Defence Act 1954

Defence Act 1954


Number 18 of 1954


DEFENCE ACT 1954

REVISED

Updated to 7 April 2017


This Revised Act is an administrative consolidation of the Defence Act 1954. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, and all statutory instruments up to and including Prisons Act 2015 (Commencement) Order 2017 (S.I. No. 134 of 2017), made 5 April 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 18 of 1954


DEFENCE ACT 1954

REVISED

Updated to 7 April 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Defence Acts 1954 to 2015 : this Act is one of a group of Acts included in this collective citation ( Defence (Amendment) Act 2015, s. 4(2)), to be construed together as one ( Defence (Amendment) Act 2011, s. 12(2)). The Acts in the group are:

Defence Act 1954 (18/1954)

Defence (Amendment) (No. 2) Act 1960 (44/1960)

Defence (Amendment) Act 1979 (1/1979)

Defence (Amendment) (No. 2) Act 1979 (28/1979)

Defence (Amendment) Act 1987 (8/1987)

Defence (Amendment) Act 1990 (6/1990)

Criminal Law Act 1997 (14/1997), s. 14 and sch. 2

Defence (Amendment) Act 1998 (31/1998)

Defence (Amendment) Act 2006 (20/2006)

Defence (Amendment) Act 2007 (24/2007)

Defence (Amendment) Act 2011 (17/2011)

Defence (Amendment) Act 2015 (24/2015) (citation only)

Acts previously included in the group but now repealed are:

Defence (Amendment) Act 1960 (22/1960)

Defence (Amendment) Act 1993 (18/1993)

Although not included in the collective citation, the following legislation deals with related subject matter:

Courts Martial Appeals Act 1983 (19/1983)

Civil Defence Act 2012 (51/2012)

Ombudsman (Defence Forces) Act 2004 (36/2004)

Defence (Miscellaneous Provisions) Act 2009 (35/2009)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Prisons Act 2015 (57/2015)

Defence (Amendment) Act 2015 (24/2015)

Statute Law Revision Act 2015 (23/2015)

Freedom of Information Act 2014 (30/2014)

Education and Training Boards Act 2013 (11/2013)

Jurisdiction of Courts and Enforcement of Judgements (Amendment) Act 2012 (7/2012)

Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011)

Defence (Amendment) Act 2011 (17/2011)

Criminal Law (Insanity) Act 2010 (40/2010)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Adoption Act 2010 (21/2010)

Defence (Amendment) Act 2007 (24/2007)

International Criminal Court Act 2006 (30/2006)

Defence (Amendment) Act 2006 (20/2006)

Criminal Law (Insanity) Act 2006 (11/2006)

Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

Ombudsman (Defence Forces) Act 2004 (36/2004)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Justice (Theft and Fraud Offences) Act 2001 (50/2001)

Children Act 2001 (24/2001)

Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000)

Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000)

Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998)

Defence (Amendment) Act 1998 (31/1998)

Employment Equality Act 1998 (21/1998)

Public Service Management Act 1997 (27/1997)

Criminal Law Act 1997 (14/1997)

Freedom of Information Act 1997 (13/1997)

Family Law Divorce Act 1996 (33/1996)

Protection of Young Persons (Employment) Act 1996 (16/1996)

Family Law Act 1995 (26/1995)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Irish Aviation Authority Act 1993 (29/1993)

Defence (Amendment) Act 1993 (18/1993)

Child Care Act 1991 (33/1996)

Criminal (Rape) (Amendment) Act 1990 (32/1990)

Criminal Justice Act 1990 (16/1990)

Larceny Act 1990 (9/1990)

Defence (Amendment) Act 1990 (6/1990)

Judicial Separation and Family Law Reform Act 1989 (6/1989)

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988)

Status of Children Act 1987 (26/1987)

Defence (Amendment) Act 1987 (8/1987)

Age of Majority Act 1985 (2/1985)

Courts-Martial Appeals Act 1983 (19/1983)

Defence (Amendment) (No. 2) Act 1979 (6/1990)

Defence (Amendment) Act 1979 (1/1979)

European Assembly Elections Act 1977 (30/1977)

Ministers and Secretaries (Amendment) (No. 2) Act 1977 (28/1977)

Unfair Dismissals Act 1977 (10/1977)

Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976)

Juries Act 1976 (4/1976)

Genocide Act 1973 (28/1973)

Criminal Justice Act 1964 (5/1964)

Curragh of Kildare Act 1961 (35/1961)

Defence (Amendment) (No. 2) Act 1960 (44/1960)

Electoral Act 1960 (43/1960)

Defence (Amendment) Act 1960 (22/1960)

Statute of Limitations 1957 (6/1957)

Prisoners of War and Enemy Aliens Act 1956 (27/1956)

Civil Service Regulation Act 1956 (46/1956)

Civil Service Commissioners Act 1956 (45/1956)

Public Authorities (Judicial Proceedings) Act 1954 (27/1954)

All Acts up to and including Health (Amendment) Act 2017 (5/2016), enacted 31 March 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012 (S.I. No. 345 of 2012)

Rules of Procedure (Defence Forces) (Amendment) Rules 2012 (S.I. No. 344 of 2012)

Military Judge (Temporary Designation) (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 82 of 2012)

Rules of Procedure (Defence Forces) 2011 (S.I. No. 581 of 2011)

Court-Martial Rules 2011 (S.I. No. 580 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011)

Court-Martial Rules 2009 (S.I. No. 273 of 2009)

Court-Martial Rules 2008 (S.I. No. 205 of 2008)

Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008)

Rules of Procedure (Defence Forces) (Form of Oath of Military Judge) 2007 (S.I. No. 661 of 2007)

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006)

European Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52 of 2002)

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000)

District Court Rules 1997 (S.I. No. 93 of 1997)

Rules of Procedure (Defence Forces) 1987 (S.I. No. 245 of 1987)

European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations 1986 (S.I. No. 292 of 1986)

Rules for Military Prisons and Detention Barracks 1983 (S.I. No. 203 of 1983)

Rules of Procedure (No. 3) (Defence Forces) 1983 (S.I. No. 202 of 1983)

Rules of Procedure (No. 2) (Defence Forces) 1983 (S.I. No. 72 of 1983)

Rules of Procedure (Defence Forces) 1983 (S.I. No. 22 of 1983)

Defence Act, 1954 (Control of Roads at Gormanston Aerodrome) Bye-Laws 1959 (S.I. No. 37 of 1959)

Rules of Procedure (Defence Forces) 1954 (Amendment) Rules 1955 (S.I. No. 58 of 1955)

Defence Forces (Summoning of Civilian Witnesses) Regulations 1954 (S.I. No. 297 of 1954)

Rules for Military Prisons and Detention Barracks 1954 (S.I. No. 291 of 1954)

Defence (Civil Authority with respect to Courts-Martial) Regulations 1954 (S.I. No. 250 of 1954)

Rules of Procedure (Defence Forces) 1954 (S.I. No. 243 of 1954)

Defence Act 1954 (Commencement) Order 1954 (S.I. No. 233 of 1954)

Defence Forces (Pensions) Scheme 1937 (S.R.&O. No. 249 of 1937) as amended by Defence Forces (Pensions) (Amendment) Scheme 1956 (S.I. No. 35 of 1956)

All statutory instruments up to and including Prisons Act 2015 (Commencement) Order 2017 (S.I. No. 134 of 2017), made 5 April 2017, were considered in the preparation of this revision.


Number 18 of 1954


DEFENCE ACT 1954

REVISED

Updated to 7 April 2017


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation generally.

3.

Application of Act to persons subject to military law.

4.

Period of emergency.

5.

Active service.

6.

Employment on State ships.

7.

Prosecution of certain offences by the Minister.

8.

Provisions in relation to regulations.

9.

Repeals.

10.

Expenses.

PART II.

The Council of Defence, the Chief of Staff, the Adjutant-General, the Quartermaster-General, Military Branches of the Department of Defence, the Inspector-General and the Judge Advocate-General.

11.

The Council of Defence.

12.

The Chief of Staff, the Adjutant-General and the Quartermaster-General.

13.

Military branches of the Department of Defence.

14.

The Inspector-General.

15.

The Judge Advocate-General.

PART III.

Raising, Maintenance, Command, Constitution and Organisation of the Defence Forces, Military Education and Miscellaneous Matters Relating to the Defence Forces.

Chapter I.

Raising, Maintenance and Command of the Defence Forces.

16.

Authority to raise and maintain the Defence Forces.

17.

Military command.

Chapter II.

Constitution of the Defence Forces and General Organisation thereof.

18.

Constitution of the Defence Forces.

19.

Constitution of the Permanent Defence Force.

20.

Constitution of the Reserve Defence Force.

21.

Classes of the Reserve Defence Force.

22.

Organisation of the Defence Forces.

23.

Service corps.

24.

Commissioned ranks in the Defence Forces.

25.

Non-commissioned ranks in the Defence Forces.

26.

General regulations in relation to the Defence Forces.

Chapter III.

Military Education.

27.

Establishment of educational institutions.

28.

Other educational arrangements.

29.

Cadetships.

Chapter IV.

Miscellaneous Provisions in relation to the Defence Forces.

30.

Special powers in relation to defence.

31.

Right of entry on land.

32.

Acquisition of land, etc., by agreement.

33.

Compulsory acquisition of land or rights over land.

34.

User of land by the Minister.

35.

Right of Minister to erect and maintain certain apparatus on land in vicinity of service aerodromes.

36.

Restrictions on use of land in vicinity of service aerodromes.

37.

Billeting during a period of emergency.

38.

Billeting in peace time.

39.

Exercise of powers vested in holder of military office.

40.

Provisions as to orders of military authorities.

PART IV.

Personnel of the Defence Forces.

Chapter I.

Officers.

41.

Persons eligible to be appointed officers.

42.

Appointment of officers, and commissions.

43.

Oath to be taken by officers.

44.

Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.

45.

Promotion of officers.

46.

Placing of officer on half-pay.

47.

Retirement of officers of the Permanent Defence Force.

48.

Relinquishment of commissions by officers of the Reserve Defence Force.

49.

Resignation of officers.

50.

Dismissal of officers.

51.

Effective dates of appointment, etc., of officers.

52.

Notification of appointments, etc., in Iris Oifigiúil.

Chapter II.

Men.

Division I.

Enlistment and Discharge, Etc., of Men.

Original enlistment.

53.

Enlistment in the Permanent Defence Force for service during a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force.

54.

Enlistment in the Permanent Defence Force for service during a period of emergency.

55.

Direct enlistment in the Reserve Defence Force for service during a fixed period.

Proceedings for enlistment.

56.

Recruiting regulations.

57.

Mode of enlisting recruits.

58.

Oath on enlistment.

59.

Effect of signing declaration required by attestation paper and complying with section 58.

Appointment to service corps.

60.

Enlistment for general service and appointment to service corps.

61.

Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.

Assignment of reservists to classes of reservists.

62.

Assignment of reservists to a particular class of reservists.

Variation of engagement, re-engagement and continuance in service.

63.

Change of conditions of service of men enlisted under section 53.

64.

Re-engagement of men of the Permanent Defence Force enlisted under section 53.

65.

Continuance in service after 21 years’ service of men of the Permanent Defence Force.

66.

Extension of term of original enlistment of reservists enlisted under section 55.

67.

Re-engagement of reservists.

68.

Continuance in service after 21 years’ service of reservists.

Transfer to Reserve Defence Force and discharge.

69.

Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.

70.

Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.

71.

Discharge of men of the Permanent Defence Force enlisted under section 54.

72.

Discharge of reservists.

Discharge otherwise than on completion of service.

73.

Discharge of men by direction of Minister or authorised officer.

74.

Discharge of reservists becoming members of either House of the Oireachtas.

75.

Discharge by purchase.

76.

Discharge of persons under eighteen.

77.

Discharge of apprentices.

Status of unenlisted person in receipt of pay as a man and of persons informally enlisted.

78.

Status of unenlisted person in receipt of pay as a man.

79.

Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.

General provisions as to discharge.

80.

Order for discharge of men.

81.

Provisions in relation to discharge.

82.

Certificate on discharge.

83.

Collection and disposal of moneys paid in respect of discharge of men.

Division II.

Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.

84.

Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.

Chapter III.

Service of Members of the Defence Forces.

Service of members of the Permanent Defence Force.

85.

Service of members of the Permanent Defence Force.

Service of officers of the Reserve Defence Force.

86.

Service of officers of the Reserve Defence Force.

Service of reservists.

87.

Calling out of reservists on permanent service.

88.

Calling out of certain reservists on permanent service otherwise than under section 87.

89.

Service of reservists called out on permanent service.

90.

Calling out of reservists in aid of the civil power.

91.

Service of reservists called out in aid of the civil power.

92.

Annual training of reservists.

93.

Voluntary training of reservists.

94.

Attendance of reservists for inspection.

95.

Attachment of reservists called out on permanent service, etc.

96.

Service of notices on reservists.

Chapter IV.

Pay and Allowances of Members of the Defence Forces.

97.

Regulations as to pay, allowances and gratuities of members of the Defence Forces.

98.

Deductions from pay of man in respect of certain court orders.

99.

Deductions from pay of man in respect of maintenance of wife and children.

100.

Restrictions on deductions from pay, etc.

101.

Withholding of pay in certain cases.

102.

Prohibition of assignment of pay, etc.

Chapter V.

Disqualifications, Exemptions and Privileges of Members of the Defence Forces.

103.

Prohibition of membership of political and secret societies.

104.

Disqualification for membership of a local authority.

105.

Exemption from jury service.

106.

Arms, etc., of members of the Defence Forces to be exempt from seizure.

107.

Exemption of men from civil process.

108.

Exemption from prosecution, etc., under section 83 of the Public Assistance Act, 1939.

109.

Obstruction, etc., of member of Garda Síochána.

110.

Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.

111.

Protection of persons acting under this Act.

112.

Exemption from duties and tolls.

113.

Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.

Chapter VI.

Miscellaneous Provisions.

114.

Redress of wrongs.

115.

Collection and distribution of certain property of deceased members of the Defence Forces.

116.

Disposal of personal belongings of deserter, absentee or person of unsound mind.

117.

Regulations for purposes of Part IV.

PART V.

Discipline.

CHAPTER I.

Liability to Military Law.

118.

Persons subject to military law as officers.

119.

Persons subject to military law as men.

120.

Liability to military law in respect of status.

121.

Modification of Part V in its application to civilians subject to military law.

122.

Place of trial for offences against military law.

123.

Time limit for trial of offences.

CHAPTER II.

Offences against Military Law.

124.

Capital offences by commanders when in action.

125.

Capital offences by any person in relation to the enemy.

126.

Offences punishable more severely on active service than at other times.

127.

Offences related to prisoners of war.

128.

Mutiny with violence.

129.

Mutiny without violence.

130.

Offences related to mutiny.

131.

Disobedience to superior officer.

132.

Striking or offering violence to a superior officer.

133.

Insubordinate behaviour.

134.

Disorders.

135.

Desertion.

136.

Connivance at desertion.

137.

Absence without leave.

138.

False statement in respect of leave.

139.

Scandalous conduct of an officer.

140.

Ill-treatment of inferiors.

141.

False accusations against officer or man.

142.

Prohibition on being under the influence of an intoxicant.

142A.

Drugs etc.

143.

Malingering or maiming.

144.

Dilatory conduct in regard to trials.

145.

Negligent or wilful interference with lawful custody.

146.

Escape from custody.

147.

Obstruction of officer or man carrying out police duties.

148.

Obstruction of civil power.

149.

Losing, stranding or hazarding State ships.

150.

Unauthorised carriage on ships or aircraft.

151.

Wrongful acts in relation to aircraft.

152.

Inaccurate certificate as regards aircraft.

153.

Low flying.

154.

Disobedience of orders of captain of aircraft.

155.

Fraud by persons in charge of property.

156.

Stealing, embezzlement, etc., of property.

157.

Destruction, loss or improper disposal of property.

158.

Bribery, corruption and fraud.

159.

Negligent or furious driving of service vehicles.

160.

Unauthorised use of service vehicles.

161.

Offences in relation to courts-martial, etc.

162.

False evidence.

163.

Disturbances, etc., in billets.

164.

Fraudulent enlistment.

165.

General offences in relation to enlistment.

166.

Negligent performance of duties.

167.

Offences in relation to documents.

168.

Conduct to the prejudice of good order and discipline.

169.

Offences punishable by ordinary law.

169A.

Trial by court martial of treason and certain murders and attempts.

CHAPTER III.

Arrest and Courts of Inquiry on Absent Men.

170.

Provost Marshal.

171.

Arrest.

172.

Placing of person arrested in service custody.

173.

Guard report.

174.

Court of inquiry on absent man.

CHAPTER IV.

Investigation and Summary Disposition of Charges, Remands for Court-martial and Dispensation with Trial by Court-martial .

175.

Acquittal or conviction to be a bar to summary proceedings.

176.

Charge to be investigated without delay.

176A.

Scheduled offences.

177.

Charges against officers and other specified persons.

177A.

Notice.

177B.

Right to elect for trial by court-martial.

177C.

Summary disposal by authorised officer.

177D.

Remand for trial by court-martial.

178.

Charges against men.

178A.

Notice.

178B.

Right to elect for trial by court-martial.

178C.

Summary disposal by commanding officer.

178D.

Remand for trial by court-martial.

178E.

Appeal to summary court-martial.

178F.

Hearing of appeal by summary court-martial.

178G.

Powers of summary court-martial.

179.

Charges against privates and seamen.

179A.

Notice.

179B.

Right to elect to have charge disposed of summarily by commanding officer.

179C.

Summary disposal by subordinate officer.

179D.

Appeal to commanding officer.

179E.

Hearing of appeals by commanding officer.

179F.

Suspension of operation of certain punishments pending appeal.

180.

Revision of summary awards.

181.

Trial of accused without preliminary investigation.

182.

Confession of desertion or fraudulent enlistment.

183.

Summoning of civilian witnesses before authorised officers and commanding officers.

184.

Regulations in relation to investigation and summary disposition of charges.

CHAPTER IVA.

Court-Martial Administrator

184A.

Appointment of Court-Martial Administrator.

184B.

Functions of Court-Martial Administrator.

CHAPTER IVB.

Director of Military Prosecutions

184C.

Appointment of Director of Military Prosecutions.

184D.

Committee.

184E.

Terms and conditions of appointment.

184F.

Prosecuting officers.

184G.

Prosecution of offences.

184H.

Removal of Director from office.

184I.

Steps to be taken before removal of Director.

CHAPTER IVC.

Military Judge

184J.

Military judge.

184K.

Committee.

184L.

Terms and conditions of appointment.

184M.

Functions of military judge.

184N.

Chief Military Judge.

184O.

Removal of military judge from office.

184P.

Steps to be taken before removal of military judge.

CHAPTER V.

Courts-martial.

185.

Acquittal or conviction to bar subsequent trial by court-martial.

186.

Classes of courts-martial.

187.

Convening of courts-martial.

187A.

Summary court-martial.

188.

Special powers of convening authorities.

189.

General court-martial.

190.

Limited courts-martial.

191.

Membership of court-martial board.

192.

Jurisdiction of courts-martial.

193.

Dissolution of courts-martial.

194.

Admission to courts-martial.

195.

Divers matters of procedure.

196.

Counsel at courts-martial.

197.

Challenges by accused.

197A.

Rulings and directions.

198.

Courts-martial: findings and sentence.

199.

Swearing of court-martial.

200.

Evidence to be on oath.

201.

Evidence at courts-martial.

202.

Mental disorder at time of trial.

203.

Mental disorder at time of commission of offence.

203.

Mental disorder at time of commission of offence.

203A.

Diminished responsibility.

203B.

Appeals (mental disorder at time of trial).

203C.

Appeals (not guilty by reason of insanity).

203D.

Appeals (order of committal under section 202 or 203).

204.

Finding of acquittal.

205.

Conviction for offence other than that charged.

205A.

Effect of certain offences on persons in respect of whom committed.

206.

Effective dates of sentences by courts-martial.

207.

Summoning and privilege of witnesses at courts-martial.

208.

Contempt of court-martial.

CHAPTER VI.

Punishments awardable by Courts-martial for Offences against Military Law.

209.

Punishments which may be awarded to officers by courts-martial.

210.

Punishments which may be awarded to men by courts-martial.

211.

Separate sentence for each offence.

211A.

Restriction on sentence of imprisonment or detention on person who is not represented.

212.

Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.

212A.

Power to suspend sentence.

212B.

Review of certain sentences.

213.

Order for payment of compensation.

213A.

Payment of fine.

214.

Restoration of seniority lost and service forfeited by sentence of a court-martial.

CHAPTER VII.

Action on Findings and Sentences of Courts-martial

215.

Findings and sentences not to be valid unless confirmed.

216.

Confirming authorities.

217.

Reference of finding and sentence by confirming authority to superior confirming authority.

218.

Revision by courts-martial of findings and sentences.

219.

Powers of confirming authority as to confirmation.

220.

Additional powers of confirming authority in relation to sentences passed by courts-martial.

221.

Mitigation, remission, etc., of sentences (other than death sentences) after confirmation.

222.

Date of commencement of sentences of penal servitude, imprisonment or detention imposed by way of substitution.

223.

Suspension of sentences of penal servitude, imprisonment or detention passed on men.

224.

Quashing of finding of court-martial.

225.

Orders for restitution.

226.

Proceedings of court-martial.

CHAPTER VIII.

Execution of Sentences.

227.

Sentence of death.

