Defence (Amendment) (No. 2) Act 1960

Number 44 of 1960

DEFENCE (AMENDMENT) (NO. 2) ACT 1960

REVISED

Updated to 4 April 2022

This Revised Act is an administrative consolidation of the Defence (Amendment) (No. 2) Act 1960. 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 Animal Health and Welfare and Forestry (Miscellaneous Provisions) Act 2022 (4/2022), enacted 4 April 2022, and all statutory instruments up to and including Defence (Amendment) Act 2021 (Commencement) Order 2022 (S.I. No. 179 of 2022), made 30 March 2022, 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 44 of 1960.


DEFENCE (AMENDMENT) (No. 2) ACT 1960.

REVISED

Updated to 4 April 2022


ARRANGEMENT OF SECTIONS


Acts Referred to

Defence Act, 1954

1954, No. 18

Defence (Amendment) Act, 1960

1960, No. 22

Wills Act, 1837

1837, c. 26

Wills (Soldiers and Sailors) Act, 1918

1918, c. 58

Births and Deaths Registration Act (Ireland), 1880

1880, c. 13


Number 44 of 1960.


DEFENCE (AMENDMENT) (No. 2) ACT 1960.

REVISED

Updated to 4 April 2022


AN ACT TO AUTHORISE, SUBJECT TO THE PREVIOUS APPROVAL OF DÁIL ÉIREANN IN CERTAIN CIRCUMSTANCES, THE DESPATCH OF CONTINGENTS OF THE PERMANENT DEFENCE FORCE FOR SERVICE OUTSIDE THE STATE WITH INTERNATIONAL FORCES ESTABLISHED BY THE SECURITY COUNCIL OR THE GENERAL ASSEMBLY OF THE UNITED NATIONS FOR THE PERFORMANCE OF DUTIES OF A POLICE CHARACTER, TO EXTEND THE AREA OF SERVICE OF CERTAIN MEMBERS OF THE PERMANENT DEFENCE FORCE, AND FOR THOSE PURPOSES TO AMEND THE DEFENCE ACT, 1954, IN CERTAIN RESPECTS AND TO PROVIDE FOR OTHER RELATED MATTERS. [21st December, 1960.]

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.