6Non‑effective service

6 Non‑effective service

(1) Where a member of the scheme has, for any period commencing on or after the date of commencement of the scheme and ending before 3 July 1985, being a period that exceeds 21 consecutive days, been: (a) on leave of absence without pay; (b) absent without leave; (c) awaiting or undergoing trial on a charge in respect of which he is later convicted; or (d) undergoing field punishment, detention or imprisonment; that period shall be deemed to be a period of non‑effective service in relation to him. (2) Where a member of the scheme has, for any period commencing before the date of commencement of the scheme but ending on or after that date, being a period that exceeds 21 consecutive days, been absent without leave, so much of that period as commenced on the date of commencement of the scheme shall be deemed to be a period of non‑effective service in relation to him. (3) Where a member of the scheme was on leave of absence without pay for a period: (a) that commenced: (i) on or after 3 July 1985; or (ii) on or after the date of commencement of the scheme and ended on or after 3 July 1985; and (b) that exceeded 21 consecutive days; the period shall be deemed to be a period of non‑effective service in relation to the member. (4) Where: (a) the salary and allowances of a member of the scheme in respect of a period were, on or after 3 July 1985, forfeited, in whole or in part, under regulations made under the Defence Act 1903; (b) the period exceeded 21 consecutive days; and (c) an amount equal to the amount of the salary and allowances forfeited was not subsequently paid, and is not payable, under those regulations to the member; the period shall be deemed to be a period of non‑effective service in relation to the member. (5) Where: (a) a member of the scheme was in custody under the Defence Force Discipline Act 1982 awaiting or undergoing trial for a service offence; (b) the period for which the member was in custody awaiting or undergoing trial: (i) commenced: (A) on or after 3 July 1985; or (B) on or after the date of commencement of the scheme and ended on or after 3 July 1985; and (ii) exceeded 21 consecutive days; (c) the member was subsequently convicted of the offence or another service offence at the trial; and (d) either of the following subparagraphs apply: (i) the conviction was not quashed or set aside; (ii) the conviction was quashed or set aside and: (A) a conviction for another service offence was substituted; or (B) the member was ordered to be tried again for the offence of which the member was convicted, or for another service offence, and was convicted of a service offence at the subsequent trial; the period shall be deemed to be a period of non‑effective service in relation to the member. (6) Where: (a) 2 or more consecutive periods of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii) or 2 or all of those provisions, be deemed to be periods of non‑effective service in relation to a member of the scheme; and (b) the periods exceed, in the aggregate, 21 days; the periods shall be deemed to be periods of non‑effective service in relation to the member. (7) Where: (a) a period of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii), be deemed to be a period of non‑effective service in relation to a member of the scheme; and (b) the period is consecutive with a period that, under subsection (3), (4) or (5), is deemed to be a period of non‑effective service in relation to the member; the period shall be deemed to be a period of non‑effective service in relation to the member. (8) Where: (a) a period of 24 hours or more would, but for paragraph (3)(b), paragraph (4)(b) or subparagraph (5)(b)(ii), be deemed to be a period of non‑effective service in relation to a member of the scheme; and (b) the period is consecutive with a period that, under subsection (7) or this subsection, is deemed to be a period of non‑effective service in relation to the member; the period shall be deemed to be a period of non‑effective service in relation to the member.