228.

Execution of sentence of penal servitude.

229.

Execution of sentence of imprisonment or detention.

230.

Suspension of currency of sentence where a person escapes or is released without proper authority.

231.

Duty of governor of prison to receive prisoners.

232.

Establishment of military prisons and detention barracks.

233.

Regulation of military prisons and detention barracks.

234.

Assisting prisoners in military prisons and detention barracks to escape.

235.

Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.

236.

Penalty for carrying letters, etc., into or out of military prisons or detention barracks.

237.

Unsoundness of mind of person imprisoned or undergoing detention.

238.

Inquests on persons under sentence dying in military prisons or detention barracks.

239.

Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.

CHAPTER IX.

Rules of Procedure.

240.

Rules of procedure.

240A.

Courts-Martial Rules Committee.

240B.

Court-martial rules.

CHAPTER X.

Miscellaneous Offences by Members of the Reserve Defence Force.

241.

Penalty for member of Reserve Defence Force joining armed forces of another State.

242.

Punishment of certain offences by reservists.

243.

Non-attendance of reservist called out for training or on permanent service, etc.

244.

Record and evidence of absence of reservists called out.

245.

Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.

246.

Regulations for purposes of Chapter X of Part V.

CHAPTER XI.

Proof of certain matters of Evidence in Proceedings before Civil Courts and Courts-martial.

247.

Evidence of subjection to military law of officers of the Reserve Defence Force.

248.

Evidence of certain documents and matters.

249.

Evidence of conviction or acquittal by a civil court.

250.

Evidence of proceedings of court-martial.

CHAPTER XII.

Apprehension of Suspected Deserters and Absentees.

251.

Apprehension of suspected deserters and absentees.

PART VI.

Offences in Relation to the Defence Forces and Military Property.

252.

Recruits punishable for false answers.

253.

Punishment for pretending to be a deserter or an absentee.

254.

Incitement to disaffection, etc.

255.

Punishment for inducing, etc., members of the Defence Forces to desert.

256.

Penalty for unlawful recruiting or interfering with recruiting.

257.

Penalty for interference with military duties, etc.

258.

Penalty for personation.

259.

Statutory declaration in relation to pay, etc.

260.

Penalty for purchasing certain military property.

261.

Unlawful possession of certificates of discharge, etc.

262.

Forgery of certificate of discharge and personation.

263.

Application of Pension Books (Prohibition of Alienation) Act, 1932.

264.

Unlawful wearing of uniform.

265.

Bringing contempt on uniform.

266.

Dyeing and conversion of uniforms, etc.

267.

Unauthorised use, etc., of decorations, etc.

268.

Penalty for sketching, etc., fortifications, etc., and trespassing thereon.

PART VII.

Manœuvres and Artillery, Rifle and Bombing Practice.

269.

Power to authorise holding of military manœuvres.

270.

Powers exercisable for purposes of manœuvres.

271.

Compensation for damages caused by military manœuvres.

272.

Offences in relation to manœuvres.

273.

Exemption of members of the Defence Forces engaged in manœuvres from section 164 of the Road Traffic Act, 1933.

274.

Temporary stoppage of traffic during manœuvres or artillery, etc., practice.

PART VIII.

Bye-Laws as to Land Used for Defence Purposes.

275.

Interpretation of Part VIII.

276.

Bye-laws as to use of State land appropriated for defence purposes and for securing the public safety.

277.

Extension of power to make bye-laws in respect of non-State land where Minister has right of user for defence purposes.

278.

Extension of power to make bye-laws in respect of adjoining foreshore, sea and tidal water.

279.

Bye-laws as to roads.

280.

Notice of intention to make bye-laws.

281.

Marking of boundaries of bye-law areas.

282.

Publication of bye-laws.

283.

Penalties for contravention of bye-laws.

284.

Removal and arrest of offenders.

285.

Removal of animals, etc.

286.

Obstruction of and assaults on authorised officers.

287.

Non-application of Part VIII to the Curragh of Kildare.

PART IX.

The Army Nursing Service.

288.

The existing nursing service.

289.

Establishment of the Army Nursing Service.

290.

Application of this Act to the Army Nursing Service.

291.

Existing nursing service to be deemed Army Nursing Service.

292.

Regulations in relation to the Army Nursing Service.

PART X.

Application of this act to Defence Forces Established Under the Defence Forces (Temporary Provisions) Act, 1923.

293.

Interpretation of Part X.

294.

Existing forces to be deemed forces established under this Act.

295.

Existing regular officers and existing reserve officers to be deemed to be commissioned under this Act.

296.

Existing regulars.

297.

Existing reservists.

298.

Continuance of existing orders, etc.

299.

Continuance of existing authorisations and directions.

300.

Offences and convictions under the Act of 1923.

301.

Existing military prisons and detention barracks.

PART XI.

Amendment and Adaptation of Certain Enactments.

302.

Amendment of the Electoral Act, 1923.

303.

Application of the Army Pensions Acts, 1923 to 1949, to Reserve Defence Force.

304.

Amendment of the Ministers and Secretaries Act, 1924.

305.

Amendment of the Military Service Pensions Acts, 1924 to 1949.

306.

Amendment of the Defence Forces (Pensions) Act, 1932.

307.

Amendment of the Workmen’s Compensation Act, 1934.

308.

Amendment of section 11 of the Army Pensions Act, 1949.

309.

Adaptation of references to Defence Forces, etc., in certain enactments.

310.

Service as a major to be regarded as service as a lieutenant-colonel.

PART XII.

Miscellaneous Provisions.

311.

Recovery of moneys due or payable to the Minister.

312.

Restrictions on recruiting for other States.

313.

Entertainments under service direction.

314.

Grant of excise licence for military canteens.

315.

Right of Minister to claim salvage in respect of services of State ships.

316.

Salvage claims by commanders and crews of State ships.

317.

Foreign uniforms.

318.

Service of solicitors’ apprentices in the existing Defence Forces.

FIRST SCHEDULE.

Enactments Repealed.

SECOND SCHEDULE.

Commissioned Army and Naval Ranks in the Defence Forces.

THIRD SCHEDULE.

Non-Commissioned Army and Naval Ranks in the Defence Forces.

FOURTH SCHEDULE.

Matters in Respect of Which Regulations May Be Made Under Section 26 .

FIFTH SCHEDULE.

Forms of Commission to an Officer.

SIXTH SCHEDULE.

Form Of Oath or Declaration to Be Taken or Made By Officers of the Permanent Defence Force.

SEVENTH SCHEDULE.

Form of Oath or Declaration to Be Taken or Made By Officers of the Reserve Defence Force.

EIGHTH SCHEDULE.

Form of Oath or Declaration to Be Taken or Made By PERSONS Enlisting in the Permanent Defence Force Under Section 53 .

NINTH SCHEDULE.

Form of Oath Or Declaration to Be Taken or Made By PERSONS Enlisting in the Permanent Defence Force Under Section 54 .

TENTH SCHEDULE.

Form of Oath or Declaration to Be Taken or Made By PERSONS Enlisting in the Reserve Defence Force Under Section 55 .

ELEVENTH SCHEDULE.

Scheduled Offences for the Purposes of Part V of this Act.

TWELVE SCHEDULE.

Court-Martial Rules



Number 18 of 1954.


DEFENCE ACT 1954

REVISED

Updated to 7 April 2017


AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE DEFENCE OF THE STATE AND THE DEFENCE FORCES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH OR INCIDENTAL TO THE MATTERS AFORESAID. [13 th May, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Instruments made pursuant to certain sections of Act exempted from primary application of Statutory Instruments Act 1947 by Statutory Instruments Act 1947 (44/1947), s. 2(2A), as inserted (18.07.2015) by Statute Law Revision Act 2015 (23/2015), s. 6, commenced on enactment. The effect of this provision appears to be to exempt certain instruments from publication in the usual way as provided by the 1947 Act, s. 3.

Statutory instruments to which this Act primarily applies.

2.— ...

(2A) Statutory instruments made under any of—

(a) sections 17, 21 to 23, 25 to 27, 29, 33, 35, 36(3) as respects revocation orders, 37 to 49, 53, 55, 56, 60 to 68, 70, 72, 73, 75, 80 to 82, 84, 86 to 88, 90, 92 to 94, 97, 98, 100, 102, 103, 114 to 117, 180, 182, 184, 243, 244, 246, 290 and 292 of the Defence Act 1954, or

(b) sections 2 and 5 of the Defence (Amendment) Act 1990,

shall not be instruments to which this Act primarily applies.

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 18 of 1954

Defence Act 1954

Sections 8, 15, 28, 30, 32, 33, 35, 36, 37, 38, 83, 97, 268, 271, 278 and 283

...

...

...

C3

Term “judge-advocate” defined (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.— Every reference in the Defence Acts 1954 to 2007 or in any instrument made under those Acts to a judge-advocate shall be read as a reference to a military judge.

C4

Application of collectively cited Defence Acts 1954 to 1998 to enlisted under 18 year olds implied (1.05.2002) by Children Act 2001 (24/2001), s. 271, S.I. No. 151 of 2002.

Exclusion of members of Defence Forces.

271.—For the purposes of this Act, persons under 18 years of age who are enlisted members of the Defence Forces shall not be regarded as children in any case where they are subject to military law as governed by the Defence Acts, 1954 to 1998.

C5

Application of collectively cited Defence Acts 1954 to 1979 extended (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 20(1), commenced on enactment.

Convictions and sentences of the Court, etc.

20.—(1) Where on any appeal the Court substitutes a conviction of a different offence or substitutes a different sentence, that conviction or sentence shall, for the purposes of the Defence Acts, 1954 to 1979, and any instrument made thereunder, be deemed to be a duly confirmed finding or sentence of a court-martial.

...

C6

Application of collectively cited Defence Acts 1954 to 1979 extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 2, S.I. No. 19 of 1980.

Application of Defence Acts, 1954 to 1979, to women.

2.—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments made thereunder shall apply to women members of the Defence Forces holding commissioned or non-commissioned rank and accordingly all words in those Acts and those instruments importing a reference to persons of the male sex shall be construed as importing a reference to persons of either sex.

C7

Definition of term “active service” extended (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(1), commenced on enactment.

Amendments of the Principal Act.

4.—(1) A member of the Permanent Defence Force who is serving outside the State with an armed International United Nations Force shall, for the purposes of the Principal Act, be deemed, while so serving, to be on active service.

...

C8

Application of Act extended to prisoners of war (17.07.1956) by Prisoners of War and Enemy Aliens Act 1956 (27/1956), s. 4, commenced on enactment.

Prisoner of war to be person subject to military law.

4.—A prisoner of war shall be a person subject to military law in the same manner as a member of the Defence Forces of rank corresponding to the rank or status of such prisoner of war is so subject for the time being by virtue of the Defence Act, 1954 (No. 18 of 1954), and the provisions of that Act, and of the orders, regulations and rules thereunder, having application in relation to persons subject to military law shall have effect in relation to such prisoner of war accordingly, but without prejudice—

(a) to any exclusions or modifications which the Minister may think proper to make by regulations under this paragraph so as to enable those provisions to have effect in conformity with the circumstances (including internment) of prisoners of war, and

(b) to any regulations under section 2 or section 3 of this Act.

Editorial Notes:

E1

Form of oath to be made by a military judge before entering duties under the Act provided for (25.09.2007) by Rules of Procedure (Defence Forces) (Form of Oath of Military Judge) 2007 (S.I. No. 661 of 2007).

E2

Previous affecting provision: application of Act restricted (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 18(4), commenced on enactment; s. 18 repealed (29.12.1993) by Criminal Procedure Act 1993 (40/1993), s. 13 and sch., commenced on enactment.

E3

Previous affecting provision: functions in relation to pay and allowances and terms and conditions of civilians transferred to Department of and Minister for the Public Service (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973), arts. 3, 4(2); re-transferred to Department of and Minister for Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4, subject to transitional provisions in arts. 5-9.

PART I.

Preliminary and General.

Short title and commencement.

1

1. (1) This Act may be cited as the Defence Act, 1954.

(2) This Act shall come into operation on such day as may be fixed therefor by order of the Minister for Defence.

Annotations:

Editorial Notes:

E4

Power pursuant to section exercised (1.01.1955) by Defence Act 1954 (Commencement) Order 1954 (S.I. No. 233 of 1954).

2. The Defence Act, 1954, shall come into operation on the 1st day of January, 1955.

Interpretation generally.

2

2. (1) In this Act—

the expression “ absence without leave” means the act of a person absenting himself without leave within the meaning of section 137;

the expression “ absent himself without leave” has the same meaning as in section 137;

the word “ absentee” means a person who absents himself without leave within the meaning of section 137;

the expression “ on active service” has, in relation to a person subject to military law, the meaning assigned to it by section 5;

the expression “ the Act of 1923” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended, extended and continued by subsequent enactments;

F1 [ Act of 1947 means the Courts of Justice Act 1947 . ]

F2 [ ]

the expression “ the Army Nursing Service” means the nursing service established under section 289;

F3 [ assisting person means in relation to proceedings for an offence under Part V of this Act, subject to the consent of the member concerned, such member of the Defence Forces who is subject to military law as the person charged with the offence may choose for the purposes of providing assistance to that person as provided for in the said Part V; ]

the expression “ attestation paper” means the document referred to as an attestation paper in section 56;

the expression “ called out in aid of the civil power”, in relation to a reservist, shall be construed in accordance with subsection (2) of section 90;

the expression “ called out on permanent service”, in relation to a reservist, shall be construed in accordance with subsection (2) of section 87 or subsection (3) of section 88 (whichever of those subsections is applicable);

the expression “ certificate of discharge” means a certificate issued under section 82;

the expression “ the Chief of Staff” means the Chief of Staff of the Defence Forces;

the expression “ civil court” means any court established under Article 34 of the Constitution, and includes the courts established under the Courts of Justice Act, 1924 (No. 10 of 1924), and any Special Criminal Court established under the Offences against the State Act, 1939 (No. 13 of 1939);

the expression “ civil custody” means the custody of the Garda Síochána or other lawful civil authority authorised to retain in custody civil prisoners and includes confinement in a public prison;

the expression “ civil offence” has the meaning assigned to it by section 169;

the expression “ class of reservists” means any class of the Reserve Defence Force, being—

( a) the Reserve of Men (First Line), or

( b) the Reserve of Men (An Fórsa Cosanta Aitiúil), or

( c) the Reserve of Men (An Slua Muirí), or

( d) any class constituted under subsection (3) of section 21;

the word “ class” means, in relation to the Reserve Defence Force, a class of the Reserve Defence Force mentioned in section 21;

the expression “ commanding officer” means in any section in which it occurs an officer declared by regulations made by the Minister under this Act to be a commanding officer for the purposes of that section;

the expression “ commissioned army rank” means any rank set out in column (2) of the Second Schedule to this Act;

the expression “ commissioned naval rank” means any rank set out in column (3) of the Second Schedule to this Act;

the expression “ commissioned rank” means any rank being—

( a) a commissioned army rank, or

( b) a commissioned naval rank;

the expression “ company commander” means in any section in which it occurs an officer declared by regulations made by the Minister under this Act to be a company commander for the purposes of that section;

F3 [ court-martial , when used without qualification, means a general court-martial, a limited court-martial or a summary court-martial;

Court-Martial Administrator means the Court-Martial Administrator appointed under Chapter IVA of Part V of this Act;

court-martial rules means rules made under section 240B with respect to courts-martial; ]

references to the date of attestation of a man shall be construed as references to the date which is, by virtue of section 59, the date of his attestation;

F3 [ a day s pay means

( a ) in relation to a person who is convicted by a court-martial of an offence against military law or in respect of whom a determination is made or confirmed under Chapter IV of Part V of this Act and who is a member of the Defence Forces, the basic pay, excluding any additional pay or allowance, that is, or would be, payable to that person in respect of the day on which punishment is awarded in respect of the offence, or

( b ) in relation to a person who is convicted by a court-martial of an offence against military law or in respect of whom a determination is made or confirmed under Chapter IV of Part V of this Act and who is not a member of the Defence Forces but who was a member of the Defence Forces when the offence was committed (not being a person to whom paragraph ( c ) of this definition applies), the basic pay, excluding any additional pay or allowance, that would be payable to that person in respect of the day on which punishment is awarded in respect of the offence if he were a member of the Defence Forces on that day and his rank and service (or service in rank, if appropriate) were the same as those on the last day of his service in the Defence Forces, or

( c ) in relation to a person who is convicted by a court-martial of an offence against military law or in respect of whom a determination is made or confirmed under Chapter IV of Part V of this Act and who is not a member of the Defence Forces but who is, or was when the offence was committed, subject to military law as an officer pursuant to section 118( d ) or ( e ) or as a man pursuant to section 119( c ) or ( d ), the basic pay, excluding any additional pay or allowance, that would be payable to an officer in the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank, or to a man in the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank, as the case may be, in respect of the day on which punishment is awarded in respect of the offence; ]

the word “ decoration” means any medal, clasp, good-conduct badge or other decoration;

the expression “ the Defence Forces” means the defence forces to be raised and maintained under this Act;

F4 [ Defence Forces Headquarters shall be construed in accordance with section 13 (inserted by section 4 of the Defence (Amendment) Act, 1998);

Deputy Chief of Staff (Operations) means the Deputy Chief of Staff (Operations) of the Defence Forces;

Deputy Chief of Staff (Support) means the Deputy Chief of Staff (Support) of the Defence Forces; ]

the word “ desert” means desert the Defence Forces within the meaning of section 135;

the word “ deserter” means a person who deserts;

the word “ desertion” means the act of deserting the Defence Forces within the meaning of section 135;

the expression “ detention barrack” means a building or part of a building declared under section 232 to be a detention barrack;

F3 [ Director means the Director of Military Prosecutions appointed under Chapter IVB of Part V of this Act;

document includes

( a ) a map, plan, graph, drawing, photograph or record, or

( b ) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form; ]

the expression “ employed on a State ship” has, in relation to a member of the Defence Forces, the meaning assigned to it by section 6;

the word “ enemy” includes armed mutineers, armed rebels, armed rioters and pirates;

F5 [ the expression flag officer means an officer holding the commissioned naval rank of commodore or higher commissioned naval rank; ]

the expression “ fraudulent enlistment” means the act of fraudulently enlisting within the meaning of section 164;

F6 [ the expression general officer means an officer holding the commissioned army rank of brigadier-general or higher commissioned army rank; ]

F3 [ intoxicant includes any alcohol, drug, solvent or any other substance or combination of substances; ]

the word “ man” means a person who is for the time being a member of the Defence Forces, but does not include an officer;

F7 [ ]

F3 [ F8 [ military judge

( a ) means a military judge appointed under Chapter IVC of Part V of this Act, and

( b ) in relation to the performance of the functions of a military judge under this Act or any statutory instrument made under it, where a temporary designation of a Circuit Judge to carry out such functions of a military judge has been made under section 11A of the Act of 1947, references to the performance of such functions shall be construed in accordance with section 184LA(3). ] ]

the expression “ military office” means any office in the Defence Forces;

the expression “ military prison” means a building or part of a building declared under section 232 to be a military prison;

the expression “ military prisoner” means a person under sentence of imprisonment passed by a court-martial;

the expression “ the Minister” means the Minister for Defence;

the expression “ non-commissioned army rank” means any rank set out in column (2) of the Third Schedule to this Act;

the expression “ non-commissioned naval rank” means any rank set out in column (3) of the Third Schedule to this Act;

the expression “ non-commissioned officer” means a man holding—

( a) any non-commissioned army rank, other than that of private, or

( b) any non-commissioned naval rank, other than that of seaman;

the expression “ offence against military law” means any offence mentioned in any section contained in Chapter II of Part V of this Act;

the word “ officer”, when used without qualification, means a person who—

( a) holds a commissioned rank in, and is for the time being an officer of, the Permanent Defence Force, or

( b) holds a commissioned rank in, and is for the time being an officer of, the Reserve Defence Force;

the expression “ the operative date” means the day on which this Act comes into operation;

F9 [ ]

the expression “ period of emergency” has the meaning assigned to it by section 4;

the expression “ the Permanent Defence Force” means the constituent part of the Defence Forces which is to be called and known by that name;

references to a person subject to military law shall be construed as references to a person who is, by virtue of section 118 or 119, subject to military law;

the word “ prescribed” means,—

( a) where it occurs in Part V F10 [ (other than Chapters IV and X or in the case of any matter or thing referred to in Part V as prescribed by court-martial rules) ] of this Act, prescribed by rules of procedure,

( b) where it occurs elsewhere, prescribed by regulations made under this Act;

the expression “ proclamation authorising the calling out of reservists on permanent service” means a proclamation made under paragraph ( a) of subsection (1) of section 87;

the word “ property” includes money;

the expression “ public prison” means any prison or place in which a person convicted and sentenced to imprisonment by a civil court may be lawfully confined;

F2 [ ]

the expression “ recruiting regulations” means regulations made under section 56;

the expression “ registered place of abode” means, in relation to a reservist, the address registered by him, in accordance with regulations made by the Minister under this Act, as his registered place of abode;

the expression “ the Reserve Defence Force” means the constituent part of the Defence Forces which is to be called and known by that name;

the word “ reservist”, when used without qualification, means a man of the Reserve Defence Force;

the expression “ right over land” means any easement, profit á prendre or other right over or in respect of land;

the expression “ rules of procedure” means rules made under section 240;

F3 [ scheduled offence , for the purposes of Part V of this Act, shall have the meaning assigned to it by section 176A; ]

the expression “ secret society” means an association, society or other body the members of which are required by the regulations thereof to take or enter into, or do in fact take or enter into, an oath, affirmation, declaration or agreement not to disclose the proceedings or some part of the proceedings of the association, society or body;

the word “ service”, when qualifying aircraft, aircraft material, equipment, vehicles, animals, messes, institutes, canteens, necessaries, clothing, books or property F11 [ or any other matter ], means belonging to or connected with the Defence Forces or any unit or part of a unit thereof;

the expression “ service corps” means any military body or combination of military bodies declared to be a service corps by regulations made under section 23 and for the time being in force;

the expression “ service custody” means the holding under arrest or in confinement of a person by the Defence Forces and includes confinement in a military prison or a detention barrack;

the expression “ State ship” means a ship or vessel belonging to, or employed in the service of, the State and used for defence purposes;

F12 [ ]

F13 [ superior officer includes

( a ) when used in relation to a member of the Permanent Defence Force, an officer or non-commissioned officer of the Permanent Defence Force of equal or higher rank who is authorised, in relation to that member, by or under this Act or by custom of the service, to exercise authority over that member,

( b ) when used in relation to a member of the Reserve Defence Force, an officer or non-commissioned officer of the Permanent Defence Force or of the Reserve Defence Force, of equal or higher rank, who is authorised, in relation to that member, by or under this Act or by custom of the service, to exercise authority over that member; ]

the expression “ the term of his original enlistment”—

( a) in relation to a man of the Permanent Defence Force who is enlisted under section 53, has, subject to paragraph ( d) of subsection (1) of section 63, the meaning assigned to it by section 53,

( b) in relation to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70, has, subject to paragraph ( c) of subsection (2) of section 63, the meaning assigned to it by section 53,

( c) in relation to a reservist who is enlisted under section 55, has, subject to subsection (3) of section 66, the meaning assigned to it by section 55.

