Defence Act 1954

Service of solicitors’ apprentices in the existing Defence Forces.

318

318. (1) In this section—

the expression “ the Defence Forces” means—

( a) the force established under Part I of the Act of 1923; and

( b) the reserve force established under Part III of the Act of 1923;

the expression “ the Act of 1898” means the Solicitors (Ireland) Act, 1898;

the expression “ the emergency period” means the period which commenced on the 3rd day of September, 1939, and ended on the 1st day of September, 1946.

(2) Where any person, who was during the emergency period engaged in service in the Defence Forces, has entered or shall enter into indentures of apprenticeship with a practising solicitor, the Council of the Incorporated Law Society may, in their absolute discretion, by order declare that, subject to the fulfilment by that person of such conditions (if any) as the said Council think fit and specify in the order, such period (not exceeding the period of that person’s service in the Defence Forces during the emergency period) as the said Council think fit and specify in the order shall, for the purposes of the Act of 1898, be reckonable as actual service under the said indentures of apprenticeship.

(3) Where the Council of the Incorporated Law Society make an order under subsection (2) of this section in relation to any person, the following provisions shall, subject to the fulfilment by that person of the conditions (if any) specified in the order, apply, that is to say:—

( a) the period specified in the order shall, for the purposes of the Act of 1898, be reckonable as actual service under his indentures of apprenticeship;

( b) subsection (1) of section 25 of the Act of 1898 shall, in its application to such person, be construed as if there were inserted—

(i) after the words “such practising solicitor”, the words “ except during a period declared, by an order made in respect of him by the Council of the Incorporated Law Society under Article 3 of the Emergency Powers (No. 285) Order, 1943 (S. R. & O., No. 268 of 1943), or under section 14 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), or section 318 of the Defence Act, 1954, to be reckonable, for the purposes of this Act, as actual service under his indentures of apprenticeship ”, and

(ii) after the words “employment of a solicitor”, the words “ or service in the Defence Forces”;

( c) the forms of affidavit, for the purposes of the said section 25, prescribed by rules made under section 57 of the Act of 1898, may, in relation to that person, be modified in conformity with the amendments effected by paragraph ( b) of this subsection.

(4) An order made under Article 3 of the Emergency Powers (No. 285) Order, 1943 (S. R. & O., No. 268 of 1943), or under subsection (1) of section 14 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), shall be deemed to have been made under this section.

(5) This section shall be construed as one with the Act of 1898.