Defence (Amendment) (No. 2) Act 1960

Amendments of the Principal Act.

4

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.

(6) Subject to subsection (7) of this section, section 61 of the Principal Act is hereby amended by—

( a) the insertion after subparagraph (i) in paragraph ( b) of subsection (2) of the following subparagraph:

“(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 and is effected either during, or not more than one month before the commencement of, such service, or”,

( b) the insertion after “transfer” in subsection (3) of “ 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 and is effected either during, or not more than one month before the commencement of, such service ”, and

( c) the insertion after subsection (4) of the following subsection:

“(5) A man of the Permanent Defence Force who by virtue of this section or section 296 of this Act 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, shall, on the completion of such service, be transferred by the prescribed military authority with all convenient speed to the first mentioned service corps.”

(3) Subject to subsection (7) of this section, section 70 of the Principal Act is hereby amended by—

(i) the insertion after “service is in force” in both paragraph ( b) of subsection (3) and paragraph ( b) of subsection (4) of “ or he is serving outside the State with an International United Nations Force”, and

(ii) the insertion after “proclamation is in force” in both subparagraph (i) of the said paragraph ( b) of the said subsection (3) and the said paragraph ( b) of the said subsection (4) of “ or the period of such service outside the State with an International United Nations Force, as the case may be, or, where the two periods occur and there is no interval of time between them, the period from the commencement of the period which occurs first to the expiration of the other period ”.

(4) ( a) F4 [ Section 75 ] of the Principal Act shall, in its application to a man of the Permanent Defence Force who is serving outside the State with an International United Nations Force, have effect as if the references therein to a period of emergency included references to a period during which the man is serving outside the State with an International United Nations Force F5 [ or for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ].

( b) Where, in relation to a man of the Permanent Defence Force, a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force) is followed within three months after its expiration by a period (being either a period of emergency or a period in which the man is serving outside the State with an International United Nations Force), the former period shall, for the purposes of subsection (3) of section 75 of the Principal Act be deemed to have terminated at the time of the termination of the latter period.

(5) Regulations made under subsection (4) of section 192 of the Principal Act and providing that the exercise of the jurisdiction conferred on courts-martial by section 169 of the Principal Act shall depend on the consent of a civil authority specified in the regulations shall not apply in relation to the exercise of that jurisdiction by a court-martial for the trial of a member of the Permanent Defence Force for an offence committed by him while serving outside the State with an International United Nations Force.

(6) Subject to subsection (7) of this section, section 296 of the Principal Act is hereby amended by—

( a) the insertion after clause (I) in subparagraph (ii) of paragraph ( b) of subsection (2) of the following clause:

“(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 and is effected either during, or not more than one month before the commencement of, such service, or”,

( b) the insertion after “transfer” in paragraph ( c) of the said subsection (2) of “ 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 and is effected either during, or not more than one month before the commencement of, such service ”, and

( c) the insertion after “service is in force” in both sub paragraphs ( a) and ( b) of subsection (3) of “ or he is serving outside the State with an International United Nations Force”.

(7) F6 [ ]

Annotations:

Amendments:

F4

Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 9(a)(i), commenced on enactment.

F5

Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 9(a)(ii), commenced on enactment.

F6

Repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment

Modifications (not altering text):

C4

Construction of the term “International United Nations Force” modified (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 2, commenced on enactment.

Application of certain provisions of Act of 1960 and Principal Act.

2— (1) Sections 2, 4 and 6 of the Act of 1960 shall apply and have effect as if each reference in any of those sections to an International United Nations Force were a reference to an International United Nations Force as defined in section 1 of this Act.

(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:

E5

Previous affecting provision: construction of the term “International United Nations Force” modified (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(1), commenced on enactment. The 1993 Act was repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.