(2) In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended.

(3) In this Act, references to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

F14 [ (4) In this Act, a reference to stealing shall be construed as a reference to theft within the meaning of section 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001 . ]

Annotations:

Amendments:

F1

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 2(a), S.I. No. 568 of 2011.

F2

Deleted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 2 (b), S.I. No. 366 of 1998.

F3

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 6(a), commenced on enactment as per s. 1(3).

F4

Inserted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 2(a), S.I. No. 366 of 1998.

F5

Substituted (20.02.1979) by Defence (Amendment) Act 1979 (1/1979), s. 2, commenced on enactment.

F6

Substituted (20.02.1979) by Defence (Amendment) Act 1979 (1/1979), s. 2, commenced on enactment.

F7

Deleted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 1(a), commenced as per s. 1.

F8

Substituted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 2(b), S.I. No. 568 of 2011.

F9

Deleted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 1(b), commenced as per s. 1.

F10

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 6(b), commenced on enactment as per s. 1(3).

F11

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 6(c), commenced on enactment as per s. 1(3).

F12

Deleted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 6(d), commenced on enactment as per s. 1(3).

F13

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 6(e), commenced on enactment as per s. 1(3).

F14

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 6(f), commenced on enactment as per s. 1(3).

Modifications (not altering text):

C9

Term “judge-advocate” defined (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.— Every reference in the Defence Acts 1954 to 2007 or in any instrument made under those Acts to a judge-advocate shall be read as a reference to a military judge.

Application of Act to persons subject to military law.

3

3.The application of this Act to a person subject to military law shall not be affected by reason of the fact that such person is for the time being outside the State or on board a ship or aircraft.

Period of emergency.

4

4. (1) The Government may, whenever they consider the circumstances are of such a nature as to warrant their so doing, by order under this subsection declare that a state of emergency exists.

(2) The Government may by order under this subsection revoke any order made under subsection (1) of this section.

(3) Whenever an order is made by the Government under subsection (1) of this section declaring that a state of emergency exists, then, so long as such order remains in force, a period of emergency shall be deemed for the purpose of this Act to exist, and the expression “ period of emergency” shall in this Act be construed accordingly.

(4) Every order made under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas and be published in the Iris Oifigiúil.

(5) If, at the time an order is made under this section, either House of the Oireachtas stands adjourned, that House shall be summoned to meet as soon as conveniently may be but in any event not later than twenty-one days after the order is made.

Annotations:

Modifications (not altering text):

C10

Application of subs. (1) extended (16.05.1991) by Defence (Amendment) Act 1990 (6/1990), s. 3, S.I. No. 119 of 1991.

Suspension in certain circumstances of associations.

3.—(1) Whenever an order under section 4 (1) of the Principal Act comes into operation, any association shall thereupon become and be suspended and an association shall not be established under section 2 (1) of this Act while the order is in force.

(2) If, following the coming into operation of such an order as aforesaid, an association is suspended, then, as soon as may be after the revocation of that order, the Minister shall revoke the suspension.

Active service.

5

5. (1) A person subject to military law shall, for the purposes of this Act, be on active service—

( a) during any period during which an order made under subsection (2) of this section is in force, or

( b) whenever he is attached to or forms part of a force which is engaged in operations against an enemy, or

( c) whenever he is engaged in military operations in a place wholly or mainly occupied by an enemy,

and the expression “ on active service” when used in this Act in relation to a person subject to military law shall be construed accordingly.

(2) The Government, during a period of emergency, may, whenever they consider the circumstances are of such a nature as to warrant their so doing, by order under this subsection declare the Defence Forces to be on active service.

(3) An order under subsection (2) of this section shall, if not previously revoked under subsection (4) of this section, cease to be in force on the expiration of the period of emergency current at the time the order was made.

(4) The Government may by order under this subsection revoke any order made under subsection (2) of this section.

Annotations:

Modifications (not altering text):

C11

Certain employment under Act exempted from application of Protection of Young Persons (Employment) Act 1996 (2.01.1997) by Protection of Young Persons (Employment) Act 1996 (16/1996), s. 6(5)(a), S.I. No. 371 of 1996.

Employment of young persons.

6.— ...

(5) The limitations on hours of work and on night work specified in subsection (1) (a) and (b), and the minimum periods of rest specified in subsection (1) (c) and (d) shall not apply to young persons who are members of the Defence Forces when they are—

(a) on active service within the meaning of section 5 of the Defence Act, 1954, or deemed to be on active service, within the meaning of section 4 (1) of the Defence (Amendment) (No. 2) Act, 1960;

...

C12

Definition of term “active service” extended (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(1), commenced on enactment.

Amendments of the Principal Act.

4.—(1) A member of the Permanent Defence Force who is serving outside the State with an armed International United Nations Force shall, for the purposes of the Principal Act, be deemed, while so serving, to be on active service.

Employment on State ships.

6

6.Whenever an officer or man is borne on the roll of, or is being trained or exercised on, any State ship, he shall, for the purposes of this Act, be deemed to be employed on such State ship, and the expression “ employed on a State ship” and cognate expressions shall be construed accordingly.

Prosecution of certain offences by the Minister.

7

7.An offence which under this Act is punishable on summary conviction by the District Court may be prosecuted by the Minister as prosecutor.

Provisions in relation to regulations.

8

8. (1) Any regulations made under this Act which involve a direct or indirect charge on or a payment into public funds shall be made with the consent of the Minister for Finance.

(2) In making regulations under this Act, the Minister may make different regulations in relation to the Permanent Defence Force, the Reserve Defence Force and different classes of the Reserve Defence Force.

Repeals.

9

9.The enactments mentioned in column (2) of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of the said Schedule.

Expenses.

10

10.The expenses incurred by a Minister of State in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II.

The Council of Defence, the Chief of Staff, the Adjutant-General, the Quartermaster-General, Military Branches of the Department of Defence, the Inspector-General and the Judge Advocate-General.

The Council of Defence.

11

11. (1) There shall stand established a body to be called the Council of Defence (in this section referred to as the Council) to aid and counsel the Minister on all matters in relation to the business of the Department of Defence on which the Minister may consult the Council.

(2) The Council shall consist of two civil members, namely, the F15 [ Minister of State at the Department of Defence ] and the Secretary of the Department of Defence, and three military members, namely, the Chief of Staff, the Adjutant-General and the Quartermaster-General.

(3) The Secretary of the Department of Defence shall be secretary of the Council.

(4) The Council shall meet whenever summoned by the Minister.

Annotations:

Amendments:

F15

Substituted (1.01.1978) by Ministers and Secretaries (Amendment) (No. 2) Act 1977 (28/1977), s. 5, S.I. No. 378 of 1977.

Modifications (not altering text):

C13

Terms “Adjutant-General” and “Quartermaster-General” construed (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 10(3), S.I. No. 366 of 1998.

Adaptations.

10.— ...

(3) (a) References in sections 11 and 40 of the Principal Act to the Adjutant-General shall be construed as references to the Deputy Chief of Staff (Operations).

(b) References in the said sections 11 and 40 to the Quartermaster-General shall be construed as references to the Deputy Chief of Staff (Support).

The Chief of Staff, the Adjutant-General and the Quartermaster-General.

12

12. (1) There shall be—

( a) a Chief of Staff of the Defence Forces,

F16 [ ( b ) a Deputy Chief of Staff (Operations) of the Defence Forces, and

( c ) a Deputy Chief of Staff (Support) of the Defence Forces. ]

F17 [ (2) ( a ) An appointment to the office of Chief of Staff shall be made by the President.

( b ) Every person appointed to the office of Chief of Staff shall be an officer of the Permanent Defence Force.

( c ) Every holder of the office of Chief of Staff shall hold that office for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for re-appointment on the expiration of that term.

( d ) Where the holder of the office of Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to hold the office of Chief of Staff.

( e ) The President may, for stated reasons, remove the Chief of Staff from office. ]

F18 [ (3) ( a ) In this subsection, the Deputy Chief of Staff means, as the context may require, the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support).

( b ) The Government shall appoint the Deputy Chief of Staff and may, for stated reasons, terminate his or her appointment as Deputy Chief of Staff.

( c ) A person appointed to be the Deputy Chief of Staff shall be an officer of the Permanent Defence Force.

( d ) Subject to this subsection, a person shall be appointed to be the Deputy Chief of Staff for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for reappointment on the expiration of that term.

( e ) Where a person appointed to be the Deputy Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to be the Deputy Chief of Staff. ]

Annotations:

Amendments:

F16

Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 3(a), S.I. No. 366 of 1998.

F17

Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 3(b), S.I. No. 366 of 1998.

F18

Inserted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 3(c), S.I. No. 366 of 1998.

Military branches of the Department of Defence.

13

F19 [ 13. (1) There shall stand established in the Department of Defence a military element (which shall be known, and is referred to in this Act, as Defence Forces Headquarters ), the head of which shall be the Chief of Staff.

(2) Subject to the Defence Acts, 1954 to 1998, there shall be assigned to the Chief of Staff such duties in connection with the business of the Department of Defence as the Minister may from time to time determine.

(3) The Chief of Staff shall be directly responsible to the Minister for the performance of such duties as may from time to time be assigned to him or her under subsection (2).

(4) The Chief of Staff may, subject to the approval of the Minister, delegate such duties assigned to him or her under subsection (2) as he or she considers appropriate to the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support). ]

Annotations:

Amendments:

F19

Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 4, S.I. No. 366 of 1998.

The Inspector-General.

14

14. (1) The Government may, whenever they think fit, by order under this subsection declare that there shall be an Inspector-General of the Defence Forces, and whenever any such order is made and is in force there shall be an Inspector-General of the Defence Forces.

(2) The Government may by order under this subsection revoke any order made under subsection (1) of this section.

(3) The Inspector-General of the Defence Forces shall be an officer of the Permanent Defence Force and shall be appointed by, and hold office during the pleasure of, the President.

(4) The Inspector-General of the Defence Forces shall be charged with the performance of such duties as the Government may from time to time assign to him.

The Judge Advocate-General.

15

15. (1) There shall be a Judge Advocate-General.

(2) The Judge Advocate-General shall be a practising barrister-at-law of at least ten years’ standing, but shall not be a member of the Defence Forces, and shall be appointed by, and hold office during the pleasure of, the President.

(3) The Judge Advocate-General shall be charged with the performance of such duties as the Government may from time to time assign to him.

(4) There shall be paid to the Judge Advocate-General such remuneration as the Minister, with the consent of the Minister for Finance, may fix.

PART III.

Raising, Maintenance, Command, Constitution and Organisation of the Defence Forces, Military Education and Miscellaneous Matters relating to the Defence Forces.

Chapter I.

Raising, Maintenance and Command of the Defence Forces.

Authority to raise and maintain the Defence Forces.

16

16.It shall be lawful for the Government to raise, train, equip, arm, pay and maintain defence forces to be called and known as Óglaigh na hÉireann or (in English) the Defence Forces.

Military command.

17

17. (1) Under the direction of the President, and subject to the provisions of this Act, the military command of, and all executive and administrative powers in relation to, the Defence Forces, including the power to delegate command and authority, shall be exercisable by the Government and, subject to such exceptions and limitations as the Government may from time to time determine, through and by the Minister.

(2) ( a) The delegation of command and authority by the Minister—

(i) may be made subject to such exceptions and limitations as he may from time to time determine,

(ii) may be in relation to any area, place or State ship or any military body organised under section 22 and may embrace different components of the Defence Forces,

(iii) may, during a period of emergency, be in relation to the whole of the Defence Forces.

( b) For the purposes of subparagraph (ii) of paragraph ( a) of this subsection and for administrative purposes, the Minister may divide the State into such and so many areas as he thinks fit.

(3) The Minister may make regulations, applying to officers, as to the persons to be invested, as officers, with military command over the Defence Forces or any part thereof or any person belonging thereto and as to the mode in which such command is to be exercised.

Chapter II.

Constitution of the Defence Forces and General Organisation thereof.

Constitution of the Defence Forces.

18

18.The Defence Forces shall consist of—

( a) a defence force to be called and known as na Buan--Óglaigh or (in English) the Permanent Defence Force, comprising army, naval and air components, and

( b) a defence force to be called and known as na hÓglaigh Cúltaca or (in English) the Reserve Defence Force, comprising army, naval and air components.

Constitution of the Permanent Defence Force.

19

19.The Permanent Defence Force shall consist of—

( a) persons who are appointed thereto as officers and are for the time being officers of the Permanent Defence Force,

( b) persons who are enlisted therein as men under section 53 or 54 and are for the time being men of the Permanent Defence Force,

( c) persons who, having enlisted therein as men under section 53 and having been transferred to the Reserve Defence Force under section 70, re-enter the Permanent Defence Force under subsection (3) of section 63 and are for the time being men of the Permanent Defence Force, and

( d) persons who are for the time being members of the Army Nursing Service.

Constitution of the Reserve Defence Force.

20

20.The Reserve Defence Force shall consist of—

( a) persons who are appointed thereto as officers and are for the time being officers of the Reserve Defence Force,

( b) persons who are transferred thereto as men from the Permanent Defence Force under section 70 and are for the time being reservists, and

( c) persons who are directly enlisted therein as men under section 55 and are for the time being reservists.

Classes of the Reserve Defence Force.

21

21. (1) The Reserve Defence Force shall be divided into the following classes—

( a) a class to be called the Reserve of Officers (First Line) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

( b) a class to be called the Reserve of Officers (An Fórsa Cosanta Aitiúil) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

( c) a class to be called the Reserve of Officers (An Slua Muirí) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

( d) a class to be called the Reserve of Men (First Line) which shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who, having enlisted under section 53, are transferred to the Reserve Defence Force in pursuance of section 70 and are for the time being reservists,

(ii) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(iii) such reservists as may from time to time stand assigned to that class under section 62,

( e) a class to be called the Reserve of Men (An Fórsa Cosanta Aitiúil) which shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii) such reservists as may from time to time stand assigned to that class under section 62,

( f) a class to be called the Reserve of Men (An Slua Muirí) which shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii) such reservists as may from time to time stand assigned to that class under section 62,

( g) such other classes as may be constituted by the Minister under subsection (2) or (3) of this section.

(2) ( a) The Minister may by regulations constitute such and so many classes of officers of the Reserve Defence Force as he thinks fit and assign to any class so constituted such title as he thinks fit.

( b) A class of the Reserve Defence Force constituted under this subsection shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44.

(3) ( a) The Minister may by regulations constitute such and so many classes of reservists as he thinks fit and assign to any class so constituted such title as he thinks fit.

( b) A class of the Reserve Defence Force constituted under this subsection shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii) such reservists as may from time to time stand assigned to that class under section 62.

(4) If at any time there are no members of the Reserve Defence Force for the time being assigned to a particular class of the Reserve Defence Force, the Minister may by regulations abolish that class.

(5) The Minister may from time to time by regulations substitute for the existing title of a particular class of the Reserve Defence Force such other title as he thinks fit and specifies in the regulations.

Organisation of the Defence Forces.

22

22. (1) The Defence Forces shall be organised into such staffs, units and other elements as may be prescribed.

(2) The numerical establishment F20 [ of the Defence Forces and the number in each rank thereof ] shall be such as may be prescribed.

Annotations:

Amendments:

F20

Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 5, S.I. No. 366 of 1998.

Service corps.

23

23.The Minister may by regulations declare that any military body (being a staff, unit or other element organised under section 22) or any combination of such military bodies shall be a service corps for the purposes of this Act and assign to that service corps such title as he thinks fit.

Commissioned ranks in the Defence Forces.

24

24.— (1) ( a) The several ranks set out in column (2) of the Second Schedule to this Act shall be the commissioned army ranks in the Defence Forces.

( b) Any commissioned army rank set out in column (2) of the Second Schedule to this Act before any other commissioned army rank shall be higher than that other commissioned army rank.

(2) ( a) The several ranks set out in column (3) of the Second Schedule, to this Act shall be the commissioned naval ranks in the Defence Forces.

( b) Any commissioned naval rank set out in column (3) of the Second Schedule to this Act before any other commissioned naval rank shall be higher than that other commissioned naval rank.

F21 [ (3) For the purposes of this Act

(a) the commissioned army rank set out in column (2) of the Second Schedule to this Act at any reference number (being reference number 2, 3, 4, 5, 6, 7, 8 or 9) shall be deemed to correspond to the commissioned naval rank set out in column (3) of the said Second Schedule at that reference number;

(b) the commissioned army rank set out in column (2) of the said Second Schedule at reference number 10 shall be deemed to correspond to each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 10;

(c) the commissioned naval rank set out in column (3) of the said Second Schedule at any reference number (being reference number 2, 3, 4, 5, 6, 7, 8 or 9) shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at that reference number;

(d) each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 10 shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at reference number 10. ]

(4) Subject to subsection (5), the Minister may—

( a) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph ( c) of this subsection) a particular commissioned army rank (not being that of second-lieutenant) shall, in lieu of that commissioned army rank, hold the corresponding commissioned naval rank,

( b) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph ( d) of this subsection) the commissioned army rank of second-lieutenant shall, in lieu of that commissioned army rank, hold such one of the following commissioned naval ranks, namely, ensign and midshipman, as may be specified in the direction,

( c) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph ( a) of this subsection) a particular commissioned naval rank (not being that of ensign or midshipman) shall, in lieu of that commissioned naval rank, hold the corresponding commissioned army rank,

( d) direct that an officer who holds (whether by virtue of his appointment thereto or a direction under paragraph ( b) of this subsection) the commissioned naval rank of ensign or midshipman shall, in lieu of that commissioned naval rank, hold the commissioned army rank of second-lieutenant,

and any such direction shall have effect according to the tenor thereof.

(5) A direction shall not be given in respect of an officer under subsection (4) of this section except with his consent.

Annotations:

Amendments:

F21

Substituted (22.07.2015) by Defence (Amendment) Act 2015 (24/2015), s. 2, commenced on enactment.

Editorial Notes:

E5

Previous affecting provision: subs. (3) substituted (20.02.1979) by Defence (Amendment) Act 1979 (1/1979), s. 3, commenced on enactment; substituted as per F-note above.

Non-commissioned ranks in the Defence Forces.

25

25. (1) ( a) The several ranks set out in column (2) of the Third Schedule to this Act shall be the non-commissioned army ranks in the Defence Forces.

( b) Any non-commissioned army rank set out in column (2) of the Third Schedule to this Act before any other non-commissioned army rank shall be higher than that other non-commissioned army rank.

(2) ( a) The several ranks set out in column (3) of the Third Schedule to this Act shall be the non-commissioned naval ranks in the Defence Forces.

( b) Any non-commissioned naval rank set out in column (3) of the Third Schedule to this Act before any other non-commissioned naval rank shall be higher than that other non-commissioned naval rank.

(3) The Minister may by regulations declare that, in relation to any particular service corps, the holder of non-commissioned army rank therein shall, in lieu of holding a rank specified in column (2) of the Third Schedule to this Act, hold such other equivalent rank as may be specified in such regulations and, in that case, references in any Saorstát Éireann statute or in any Act of the Oireachtas (whether passed before or after this Act), or in any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), to a rank specified in the said column (2) shall as respects that service corps be construed as references to the equivalent rank specified in such regulations.

(4) The Minister may by regulations divide any non-commissioned army rank or non-commissioned naval rank into such and so many grades as he thinks fit and assign to each of those grades such distinctive description as he thinks fit.

(5) The Minister may by regulations divide any non-commissioned naval rank into such and so many ratings as he thinks fit and assign to each of those ratings such distinctive description as he thinks fit.

