Defence Act 1954

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.