DEFENCE (AMENDMENT) ACT, 1987


Number 8 of 1987


DEFENCE (AMENDMENT) ACT 1987

REVISED

Updated to 30 June 2016


This Revised Act is an administrative consolidation of the Defence (Amendment) Act 1987. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including European Union (Restrictive Measures concerning Libya) (No. 2) Regulations 2016 (S.I. No. 342 of 2016), made 23 June 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 8 of 1987


DEFENCE (AMENDMENT) ACT 1987

REVISED

Updated to 30 June 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Defence Acts 1954 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Defence (Amendment) Act 2015, s. 4(2)), to be construed together as one ( Defence (Amendment) Act 2011, s. 12(2)). The Acts in the collectively cited group are:

Defence Act 1954 (18/1954)

Defence (Amendment) (No. 2) Act 1960 (44/1960)

Defence (Amendment) Act 1979 (1/1979)

Defence (Amendment) (No. 2) Act 1979 (28/1979)

Defence (Amendment) Act 1987 (8/1987)

Defence (Amendment) Act 1990 (6/1990)

Criminal Law Act 1997 (14/1997), s. 14 and sch. 2

Defence (Amendment) Act 1998 (31/1998)

Defence (Amendment) Act 2006 (20/2006)

Defence (Amendment) Act 2007 (24/2007)

Defence (Amendment) Act 2011 (17/2011)

Defence (Amendment) Act 2015 (24/2015) (citation only)

Acts previously included in the group but now repealed are:

Defence (Amendment) Act 1993 (18/1993)

The following legislation deals with related subject matter:

Courts Martial Appeals Act 1983 (19/1983)

Civil Defence Act 2002 (16/2002)

Ombudsman (Defence Forces) Act 2004 (36/2004)

Defence (Miscellaneous Provisions) Act 2009 (35/2009)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Defence (Amendment) Act 2007 (24/2007)

Children Act 2001 (24/2001)

Courts-Martial Appeals Act 1983 (19/1983)

Defence (Amendment) (No. 2) Act 1979 (28/1979)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None.

All statutory instruments up to and including European Union (Restrictive Measures concerning Libya) (No. 2) Regulations 2016 (S.I. No. 342 of 2016), made 30 June 2016, were considered in the preparation of this revision.


Number 8 of 1987


DEFENCE (AMENDMENT) ACT 1987

REVISED

Updated to 30 June 2016


ARRANGEMENT OF SECTIONS


Acts Referred to

Debtors Act (Ireland), 1872

1872, c. 57

Enforcement of Court Orders Act, 1940

1940, No. 23

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1979

Age of Majority Act, 1985

1985, No. 2


Number 8 of 1987


DEFENCE (AMENDMENT) ACT 1987

REVISED

Updated to 30 June 2016


AN ACT TO ALTER THE PUNISHMENTS WHICH MAY BE AWARDED UNDER THE DEFENCE ACT, 1954, AND OTHERWISE TO AMEND AND EXTEND THAT ACT. [24 th June, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

References to “judge-advocate” in collectively cited Defence Acts 1954 to 2007 construed (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.— Every reference in the Defence Acts 1954 to 2007 or in any instrument made under those Acts to a judge-advocate shall be read as a reference to a military judge.

C2

Application of collectively cited Defence Acts 1954 to 1979 extended and references construed (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 2, S.I. No. 19 of 1980.

Application of Defence Acts, 1954 to 1979, to women.

2.—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments made thereunder shall apply to women members of the Defence Forces holding commissioned or non-commissioned rank and accordingly all words in those Acts and those instruments importing a reference to persons of the male sex shall be construed as importing a reference to persons of either sex.

Editorial Notes:

E1

Persons under 18 years of age subject to military law under collectively cited Defence Acts 1954 to 1998 not to be regarded as children (1.05.2002) for purposes of Children Act 2001 (24/2001), s. 271, S.I. No. 151 of 2002.

E2

Convictions or sentences substituted on appeal deemed for purposes of collectively cited Defence Acts 1954 to 1979 to be duly confirmed finding or sentence of court-martial (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 20(1), commenced on enactment.