(6) For the purposes of this Act—

( a) the non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall be deemed to correspond to the non-commissioned naval rank set out in column (3) of the said Third Schedule at that reference number;

( b) the non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall be deemed to correspond to the non-commissioned army rank set out in column (2) of the said Third Schedule at that reference number.

(7) Subject to subsection (8), the Minister may—

( a) direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph ( b) of this subsection) a particular non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall, in lieu of that non-commissioned army rank, hold the corresponding non-commissioned naval rank,

( b) direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph ( a) of this subsection) a particular non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall, in lieu of that non-commissioned naval rank, hold the corresponding non-commissioned army rank,

and any such direction shall have effect according to the tenor thereof.

(8) A direction shall not be given in respect of a man under subsection (7) of this section except with his consent.

General regulations in relation to the Defence Forces.

26

26. F22 [ (1) ] The Minister may make regulations, not inconsistent with this Act, in relation to all or any of the matters mentioned in the Fourth Schedule to this Act.

F23 [ (2) Regulations under this section may

( a ) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving full effect to this Act,

( b ) apply either generally or by reference to a specified category or categories of persons. ]

Annotations:

Amendments:

F22

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 7(a), commenced on enactment as per s. 1(3).

F23

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 7(b), commenced on enactment as per s. 1(3).

Chapter III.

Military Education.

Establishment of educational institutions.

27

27. (1) The Minister may establish a Military College and so many other institutions as he thinks necessary for the training and instruction of members of the Defence Forces.

(2) The Minister may make regulations in relation to all or any of the following matters—

( a) the staff of institutions established under this section,

( b) the persons to be admitted to such institutions,

( c) the curricula of such institutions,

( d) the duration and description of the courses of instruction and training in such institutions,

( e) the examinations to be held in such institutions,

( f) the management, control and good government of such institutions.

Other educational arrangements.

28

28. (1) The Minister may, with the consent of the Minister for Finance, arrange for the instruction of members of the Defence Forces—

( a) outside the State, or

( b) at institutions other than those established under section 27.

(2) All members of the Defence Forces shall be instructed in giving and receiving in the Irish language such commands and directions as are necessitated by the routine duties of their ranks and appointments.

Cadetships.

29

29.The Minister may make regulations in relation to cadetships.

Chapter IV.

Miscellaneous Provisions in relation to the Defence Forces.

Special powers in relation to defence.

30

30. (1) The Minister may do all or any of the following things—

( a) construct and maintain barracks, quarters, defence works, magazines, aerodromes, ranges, harbours, piers, dock-yards, dry docks and anchorages;

( b) construct, acquire, equip, maintain and commission public armed vessels and auxiliaries thereto;

( c) construct, acquire, equip, maintain and man vessels (other than public armed vessels and auxiliaries thereto) required for defence purposes;

( d) place and maintain buoys and lights;

( e) lay mines;

( f) establish, work and maintain and contract for the establishment, working and maintenance of arms and ammunition factories and factories for the manufacture of other service equipment and stores;

( g) employ (including employ by way of apprenticeship) civilians with the Defence Forces or in a factory established under this section;

( h) subject to the provisions of this Act, all such other things as seem to him necessary for the efficient military defence of the State.

(2) Where the exercise of any of the powers conferred by subsection (1) of this section involves a charge on public funds, such powers shall be exercised only with the concurrence of the Minister for Finance.

Annotations:

Modifications (not altering text):

C14

Employment of civilians under Act exempted from application of Public Service Management (Recruitment and Appointments) Act 2004 (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 7(2)(g), commenced on enactment.

Excluded positions generally.

7.— ...

(2) Subject to subsection (4), unless an order is made under section 6, either generally or in respect of any position or class of position, this Act does not apply to a position where the appointment concerned— ...

(g) is by way of employment of civilians by the Minister for Defence under section 30 of the Defence Act 1954,

...

C15

Grounds for dismissal of civilians employed under section extended (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 6(5), S.I. No. 138 of 1977.

Unfair dismissal.

6.— ...

(5) ( a) Without prejudice to the generality of subsection (1) of this section, the dismissal by the Minister for Defence of a civilian employed with the Defence Forces under section 30 (1) (g) of the Defence Act, 1954, shall be deemed for the purposes of this Act not to be an unfair dismissal if it is shown that the dismissal was for the purpose of safeguarding national security.

( b) A certificate purporting to be signed by the Minister for Defence and stating that a dismissal by the Minister for Defence of a civilian named in the certificate from employment with the Defence Forces under section 30 (1) (g) of the Defence Act, 1954, was for the purpose of safeguarding national security shall be evidence, for the purposes of this Act, of the facts stated in the certificate without further proof.

...

C16

Civilians employed under section excluded (18.02.1957) from application of Civil Service Regulation Act 1956 (46/1956), s. 20(2)(d), S.I. No. 18 of 1957.

Operation of the Act.

20.— ...

(2) This Act applies to— ...

but does not apply to— ...

( d) a civilian employed by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).

...

C17

Civilians employed under section excluded (18.02.1957) from application of Civil Service Commissioners Act 1956 (45/1956), s. 6(2)(h), S.I. No. 17 of 1957.

Operation of the Act.

6.— ...

(2) This Act— ...

( h) does not apply to the employment of civilians by the Minister for Defence under section 30 of the Defence Act, 1954 (No. 18 of 1954).

...

Right of entry on land.

31

31. (1) Any person (in this section referred to as an authorised person) authorised by the Minister in that behalf may, at any reasonable time and upon giving forty-eight hours’ previous notice in writing to the occupier thereof, enter on any land for the purpose of making thereon any inquiry, investigation or examination preliminary or incidental to the doing of anything which the Minister is authorised by this Part to do.

(2) If any person obstructs an authorised person in the exercise of the powers conferred on an authorised person by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F24 [ 200 ] pounds.

Annotations:

Amendments:

F24

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 1, commenced on enactment.

Acquisition of land, etc., by agreement.

32

32.The Minister, with the consent of the Minister for Finance, may for the purposes of this Act, by agreement, take a lease of, or take a licence to use, or acquire, any land or any right over land.

Compulsory acquisition of land or rights over land.

33

33. (1) If and whenever the Minister thinks proper to acquire compulsorily any land or right over land for the purposes of this Act, he may, with the consent of the Minister for Finance, by order declare his intention to so acquire such land or right over land, and every such order shall operate to confer on the Minister power to acquire compulsorily the land or the right over land mentioned therein under and in accordance with this section.

(2) Compensation shall be paid by the Minister for land compulsorily acquired by the Minister under this section to the several persons having estates or interests therein and for any right over land compulsorily acquired by the Minister under this section to the owner thereof, and such compensation shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and for this purpose the Minister shall be deemed to be a public authority within the meaning of the said Act.

(3) ( a) At any time after the Minister becomes entitled under subsection (1) of this section to acquire compulsorily any land or right over land and before conveyance or ascertainment of compensation, the Minister may, subject to the subsequent provisions of this subsection, enter on and take possession of that land or terminate that right.

( b) Where the Minister exercises any power conferred on him by paragraph ( a) of this subsection, then—

(i) subject to subparagraph (ii) of this paragraph, the Minister shall pay to the person, who is the occupier of the land entered on or the owner of the right over land terminated, interest on the amount of the compensation payable to such person at the rate of three per cent. per annum from the date on which such power was exercised until payment of such compensation,

(ii) if—

(I) the Minister has made an unconditional offer in writing of any sum as such compensation to such person, and

(II) the offer is not accepted by such person, and

(III) the sum awarded as compensation by the official arbitrator to such person does not exceed the sum so offered,

no interest shall be payable on such compensation in respect of any period after the date of the offer.

( c) The Minister shall not—

(i) enter on or take possession of any land under paragraph ( a) of this subsection without giving to the occupier thereof at least one months’s or, in case of an occupied dwellinghouse, three months’ previous notice in writing of his intention to do so, or

(ii) terminate any right over land under paragraph ( a) of this subsection without giving the owner thereof at least one month’s notice of his intention to do so.

( d) A notice under paragraph ( c) of this subsection may be given to any person by sending it by post in an envelope addressed to that person at his usual or last known address.

( e) Where, for any reason, the envelope mentioned in paragraph ( d) of this subsection cannot be addressed in the manner provided by that paragraph, it may be addressed to the person for whom it is intended in either or both of the following ways—

(i) by the description “ the occupier” or “ the owner” (as the case may be) without stating his name,

(ii) at the land or the situation of the property to which the notice contained in the envelope relates.

User of land by the Minister.

34

34. (1) The Minister may use any land vested in or occupied by him for such purposes connected with his powers and duties under this Act and in such manner as he thinks proper.

(2) Where any land vested in or occupied by the Minister abuts on any foreshore, sea or tidal water, the rights conferred by subsection (1) of this section shall include the right to carry on artillery, rifle, bombing or other army, naval or air practices on or over such foreshore, sea or tidal water.

Annotations:

Modifications (not altering text):

C18

Application of section restricted (11.08.1961) by Curragh of Kildare Act 1961 (35/1961), ss. 4, 5(2), commenced on enactment.

Use of Blue Lands by Minister.

4.—The Minister may use the Blue Lands for the purposes and in the manner specified in section 34 of the Defence Act, 1954, subject to the limitation that he shall not erect, or authorise or procure the erection of, permanent buildings thereon.

Use of Green lands by Minister.

5.—...

(2) Section 34 of the Defence Act, 1954, shall not apply in relation to the Green Lands.

Right of Minister to erect and maintain certain apparatus on land in vicinity of service aerodromes.

35

35. (1) F25 [ ( a ) The Minister may cause to be erected, placed and attached upon, in or to any land or building in the vicinity of any other land (including an aerodrome) vested in or occupied by him, and may thereafter maintain and use, such apparatus (including electric lines) as he considers necessary for the purpose of indicating any position or any obstruction or of signalling or supplying information to persons navigating aircraft in such vicinity. ]

( b) Before erecting, placing or attaching any apparatus upon, in or to any land or building in pursuance of this subsection, the Minister shall give one month’s previous notice to the owner and occupier thereof indicating his proposal.

( c) If any person wilfully obstructs or destroys, tampers with, pulls down, or defaces any apparatus erected, placed or attached upon, in or to any land or building in pursuance of this subsection, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F26 [ 1,000 ] pounds.

(2) ( a) For the purposes of exercising the powers conferred by subsection (1) of this section any authorised person and any persons acting under his direction may enter upon and pass over (with or without vehicles) any land.

( b) If any person (in this paragraph referred to as the offender) obstructs an authorised person or any person acting under his direction in the exercise of the powers conferred by this subsection, the offender shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F27 [ 1,000 ] pounds.

( c) In this subsection the expression “ authorised person” means any person belonging to a class authorised in writing by the Minister to exercise the powers conferred by this subsection on authorised persons.

(3) If any person having an estate or interest in land proves that his estate or interest is injuriously affected by the exercise of the powers conferred by subsection (1) of this section, he shall be entitled to recover from the Minister compensation for the injury to that estate or interest, and any question whether compensation is payable under this section or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

Annotations:

Amendments:

F25

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 9, commenced on enactment.

F26

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 2, commenced on enactment.

F27

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 3, commenced on enactment.

Restrictions on use of land in vicinity of service aerodromes.

36

36. (1) Whenever the Minister is of opinion that the unrestricted use of a particular area of land in the vicinity of an aerodrome vested in or occupied by him would interfere with the navigation of aircraft flying to or from that aerodrome, he may by order (in this section referred to as a protected area order) do the following things—

( a) declare that particular area of land shall be a protected area for the purposes of the order,

( b) declare that, within the protected area, it shall not be lawful for any person, save under and in accordance with a permit granted by the Minister, to erect or add to any building or to erect or place any post, pole or other thing so that any part of the building, post, pole or thing (in this section referred to as an obstruction) will be at a greater height than that fixed by the order.

(2) The following provisions shall apply in respect of every protected area order—

( a) the Minister shall cause the order to be published in the Iris Oifigiúil and in such newspapers circulating in the area to which the order relates as the Minister thinks proper,

( b) the order may divide the area to which it relates into such and so many sub-areas as the Minister thinks fit and, in that case, may contain different provisions in relation to each of those sub-areas,

( c) the order may exempt from its operation any specified obstructions or class of obstructions,

( d) there shall be attached to the order a map showing the area to which the order relates and, where that area is divided into sub-areas, each of those sub-areas,

( e) the map attached to the order may be omitted from the order in any publication thereof in pursuance of paragraph ( a) of this subsection, but copies of the order with the map attached thereto shall be deposited in the office of the Department of Defence, Parkgate, Dublin, and shall be there kept open for public inspection at all reasonable times.

(3) The Minister may by order under this subsection revoke or amend a protected area order.

(4) Every protected area order and every order amending a protected area order shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which such House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

(5) The Minister may grant permits for the purposes of a protected area order, and the following provisions shall apply in relation to any permit so granted—

( a) the Minister may—

(i) attach to it such conditions as he thinks fit,

(ii) revoke or amend it;

( b) the permit shall not operate as a release from any restrictions imposed under the Town and Regional Planning Acts, 1934 and 1939, or any other enactment and applicable to the area to which the order relates.

(6) ( a) If any person, having an estate or interest in land within an area to which a protected area order applies, proves that his estate or interest is injuriously affected by the refusal of the Minister to grant him a permit or by any conditions attached to a permit granted to him by the Minister, he shall be entitled to recover compensation from the Minister for the injury to that estate or interest, and any question whether compensation is payable under this subsection or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

( b) Where a person would, but for this paragraph, be entitled to compensation under this subsection and also under any other enactment in respect of the same matter, he shall not be entitled to compensation in respect of that matter under both this subsection and that other enactment, but may elect to receive compensation under either this subsection or that other enactment.

(7) If any person erects or adds to a building or erects or places any post, pole or other thing in contravention of a protected area order—

( a) that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding F28 [ 1,000 ] pounds, and

( b) the Minister may, whether or not any proceedings are taken in respect of the offence, cause such alterations to be made in the building, post, pole or thing in respect of which the contravention took place as may be necessary in his opinion to ensure compliance with the order, and the expenses incurred by the Minister in so doing shall be recoverable by the Minister from the person by whom the contravention is committed as a simple contract debt in any court of competent jurisdiction.

Annotations:

Amendments:

F28

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 4, commenced on enactment.

Billeting during a period of emergency.

37

37. (1) ( a) The Minister may, from time to time and at any time, make such regulations as he thinks fit—

(i) requiring the occupiers of premises to provide, during a period of emergency, lodging, attendance and food for members of the Defence Forces;

(ii) requiring the occupiers of premises and of livery stables to provide, during a period of emergency, stabling and forage for horses of the Defence Forces;

(iii) requiring the occupiers of premises and garages to provide, during a period of emergency, garaging for mechanically propelled vehicles of the Defence Forces;

(iv) conferring on such persons as the Minister thinks proper such powers and authorities for the carrying out and enforcement of the regulations as he thinks proper;

(v) fixing, with the sanction of the Minister for Finance, the scales of payment to be made in respect of any lodging, attendance, food, stabling, forage or garaging so provided;

(vi) providing for any matter or thing ancillary to the matters aforesaid.

( b) The references in paragraph ( a) of this subsection to occupiers of premises shall, in the case of premises which are unoccupied, be construed as references to the owners of those premises.

(2) If any person contravenes (by act or omission) any regulation made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F29 [ 200 ] pounds.

(3) There shall be paid to persons providing lodging, attendance, food, stabling, forage or garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.

(4) When by regulations made under this section any powers or duties are conferred or imposed on members of the Garda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with any member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.

(5) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.

Annotations:

Amendments:

F29

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 5, commenced on enactment.

Billeting in peace time.

38

38. (1) In this section the expression “ victualling house” means any premises being—

( a) premises registered in a register kept under Part III of the Tourist Traffic Act, 1939 (No. 24 of 1939), or

( b) premises licensed under the Licensing Acts, 1833 to 1946, for the sale of intoxicating liquor for consumption on the premises, or

( c) a restaurant registered in a register kept under regulations made under Part V of the Health Act, 1947 (No. 28 of 1947).

(2) The Minister may make such regulations as he thinks fit—

( a) requiring the occupiers of victualling houses to provide lodging, attendance and food for members of the Defence Forces;

( b) requiring the occupiers of victualling houses and of livery stables to provide stabling and forage for horses of the Defence Forces;

( c) requiring the occupiers of victualling houses and garages to provide garaging for mechanically propelled vehicles of the Defence Forces;

( d) conferring on such persons as the Minister thinks proper such powers and authorities for the carrying out and enforcement of the regulations as he thinks proper;

( e) fixing, with the sanction of the Minister for Finance, the scales of payment to be made in respect of any lodging, attendance, food, stabling, forage or garaging so provided;

( f) providing for any matter or thing ancillary to the matters aforesaid.

(3) If any person contravenes (by act or omission) any regulation made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F30 [ 200 ] pounds.

(4) No member of the Defence Forces shall in pursuance of any regulation made under this section be billeted in any private house or in any premises occupied by women only.

(5) There shall be paid to persons providing lodging, attendance, food, stabling, forage or garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.

(6) Where by regulations made under this section any powers or duties are conferred or imposed on members of the Garda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with a member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.

(7) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.

Annotations:

Amendments:

F30

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 6, commenced on enactment.

Exercise of powers vested in holder of military office.

39

39.Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any military office may be exercised by, or be done by, to, or before any other person for the time being authorised in that behalf according to the custom of the service or according to rules of procedure or according to regulations made by the Minister.

Provisions as to orders of military authorities.

40

40. (1) Where any order is authorised by or under this Act to be made by the Chief of Staff, the Adjutant-General or the Quartermaster-General or by any general, flag or other officer in command, such order may be signified by an order, instruction or letter under the hand of any officer authorised to issue orders on behalf of the Chief of Staff, the Adjutant-General or the Quartermaster-General or the general, flag or other officer in command, and an order, instruction or letter purporting to be signed by an officer appearing therein to be so authorised shall be evidence of his being so authorised.

(2) Subsection (1) of this section shall extend to any order or direction issued in pursuance of this Act in relation to any F31 [ ] military prisoner or man undergoing detention, and any such order or direction shall not be held invalid by reason of the death or removal from office of the officer signing or ordering the issue of such order or direction or by reason of any defect in such order or direction, if it be alleged in such order or direction that the F31 [ ] military prisoner or man undergoing detention has been convicted and that there is a good and valid conviction to sustain the order or direction.

(3) An order in any case if issued in the prescribed form shall be valid, but an order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of such deviation.

Annotations:

Amendments:

F31

Deleted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2. para. 2, commenced as per s. 1.

Modifications (not altering text):

C19

Terms “Adjutant-General” and “Quartermaster-General” construed (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 10(3), S.I. No. 366 of 1998.

Adaptations.

10.— ...

(3) (a) References in sections 11 and 40 of the Principal Act to the Adjutant-General shall be construed as references to the Deputy Chief of Staff (Operations).

(b) References in the said sections 11 and 40 to the Quartermaster-General shall be construed as references to the Deputy Chief of Staff (Support).

PART IV.

Personnel of the Defence Forces.

Chapter I.

Officers.

Persons eligible to be appointed officers.

41

41.Each of the following persons shall be eligible to be appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force, that is to say:—

( a) Irish citizens;

( b) any other persons specially approved by the Minister.

Annotations:

Modifications (not altering text):

C20

Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act (28/1979), s. 3, S.I. No. 19 of 1980.

Application of section 41 of Principal Act to women.

3.—A woman shall be eligible to be appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force and for that purpose references in section 41 of the Principal Act to Irish citizens shall be construed as including Irish citizens of either sex and references to any other persons specially approved by the Minister shall be construed as including persons of either sex.

Appointment of officers, and commissions.

42

42. (1) The President may appoint any eligible person to be an officer of the Permanent Defence Force or the Reserve Defence Force in any commissioned rank, and any such appointment may be without limitation as to time or may be for a specified period or be temporary.

(2) Where a person is appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force, a commission shall be issued to him and such commission shall be,—

( a) in case there is an elected President in office exercising and performing the powers and functions of his office, either in the form set out in Part I of the Fifth Schedule to this Act or in the form set out in Part II of the said Schedule and be sealed with the official seal of the President,

( b) in any other case, either in the form set out in Part III of the Fifth Schedule to this Act or in the form set out in Part IV of the said Schedule and be sealed with the official seal of the President.

(3) Where the appointment of a person to be an officer is for a specified period or temporary, words indicating the period of appointment or the word “ sealadach” or (in English) “ temporary” shall (as the case may require) be endorsed on the commission.

(4) If an error occurs in a commission issued under subsection (2) of this section, it may, by direction of the President, be amended by correcting such error.

Oath to be taken by officers.

43

43. (1) Every person appointed to be an officer of the Permanent Defence Force shall take an oath or make a declaration either in the form set out in Part I of the Sixth Schedule to this Act or in the form set out in Part II of the said Schedule.

(2) Every person appointed to be an officer of the Reserve Defence Force shall take an oath or make a declaration either in the form set out in Part I of the Seventh Schedule to this Act or in the form set out in Part II of the said Schedule.

(3) The oath or declaration mentioned in subsection (1) or (2) of this section shall be taken or made within the prescribed time and in the prescribed manner before a prescribed officer.

(4) If any person appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force refuses or neglects to take the oath or make the declaration required by this section to be taken or made by him within the time and in the manner mentioned in subsection (3) of this section, he shall be deemed to have tendered the resignation of his commission and such resignation shall be deemed to have been accepted at the expiration of that time.

Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.

