Personnel Issues

Table of Contents

DEFENCE ACT

PART IV.

Personnel of the Defence Forces.

Chapter I.

Officers.

Section 41

Persons eligible to be appointed officers.

41.—Each of the following persons shall be eligible to be appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force, that is to say:—

(a) Irish citizens;

(b) any other persons specially approved by the Minister.

Annotations

Modifications (not altering text):

C20
Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act (28/1979), s. 3, S.I. No. 19 of 1980.

Application of section 41 of Principal Act to women.

3.—A woman shall be eligible to be appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force and for that purpose references in section 41 of the Principal Act to Irish citizens shall be construed as including Irish citizens of either sex and references to any other persons specially approved by the Minister shall be construed as including persons of either sex.

Section 42

Appointment of officers, and commissions.

42.—(1) The President may appoint any eligible person to be an officer of the Permanent Defence Force or the Reserve Defence Force in any commissioned rank, and any such appointment may be without limitation as to time or may be for a specified period or be temporary.

(2) Where a person is appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force, a commission shall be issued to him and such commission shall be,—

(a) in case there is an elected President in office exercising and performing the powers and functions of his office, either in the form set out in Part I of the Fifth Schedule to this Act or in the form set out in Part II of the said Schedule and be sealed with the official seal of the President,

(b) in any other case, either in the form set out in Part III of the Fifth Schedule to this Act or in the form set out in Part IV of the said Schedule and be sealed with the official seal of the President.

(3) Where the appointment of a person to be an officer is for a specified period or temporary, words indicating the period of appointment or the word “sealadach” or (in English) “temporary” shall (as the case may require) be endorsed on the commission.

(4) If an error occurs in a commission issued under subsection (2) of this section, it may, by direction of the President, be amended by correcting such error.

Section 43

Oath to be taken by officers.

43.—(1) Every person appointed to be an officer of the Permanent Defence Force shall take an oath or make a declaration either in the form set out in Part I of the Sixth Schedule to this Act or in the form set out in Part II of the said Schedule.

(2) Every person appointed to be an officer of the Reserve Defence Force shall take an oath or make a declaration either in the form set out in Part I of the Seventh Schedule to this Act or in the form set out in Part II of the said Schedule.

(3) The oath or declaration mentioned in subsection (1) or (2) of this section shall be taken or made within the prescribed time and in the prescribed manner before a prescribed officer.

(4) If any person appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force refuses or neglects to take the oath or make the declaration required by this section to be taken or made by him within the time and in the manner mentioned in subsection (3) of this section, he shall be deemed to have tendered the resignation of his commission and such resignation shall be deemed to have been accepted at the expiration of that time.

Section 44

Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.

44.—(1) Where a person is appointed to be an officer of the Reserve Defence Force, such person shall, on appointment, be assigned by the Minister to a particular class of the Reserve Defence Force.

(2) An officer of the Reserve Defence Force who for the time being belongs to a particular class of the Reserve Defence Force may, with his own consent, be assigned by the Minister to another class of the Reserve Defence Force.

(3) In this section, the expression “class of the Reserve Defence Force” means any class of the Reserve Defence Force being—

(a) the Reserve of Officers (First Line), or

(b) the Reserve of Officers (An Fórsa Cosanta Aitiúil), or

(d) any class constituted under subsection (2) of section 21.

Section 45

Promotion of officers.

45.—(1) The Minister may, in accordance with regulations made by him, promote any officer to a higher substantive rank.

(2) The Minister may, in accordance with regulations made by him, promote any officer holding a substantive rank or an acting rank to a higher acting rank.

(3) An officer promoted to a higher acting rank shall at any time thereafter, on a direction to that effect being given by the Minister, revert to his substantive rank or, if so directed, to an acting rank higher than his substantive rank.

Section 46

Placing of officer on half-pay.

46.—The Minister may, in accordance with regulations made by him, place an officer on half-pay for a period not exceeding one year.

Annotations

Modifications (not altering text):

C21
Application of section restricted by Defence Forces (Pensions) Scheme 1937 (S. R. & O. No. 249 of 1937), art. 23A(2), as substituted (1.01.1955) by Defence Forces (Pensions) (Amendment) Scheme 1956 (S. I. No. 35 of 1956), art. 11, in effect as per art. 11(4), art. 1 and by motions of confirmation by Dáil Éireann, Vol. 155, 14 March 1956 and Seanad Éireann, Vol. 45, 15 March 1956.

[23A. (1)…

(2) Where an officer is placed on half-pay by the Minister pursuant to section 46 of the Defence Act, 1954 (No. 18 of 1954), and such officer—

(a) retires or is retired or dies while on such half-pay, or

(b) having been immediately before retirement on such half-pay, dies after retirement,

then, for the purposes of this Scheme and of Article 20 of the Amending Scheme of 1949, such officer shall—

(I) be deemed to have been in receipt, during the period he was on such half-pay, of the additional pay (if any) which he ceased to be entitled to receive solely by reason of being placed on such half-pay, and

(II) be deemed, save where provision is made for the applying of a notional rank to such officer, to have been in receipt, on the day of his retirement or death (whichever is relevant) of the rate of pay for which he would have been eligible on such day had he not been so placed on half-pay.

…]

Section 47

Retirement of officers of the Permanent Defence Force.

