Defence Act 1954

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.