44

44. (1) Where a person is appointed to be an officer of the Reserve Defence Force, such person shall, on appointment, be assigned by the Minister to a particular class of the Reserve Defence Force.

(2) An officer of the Reserve Defence Force who for the time being belongs to a particular class of the Reserve Defence Force may, with his own consent, be assigned by the Minister to another class of the Reserve Defence Force.

(3) In this section, the expression “ class of the Reserve Defence Force” means any class of the Reserve Defence Force being—

( a) the Reserve of Officers (First Line), or

( b) the Reserve of Officers (An Fórsa Cosanta Aitiúil), or

( c) the Reserve of Officers (An Slua Muirí), or

( d) any class constituted under subsection (2) of section 21.

Promotion of officers.

45

45. (1) The Minister may, in accordance with regulations made by him, promote any officer to a higher substantive rank.

(2) The Minister may, in accordance with regulations made by him, promote any officer holding a substantive rank or an acting rank to a higher acting rank.

(3) An officer promoted to a higher acting rank shall at any time thereafter, on a direction to that effect being given by the Minister, revert to his substantive rank or, if so directed, to an acting rank higher than his substantive rank.

Placing of officer on half-pay.

46

46.The Minister may, in accordance with regulations made by him, place an officer on half-pay for a period not exceeding one year.

Annotations:

Modifications (not altering text):

C21

Application of section restricted by Defence Forces (Pensions) Scheme 1937 (S. R. & O. No. 249 of 1937), art. 23A(2), as substituted (1.01.1955) by Defence Forces (Pensions) (Amendment) Scheme 1956 (S. I. No. 35 of 1956), art. 11, in effect as per art. 11(4), art. 1 and by motions of confirmation by Dáil Éireann, Vol. 155, 14 March 1956 and Seanad Éireann, Vol. 45, 15 March 1956.

[23A. (1)...

(2) Where an officer is placed on half-pay by the Minister pursuant to section 46 of the Defence Act, 1954 (No. 18 of 1954), and such officer—

(a) retires or is retired or dies while on such half-pay, or

(b) having been immediately before retirement on such half-pay, dies after retirement,

then, for the purposes of this Scheme and of Article 20 of the Amending Scheme of 1949, such officer shall—

(I) be deemed to have been in receipt, during the period he was on such half-pay, of the additional pay (if any) which he ceased to be entitled to receive solely by reason of being placed on such half-pay, and

(II) be deemed, save where provision is made for the applying of a notional rank to such officer, to have been in receipt, on the day of his retirement or death (whichever is relevant) of the rate of pay for which he would have been eligible on such day had he not been so placed on half-pay.

... ]

Retirement of officers of the Permanent Defence Force.

47

47. (1) In this section, the word “ officer” means an officer of the Permanent Defence Force.

(2) An officer may, for any prescribed reason, be retired by the President.

(3) An officer whose appointment as an officer is temporary may at any time be retired by the President.

(4) ( a) An officer of a prescribed description (which may be prescribed by reference to rank or appointment or both or such other matters as the Minister thinks proper) shall retire on reaching the age prescribed as the age for retirement for officers of that description.

( b) Subject to such conditions as may be prescribed, the Minister may permit an officer, who is required by paragraph ( a) of this subsection to retire on a particular date, to continue, after that date, to serve as an officer for such further period (not exceeding one hundred and twenty-two days) as the Minister may fix in respect of him and, in that case, such officer shall retire on the expiration of the further period so fixed in respect of him.

(5) An officer whose appointment as an officer is for a specified period shall retire on the expiration of that period.

(6) An officer who would, on retirement, be eligible, by virtue of length of service, for retired pay or a gratuity under any scheme made under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), may, with the permission of the Minister, retire.

(7) An officer who is retired or who retires shall cease to be an officer.

Relinquishment of commissions by officers of the Reserve Defence Force.

48

48. (1) In this section, the word “ officer” means an officer of the Reserve Defence Force.

(2) The President may, for any prescribed reason, direct that an officer shall relinquish his commission and in any such case such officer shall relinquish his commission.

(3) The President may direct that an officer whose appointment as an officer is temporary shall relinquish his commission and in any such case such officer shall relinquish his commission.

(4) An officer of a prescribed description (which may be prescribed by reference to rank or appointment or both or such other matters as the Minister thinks proper) shall relinquish his commission on reaching the age prescribed as the age for the relinquishment of commissions by officers of that description.

(5) An officer whose appointment as an officer is for a specified period shall relinquish his commission on the expiration of that period.

(6) An officer who becomes a member of either House of the Oireachtas F32 [ or who assumes the office of representative in the Assembly of the European Communities ] shall thereupon relinquish his commission.

(7) An officer who relinquishes his commission shall cease to be an officer.

Annotations:

Amendments:

F32

Inserted (9.12.1977) by European Assembly Elections Act 1977 (30/1977), s. 22, commenced on enactment.

Resignation of officers.

49

49. (1) An officer may, in the prescribed manner, tender to the President the resignation of his commission.

(2) The President may accept or refuse to accept the resignation of his commission tendered by an officer.

(3) An officer who has tendered the resignation of his commission shall not, by reason merely of such tender, be relieved of his military duties.

(4) Where the resignation by an officer of his commission is accepted, such officer shall cease to be an officer.

Dismissal of officers.

50

50. (1) The President may dismiss any officer.

(2) Except in the case of an officer who is sentenced by a civil court to suffer F33 [ ] F34 [ ] imprisonment for a term exceeding six months or who is absent without leave for a period exceeding three months, an officer shall not be dismissed under this section unless or until the reasons for the proposed dismissal have been communicated to him and such officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed dismissal.

(3) An officer who is dismissed shall cease to be an officer.

F35 [ (4) This section shall not apply to a military judge. ]

Annotations:

Amendments:

F33

Deleted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7, sch. 1, para. 4(a), commenced on enactment.

F34

Deleted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2, para. 3, commenced as per s. 1.

F35

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Effective dates of appointment, etc., of officers.

51

51. (1) The following—

( a) the appointment of a person to be an officer of the Permanent Defence Force or the Reserve Defence Force,

( b) the retirement, under subsection (2) or (3) of section 47, of an officer of the Permanent Defence Force,

( c) the relinquishment of his commission, under subsection (2) or (3) of section 48, by an officer of the Reserve Defence Force,

( d) the resignation by an officer of his commission,

( e) the dismissal of an officer under section 50,

shall, in each case, take effect from such date as the President may fix.

(2) The retirement under subsection (6) of section 47 of an officer of the Permanent Defence Force shall take effect from such date as the Minister may fix.

(3) The following—

( a) the promotion of an officer to higher substantive or acting commissioned rank,

( b) the reversion of an officer holding acting commissioned rank to his substantive commissioned rank or to acting commissioned rank higher than his substantive commissioned rank,

shall take effect as from such date as the Minister may fix.

Notification of appointments, etc., in Iris Oifigiúil.

52

52.Notice of the appointment of a person to be an officer, the dismissal (including dismissal by sentence of a court-martial) or the retirement of an officer or the relinquishment or the resignation by an officer of his commission and of the date on which such appointment, dismissal, retirement, relinquishment or resignation (as the case may be) takes effect shall be published in the Iris Oifigiúil.

Chapter II.

Men.

Division I.

Enlistment and Discharge, etc., of Men.

Original enlistment.

Enlistment in the Permanent Defence Force for service during a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force.

53

53. (1) ( a) A person (including a minor) may be enlisted as a man of the Permanent Defence Force for service for a period of twelve years or for such less period as may from time to time be prescribed, but not for any longer period, and the period for which a person enlisting under this section is enlisted is in this Act referred to as the term of his original enlistment.

( b) The Minister, in special cases or classes of cases, may direct that where a boy is enlisted under this section before attaining the age of eighteen years the period of twelve years mentioned in paragraph ( a) of this subsection shall be reckoned from the day on which he attains the age of eighteen years.

(2) The enlistment of a person under this section shall be as follows, either—

( a) for the whole of the term of his original enlistment in the Permanent Defence Force, or

( b) for such portion of the term of his original enlistment as may from time to time be prescribed and as is specified in his attestation paper in the Permanent Defence Force and for the residue of the said term in the Reserve Defence Force.

Annotations:

Modifications (not altering text):

C22

Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 4, S.I. No. 19 of 1980.

Application of sections 53, 54 and 55 of Principal Act to women.

4.—A woman may—

( a) be enlisted in the Permanent Defence Force for service for a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force,

( b) be enlisted in the Permanent Defence Force for service for a period of emergency, or

( c) be directly enlisted in the Reserve Defence Force for service for a fixed period,

and for that purpose references in sections 53, 54 and 55 of the Principal Act to persons shall be construed as including persons of either sex and references in sections 53 (1) ( b) and 55 (1) ( b) of that Act to a boy shall be construed as including references to a girl.

Enlistment in the Permanent Defence Force for service during a period of emergency.

54

54.A person (including a minor) may during a period of emergency be enlisted as a man of the Permanent Defence Force to serve for that period of emergency in the Permanent Defence Force.

Annotations:

Modifications (not altering text):

C23

Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 4, S.I. No. 19 of 1980.

Application of sections 53, 54 and 55 of Principal Act to women.

4.—A woman may—

( a) be enlisted in the Permanent Defence Force for service for a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force,

( b) be enlisted in the Permanent Defence Force for service for a period of emergency, or

( c) be directly enlisted in the Reserve Defence Force for service for a fixed period,

and for that purpose references in sections 53, 54 and 55 of the Principal Act to persons shall be construed as including persons of either sex and references in sections 53 (1) ( b) and 55 (1) ( b) of that Act to a boy shall be construed as including references to a girl.

Direct enlistment in the Reserve Defence Force for service during a fixed period.

55

55. (1) ( a) A person (including a minor) may be directly enlisted to serve as a man of the Reserve Defence Force for a period of twelve years or for such less period as may from time to time be prescribed, but not for any longer period, and the period for which a person enlisting under this section is enlisted is in this Act referred to as the term of his original enlistment.

( b) The Minister, in special cases or classes of cases, may direct that where a boy is enlisted under this section before attaining the age of eighteen years the period of twelve years mentioned in paragraph ( a) of this subsection shall be reckoned from the day on which he attains the age of eighteen years.

(2) The enlistment of a person under this section shall be for the whole of the term of his original enlistment in the Reserve Defence Force.

(3) A person enlisted under this section shall be enlisted for service in a particular class of reservists.

Annotations:

Modifications (not altering text):

C24

Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 4, S.I. No. 19 of 1980.

4.—A woman may—

( a) be enlisted in the Permanent Defence Force for service for a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force,

( b) be enlisted in the Permanent Defence Force for service for a period of emergency, or

( c) be directly enlisted in the Reserve Defence Force for service for a fixed period,

and for that purpose references in sections 53, 54 and 55 of the Principal Act to persons shall be construed as including persons of either sex and references in sections 53 (1) ( b) and 55 (1) ( b) of that Act to a boy shall be construed as including references to a girl.

Proceedings for enlistment.

Recruiting regulations.

56

56. (1) The Minister may make regulations (in this Act referred to as recruiting regulations) in relation to all or any of the following matters, that is to say:—

( a) the appointment and duties of recruiters;

( b) the persons authorised to enlist recruits for the Permanent Defence Force and the Reserve Defence Force;

( c) the manner in which recruits are to be enlisted;

( d) the forms to be used for the purposes of enlistment;

( e) the persons to be enlisted;

( f) the enlistment of recruits for service in a particular service corps;

( g) the enlistment of recruits in the Reserve Defence Force for service in a particular class of reservists;

( h) any other matter in relation to proceedings for enlistment.

(2) Recruiting regulations shall provide for the completion by a person enlisting in the Permanent Defence Force or the Reserve Defence Force of an attestation paper in the prescribed form and the signing by such person of such attestation paper and the verification of his signature.

Mode of enlisting recruits.

57

57.Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall be enlisted in accordance with recruiting regulations.

Oath on enlistment.

58

58. (1) Every person enlisting in the Permanent Defence Force under section 53 shall take an oath or make a declaration either in the form set out in Part I of the Eighth Schedule to this Act or in the form set out in Part II of the said Schedule.

(2) Every person enlisting in the Permanent Defence Force under section 54 shall take an oath or make a declaration either in the form set out in Part I of the Ninth Schedule to this Act or in the form set out in Part II of the said Schedule.

(3) Every person enlisting in the Reserve Defence Force under section 55 shall take an oath or make a declaration either in the form set out in Part I of the Tenth Schedule to this Act or in the form set out in Part II of the said Schedule.

(4) The oath or declaration mentioned in subsection (1), (2) or (3) of this section shall be taken or made before a prescribed officer.

(5) The oath taken or declaration made in pursuance of this section by a person enlisting in the Permanent Defence Force or the Reserve Defence Force shall bind such person to serve in accordance with his engagement and the tenor of such oath or declaration until he is legally discharged.

Effect of signing declaration required by attestation paper and complying with section 58.

59

59.Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall, upon—

( a) signing a declaration affirming such particulars in relation to himself as may be required by his attestation paper and of his willingness to fulfil the engagements set out in the said attestation paper, and

( b) complying with section 58,

be deemed to be enlisted as a man of the Permanent Defence Force or the Reserve Defence Force (as the case may be), and, for the purposes of this Act, the date of the attestation of such person shall be the date on which he signs the said declaration and complies with section 58.

Appointment to service corps.

Enlistment for general service and appointment to service corps.

60

60. (1) Recruits may, in pursuance of regulations from time to time made by the Minister, be enlisted for service in a particular service corps, but save as provided in such regulations (if any) recruits shall be enlisted for general service.

(2) The prescribed military authority shall as soon as practicable appoint a recruit, if enlisted for service in a particular service corps, to that service corps and, if enlisted for general service, to some service corps.

Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.

61

61. (1) This section applies only to men of the Permanent Defence Force F36 [ who were enlisted under section 53 before the commencement of section 8 of the Defence (Amendment) Act 2007 ].

(2) The following provisions shall apply in respect of a man of the Permanent Defence Force enlisted for general service—

( a) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is less than ten years, he may be transferred by order of the prescribed military authority to another service corps,

( b) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is ten years or more, he may be transferred by order of the prescribed military authority to another service corps, if, but only if,—

(i) he consents to such transfer, or

F37 [ (ia) the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force F38 [ ] , or ]

(ii) a proclamation authorising the calling out of reservists on permanent service is for the time being in force.

(3) Where a man of the Permanent Defence Force is enlisted for service in a particular service corps, he may be transferred by order of the prescribed military authority to another service corps, if, but only if, he consents to such transfer F39 [ or the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force F40 [ ] ] .

(4) The provisions of this section shall have effect subject to subsection (2) of section 296.

F41 [ (5) A man of the Permanent Defence Force who by virtue of this section F42 [ ] is transferred from one service corps to another service corps for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force F43 [ or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ] , shall, on the completion of such service, be transferred by the prescribed military authority with all convenient speed to the first mentioned service corps. ]

Annotations:

Amendments:

F36

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 8, commenced on enactment as per s. 1(3).

F37

Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(2)(a), commenced on enactment. (Note: subs. (2) misprinted as subs. (6)).

F38

Deleted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(a), commenced on enactment.

F39

Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(2)(b), commenced on enactment. (Note: subs. (2) misprinted as subs. (6)).

F40

Deleted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(b), commenced on enactment.

F41

Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(2)(c), commenced on enactment. (Note: subs. (2) misprinted as subs. (6)).

F42

Deleted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(c)(i), commenced on enactment.

F43

Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(c)(ii), commenced on enactment.

Modifications (not altering text):

C25

Term “International United Nations Force” construed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 2(2), commenced on enactment.

Application of certain provisions of Act of 1960 and Principal Act.

2.— ...

(2) The provisions of the Principal Act specified in section 4 of the Act of 1960 as amended by this Act shall apply and have effect as if each reference in those provisions to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.

Editorial Notes:

E6

In Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4, subs. (2) appears to be misprinted as subs. (6).

E7

Previous affecting provision: application of section affected (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(2); repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E8

Previous affecting provision: transitional saver applied to above F-notes (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(7), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Assignment of reservists to classes of reservists.

Assignment of reservists to a particular class of reservists.

62

62. (1) A reservist enlisted under section 55 for service in a particular class of reservists shall be assigned by the prescribed military authority to that class of reservists.

(2) A reservist who for the time being belongs to a particular class of reservists may, with his own consent, be assigned by the Minister to another class of reservists.

Variation of engagement, re-engagement and continuance in service.

Change of conditions of service of men enlisted under section 53.

63

63. (1) ( a) This subsection applies to a man of the Permanent Defence Force who is enlisted under section 53.

( b) The Minister may by regulations vary the conditions of service of a man to whom this subsection applies so as to permit him, with the consent of the Minister:—

(i) to enter the Reserve Defence Force at any time for the residue unexpired of the term of his original enlistment, or

(ii) to extend his service in the Permanent Defence Force for all or any part of the residue unexpired of the term of his original enlistment.

( c) A man to whom this subsection applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

( d) Where a man to whom this subsection applies extends the term of his original enlistment under this subsection, any subsequent reference in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

(2) ( a) This subsection applies to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70.

( b) A reservist to whom this subsection applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

( c) Where a reservist to whom this subsection applies extends the term of his original enlistment under this subsection, any subsequent reference (including the reference in subsection (3) of this section) in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

(3) ( a) This subsection applies to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70.

( b) The Minister may by regulations vary the conditions of service of a reservist to whom this subsection applies so as to permit him, with the consent of the prescribed military authority, to re-enter the Permanent Defence Force for all or any of the residue unexpired of the term of his original enlistment.

(4) Regulations under paragraph ( b) of subsection (1) or under subsection (3) of this section may be expressed to be applicable generally or in specified cases only.

Re-engagement of men of the Permanent Defence Force enlisted under section 53.

64

64.Subject to any regulations from time to time made by the Minister, a man of the Permanent Defence Force enlisted under section 53 may, after the expiration of nine years reckoned, in case he is a man to whom a direction under paragraph ( b) of subsection (1) of section 53 was given, from the day on which he attained the age of eighteen years or, in any other case, the date of his attestation, on the recommendation of his commanding officer and with the approval of the prescribed military authority, be re-engaged for such further period of service in the Permanent Defence Force as will make up a total continuous period of twenty-one years’ service reckoned as aforesaid and inclusive of any period previously served in the Reserve Defence Force.

Continuance in service after 21 years’ service of men of the Permanent Defence Force.

65

65. (1) The Minister may, as respects men of the Permanent Defence Force who have completed a total continuous period of twenty-one years’ service or (by virtue of any continuance in service under this subsection) more in the Defence Forces and who desire to continue to serve in the Permanent Defence Force, by regulations provide for their continuance in service in the Permanent Defence Force.

(2) Where a man of the Permanent Defence Force is continued in service for a particular period under subsection (1) of this section, he may be continued as a man of the Permanent Defence Force for that period in the same manner in all respects as if his term of service were still unexpired.

Extension of term of original enlistment of reservists enlisted under section 55.

66

66. (1) This section applies to a reservist who is enlisted under section 55.

(2) A reservist to whom this section applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

(3) Where a reservist to whom this section applies extends the term of his original enlistment under this section, any subsequent reference in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

Re-engagement of reservists.

67

67.Subject to any regulations from time to time made by the Minister, a reservist may, after the expiration of nine years reckoned, in case he is a man to whom a direction under paragraph ( b) of subsection (1) of section 53 or paragraph ( b) of subsection (1) of section 55, was given, from the day on which he attained the age of eighteen years or, in any other case, the date of his attestation, on the recommendation of his commanding officer and with the approval of the prescribed military authority, be re-engaged for such further period of service in the Reserve Defence Force as will make up a total continuous period of twenty-one years’ service reckoned as aforesaid and inclusive, in case he enlisted under section 53, of any period previously served in the Permanent Defence Force.

Continuance in service after 21 years’ service of reservists.

68

68. (1) The Minister may, as respects reservists who have completed a total continuous period of twenty-one years’ service or (by virtue of any continuance in service under this subsection) more in the Defence Forces and who desire to continue to serve in the Reserve Defence Force, by regulations provide for their continuance in service in the Reserve Defence Force.

(2) Where a reservist is continued in service for a particular period under subsection (1) of this section, he may be continued as a reservist for that period in the same manner in all respects as if his term of service were still unexpired.

Transfer to Reserve Defence Force and discharge.

Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.

69

69.Where a man of the Permanent Defence Force enlisted under section 53 deserts or absents himself without leave, whether once or oftener, then, save as may be otherwise prescribed, each period commencing on the date on which he deserts or absents himself without leave and ending on the date on which he next surrenders himself or reports back for duty or is apprehended (as the case may be) shall be excluded in reckoning his service in the Permanent Defence Force for the purposes of this Act.

Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.

70

70. (1) This section applies only to men of the Permanent Defence Force enlisted under section 53.

(2) In reckoning the service of a man of the Permanent Defence Force for the purposes of transfer to the Reserve Defence Force or discharge from the Permanent Defence Force, his service shall, subject to section 69, be reckoned from, in case he is a man in respect of whom a direction has been given under paragraph ( b) of subsection (1) of section 53, the date on which he attains the age of eighteen years or, in any other case, the date of his attestation.

