Relinquishment of commission

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An officer may at any time apply in the prescribed manner to the Governor for permission to relinquish the officer's commission; and the Governor after considering the circumstances may grant the application.

Subject to subsection (3), if the Governor is satisfied that —

an officer is inefficient;

an officer has been guilty of neglect of duty or misconduct; or

for any other cause, an officer should no longer be an officer, the Governor may, by notice in writing, under the Governor's hand require that officer to relinquish the officer's commission or may, by the notice to the officer, dismiss that officer.

The Governor shall not require an officer to relinquish the officer's commission or dismiss an officer until the Governor has consulted the Commanding Officer; and, where the officer is charged with misconduct or neglect of duty, unless the officer has been given full opportunity to exculpate himself or herself before a Court of Inquiry, consisting of officers each of whom is an officer either of Her Majesty's armed forces or of the Regiment appointed by the Governor to inquire into and report on all the circumstances of the case.

The relinquishment by an officer of the officer's commission or the dismissal of an officer shall not of itself operate so as to absolve the person who has been an officer from any liability under this Law or so as to preclude the acceptance of the person's services as a volunteer.

Without prejudice to anything in the foregoing provisions of this section, provision may be made by Governor's Orders for fixing age limits at which officers, or officers of a particular rank, shall or may be required to relinquish their commissions, and for matters incidental thereto.

Nothing in this section shall be construed so as to affect any liability to which an officer may be subject under the Armed Forces Act while the Regiment or the sub-unit of the Regiment in which he or she is an officer is embodied.