Defence Act 1954

Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.

79

79. (1) Where there has been an error (not being a material error) in the enlistment, attestation, re-engagement or continuance in service of a person as a man of the Permanent Defence Force, such error shall not invalidate his enlistment, attestation, re-engagement or continuance in service and may be corrected by direction of the Minister.

(2) Where—

( a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

( b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

( c) such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force, and

( d) such person, within three months after he first so accepted pay, claims his discharge on the ground of such error or illegality,

then the following provisions shall apply—

(i) such person shall be discharged from the Permanent Defence Force with all convenient speed;

(ii) during the period commencing on the date of his attestation, re-engagement or continuance in service and ending on the date on which he is discharged in the manner prescribed by regulations made under section 81 he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(3) Where—

( a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

( b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

( c) such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) received pay as a man of the Permanent Defence Force, and

( d) such person does not, within three months after he first so accepted pay, claim his discharge on the ground of such error or illegality,

then such person shall, notwithstanding such error or illegality, be deemed for the purposes of this Act to have been duly attested and enlisted or re-engaged or continued in service as a man of the Permanent Defence Force.

(4) Where—

( a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

( b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

( c) such person has not after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force,

the following provisions shall have effect—

(i) such person may at any time claim his discharge, and on such claim being made he shall be discharged from the Permanent Defence Force with all convenient speed, and

(ii) until such claim is made and such person is actually discharged in the manner prescribed by regulations made under section 81, he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(5) Subsections (2), (3) and (4) of this section shall apply in respect of a person who has been attested, re-engaged or continued in service as a reservist, subject, however, to the following modifications, that is to say:—

( a) references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force, and

( b) references to pay shall be construed as references to pay, a grant or other payment.