Defence Act 1954
Number 18 of 1954
DEFENCE ACT 1954
REVISED
Updated to 6 November 2024
This Revised Act is an administrative consolidation of the Defence Act 1954. 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 the Criminal Justice (Hate Offences) Act 2024 (41/2024), enacted 29 October 2024, and all statutory instruments up to and including the Defence Act 1954 (Part XIII) (Establishment Day) Order 2024 (S.I. No. 619 of 2024), made 6 November 2024, 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 18 of 1954
DEFENCE ACT 1954
REVISED
Updated to 6 November 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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The Council of Defence, the Chief of Staff, the Adjutant-General, the Quartermaster-General, Military Branches of the Department of Defence, the Inspector-General and the Judge Advocate-General.
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The Chief of Staff, the Adjutant-General and the Quartermaster-General. |
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Raising, Maintenance, Command, Constitution and Organisation of the Defence Forces, Military Education and Miscellaneous Matters Relating to the Defence Forces.
Raising, Maintenance and Command of the Defence Forces.
Constitution of the Defence Forces and General Organisation thereof.
Military Education.
Miscellaneous Provisions in relation to the Defence Forces.
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Right of Minister to erect and maintain certain apparatus on land in vicinity of service aerodromes. |
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Restrictions on use of land in vicinity of service aerodromes. |
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Billeting in peace time. (Repealed) |
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Personnel of the Defence Forces.
Officers.
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Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force. |
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Relinquishment of commissions by officers of the Reserve Defence Force. |
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Men.
Division I.
Enlistment and Discharge, Etc., of Men.
Original enlistment.
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Enlistment in the Permanent Defence Force for service during a period of emergency. |
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Direct enlistment in the Reserve Defence Force for service during a fixed period. |
Proceedings for enlistment.
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Effect of signing declaration required by attestation paper and complying with section 58. |
Appointment to service corps.
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Enlistment for general service and appointment to service corps. |
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Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another. |
Assignment of reservists to classes of reservists.
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Assignment of reservists to a particular class of reservists. |
Variation of engagement, re-engagement and continuance in service.
Transfer to Reserve Defence Force and discharge.
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Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53. |
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Discharge of men of the Permanent Defence Force enlisted under section 54. |
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Discharge otherwise than on completion of service.
Status of unenlisted person in receipt of pay as a man and of persons informally enlisted.
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Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement. |
General provisions as to discharge.
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Collection and disposal of moneys paid in respect of discharge of men. |
Division II.
Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.
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Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers. |
Service of Members of the Defence Forces.
Service of members of the Permanent Defence Force.
Service of officers of the Reserve Defence Force.
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Voluntary military service of officer of Reserve Defence Force. |
Service of reservists.
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Calling out of certain reservists on permanent service otherwise than under section 87. |
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Attachment of reservists called out on permanent service, etc. |
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Pay and Allowances of Members of the Defence Forces.
Disqualifications, Exemptions and Privileges of Members of the Defence Forces.
Miscellaneous Provisions.
Discipline.
Liability to Military Law.
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Modification of Part V in its application to civilians subject to military law. |
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Offences against Military Law.
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Offences punishable more severely on active service than at other times. |
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Drugs etc. (Repealed) |
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Trial by court martial of treason and certain murders and attempts. |
Arrest and Courts of Inquiry on Absent Men.
Investigation and Summary Disposition of Charges, Remands for Court-martial and Dispensation with Trial by Court-martial.
Court-Martial Administrator
Director of Military Prosecutions
Military Judge
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Circuit Judge to perform functions of military judge in certain circumstances. |
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Courts-martial.
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Acquittal or conviction to bar subsequent trial by court-martial. |
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Effect of certain offences on persons in respect of whom committed. |
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Punishments awardable by Courts-martial for Offences against Military Law.
Action on Findings and Sentences of Courts-martial
Execution of Sentences.
Rules of Procedure.
Miscellaneous Offences by Members of the Reserve Defence Force.
Proof of certain matters of Evidence in Proceedings before Civil Courts and Courts-martial.
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Evidence of subjection to military law of officers of the Reserve Defence Force. |
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Apprehension of Suspected Deserters and Absentees.
Offences in Relation to the Defence Forces and Military Property.
Manœuvres and Artillery, Rifle and Bombing Practice.
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Temporary stoppage of traffic during manœuvres or artillery, etc., practice. |
Bye-Laws as to Land Used for Defence Purposes.
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Extension of power to make bye-laws in respect of adjoining foreshore, sea and tidal water. |
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The Army Nursing Service.
Application of this act to Defence Forces Established Under the Defence Forces (Temporary Provisions) Act, 1923.
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Existing forces to be deemed forces established under this Act. |
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Existing regulars. (Repealed) |
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Amendment and Adaptation of Certain Enactments.
Miscellaneous Provisions.
Comhlacht Formhaoirsithe Seachtrach Óglaigh na hÉireann.
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Terms of appointment and conditions of office of members of External Oversight Body. |
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Power of External Oversight Body to enter into contracts and engage consultants and advisers. |
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Enactments Repealed.
Commissioned Army and Naval Ranks in the Defence Forces.
Non-Commissioned Army and Naval Ranks in the Defence Forces.
Matters in Respect of Which Regulations May Be Made Under Section 26.
Forms of Commission to an Officer.
Form Of Oath or Declaration to Be Taken or Made By Officers of the Permanent Defence Force.
Form of Oath or Declaration to Be Taken or Made By Officers of the Reserve Defence Force.
Form of Oath or Declaration to Be Taken or Made By PERSONS Enlisting in the Permanent Defence Force Under Section 53.
