Defence Act 1954

Deductions from pay of man in respect of certain court orders.

98

98. (1) This section applies to—

( a) an order made by a civil court under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886,

( b) an order made by a civil court under section 75 or 82 of the Children Act, 1908,

( c) an order made by a civil court under section 99 of the Children Act, 1908, ordering the parent or guardian of an offender to pay a fine, damages or costs,

( d) an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930),

( e) an order made by the District Court under section 28 or 29 of the Public Assistance Act, 1939 (No. 27 of 1939),

( f) an order made by a civil court under section 232 or 233 of the Mental Treatment Act, 1945 (No. 19 of 1945),

( g) an order made by a civil court for payment of any moneys due as alimony under a deed of separation,

( h) an order made by a civil court for payment of alimony.

(2) Where an order to which this section applies is made against a person who is or subsequently becomes a man of the Permanent Defence Force and a copy of such order is sent to the Minister, the prescribed authority shall order to be deducted from the pay of such person as a man of the Permanent Defence Force and to be appropriated in satisfaction or part satisfaction of the amount (including any arrears accrued and any costs and expenses) payable under the order such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the prescribed authority thinks fit.

(3) Where a reservist is called out on permanent service, subsection (2) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.

Annotations:

Modifications (not altering text):

C29

Application of subs. (1) extended (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 20G(2)(b) as inserted by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 1, commenced on enactment.

Enforcement of enforceable maintenance orders.

20G.— ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of— ...

( b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954, and

...

to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate.

C30

Application of subs. (1) extended (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(2)(b).

10.— ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of— ...

( b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954 (No. 18 of 1954), and

...

to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate.

C31

Application of subs. (1)(h) extended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 135(1), S.I. No. 648 of 2010.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

135.— (1) The reference in section 98 (1)( h) of the Defence Act 1954 to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, periodical payments order or secured periodical payments order made under this Act.

...

C32

Application of subs. (1) extended (1.03.2002) by European Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(3), in effect as per reg. 2

Enforcement of enforceable maintenance orders

6. ...

(3) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of — ...

(b) section 98(1) of the Defence Act 1954 ( No. 18 of 1954 ), and

...

to be an order made by the District Court under section 5, 5A or 21A of the Act of 1976, as may be appropriate.

C33

Application of subs. (1) extended (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 9(2), S.I. No. 353 of 1999.

Enforcement of Community maintenance orders by the District Court.

9.— ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of— ...

(b) section 98 (1) of the Defence Act, 1954, and

...

to be an order made by the District Court under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, as may be appropriate.

...

C34

Application of subs. (1)(h) extended (27.02.1997) by Family Law Divorce Act 1996 (33/1996), s. 29, commenced as per s. 1(2).

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

29.—The reference in section 98 (1) ( h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, a periodical payments order and a secured periodical payments order.

C35

Application of subs. (1)(h) extended (1.08.1996) by Family Law Act 1995 (26/1995), s. 21, S.I. No. 46 of 1996.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

22.—The reference in section 98 (1) (h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, a periodical payments order and a secured periodical payments order.

C36

Application of section extended (31.10.1995) by Child Care Act 1991 (17/1991), s. 78(1), S.I. No. 258 of 1995.

Maintenance-saver in relation to members of Defence Forces.

78.—(1) Section 98 of the Defence Act, 1954 (which provides for deductions from pay of members of the Permanent Defence Force and reservists called out on permanent service in respect of court orders under sections 75, 82 or 99 of the Children Act, 1908) shall apply in like manner to an order made under section 18.

...

C37

Application of subs. (1)(h) extended (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 27, commenced as per s. 46(2).

Application of maintenance and periodical payment orders to men of Defence Forces.

27.—The reference in section 98 (1) ( h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including references to an order for maintenance pending suit, a periodical payments order and a secured periodical payments order.

C38

Application of section extended (14.06.1988) by Status of Children Act 1987 (26/1987), s. 24(1), commenced as per s. 1(2)(b).

Amendment of Defence Act, 1954.

24.—(1) The reference in section 98(1)( d) of the Defence Act, 1954, to an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930, shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).

...

C39

Application of section extended (6.05.1976) by Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976), s. 30(1), commenced as per s. 2.

Repeals.

30.—(1) The Married Women (Maintenance in case of Desertion) Act, 1886, section 13 of the Illegitimate Children (Affiliation Orders) Act, 1930, section 7 of the Enforcement of Court Orders Act, 1940, and section 18 of the Courts Act, 1971, are hereby repealed, and the reference in section 98 (1) ( a) of the Defence Act, 1954, to an order made by a civil court under section 1 of the said Married Women (Maintenance in case of Desertion) Act, 1886, shall be construed as a reference to an order under section 5, 6, or 7 of this Act or an order under section 8 of this Act (in so far as it is deemed under that section to be a maintenance order).

...

Editorial Notes:

E15

Previous affecting provision: application of section extended (1.06.1988) by Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988), s. 7(2)(a), S.I. No. 91 of 1988; repealed (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 23, S.I. No. 353 of 1999.