(3) ( a) Every man of the Permanent Defence Force, upon completion of the period of his service with the Permanent Defence Force, if shorter than the term of his original enlistment, shall, subject to the provisions of this subsection, be transferred in the prescribed manner to the Reserve Defence Force,

( b) Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph ( a) of this subsection, be entitled to be transferred to the Reserve Defence Force occurs while a proclamation authorising the calling out of reservists on permanent service is in force F44 [ or he is serving outside the State with an International United Nations Force ] F45 [ or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ], the following provisions shall have effect—

(i) he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding the period during which the proclamation is in force F46 [ or the period of such service outside the State with an International United Nations Force F45 [ or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ] , as the case may be, or, where the two periods occur and there is no interval of time between them, the period from the commencement of the period which occurs first to the expiration of the other period ] ) as the prescribed military authority may decide,

(ii) on the expiration of such further period—

(I) in case the term of his original enlistment has expired and he has not been re-engaged under section 64 or continued in service under section 65, he shall be discharged from the Permanent Defence Force with all convenient speed,

(II) in any other case, he shall be transferred in the prescribed manner to the Reserve Defence Force.

( c) Where a man of the Permanent Defence Force is required by this subsection to be transferred to the Reserve Defence Force—

(i) he shall until so transferred be subject to this Act as a man of the Permanent Defence Force,

(ii) upon such transfer, he shall, subject to subparagraph (iii) of this paragraph, become and be a man of the Reserve Defence Force for the period unexpired of the term of his original enlistment,

(iii) if, during the said period, he re-enters the Permanent Defence Force under subsection (3) of section 63, then, he shall from the date of such re-entry become and be again a man of the Permanent Defence Force in like manner in all respects as if he had not been so transferred to the Reserve Defence Force.

(4) ( a) Subject to this subsection, every man of the Permanent Defence Force, upon completion of the term of his original enlistment or the period of his re-engagement under section 64 or the period of his continuance in service under section 65, shall be discharged from the Permanent Defence Force with all convenient speed.

( b) Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph ( a) of this subsection, be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force F44 [ or he is serving outside the State with an International United Nations Force ] F45 [ or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ], he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding the period during which the proclamation is in force F46 [ or the period of such service outside the State with an International United Nations Force F45 [ or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ] , as the case may be, or, where the two periods occur and there is no interval of time between them, the period from the commencement of the period which occurs first to the expiration of the other period ] ) as the prescribed military authority may direct, and at the expiration of such further period shall be discharged from the Permanent Defence Force with all convenient speed.

(5) Subsections (3) and (4) of this section shall have effect subject to subsection (3) of section 296.

(6) Where a man of the Permanent Defence Force is transferred to the Reserve Defence Force or discharged under this section, he shall be entitled to be conveyed free of cost from the place where he is so transferred or discharged to the place where he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his transfer or discharge decide to take up his residence and to which he can be conveyed without greater cost.

Annotations:

Amendments:

F44

Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(3), commenced on enactment.

F45

Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 6, commenced on enactment.

F46

Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(3), commenced on enactment.

Modifications (not altering text):

C26

Term “International United Nations Force” construed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 2, commenced on enactment.

Application of certain provisions of Act of 1960 and Principal Act.

2.—...

(2) The provisions of the Principal Act specified in section 4 of the Act of 1960 as amended by this Act shall apply and have effect as if each reference in those provisions to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.

Editorial Notes:

E9

Previous affecting provision: application of section affected (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(2); repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E10

Previous affecting provision: transitional saver applied to above F-notes (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(7), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Discharge of men of the Permanent Defence Force enlisted under section 54.

71

71. (1) Every man of the Permanent Defence Force enlisted under section 54 to serve for a period of emergency shall upon the expiration of that period of emergency be discharged from the Permanent Defence Force with all convenient speed.

(2) Where a man of the Permanent Defence Force enlisted under section 54 is discharged under this section, he shall be entitled to be conveyed free of cost from the place where he is discharged to the place where he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his discharge decide to take up residence and to which he can be conveyed without greater cost.

Discharge of reservists.

72

72. (1) In reckoning the service of a reservist for the purposes of discharge from the Reserve Defence Force, his service shall, subject, if he was transferred to the Reserve Defence Force under section 70, to section 69, be reckoned from, in case he is a man in respect of whom a direction has been given under paragraph ( b) of subsection (1) of section 53 or paragraph ( b) of subsection (1) of section 55, the date on which he attains the age of eighteen years or, in any other case, the date of his attestation.

(2) ( a) Subject to this subsection, every reservist, upon completion of the term of his original enlistment or the period of his re-engagement under section 67 or the period of his continuance in service under section 68, shall be discharged from the Reserve Defence Force with all convenient speed.

( b) Where the time at which a reservist would, by virtue of paragraph ( a) of this subsection, be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force, he shall continue to serve as a reservist for such further period (not exceeding the period during which the proclamation is in force) as the prescribed military authority directs, and at the expiration of such further period shall be discharged from the Reserve Defence Force with all convenient speed.

( c) Paragraphs ( a) and ( b) of this subsection shall have effect subject to subsection (2) of section 297.

(3) Where a reservist is discharged under this section and immediately before his discharge stood called out on permanent service, he shall be entitled to be conveyed free of cost from the place where he is discharged to the place which was his registered place of abode when he was called out on permanent service or to any other place at which he may at the time of his discharge decide to take up his residence and to which he can be conveyed without greater cost.

Discharge otherwise than on completion of service.

Discharge of men by direction of Minister or authorised officer.

73

73.The Minister or any officer authorised by the Minister in that behalf may, for prescribed reasons, direct the discharge of a man from the Permanent Defence Force or the Reserve Defence Force (as the case may be).

Discharge of reservists becoming members of either House of the Oireachtas.

74

74.A reservist who becomes a member of either House of the Oireachtas F47 [ or who assumes the office of representative in the Assembly of the European Communities ] shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.

Annotations:

Amendments:

F47

Inserted (9.12.1977) by European Assembly Elections Act 1977 (30/1977), s. 22, commenced on enactment.

Discharge by purchase.

75

75. (1) A man shall be entitled, except during a period of emergency, to his discharge from the Permanent Defence Force or the Reserve Defence Force by purchase as may be prescribed.

(2) Where—

( a) a man at any time within three months after the date of his attestation pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged, and

( b) such payment and application are not made during a period of emergency,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

(3) Where—

( a) a person has enlisted, and

( b) a period of emergency commences within three months after the date of his attestation, and

( c) such person within three months after the termination of the period of emergency pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

Annotations:

Modifications (not altering text):

C27

Term “International United Nations Force” construed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 2, commenced on enactment.

Application of certain provisions of Act of 1960 and Principal Act.

2.—...

(2) The provisions of the Principal Act specified in section 4 of the Act of 1960 as amended by this Act shall apply and have effect as if each reference in those provisions to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.

C28

Application of section extended (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(4), commenced on enactment, as amended (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 9(a) and (b), commenced on enactment.

Amendments of the Principal Act.

4.—...

(4) ( a) [Section 75 ] of the Principal Act shall, in its application to a man of the Permanent Defence Force who is serving outside the State with an International United Nations Force, have effect as if the references therein to a period of emergency included references to a period during which the man is serving outside the State with an International United Nations Force [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ].

( b) Where, in relation to a man of the Permanent Defence Force, a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ]) is followed within three months after its expiration by a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ]), the former period shall, for the purposes of subsection (3) of section 75 of the Principal Act be deemed to have terminated at the time of the termination of the latter period.

...

Editorial Notes:

E11

Previous affecting provision: application of section affected (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(2); repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E12

Previous affecting provision: transitional provision applied to above C-note (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(7), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Discharge of persons under eighteen.

76

76. (1) Where—

( a) a person under the age of eighteen years is enlisted without the consent in writing of his parent, and

( b) the parent of such person applies within three months after the date of such person’s attestation to the commanding officer or the Minister for the discharge of such person,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

F48 [ Provided that this section shall not apply to a person who is under the age of eighteen years and is or has been married at the time of attestation. ]

(2) In this section, the word “ parent”, in relation to a person (in this subsection referred to as the recruit) who was under the age of eighteen years at the date of his attestation, shall be construed in accordance with the following provisions—

( a) subject to paragraph ( b) of this subsection, the word means the person (in this subsection referred to as the legal guardian) having the legal custody of the recruit at that date;

( b) (i) if at that date there was no legal guardian, or

(ii) if, owing to the absence from the State of the legal guardian or for any other reason, the recruit was not at that date living with or in the actual custody of the legal guardian,

then, the word means the person with whom the recruit was living or in whose actual custody he was at that date.

Annotations:

Amendments:

F48

Inserted (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 5(a), commenced as per s. 9(2).

Discharge of apprentices.

77

77.Where—

( a) a person under the age of twenty-one years is enlisted, and

( b) such person is at the date of his attestation bound for a period of not less than two years under an indenture of apprenticeship, and

( c) the master of such person, within one month after the date of his attestation, pays to the Minister such sum (not exceeding five pounds) as the Minister may fix, produces the said indenture to the commanding officer of such person and applies to the said commanding officer for the discharge of such person,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

Status of unenlisted person in receipt of pay as a man and of persons informally enlisted.

Status of unenlisted person in receipt of pay as a man.

78

78. (1) Where a person—

( a) has accepted pay as a man of the Permanent Defence Force, and

( b) has neither been attested nor re-engaged as a man of the Permanent Defence Force,

the following provisions shall have effect—

(i) such person may at any time claim his discharge, and on such claim being made he shall be discharged from the Permanent Defence Force with all convenient speed, and

(ii) until such claim is made and such person is actually discharged in the manner prescribed by regulations made under section 81, he shall be subject to this Act as a man of the Permanent Defence Force duly enlisted and attested or re-engaged.

(2) Subsection (1) of this section shall apply in respect of a person who has accepted pay, a grant or other payment as a reservist and has neither been attested nor re-engaged as a reservist, subject to the modification that references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force.

Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.

79

79. (1) Where there has been an error (not being a material error) in the enlistment, attestation, re-engagement or continuance in service of a person as a man of the Permanent Defence Force, such error shall not invalidate his enlistment, attestation, re-engagement or continuance in service and may be corrected by direction of the Minister.

(2) Where—

( a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

( b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

( c) such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force, and

( d) such person, within three months after he first so accepted pay, claims his discharge on the ground of such error or illegality,

then the following provisions shall apply—

(i) such person shall be discharged from the Permanent Defence Force with all convenient speed;

(ii) during the period commencing on the date of his attestation, re-engagement or continuance in service and ending on the date on which he is discharged in the manner prescribed by regulations made under section 81 he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(3) Where—

( a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

( b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

( c) such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) received pay as a man of the Permanent Defence Force, and

( d) such person does not, within three months after he first so accepted pay, claim his discharge on the ground of such error or illegality,

then such person shall, notwithstanding such error or illegality, be deemed for the purposes of this Act to have been duly attested and enlisted or re-engaged or continued in service as a man of the Permanent Defence Force.

(4) Where—

( a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

( b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

( c) such person has not after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force,

the following provisions shall have effect—

(i) such person may at any time claim his discharge, and on such claim being made he shall be discharged from the Permanent Defence Force with all convenient speed, and

(ii) until such claim is made and such person is actually discharged in the manner prescribed by regulations made under section 81, he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(5) Subsections (2), (3) and (4) of this section shall apply in respect of a person who has been attested, re-engaged or continued in service as a reservist, subject, however, to the following modifications, that is to say:—

( a) references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force, and

( b) references to pay shall be construed as references to pay, a grant or other payment.

General provisions as to discharge.

Order for discharge of men.

80

80.Where a man is required by section 70, 71, 72, 75, 76, 77, 78 or 79 to be discharged, the prescribed military authority shall order the discharge of such man from the Permanent Defence Force or the Reserve Defence Force (as the case may be).

Provisions in relation to discharge.

81

81. (1) A man shall not be discharged from the Permanent Defence Force or the Reserve Defence Force except in pursuance of—

( a) a direction under section 73, or

( b) an order of the prescribed military authority under section 80, or

( c) a sentence of discharge with F49 [ disgrace ] from the Defence Forces or of discharge from the Defence Forces imposed by a court-martial.

(2) The Minister may make regulations as to the manner in which and the persons by whom the discharge of men is to be carried out.

(3) Until the discharge of a person who is a man of the Permanent Defence Force or the Reserve Defence Force is carried out in accordance with regulations made under subsection (2) of this section, such person shall remain a man of the Permanent Defence Force or the Reserve Defence Force (as the case may be).

(4) Subsections (1), (2) and (3) of this section shall not apply to a reservist discharged by virtue of section 74.

Annotations:

Amendments:

F49

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Certificate of discharge.

82

82.Where a man is discharged from the Permanent Defence Force or the Reserve Defence Force, there shall be given to him or sent to him to his last registered place of abode or to the address indicated by him on discharge a certificate of discharge in such form and containing, in relation to him, such particulars as may be prescribed.

Collection and disposal of moneys paid in respect of discharge of men.

83

83. (1) All moneys payable in respect of the discharge of men shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable in respect of the discharge of men.

Division II.

Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.

Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.

84

84. (1) The Minister or any officer authorised by him in that behalf may promote—

( a) any man holding a non-commissioned army rank to a higher substantive non-commissioned army rank,

( b) any man holding a non-commissioned naval rank to a higher substantive non-commissioned naval rank.

(2) The Minister or any officer authorised by him in that behalf may for a prescribed reason reduce—

( a) a non-commissioned officer holding a substantive non-commissioned army rank to a lower substantive non-commissioned army rank,

( b) a non-commissioned officer holding a substantive non-commissioned naval rank to a lower substantive non-commissioned naval rank.

(3) ( a) A non-commissioned officer shall not be reduced in rank under subsection (2) of this section unless and until the reason for the proposed reduction has been communicated to him and such non-commissioned officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed reduction.

( b) Paragraph ( a) of this subsection shall not apply during a period of emergency or in respect of a non-commissioned officer who is on active service.

(4) The Minister or any officer authorised by him in that behalf may promote—

( a) any man holding a substantive non-commissioned army rank or an acting non-commissioned army rank to a higher acting non-commissioned army rank,

( b) any man holding a substantive non-commissioned naval rank or an acting non-commissioned naval rank to a higher acting non-commissioned naval rank.

(5) The Minister or any officer authorised by him in that behalf may direct that—

( a) a non-commissioned officer holding an acting non-commissioned army rank shall revert to his substantive non-commissioned army rank or to an acting non-commissioned army rank higher than his substantive non-commissioned army rank,

( b) a non-commissioned officer holding an acting non-commissioned naval rank shall revert to his substantive non-commissioned naval rank or to an acting non-commissioned naval rank higher than his substantive non-commissioned naval rank.

(6) The following—

( a) any promotion under subsection (1) or (4) of this section,

( b) any reduction under subsection (2) of this section,

( c) any reversion under subsection (5) of this section,

shall take effect as from such date as the authority making the promotion or reduction or directing the reversion shall fix.

Chapter III.

Service of Members of the Defence Forces.

Service of members of the Permanent Defence Force.

Annotations:

Editorial Notes:

E13

Previous affecting provision: application of chapter restricted (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 2(2), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E14

Previous affecting provision: application of chapter restricted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 3(2), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Service of members of the Permanent Defence Force.

85

85.Every officer and man of the Permanent Defence Force shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

Service of officers of the Reserve Defence Force.

Service of officers of the Reserve Defence Force.

86

86. (1) Every officer of the Reserve Defence Force shall be liable for such military service or duty, within the State, as may be prescribed and, if he is employed on a State ship or service aircraft, be liable while so employed to render such military service or duty, outside the territorial seas of the State, as may be prescribed.

(2) Every officer of the Reserve Defence Force shall serve under such conditions as may be prescribed.

Service of reservists.

Calling out of reservists on permanent service.

87

87. (1) ( a) The Government may, at any time during a period of emergency, by proclamation—

(i) declare that it is expedient that reservists be called out on permanent service, and

(ii) authorise the Minister to give from time to time such directions as he thinks necessary with regard to the calling out on permanent service of all or any reservists.

( b) The Government may by proclamation revoke any proclamation made under paragraph ( a) of this subsection.

( c) If, at the time a proclamation is made under paragraph (a) of this subsection, either House of the Oireachtas stands adjourned, that House shall be summoned to meet as soon as conveniently may be.

( d) Every proclamation under this subsection shall, as soon as may be after it is made, be laid before each House of the Oireachtas and be published in the Iris Oifigiúil.

(2) Where—

( a) the Minister, in pursuance of a proclamation made under paragraph ( a) of subsection (1) of this section, gives directions with regard to the calling out on permanent service of any reservists, and

( b) either or both of the following things are done—

(i) a notice (in this subsection referred to as a special notice) is served on each reservist to whom the directions relate requiring him to attend at the time specified in such special notice at his mobilisation centre, or

(ii) a notice (in this subsection referred to as a general notice) is published, in the prescribed manner, requiring every reservist to whom the directions relate to attend at the time indicated in respect of him in such general notice at his mobilisation centre,

the following provisions shall have effect—

(I) such reservist shall, for the purposes of this Act, stand called out on permanent service as from, in case a special notice is served on him, the time at which he is required by such special notice to attend at his mobilisation centre or, in case a general notice is published in the prescribed manner, the time specified in respect of him in such general notice as the time at which he is to attend at his mobilisation centre;

(II) such reservist shall, unless sooner released by the prescribed military authority, remain called out on permanent service so long as the said proclamation remains in force.

(3) In this section, the expression “ mobilisation centre” means, in relation to a reservist, the place which has in accordance with regulations made by the Minister under this Act been designated as his mobilisation centre.

Calling out of certain reservists on permanent service otherwise than under section 87.

88

88. (1) This section applies to a reservist—

( a) who has entered into an agreement in writing to be liable to be called out on permanent service under this section, and

( b) who has not revoked such agreement (which revocation may be effected by his giving three months’ notice in writing to a prescribed officer).

(2) Whenever operations for the defence of the State are in preparation or in progress, the Government may authorise the Minister to give such directions as he thinks necessary with regard to the calling out on permanent service of reservists to whom this section applies.

(3) Where—

( a) the Minister in pursuance of an authorisation under subsection (2) of this section gives directions with regard to the calling out on permanent service of any reservists, and

( b) a notice is served on any reservist to whom the directions relate requiring him to attend at a specified time and place,

the following provisions shall have effect—

(i) that reservist shall, for the purposes of this Act, stand called out on permanent service as from the time at which he is required by the notice to attend,

(ii) that reservist shall cease to be called out on permanent service on the expiration of the period of three months after being so called out unless—

(I) a proclamation authorising the calling out of reservists on permanent service has been made and is then in force, or

(II) he is sooner released by the prescribed military authority,

(iii) if a proclamation authorising the calling out of reservists on permanent service is in force on the expiration of that period, then, unless he has been sooner released by the prescribed military authority—

(I) he shall continue to stand called out on permanent service,

(II) section 87 shall apply in respect of him as if he had been called out on permanent service under that section.

Service of reservist called out on permanent service.

89

89.Every reservist who is called out on permanent service shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

Calling out of reservists in aid of the civil power.

90

90. (1) The Minister may, at anytime when occasion appears to require, direct that all or so many reservists as he thinks necessary be called out in aid of the civil power in the maintenance or restoration of the public peace.

(2) Whenever a direction is given by the Minister under this section, a notice shall be served on every reservist to whom the direction relates requiring him to attend at a time and place specified in such notice, and such reservist shall after that time, for the purposes of this Act, stand called out in aid of the civil power and remain called out in aid of the civil power until the prescribed military authority directs his release.

Service of reservists called out in aid of the civil power.

91

91.Every reservist who is called out in aid of the civil power shall be liable to render military service at any place within the State.

Annual training of reservists.

92

92. (1) All or any reservists shall be liable to undergo training, within the State or on board State ships outside the territorial seas of the State, at such times and for such periods (not exceeding in any one year thirty days) as may be prescribed, and for that purpose may be called out from time to time as often as may be necessary and may be required to attend at such places as the Minister may direct.

(2) Where a reservist is in pursuance of this section called out for training, notice of such calling out and of the time and place at which he is to attend shall be served on him.

Voluntary training of reservists.

93

93.The Minister may by regulations provide for the voluntary attendance of any reservist for such training as may be prescribed by the regulations.

Attendance of reservists for inspection.

94

94. (1) The Minister may make regulations in relation to the periodical attendance for periods (none of which shall exceed seventy-two hours) at specified places of reservists for inspection and such other purposes as may be specified in the regulations.

(2) Whenever a reservist is required to attend in pursuance of regulations made under this section, notice of such requirement and of the time and place at which he is to attend shall be served on him.

Attachment of reservists called out on permanent service, etc.

95

95. (1) Where a reservist is called out on permanent service or in aid of the civil power or for training under section 92, he may, during the period of such calling out, be employed for service with, or be attached to, any staff, unit or other element of the Defence Forces.

(2) While a reservist is voluntarily attending for training in pursuance of regulations made under section 93 or a reservist is attending any place in pursuance of regulations made under section 94, he may be attached to any staff, unit or other element of the Defence Forces.

Service of notices on reservists.

96

96.Where a notice is permitted or required by this Chapter to be served on a reservist, it may be served on him—

( a) by delivering it to him, or

( b) by leaving it at his last registered place of abode, or

( c) by sending it by post in an envelope addressed to him at his last registered place of abode.

Chapter IV.

Pay and Allowances of Members of the Defence Forces.

Regulations as to pay, allowances and gratuities of members of the Defence Forces.

97

97. (1) The Minister may make regulations in relation to the following matters—

( a) the rates and scales of pay, allowances and gratuities of members of the Defence Forces,

( b) the grants which may be made to members and units of the Defence Forces,

( c) the conditions applicable to the issue of such pay, allowances, gratuities and grants.