Form of Oath Or Declaration to Be Taken or Made By PERSONS Enlisting in the Permanent Defence Force Under Section 54.
Form of Oath or Declaration to Be Taken or Made By PERSONS Enlisting in the Reserve Defence Force Under Section 55.
Scheduled Offences for the Purposes of Part V of this Act.
Court-Martial Rules
External Oversight Body
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Acts Referred to |
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No. 30 of 1923 |
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No. 10 of 1924 |
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No. 13 of 1939 |
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No. 26 of 1932 |
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No. 24 of 1939 |
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No. 28 of 1947 |
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No. 17 of 1930 |
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No. 27 of 1939 |
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No. 19 of 1945 |
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No. 23 of 1940 |
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No. 11 of 1933 |
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No. 1 of 1927 |
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No. 1 of 1932 |
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No. 2 of 1930 |
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No. 24 of 1946 |
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No. 10 of 1945 |
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No. 7 of 1946 |
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No. 4 of 1947 |
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No. 1 of 1949 |
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No. 11 of 1940 |
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No. 41 of 1937 |
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No. 12 of 1923 |
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No. 12 of 1927 |
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No. 16 of 1924 |
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No. 24 of 1925 |
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No. 48 of 1924 |
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No. 43 of 1934 |
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No. 9 of 1934 |
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No. 19 of 1949 |
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No. 27 of 1924 |
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Number 18 of 1954.
DEFENCE ACT 1954
REVISED
Updated to 6 November 2024
AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE DEFENCE OF THE STATE AND THE DEFENCE FORCES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH OR INCIDENTAL TO THE MATTERS AFORESAID. [13th May, 1954.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering text):
C1
Instruments made pursuant to certain sections of Act exempted from primary application of Statutory Instruments Act 1947 by Statutory Instruments Act 1947 (44/1947), s. 2(2A), as inserted (18.07.2015) by Statute Law Revision Act 2015 (23/2015), s. 6, commenced on enactment. The effect of this provision appears to be to exempt certain instruments from publication in the usual way as provided by the 1947 Act, s. 3.
Statutory instruments to which this Act primarily applies.
2.— ...
(2A) Statutory instruments made under any of—
(a) sections 17, 21 to 23, 25 to 27, 29, 33, 35, 36(3) as respects revocation orders, 37 to 49, 53, 55, 56, 60 to 68, 70, 72, 73, 75, 80 to 82, 84, 86 to 88, 90, 92 to 94, 97, 98, 100, 102, 103, 114 to 117, 180, 182, 184, 243, 244, 246, 290 and 292 of the Defence Act 1954, or
(b) sections 2 and 5 of the Defence (Amendment) Act 1990,
shall not be instruments to which this Act primarily applies.
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 18 of 1954 |
Defence Act 1954 |
Sections 8, 15, 28, 30, 32, 33, 35, 36, 37, 38, 83, 97, 268, 271, 278 and 283 |
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... |
... |
... |
C3
Term “judge-advocate” 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.
C4
Application of collectively cited Defence Acts 1954 to 1998 to enlisted under 18 year olds implied (1.05.2002) by Children Act 2001 (24/2001), s. 271, S.I. No. 151 of 2002.
Exclusion of members of Defence Forces.
271.—For the purposes of this Act, persons under 18 years of age who are enlisted members of the Defence Forces shall not be regarded as children in any case where they are subject to military law as governed by the Defence Acts, 1954 to 1998.
C5
Decision on appeal deemed to be decision of court-martial for purposes of collectively cited Defence Acts 1954 to 1979 (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 20(1), commenced on enactment.
Convictions and sentences of the Court, etc.
20.—(1) Where on any appeal the Court substitutes a conviction of a different offence or substitutes a different sentence, that conviction or sentence shall, for the purposes of the Defence Acts, 1954 to 1979, and any instrument made thereunder, be deemed to be a duly confirmed finding or sentence of a court-martial.
...
C6
Application of collectively cited Defence Acts 1954 to 1979 extended (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.
C7
Definition of term “active service” extended (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(1), commenced on enactment.
Amendments of the Principal Act.
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.
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C8
Application of Act extended to prisoners of war (17.07.1956) by Prisoners of War and Enemy Aliens Act 1956 (27/1956), s. 4, commenced on enactment.
Prisoner of war to be person subject to military law.
4.—A prisoner of war shall be a person subject to military law in the same manner as a member of the Defence Forces of rank corresponding to the rank or status of such prisoner of war is so subject for the time being by virtue of the Defence Act, 1954 (No. 18 of 1954), and the provisions of that Act, and of the orders, regulations and rules thereunder, having application in relation to persons subject to military law shall have effect in relation to such prisoner of war accordingly, but without prejudice—
(a) to any exclusions or modifications which the Minister may think proper to make by regulations under this paragraph so as to enable those provisions to have effect in conformity with the circumstances (including internment) of prisoners of war, and
(b) to any regulations under section 2 or section 3 of this Act.
Editorial Notes:
E1
Form of oath to be made by a military judge before entering duties under the Act provided for (25.09.2007) by Rules of Procedure (Defence Forces) (Form of Oath of Military Judge) 2007 (S.I. No. 661 of 2007).
E2
Previous affecting provision: application of Act restricted (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 18(4), commenced on enactment; s. 18 repealed (29.12.1993) by Criminal Procedure Act 1993 (40/1993), s. 13 and sch., commenced on enactment.
E3
Previous affecting provision: functions in relation to pay and allowances and terms and conditions of civilians transferred to Department of and Minister for the Public Service (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973), arts. 3, 4(2); re-transferred to Department of and Minister for Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4, subject to transitional provisions in arts. 5-9.