not older than fifty-six years may also apply to

enlist in the Volunteer Reserve Force and shall be selected against

such criteria as the Commander may from time to time determine.

Successful candidates shall be enlisted on an initial

engagement of three years.

(1) Such percentage of personnel enlisted on an initial

engagement under regulation 9 as the Minister may, according to

the exigencies of the service, determine, may be allowed to serve

for further engagements of three years

Provided that members of the Individual Reserve Force or

those who have terminated their engagement with the Regular

Force who also form part of the Volunteer Reserve Force shall have

their engagement in the Volunteer Reserve Force terminated on

reaching the age of sixty-one years.

(2) Notwithstanding any other provisions of these regulations,

a serving member of the force shall have his or her engagement

terminated on reaching the age of fifty-five years.

Discharge from the force may be purchased against such

APPOINTMENTS AND CONDITIONS OF SERVICE

OF THE VOLUNTEER RESERVE FORCE

payment as the Minister may from time to time determine.

Promotion shall be made subject to recommendation based

on efficiency, seniority, qualifications and selection to fill a

vacancy.

(1) In addition to any other case provided by the Act or of

any regulations, rules or orders made thereunder, service may be

terminated in the cases and manner hereafter provided

(a) a recruit who has been attested but has not been finally

approved may be rejected and discharged by his

Commanding Officer on any of the following

grounds -

(i)

that he is unlikely to become an efficient soldier;

or

(ii) that he is a misfit or an undesirable influence; or

(iii) that he is likely to bring discredit on the service;

or

(iv) for any other reason in the interest of the

service;

(b) a man of the force who during his service is convicted

by a civil court of an offence committed before his

enlistment, or is convicted of an offence against article

18 or 66 of the Act, may have his service terminated

by the Commander;

(c) a man of the force whose retention in the service is

considered undesirable on account of -

(i) inefficiency; or

(ii) persistent petty breaches of discipline

insufficient to warrant discharge for misconduct

under paragraph (d); or

(iii) persistent indebtedness which has led to

inefficiency or to indiscipline or to any action by

the man that has repeatedly brought the service

into disrepute,

and in respect of whom the provisions of sub-

regulation (2) have been observed, may have his

service terminated by the Commander;

(d) a man of the force who during his service has been

sentenced -

(i)

by a civil court or a court-martial to

imprisonment;

(ii) by a civil court to detention; or

(iii) by a court-martial to a period of detention which

on confirmation is for twelve months or more,

shall be discharged unless in the opinion of the

Commander his retention is desirable in the interests

of the service;

(e) a man of the force who has been convicted by a civil

court or by a court-martial of an offence involving -

(i) serious dishonesty or violence; or

(ii) disgraceful conduct of a cruel, indecent or

unnatural kind; or

(iii) contravention of any enactment relating to

dangerous drugs,

but has been awarded a lesser sentence than would

warrant discharge under paragraph (d), may be

discharged by the Commander if, on the Commanding

Officer’s recommendation to that effect, he considers

the man’s discharge to be in the interests of the

service.

For the purpose of this paragraph a person who has

been placed on probation or has been discharged

absolutely or conditionally by a civil court shall not be

deemed to have been convicted;

(f)

a man of the force may be discharged by the

Commanding Officer if he has become medically unfit

for further service and is likely to remain so

permanently, and is so certified in a manner

satisfactory to the Commanding Officer;

(g) the Commander may permit the termination of service

by a man of the force free of charge at his request on

compassionate grounds;

(h) a man of the force may be discharged by the

Commander in any case in which the Commander is

satisfied that, in the interest of the service, a man’s

service is no longer required or should be terminated;

(i)

a man of the force shall be discharged on appointment

to a commission in the force.

PART III

Officers and Men

Call Out of Reservists

Call out of reservists in case of national danger or any such

other emergency shall be in terms of articles 32 to 35 of the Act.

Call out of reservists in case of national missions or any

such other task shall be in terms of article 35A of the Act.

Training

Subject to the provisions of article 36 of the Act,

volunteers of the force shall be required to undergo minimum

training consisting of two hundred and forty hours of training per

year, with each training session being of not less than four

consecutive hours but not in excess of eight continuous days

Provided that during the first year of engagement, training

periods shall consist mainly of basic soldiering skills. During the

second and subsequent years, train in g shal l be mad e u p of

specialised skills training which may also include on the job

training with any body of the force.

Discipline

Officers and men of the force shall be subject to Parts III,

IV, V, VI, VII and VIII of the Act during any time or period that

individuals are undergoing their training obligations or are called

out on permanent service in terms of article 32 of the Act or service

in terms of article 35A of the Act.

Leave

Members of the force have no entitlement to annual leave,

except when called out on permanent service in terms of article 32

of the Act. The regulation applicable to the Regular Force would

then apply.

(1) Compassionate leave may be granted in any of the

following cases

(a) death, imminent death or dangerous illness of spouse,

child, parent or other recorded next of kin;

(b) for urgent reasons of an exceptional or personal nature,

when the presence of the individual concerned is

essential to lessen domestic hardship.

(2) Except in extreme urgency, the compassionate

circumstances shall be verified before leave is granted. In cases of

extreme urgency leave may be granted immediately and the

circumstances investigated as soon as possible afterwards.

(3) Authority to grant compassionate leave shall be the

responsibility of the Commanding Officer.

(1) Special medical leave may be authorised by the

Commanding Officer, provided that it is recommended by the

medical officer for periods not exceeding eight days.

(2) Personnel who are unable to report for duty due to illness

shall contact their unit as soon as practicable.

Members of the force are not entitled to terminal leave.

All leave shall be recorded on the individual’s record of

leave.

Medical Facilities

(1) During the period or periods when undergoing training

obligations, officers and men shall be entitled to free medical

treatment by a medical officer appointed for that purpose, in a

medical centre equipped for that purpose.

(2) Officers and men shall be entitled to hospitalisation without

any charge to them.

(3) Officers and men who are unable to report for duty due to

illness or injury shall be visited by a medical officer during

working hours.

When members of the force are called out on permanent

service in terms of article 32 of the Act or service in terms of article

35A of the Act, they will be eligible for all medical treatment as

applicable to members of the Regular Force.