Defence Act 1954

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).