(2) ( a) The Minister may, with the consent of the Minister for Finance, make regulations in relation to the following matters—

(i) the forfeitures and deductions to which the pay, allowances and gratuities of and grants to members of the Defence Forces may be subjected,

(ii) the deductions to which grants to units of the Defence Forces may be subjected,

(iii) the disposition of such forfeitures and deductions,

(iv) the manner in which and the procedure whereby such forfeitures and deductions or any other deductions authorised by this Act are to be made, and such forfeitures and deductions may be made and disposed of accordingly.

( b) Regulations made under this subsection shall not prescribe—

(i) forfeiture of pay except in respect of—

(I) absence on desertion or without leave,

(II) custody, imprisonment or detention,

(III) absence from duty on account of a disease or disability arising out of the commission of any offence,

(IV) unclaimed amounts;

(ii) deductions from pay except in respect of—

(I) articles or services provided,

(II) marriage allotment,

(III) fines, penalties, damages, compensation or costs awarded,

(IV) public or service property lost, deficient, damaged or destroyed,

(V) public or service debt or disallowance,

(VI) unauthorised expenditure or commitment.

( c) The total deduction to be made under regulations made under this subsection from the pay of a man, except a man who is being transferred to the Reserve Defence Force or discharged from the Defence Forces, shall not in any week exceed such sum as would cause him to receive less than one-third of his pay for that week.

( d) Every regulation made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation has been laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(3) Any forfeiture or deduction made under subsection (2) of this section may be remitted by the Minister in whole or in part.

(4) References to pay, allowances, gratuities or grants in this Chapter shall be construed as references to pay, allowances, gratuities or grants payable under regulations made under subsection (1) of this section.

Deductions from pay of man in respect of certain court orders.

98

98. (1) This section applies to—

( a) an order made by a civil court under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886,

( b) an order made by a civil court under section 75 or 82 of the Children Act, 1908,

( c) an order made by a civil court under section 99 of the Children Act, 1908, ordering the parent or guardian of an offender to pay a fine, damages or costs,

( d) an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930),

( e) an order made by the District Court under section 28 or 29 of the Public Assistance Act, 1939 (No. 27 of 1939),

( f) an order made by a civil court under section 232 or 233 of the Mental Treatment Act, 1945 (No. 19 of 1945),

( g) an order made by a civil court for payment of any moneys due as alimony under a deed of separation,

( h) an order made by a civil court for payment of alimony.

(2) Where an order to which this section applies is made against a person who is or subsequently becomes a man of the Permanent Defence Force and a copy of such order is sent to the Minister, the prescribed authority shall order to be deducted from the pay of such person as a man of the Permanent Defence Force and to be appropriated in satisfaction or part satisfaction of the amount (including any arrears accrued and any costs and expenses) payable under the order such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the prescribed authority thinks fit.

(3) Where a reservist is called out on permanent service, subsection (2) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.

Annotations:

Modifications (not altering text):

C29

Application of subs. (1) extended (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 20G(2)(b) as inserted by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 1, commenced on enactment.

Enforcement of enforceable maintenance orders.

20G.— ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of— ...

( b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954, and

...

to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate.

C30

Application of subs. (1) extended (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(2)(b).

10.— ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of— ...

( b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954 (No. 18 of 1954), and

...

to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate.

C31

Application of subs. (1)(h) extended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 135(1), S.I. No. 648 of 2010.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

135.— (1) The reference in section 98 (1)( h) of the Defence Act 1954 to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, periodical payments order or secured periodical payments order made under this Act.

...

C32

Application of subs. (1) extended (1.03.2002) by European Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(3), in effect as per reg. 2

Enforcement of enforceable maintenance orders

6. ...

(3) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of — ...

(b) section 98(1) of the Defence Act 1954 ( No. 18 of 1954 ), and

...

to be an order made by the District Court under section 5, 5A or 21A of the Act of 1976, as may be appropriate.

C33

Application of subs. (1) extended (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 9(2), S.I. No. 353 of 1999.

Enforcement of Community maintenance orders by the District Court.

9.— ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of— ...

(b) section 98 (1) of the Defence Act, 1954, and

...

to be an order made by the District Court under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, as may be appropriate.

...

C34

Application of subs. (1)(h) extended (27.02.1997) by Family Law Divorce Act 1996 (33/1996), s. 29, commenced as per s. 1(2).

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

29.—The reference in section 98 (1) ( h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, a periodical payments order and a secured periodical payments order.

C35

Application of subs. (1)(h) extended (1.08.1996) by Family Law Act 1995 (26/1995), s. 21, S.I. No. 46 of 1996.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

22.—The reference in section 98 (1) (h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, a periodical payments order and a secured periodical payments order.

C36

Application of section extended (31.10.1995) by Child Care Act 1991 (17/1991), s. 78(1), S.I. No. 258 of 1995.

Maintenance-saver in relation to members of Defence Forces.

78.—(1) Section 98 of the Defence Act, 1954 (which provides for deductions from pay of members of the Permanent Defence Force and reservists called out on permanent service in respect of court orders under sections 75, 82 or 99 of the Children Act, 1908) shall apply in like manner to an order made under section 18.

...

C37

Application of subs. (1)(h) extended (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 27, commenced as per s. 46(2).

Application of maintenance and periodical payment orders to men of Defence Forces.

27.—The reference in section 98 (1) ( h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including references to an order for maintenance pending suit, a periodical payments order and a secured periodical payments order.

C38

Application of section extended (14.06.1988) by Status of Children Act 1987 (26/1987), s. 24(1), commenced as per s. 1(2)(b).

Amendment of Defence Act, 1954.

24.—(1) The reference in section 98(1)( d) of the Defence Act, 1954, to an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930, shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).

...

C39

Application of section extended (6.05.1976) by Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976), s. 30(1), commenced as per s. 2.

Repeals.

30.—(1) The Married Women (Maintenance in case of Desertion) Act, 1886, section 13 of the Illegitimate Children (Affiliation Orders) Act, 1930, section 7 of the Enforcement of Court Orders Act, 1940, and section 18 of the Courts Act, 1971, are hereby repealed, and the reference in section 98 (1) ( a) of the Defence Act, 1954, to an order made by a civil court under section 1 of the said Married Women (Maintenance in case of Desertion) Act, 1886, shall be construed as a reference to an order under section 5, 6, or 7 of this Act or an order under section 8 of this Act (in so far as it is deemed under that section to be a maintenance order).

...

Editorial Notes:

E15

Previous affecting provision: application of section extended (1.06.1988) by Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988), s. 7(2)(a), S.I. No. 91 of 1988; repealed (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 23, S.I. No. 353 of 1999.

Deductions from pay of man in respect of maintenance of wife and children.

99

99. (1) Where it appears to the Minister that a person who is or subsequently becomes a man of the Permanent Defence Force has deserted or left in destitute circumstances, without reasonable cause, F50 [ his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under F51 [ an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State and recognised under that Act ] ) ] under the age of sixteen years, the Minister may order to be deducted from the daily pay of such person as a man of the Permanent Defence Force and applied in such manner as the Minister thinks fit towards the maintenance of F50 [ the spouse or any such children ] such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the Minister thinks fit.

(2) Where a reservist is called out on permanent service, subsection (1) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.

Annotations:

Amendments:

F50

Substituted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 24(2), commenced as per s. 1(2)(b).

F51

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 160, S.I. No. 511 of 2010.

Modifications (not altering text):

C40

Application of section extended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 135(2), S.I. No. 648 of 2010.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

135.— ...

(2) The references in section 99 of the Defence Act 1954 to a wife shall be construed as including a reference to a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

C41

Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 5, S.I. No. 19 of 1980.

Application of section 99 of Principal Act to women.

5.—The provisions of section 99 of the Principal Act shall apply in the case of a woman who holds a non-commissioned rank and for that purpose references in that section to a wife shall be construed as references to a husband.

Restrictions on deductions from pay, etc.

100

100. (1) No deduction shall be made from any pay, allowance, gratuity or grant unless—

( a) the deduction is authorised by regulations made under subsection (2) of section 97, or by sections 98 or 99 or by an Act of the Oireachtas, or

( b) the deduction is authorised by subsection (2) of this section.

(2) Where a member of the Defence Forces consents in writing to such deduction and the deduction has the approval of the prescribed authority, a deduction may be made from that member’s pay, allowances, gratuities or grants.

(3) Pay, allowances, gratuities and grants shall not be capable of being attached or otherwise made available by civil process for the payment of any debt.

Withholding of pay in certain cases.

101

101.Where any question arises as to—

( a) whether any pay, allowance, gratuity or grant is due, or

( b) the amount of any pay, allowance, gratuity or grant due, or

( c) whether a forfeiture or deduction falls to be made of or from any pay, allowance, gratuity or grant, or

( d) the amount of a forfeiture or deduction to be made of or from any pay, allowance, gratuity or grant due,

the question shall be determined with all convenient speed and, pending such determination, the pay, allowance, gratuity or grant may be withheld, in whole or in part.

Prohibition of assignment of pay, etc.

102

102.Every instrument (being an assignment of, a charge on, or an agreement to assign or charge any pay, allowance, gratuity or grant) made by a member of the Defence Forces shall be void except—

( a) it is made, in pursuance of any regulation made in this behalf by the Minister, for the benefit of the family (including an illegitimate child) of that member, or

( b) it is authorised by subsection (2) of section 100 or by an Act of the Oireachtas.

Chapter V.

Disqualifications, Exemptions and Privileges of Members of the Defence Forces.

Prohibition of membership of political and secret societies.

103

103. (1) A member of the Permanent Defence Force shall not join, or be a member of, or subscribe to, any political organisation or society or any secret society whatsoever.

(2) A member of the Reserve Defence Force shall not join, or be a member of, or subscribe to, any secret society whatsoever.

(3) The Minister may by regulations—

( a) prohibit officers of the Reserve Defence Force, who are, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, for the time being continuously engaged in military service or duties for which, as officers of the Reserve Defence Force they are liable, from participating in specified political activities, and

( b) prohibit reservists who stand called out on permanent service from participating in those specified political activities.

Disqualification for membership of a local authority.

104

104. (1) For the purposes of this section—

( a) the expression “ local authority” means a local authority for the purposes of the Local Government Acts, 1925 to 1946, and includes F52 [ an education and training board ] and a committee of agriculture;

( b) an officer of the Reserve Defence Force shall be deemed to be actively employed whenever, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, he is employed continuously on military service or duty;

( c) a reservist shall be deemed to be actively employed whenever he is called out on permanent service.

(2) ( a) A member of the Permanent Defence Force shall be disqualified from being elected or co-opted or appointed or being a member of a local authority.

( b) If a person, who is for the time being a member of a local authority, becomes a member of the Permanent Defence Force, he shall thereupon cease to be a member of that local authority.

(3) ( a) A member of the Reserve Defence Force shall, during any period during which he is actively employed, be disqualified from being elected or co-opted or appointed a member of a local authority.

( b) The following provisions shall apply to a member of the Reserve Defence Force who is for the time being a member of a local authority—

(i) he shall not, during any period during which he is actively employed, act as a member of that local authority and if he does he shall thereupon cease to be a member of that local authority,

(ii) notwithstanding anything contained in any enactment relating to local authorities, he shall not by reason only of his absence from meetings of that local authority during such period be disqualified or vacate his office as a member of that local authority.

Annotations:

Amendments:

F52

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s 72(1), sch. 6, item 1, S.I. No. 211 of 2013.

Exemption from jury service.

105

105. F53 [ ]

Annotations:

Amendments:

F53

Repealed (2.03.1976) by Juries Act 1976 (4/1976), s. 4 and sch. 2, commenced on enactment.

Arms, etc., of members of the Defence Forces to be exempt from seizure.

106

106.The arms, ammunition, equipment, service necessaries and clothing of a member of the Defence Forces shall not be liable to be seized under any order, decree or warrant of a court or any document having the same force and effect as such order, decree or warrant or under any other form of distraint.

Exemption of men from civil process.

107

107. F54 [ (1) An order shall not be made under section 8 of the Enforcement of Court Orders Act, 1940 , directing the imprisonment of any person

( a ) who is a man of the Permanent Defence Force, or

( b ) who is a reservist and is for the time being called out on permanent service.

(2) An order shall not be made under section 6 of the Debtors Act (Ireland), 1872, or under section 6 of the Enforcement of Court Orders Act, 1940 , directing the imprisonment of any person

( a ) who is a man of the Permanent Defence Force on active service, or

( b ) who is a reservist and is for the time being called out on permanent service. ]

(3) Notwithstanding anything contained in paragraph (22) of section 133 of the Children Act, 1908, an order made, under either section 75 or 82 of that Act, against a person who is or becomes a man shall not be enforceable by the imprisonment of such person, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

(4) Notwithstanding anything contained in subsection (5) of section 99 of the Children Act, 1908, any sums imposed and ordered to be paid by a parent or guardian under the said section or on forfeiture of any such security as is referred to in the said section, shall not be capable of being recovered in the manner mentioned in the said subsection against a person who is or becomes a man, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

Annotations:

Amendments:

F54

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 10, commenced on enactment.

Modifications (not altering text):

C42

Application of section extended (31.10.1995) by Child Care Act 1991 (17/1991), s. 78(2), S.I. No. 258 of 1995.

Maintenance-saver in relation to members of Defence Forces.

78.— ...

(2) Section 107 of the Defence Act, 1954 (which provides that court orders made under the aforementioned sections against a member of the Permanent Defence Force or a reservist during any period when he is called out on permanent service shall not be enforceable by imprisonment) shall apply in like manner in the case of an order made under section 18.

Editorial Notes:

E16

Previous affecting provision: subs. (2) deleted (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 5(b), commenced as per s. 9(2).

Exemption from prosecution, etc., under section 83 of the Public Assistance Act, 1939.

108

108.A man of the Permanent Defence Force or a reservist, during any period during which he is called out on permanent service, shall not be liable to be prosecuted or punished for any offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939).

Obstruction, etc., of member of Garda Síochána.

109

109. (1) If any officer wilfully neglects or refuses on lawful application to deliver over to a member of the Garda Síochána or wilfully obstructs or wilfully neglects or refuses to assist a member of the Garda Síochána in lawfully apprehending, any member of the Defence Forces under his command who is accused or convicted of an offence, other than a man accused of an offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939), such officer shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for any term not exceeding two years.

(2) Where an officer is convicted of an offence under subsection (1) of this section, the court before which he was convicted shall cause a certificate of the judgment of the court to be sent to the Minister.

Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.

110

110.Where a member of the Defence Forces is convicted or acquitted by a court-martial of an offence such person shall not be liable to be tried subsequently by a civil court for that offence.

Protection of persons acting under this Act.

111

111. (1) Where after the commencement of this Act any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act, the following provisions shall have effect, that is to say:—

( a) such action, prosecution or proceeding shall be brought in the High Court;

( b) F55 [ ]

( c) F55 [ ]

( d) F55 [ ]

( e) F55 [ ]

( f) F55 [ ]

(2) Every action against a member or minister of a court-martial in respect of a sentence of such court-martial or of anything done by virtue, or in pursuance, of such sentence shall be brought in the High Court.

Annotations:

Amendments:

F55

Repealed (1.01.1955) by Public Authorities (Judicial Proceedings) Act 1954 (27/1954), s. 2(5) commenced as per s. 1, subject to transitional provision in s. 2(b).

Exemption from duties and tolls.

112

112. (1) No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing place, highway, road, right of way, bridge or canal, shall be paid by or demanded from any unit or other element of the Defence Forces or an officer or man when on duty or any person under escort or in respect of the movement of any matériel of the Defence Forces.

(2) Nothing in subsection (1) of this section shall affect the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of the Defence Forces.

Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.

113

113. (1) In this section, the expression “ the Act of 1933” means the Road Traffic Act, 1933 (No. 11 of 1933).

(2) Sections 22 and 39 of the Act of 1933 shall not apply in respect of the driving of a mechanically propelled vehicle, which is the property of the State or otherwise under the control of the Minister, by any member of the Defence Forces while on duty.

(3) The following provisions of the Act of 1933 shall not apply during a period of emergency in respect of any member of the Defence Forces while on duty, that is to say, sections 22 and 49, subsection (2) of section 149, subsection (5) of section 159 and sections 164 and 166.

Chapter VI.

Miscellaneous Provisions.

Redress of wrongs.

114

114. (1) If an officer thinks himself wronged in any matter by any superior or other officer, including his commanding officer, he may complain thereof to his commanding officer and if, but only if, his commanding officer does not deal with the complaint to such officer’s satisfaction, he may complain in the prescribed manner to the F56 [ Chief of Staff ] who shall inquire into the complaint and give his directions thereon.

(2) If any man thinks himself wronged in any matter by any officer, other than his company commander, or by any man he may complain thereof to his company commander, and if he thinks himself wronged by his company commander either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his commanding officer, and if he thinks himself wronged by his commanding officer, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof in the prescribed manner to F57 [ the Chief of Staff ] , F58 [ ] who shall inquire into the complaint and give his directions thereon.

(3) Every officer to whom a complaint is made in pursuance of this section shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of, and shall in every case inform the complainant in the prescribed manner as to what action has been taken in respect of the matter complained of.

F59 [ (3A) The Chief of Staff shall cause every complaint seeking redress of wrongs under this section that is made in writing to be notified to the Minister and the Ombudsman for the Defence Forces as soon as practicable following the making of such complaint.

(3B) Where the Ombudsman for the Defence Forces has made a notification in writing in accordance with section 7 of the Ombudsman (Defence Forces) Act 2004, that section 5 (1)(c), section 5 (1)(d)(ii), section 5 (1)(e)(ii)or section 5 (1)(g) of the Ombudsman (Defence Forces) Act 2004 applies to a complaint made under that Act by an officer or a man, the officer or the man, as the case may be, may submit that complaint to the Minister for determination by him or her.

(3C) The Minister may make regulations concerning the manner in which a notification referred to in subsection (3A) of this section and a report on such notification are to be made and the manner in which a complaint is to be submitted under subsection (3B) and without prejudice to the generality of the foregoing, the regulations may

( a ) specify a period or periods within which such reports are to be submitted and complaints referred, and

( b ) the form and content of such notifications, reports and submissions. ]

(4) The Minister shall make regulations providing for the personal submission, by any person subject to this Act, of any grievance to such officer and on such occasions as may be prescribed by such regulations.

F60 [ (5) This section shall not apply to

( a ) any determination made, punishment awarded or compensation order made under section 177C, 178C or 179C, or

( b ) the decision of a summary court-martial under section 178G following an appeal under section 178E. ]

Annotations:

Amendments:

F56

Substituted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 13(a), S.I. No. 568 of 2005.

F57

Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 6, S.I. No. 366 of 1998.

F58

Deleted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 13(b), S.I. No. 568 of 2005.

F59

Inserted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 13(c), S.I. No. 568 of 2005.

F60

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 9, commenced as per s. 1(3).

Modifications (not altering text):

C43

Further recourse provided (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 4(2)(d), S.I. No. 568 of 2005.

Functions of Ombudsman.

4.— ...

(2) Subject to this Act, the Ombudsman may investigate any action that is the subject of a complaint made by a person affected by the action if, having carried out a preliminary examination of the matter, it appears to the Ombudsman that— ...

(d) in the case of a serving member of the Defence Forces, the matter is not likely to be resolved and a period of 28 days has expired since the complaint was made under section 114 of the Act of 1954.

...

Editorial Notes:

E17

Complaint under section an alternative to complaint under Ombudsman (Defence Forces) Act 2004 as provided (15.07.2014) by Protected Disclosures Act 2014 (14.2014), s. 13(2)(b)(iii), S.I. No. 327 of 2014.

Collection and distribution of certain property of deceased members of the Defence Forces.

115

115. (1) In this section, the expression “ service estate” means in relation to a deceased member of the Defence Forces—

( a) pay, allowances, gratuities or grants due to him,

( b) personal equipment which he is under regulations permitted to retain,

( c) personal belongings, including money, found on him or in barracks, camp or quarters or otherwise in the care or custody of the Defence Forces.

(2) The service estate of a deceased member of the Permanent Defence Force or of an officer of the Reserve Defence Force who dies while employed on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force or during a period during which reservists are called out on permanent service under section 88 or of a man of the Reserve Defence Force who dies while called out on permanent service may be collected, administered and distributed in accordance with regulations made by the Minister.

Disposal of personal belongings of deserter, absentee or person of unsound mind.

116

116.The personal belongings and decorations of a member of the Defence Forces who is a deserter or is absent without leave for twenty-one days or who becomes of unsound mind which are found in barracks, camp or quarters or otherwise in the care or custody of the Defence Forces shall be disposed of in accordance with regulations made by the Minister.

Regulations for purposes of Part IV.

117

117.The Minister may make regulations in relation to all or any of the following—

( a) the assignment, whether by appointment, transfer or otherwise, of members of the Defence Forces to or within service corps, staffs, units or other elements of the Defence Forces,

( b) the manner in which recruits are to be appointed to service corps,

( c) the transfer of a man from one service corps to another,

( d) any person, matter or thing referred to in this Part as prescribed,

( e) any other matter or thing which is referred to in this Part as the subject of regulations and in respect of which express power is not conferred on the Minister to make regulations.

PART V.

Discipline.

Chapter I.

Liability to Military Law.

Persons subject to military law as officers.

