Defence Act 1954

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.