Defence Act 1954

Provisions in relation to discharge.

81

81. (1) A man shall not be discharged from the Permanent Defence Force or the Reserve Defence Force except in pursuance of—

( a) a direction under section 73, or

( b) an order of the prescribed military authority under section 80, or

( c) a sentence of discharge with F49 [ disgrace ] from the Defence Forces or of discharge from the Defence Forces imposed by a court-martial.

(2) The Minister may make regulations as to the manner in which and the persons by whom the discharge of men is to be carried out.

(3) Until the discharge of a person who is a man of the Permanent Defence Force or the Reserve Defence Force is carried out in accordance with regulations made under subsection (2) of this section, such person shall remain a man of the Permanent Defence Force or the Reserve Defence Force (as the case may be).

(4) Subsections (1), (2) and (3) of this section shall not apply to a reservist discharged by virtue of section 74.

Annotations:

Amendments:

F49

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.