118

118. (1) Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as an officer—

( a) an officer of the Permanent Defence Force at all times,

( b) an officer of the Reserve Defence Force when—

(i) he is ordered or employed on service or duty for which as an officer of the Reserve Defence Force he is liable, or

(ii) he is in uniform,

( c) an officer of the Reserve Defence Force (whether in receipt of pay or otherwise) during and in respect of a time when—

(i) he is, with his own consent, attached to or doing duty with any body of troops for the time being subject to military law or ordered on duty by the military authorities, or

(ii) he is voluntarily attending training, or

(iii) he is undergoing treatment in a military hospital,

( d) subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who, under the general or special orders of the Minister, accompanies in an official capacity equivalent to that of an officer any portion of the Defence Forces which is on active service,

( e) any person not otherwise subject to military law, accompanying a portion of the Defence Forces which is on active service, who holds from the commanding officer of that portion a pass, revocable at the pleasure of such commanding officer, entitling him to be treated on the footing of an officer.

(2) For the purposes of this section and section 119, a portion of the Defence Forces shall be on active service—

( a) during a period during which an order under subsection (2) of section 5 is in force, or

( b) whenever that portion is engaged in operations against an enemy, or

( c) whenever that portion is engaged in military operations in a place wholly or mainly occupied by an enemy.

Persons subject to military law as men.

119

119.Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as a man—

( a) a man of the Permanent Defence Force at all times,

( b) a reservist when—

(i) he is called out on permanent service or in aid of the civil power, or

(ii) he is called out for training, exercise or other duty under this Act, or

(iii) he is voluntarily attending training, or

(iv) he is undergoing treatment in a military hospital, or

(v) he is employed on military service under the orders of an officer, who is himself subject to military law, or

(vi) he is in uniform,

( c) subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who is employed by or is in the service of any portion of the Defence Force which is on active service,

( d) any person, not otherwise subject to military law, who is a follower of or accompanies any portion of the Defence Forces which is on active service.

Liability to military law in respect of status.

120

120. (1) Where an offence against military law has been committed by any person while subject to military law, such person may, subject to subsection (2) of this section, be taken into and kept in service custody and tried and punished for such offence, although he or the unit to which he belongs has ceased to be subject to military law, in like manner as he might have been taken into and kept in service custody, tried or punished, if he or such unit had continued to be so subject.

F61 [ (2) Where

( a ) an offence (other than that of mutiny, desertion, fraudulent enlistment or a civil offence committed by a person subject to military law while he was on active service outside the State or while he was despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ) against military law triable by court-martial under this Act has been committed by any person while subject to military law, and

( b ) such person has since commission of the offence ceased to be subject to military law,

that person may not be tried for the offence unless he is charged with the offence in accordance with this Act within six months beginning on the date on which he ceased to be so subject, but nothing in this subsection shall be construed as affecting the jurisdiction of a civil court where the offence is triable by that court as well as by court-martial. ]

F62 [ (3) Where a person subject to military law is sentenced by a court-martial to a term of imprisonment or detention and is in service custody, this Act shall apply to the person during the term of that sentence, notwithstanding that the person is discharged or dismissed from the Defence Forces or has otherwise ceased to be subject to military law, and the person may be kept, removed, imprisoned, made to undergo detention and punished accordingly as if the person continued to be subject to military law. ]

Annotations:

Amendments:

F61

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 12, commenced on enactment as per s. 1(3).

F62

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 12, commenced on enactment as per s. 1(3).

Editorial Notes:

E18

Previous affecting provision: subs. (3) amended by deletion of “penal servitude” (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 4, commenced as per s. 1; subs. (3) substituted as per F-note above.

F63 [ Modification of Part V in its application to civilians subject to military law.

121

121. In the application of this Part to persons who do not belong to the Defence Forces, the following modifications shall be made:

( a ) where an offence against military law has been committed by any person subject to military law who does not belong to the Defence Forces and the person is remanded for trial by court-martial under this Act, that person may be tried by such class of court-martial as the Director directs and, on conviction, dealt with and punished accordingly;

( b ) any person subject to military law who does not belong to the Defence Forces shall, for the purpose of this Part, be deemed to be under the command of the prescribed officer, and that person, subject to the right to elect to be tried by court-martial pursuant to section 177B or 178B, as appropriate, may, with the prior consent of the Director, be dealt with summarily and punished under Chapter IV of this Part, according to whether the person is subject to military law as an officer or as a man. ]

Annotations:

Amendments:

F63

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 13, S.I. No. 254 of 2008.

Modifications (not altering text):

C44

Officer prescribed for the purposes of the section(1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), rl. 71, in effect as per rl. 1(2).

Prescribed officer

71. Each of the officers specified in column 2 of the table to this rule is hereby declared to be a prescribed officer for the purpose of the section or subsection, as the case may be, of the Act specified in column 1 of that table opposite the mention of each such officer.

Column 1

Column 2

Section 121(b)

The officer in immediate command of that portion of the Defence Forces which the person is accompanying or to which he or she is attached.

...

Place of trial for offences against military law.

122

122.Any person subject to military law who commits any offence against military law may be tried and punished for such offence at any place within or without the State.

Time limit for trial of offences.

123

123. F64 [ (1) Subject to subsection (1A), a person subject to military law shall not be charged with an offence (other than that of mutiny, desertion, fraudulent enlistment or a civil offence committed by a person subject to military law while he was on active service outside the State or while he was despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ) against military law triable by court-martial under this Act after the end of six years beginning with the date of commission of the offence. ]

F65 [ (1A) Proceedings for the summary disposal of a scheduled offence under Chapter IV of this Part may be commenced

( a ) at any time within 12 months from the date on which the offence was committed, or

( b ) at any time within 12 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings comes to that person s knowledge,

whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.

(1B) In calculating a period referred to in subsection (1) or (1A) of this section there shall not be included any period during which the person is certified by his commanding officer as being

( a ) on active service,

( b ) despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ,

( c ) otherwise engaged in any other essential operational duties within or outside the State,

( d ) absent without leave, or

( e ) unavailable for investigation due to illness. ]

(2) This section shall not affect the jurisdiction of a civil court in the case of any offence triable by such court as well as by court-martial.

Annotations:

Amendments:

F64

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 14(a), commenced on enactement as per s. 1(3).

F65

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 14(b), commenced on enactment as per s. 1(3).

Chapter II.

Offences against Military Law.

Capital offences by commanders when in action.

124

124.Every officer subject to military law and in command of a State ship, service aircraft, defence establishment, unit or other element of the Defence Forces—

( a) who, when under orders to carry out an operation of war or on coming into contact with an enemy that it is his duty to engage, negligently or through other default, does not use his utmost exertion to bring the officers and men under his command or his ship, aircraft, or his other matériel into action, or

( b) who, when capable of making a successful defence, surrenders his ship, aircraft, vehicle, defence establishment, matériel or unit to the enemy, or

( c) who, being in action, unjustifiably withdraws from the action, or

( d) who unjustifiably fails to pursue an enemy or to consolidate a position gained, or

( e) who unjustifiably fails to relieve or assist a known friend to the utmost of his power, or

( f) who, when in action, unjustifiably forsakes his station,

in guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F66 [ imprisonment for life ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F66

Substituted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(b), commenced on enactment.

Capital offences by any person in relation to the enemy.

125

125.Every person subject to military law—

( a) who treacherously deserts to the enemy, or

( b) who treacherously or without due authority sends a flag of truce to the enemy, or

( c) who treacherously or without due authority holds communication with or gives intelligence to the enemy, or

( d) who misbehaves or induces others to misbehave before the enemy in such a way as to show cowardice, or

( e) who assists the enemy with matériel, or

( f) who knowingly harbours or protects an enemy not being a prisoner, or

( g) who treacherously assists the enemy by giving a false identification or other signal or altering or interfering with any signal, or

( h) who improperly delays or treacherously or in a cowardly manner discourages any action against the enemy, or

( i) who, when ordered to carry out an operation of war, negligently or through other default fails to use his utmost exertion to carry the orders into effect, or

( j) who treacherously or unjustifiably abandons or delivers up any defence establishment, garrison, place, State ship, service aircraft, vehicle or animal, matériel, post or guard, or

( k) who knowingly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of matériel, or

( l) who treacherously assists the enemy in any way not specifically hereinbefore mentioned in this section, or

( m) who, while serving in a State ship involved in the convoying and protection of vessels,—

(i) fails to defend the vessels and goods under convoy, or

(ii) refuses to fight in defence of the vessels in his convoy if they are attacked, or

(iii) cowardly abandons or exposes the vessels in his convoy to hazards,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F67 [ imprisonment for life ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F67

Substituted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(b), commenced on enactment.

Offences punishable more severely on active service than at other times.

126

126. (1) In this section, the word “ safeguard” means any party of the Defence Forces detached for the purpose of protecting some person or persons or for the purpose of protecting, or of preventing or controlling access to, any premises or place or for the purpose of regulating traffic on any road, railway or inland navigation, and includes any sentry being a member of the Defence Forces posted for any of the said purposes.

(2) Every person subject to military law—

( a) who, when acting as sentry or lookout or otherwise when on watch or guard, leaves his watch, guard, picket, patrol or post before he is regularly relieved or sleeps or is F68 [ under the influence of an intoxicant ], or

( b) who, without orders from his superior officer, leaves his watch, guard, picket, patrol or post, or

( c) who, without due authority, discloses in any manner whatsoever any information relating to the number, position, matériel, movements, preparations for movements, operations or preparations for operations of the Defence Forces or any portion thereof or to any State ships, service aircraft or vehicles, or

( d) who makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it or gives, without good and sufficient cause, a parole, watchword, password, countersign or identification signal different from that which he received, or

( e) who, without due authority, alters or interferes with any identification or other signal, or

( f) who unjustifiably occasions false alarms, or

( g) who forces a safeguard or forces, strikes or molests a sentinel, or

( h) who loots or plunders or breaks into any house or place with intent to loot or plunder, or

( i) who, without orders from his superior officer, or without reasonable cause, wilfully destroys or damages any property, or

( j) who does violence to any person bringing matériel to the Defence Forces, or

( k) who, without proper authority, detains or appropriates to the unit of the Defence Forces with which he is serving any matériel being conveyed to any other unit of the Defence Forces, or

( l) who impedes the provost marshal or any officer or man legally exercising authority under or on behalf of the provost marshal, or, when called on, refuses to assist in the execution of his duty the provost marshal or any such officer or man, or

( m) who knowingly does or omits to do anything the doing or omission whereof is calculated to imperil the success or prejudice the security of the Defence Forces or any portion thereof,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

(i) if he commits such offence on active service, F69 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial, or

(ii) if he commits such offence not on active service and is an officer, dismissal with F70 [ disgrace ] from the Defence Forces or any less punishment awardable by a court-martial, or

(iii) if he commits such offence not on active service and is a man, imprisonment or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F68

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

F69

Substituted (22.04.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, par. 5, commenced as per s. 1.

F70

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Offences related to prisoners of war.

127

127.Every person subject to military law—

( a) who, by want of due precaution, or through disobedience of orders or wilful neglect of duty, is taken prisoner, or

( b) who, having been taken prisoner, fails to rejoin the Defence Forces when able to do so, or

( c) who, having been made a prisoner of war, serves with or aids the enemy,

is guilty of an offence against military law, and shall, on conviction by court-martial, in case he served with or aided the enemy, be liable to suffer F71 [ imprisonment for life ] or any less punishment awardable by a court-martial and, in any other case, be liable to suffer F72 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F71

Substituted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(d), commenced on enactment.

F72

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.

Mutiny with violence.

128

128.Every person subject to military law who joins in a mutiny that is accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F73 [ imprisonment for life ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F73

Substituted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(d), commenced on enactment.

Mutiny without violence.

129

129.Every person subject to military law who joins in a mutiny that is not accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F74 [ imprisonment for life ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F74

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 6, commenced as per s. 1.

Offences related to mutiny.

130

130.Every person subject to military law—

( a) who causes or conspires with any other person to cause a mutiny, or

( b) who endeavours to persuade any person to join in a mutiny, or

( c) who, being present, does not use his utmost endeavours to suppress a mutiny, or

( d) who, being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F75 [ imprisonment for life ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F75

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2, para. 6, commenced as per s. 1.

Disobedience to superior officer.

131

131.Every person subject to military law who disobeys a lawful command of a superior officer is guilty of an offence against military law and shall, F76 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer F77 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F76

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21 and sch. 6, commenced S.I. No. 254 of 2008.

F77

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.

Striking or offering violence to a superior officer.

132

132.Every person subject to military law who strikes or attempts to strike, or uses, attempts to use, or offers violence to a superior officer is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F78 [ imprisonment for life ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F78

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2, para. 6, commenced as per s. 1.

Insubordinate behaviour.

133

133.Every person subject to military law who uses threatening or insulting language to, or behaves in an insubordinate manner towards, a superior officer is guilty of an offence against military law and shall, F79 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F80 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F79

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21 and sch. 6, commenced S.I. No. 254 of 2008.

F80

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

Disorders.

134

134.Every person subject to military law—

( a) who, being concerned in a quarrel, fray or disorder, refuses to obey an officer, though of inferior rank, who orders him into arrest, or strikes or uses or offers violence to any such officer, or

( b) who strikes or uses or offers violence to any other person in whose custody he is placed, whether or not such other person is his superior officer and whether or not such other person is subject to military law, or

( c) who resists an escort whose duty it is to apprehend him or to have him in charge, or

( d) who breaks out of barracks, station, camp, quarters or ship,

is guilty of an offence against military law and shall, F81 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F82 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F81

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21 and sch. 6, commenced S.I. No. 254 of 2008.

F82

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

Desertion.

135

135. (1) Every person subject to military law who deserts or attempts to desert the Defence Forces is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

( a) if he commits such offence on active service, F83 [ imprisonment for life ] or any less punishment awardable by a court-martial, or

( b) if he commits such offence not on active service, in the case of a first offence, imprisonment F84 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial or, in the case of a second or any subsequent offence, F85 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial.

(2) ( a) For the purposes of this Act, a person deserts the Defence Forces—

(i) if, being on or having been warned for hazardous duty or important service F86 [ (which, for the purpose of this section, includes, but is not limited to, active service or service with a contingent or as a member despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ) ], he is absent without due authority with the intention of avoiding that duty or service, or

(ii) if, having been warned that his vessel is under sailing orders, he is absent without due authority with the intention of missing that vessel, or

(iii) if he absents himself without due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, or

(iv) if he is absent without due authority from his unit or formation or from the place where his duty requires him to be and at any time during such absence forms the intention of not returning to that unit, formation or place, or

(v) if, while absent with due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, he does any act or omits to do anything, the natural and probable consequence of which act or omission is to preclude his return to that unit, formation or place at the time required.

( b) For the purposes of paragraph ( a) of this subsection, a person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of not returning to his unit or formation or the place where his duty requires him to be.

Annotations:

Amendments:

F83

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2, para. 6, commenced as per s. 1.

F84

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.

F85

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14, sch. 2, para. 5, commenced as per s. 1.

F86

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 15, commenced as per s. 1(3).

Connivance at desertion.

136

136.Every person subject to military law—

( a) who, being aware of the desertion or intended desertion of a person, does not without reasonable excuse inform his superior officer forthwith, or

( b) who fails to take any steps in his power to cause the apprehension of a person known by him to be a deserter,

is guilty of an offence against military law and shall, F87 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F88 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F87

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21 and sch. 6, S.I. No. 254 of 2008.

F88

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.

Absence without leave.

137

137. (1) Every person subject to military law who absents himself without leave is guilty of an offence against military law and shall, F89 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F90 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

(2) For the purposes of this Act, a person absents himself without leave—

( a) if, without authority, he leaves his unit or formation or the place where his duty requires him to be, or

( b) if, without authority, he is absent from his unit or formation or the place where his duty requires him to be, or

( c) if, having been authorised to be absent from his unit or formation or the place where his duty required him to be, he fails to return to that unit, formation or place at the expiration of the period for which his absence was authorised,

and the expression “ absent himself without leave” shall in this Act be construed accordingly.

Annotations:

Amendments:

F89

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F90

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

False statement in respect of leave.

138

138.Every person subject to military law who knowingly makes a false statement in respect of prolongation of leave of absence is guilty of an offence against military law and shall, F91 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer, if an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or, if a man, detention or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F91

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

Scandalous conduct of an officer.

139

139.Every officer who, being subject to military law, behaves in a scandalous manner, unbecoming the character of an officer, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer dismissal with F92 [ disgrace ] from the Defence Forces or dismissal from the Defence Forces.

Annotations:

Amendments:

F92

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Ill-treatment of inferiors.

140

140.Every person subject to military law who strikes or otherwise ill-treats any member of the Defence Forces, who by reason of rank or appointment is subordinate to him, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F93 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F93

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.

False accusation against officer or man.

141

141.Every person subject to military law—

( a) who makes a false accusation against an officer or man, knowing such accusation to be false, or

( b) who knowingly makes a false statement affecting the character of an officer or man,

is guilty of an offence against military law and shall, F94 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F95 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F94

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F95

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

142

F96 [ Prohibition on being under the influence of an intoxicant.

142. (1) Every person subject to military law who, whether on duty or not on duty, due to his or her being under the influence of an intoxicant

( a ) is unfit to be entrusted with any duty that the person is or may be required to perform, or

( b ) behaves in a disorderly manner or in any manner likely to bring discredit on the Defence Forces,

is guilty of an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer

(i) in the case of an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or

(ii) in the case of a man, where the offence is committed on active service or on duty, imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial, or

(iii) in the case of a man, where the offence is committed otherwise than on active service or on duty, detention for a period not exceeding ninety days or any less punishment awardable by a court-martial.

(2) In any proceedings for an offence under this section, evidence given by a person subject to military law of his opinion that another such person was, at the material time, under the influence of an intoxicant shall, without more, be evidence, until the contrary is proved, of intoxication.

(3) In any proceedings for an offence under this section it shall be a defence for the person charged with the offence to prove that the intoxicant concerned was administered by, or taken in accordance with the directions of, a registered medical practitioner or a registered dentist (or both so administered and taken). ]

Annotations:

Amendments:

F96

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 16, commenced as per s. 1(3).

Editorial Notes:

E19

Previous affecting provision: s. 142(b) amended (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4; substituted as per F-note above.

F97 [ Drugs, etc.

142A

142A. F98 [ ] ]

Annotations:

Amendments:

F97

Inserted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 5, commenced on enactment.

F98

Repealed (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(1), S.I. No. 254 of 2008.

Editorial Notes:

E20

Previous affecting provision: s. 142A(1)(ii) amended (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4, commenced on enactment; superseded as per F-note above.

Malingering or maiming.

143

143.Every person subject to military law—

( a) who malingers or feigns or induces disease or infirmity, or

( b) who induces, aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or

( c) who wilfully maims or injures himself or any other person who is a member of the Defence Forces, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F99 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F99

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

Dilatory conduct in regard to trials.

144

144.Every person subject to military law who unnecessarily detains any other person in arrest or confinement without bringing him to trial, or fails to bring that other person’s case before the proper authority for investigation, is guilty of an offence against military law and shall, F100 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F101 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F100

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F101

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

Negligent or wilful interference with lawful custody.

145

145.Every person subject to military law—

( a) who, without proper authority, sets free or authorises or otherwise facilitates the setting free of any person in custody, or

( b) who negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or

( c) who assists any person in escaping or attempting to escape from custody,

is guilty of an offence against military law and shall, F102 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable, in case he acted wilfully, to suffer F103 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial and, in any other case, to suffer imprisonment F104 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F102

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F103

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.

F104

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

Escape from custody.

146

146.Every person subject to military law who, being in arrest or confinement or in prison or otherwise in lawful custody, escapes, or attempts to escape, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F105 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F105

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

Obstruction of officer or man carrying out police duties.

147

147.Every person subject to military law—

( a) who resists or wilfully obstructs an officer or man in carrying out any duty, performed by such officer or man with due authority, pertaining to the arrest, custody or confinement of a person subject to military law, or

( b) who, when called upon, refuses or neglects to assist an officer or man in the performance of any such duty,

is guilty of an offence against military law and shall, F106 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F107 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F106

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F107

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.

Obstruction of civil power.

148

148.Every person subject to military law—

( a) who neglects or refuses to deliver over an officer or man to the civil power, pursuant to a warrant in that behalf, or

( b) who neglects or refuses to assist in the lawful apprehension of an officer or man accused of an offence punishable by a civil court,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F108 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F108

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.

Losing, stranding or hazarding State ships.

149

149.Every person subject to military law who wilfully or negligently or through other default loses, strands, hazards or damages or suffers to be lost, stranded, hazarded or damaged any State ship, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F109 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F109

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.

150

F110 [ Unauthorised carriage on ships or aircraft.

150. Every person subject to military law who knowingly consigns, takes or receives on board, or allows to be carried on board, a State ship or service aircraft, or a ship or aircraft used for any purpose by the Defence Forces, persons, goods or merchandise that the person is not authorised to consign, take or receive on board is guilty of an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C or 178C, as the case may be, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial. ]

Annotations:

Amendments:

F110

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 17, commenced as per s. 1(3).

Editorial Notes:

E21

Previous affecting provision: section amended (11.07.1990) by Criminal Justicte Act 1990 (16/1990), s. 7 and sch. 1, para. 4; superseded as per F-note above.

Wrongful acts in relation to aircraft.

151

151.Every person subject to military law—

( a) who, in the use of or in relation to any service aircraft or service aircraft material, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or o