CTHRepealedAct
Re-establishment and Employment Act 1945
138Extension of operation of certain provisions to members of the Forces (Korea and Malaya Operations)
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##### 138 Extension of operation of certain provisions to members of the Forces (Korea and Malaya Operations)
(1) Subject to this Part, the operation of the provisions of Part I (other than subsections (2) and (3) of section four and section five), Part II (other than Divisions 1 and 3), Part VI (other than Division 1 and section one hundred and two A), Parts VIII, IX and XII of this Act extends to, and in relation to, members of the Forces within the meaning of this Part.
(2) For the purposes of the operation of the provisions of this Act as extended by the last preceding subsection:
(a) a reference in those provisions to a member of the Forces shall be read as a reference to a member of the Forces as defined by the next succeeding section;
(b) a reference in those provisions to the war or to hostilities in all the wars in which His Majesty was engaged at the date of commencement of a Division of a Part of this Act shall be read as a reference to the war as defined by the next succeeding section;
(d) section seventy-two of this Act shall be read as if the words “not later than the thirtieth day of June, One thousand nine hundred and forty-nine,” were omitted;
(da) if the obligations under Division 3 of Part VI of this Act in respect of a loan made to an eligible person under section ninety-two of this Act and a further loan (if any) made to the same person under section ninety-six A of this Act have been fully discharged, the amounts of that loan and of that further loan (if any) shall be disregarded in connexion with the making of a loan to that person as an eligible person within the meaning of that Division in its extended operation;
(e) section ninety-six of this Act shall be read as if paragraph (a) of subsection (1) of that section were omitted and the following paragraph were inserted in its stead:
“(a) an application for the loan or guarantee is made within the prescribed period;”; and
(f) the regulations may provide that a business re-establishment allowance is not payable unless an application for the allowance is made within the prescribed period.
(3) The operation of the provisions of Part II and VI of this Act, as extended by subsection (1) of this section, and Division 3 of this Part, does not apply to or in relation to a member of the Forces who enlisted or enlists for a period exceeding three years unless he was or is discharged within a period of two years after he ceased or ceases to be engaged on war service.
(4) For the purposes of the last preceding subsection, a member of the Forces who, on the expiration of his original enlistment or subsequent re-engagement, re-engages to serve for a further period, shall, if the aggregate of the period of original enlistment and the period or periods of re-engagement exceeds three years, be deemed to have enlisted for a period exceeding three years.