47.—(1) In this section, the word “officer” means an officer of the Permanent Defence Force.

(2) An officer may, for any prescribed reason, be retired by the President.

(3) An officer whose appointment as an officer is temporary may at any time be retired by the President.

(4) (a) An officer of a prescribed description (which may be prescribed by reference to rank or appointment or both or such other matters as the Minister thinks proper) shall retire on reaching the age prescribed as the age for retirement for officers of that description.

(b) Subject to such conditions as may be prescribed, the Minister may permit an officer, who is required by paragraph (a) of this subsection to retire on a particular date, to continue, after that date, to serve as an officer for such further period (not exceeding one hundred and twenty-two days) as the Minister may fix in respect of him and, in that case, such officer shall retire on the expiration of the further period so fixed in respect of him.

(5) An officer whose appointment as an officer is for a specified period shall retire on the expiration of that period.

(6) An officer who would, on retirement, be eligible, by virtue of length of service, for retired pay or a gratuity under any scheme made under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), may, with the permission of the Minister, retire.

(7) An officer who is retired or who retires shall cease to be an officer.

Section 48

Relinquishment of commissions by officers of the Reserve Defence Force.

48.—(1) In this section, the word “officer” means an officer of the Reserve Defence Force.

(2) The President may, for any prescribed reason, direct that an officer shall relinquish his commission and in any such case such officer shall relinquish his commission.

(3) The President may direct that an officer whose appointment as an officer is temporary shall relinquish his commission and in any such case such officer shall relinquish his commission.

(4) An officer of a prescribed description (which may be prescribed by reference to rank or appointment or both or such other matters as the Minister thinks proper) shall relinquish his commission on reaching the age prescribed as the age for the relinquishment of commissions by officers of that description.

(5) An officer whose appointment as an officer is for a specified period shall relinquish his commission on the expiration of that period.

(6) An officer who becomes a member of either House of the Oireachtas F34[or who assumes the office of representative in the Assembly of the European Communities] shall thereupon relinquish his commission.

(7) An officer who relinquishes his commission shall cease to be an officer.

Annotations

Amendments:

F34
Inserted (9.12.1977) by European Assembly Elections Act 1977 (30/1977), s. 22, commenced on enactment.

Section 49

Resignation of officers.

49.—(1) An officer may, in the prescribed manner, tender to the President the resignation of his commission.

(2) The President may accept or refuse to accept the resignation of his commission tendered by an officer.

(3) An officer who has tendered the resignation of his commission shall not, by reason merely of such tender, be relieved of his military duties.

(4) Where the resignation by an officer of his commission is accepted, such officer shall cease to be an officer.

Section 50

Dismissal of officers.

50.—(1) The President may dismiss any officer.

(2) Except in the case of an officer who is sentenced by a civil court to suffer F35[…] F36[…] imprisonment for a term exceeding six months or who is absent without leave for a period exceeding three months, an officer shall not be dismissed under this section unless or until the reasons for the proposed dismissal have been communicated to him and such officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed dismissal.

(3) An officer who is dismissed shall cease to be an officer.

F37[(4) This section shall not apply to a military judge.]

Annotations

Amendments:

F35
Deleted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1 para. 4(a), commenced on enactment.

F36
Deleted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2 para. 3, commenced as per s. 1.

F37
Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Section 51

Effective dates of appointment, etc., of officers.

51.—(1) The following—

(a) the appointment of a person to be an officer of the Permanent Defence Force or the Reserve Defence Force,

(b) the retirement, under subsection (2) or (3) of section 47, of an officer of the Permanent Defence Force,

(c) the relinquishment of his commission, under subsection (2) or (3) of section 48, by an officer of the Reserve Defence Force,

(d) the resignation by an officer of his commission,

(e) the dismissal of an officer under section 50,

shall, in each case, take effect from such date as the President may fix.

(2) The retirement under subsection (6) of section 47 of an officer of the Permanent Defence Force shall take effect from such date as the Minister may fix.

(3) The following—

(a) the promotion of an officer to higher substantive or acting commissioned rank,

(b) the reversion of an officer holding acting commissioned rank to his substantive commissioned rank or to acting commissioned rank higher than his substantive commissioned rank,

shall take effect as from such date as the Minister may fix.

Section 52
Notification of appointments, etc., in Iris Oifigiúil.

52.—Notice of the appointment of a person to be an officer, the dismissal (including dismissal by sentence of a court-martial) or the retirement of an officer or the relinquishment or the resignation by an officer of his commission and of the date on which such appointment, dismissal, retirement, relinquishment or resignation (as the case may be) takes effect shall be published in the Iris Oifigiúil.

Chapter II.

Men.

Division I.

Enlistment and Discharge, etc., of Men.

Original enlistment.

Section 53

Enlistment in the Permanent Defence Force for service during a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force.

53.—(1) (a) A person F38[…] may be enlisted as a man of the Permanent Defence Force for service for a period of twelve years or for such less period as may from time to time be prescribed, but not for any longer period, and the period for which a person enlisting under this section is enlisted is in this Act referred to as the term of his original enlistment.

(b) The Minister, in special cases or classes of cases, may direct that where a F39[person] is enlisted under this section F40[, prior to its amendment by section 3 of the Defence (Amendment) Act 2021,] before attaining the age of eighteen years the period of twelve years mentioned in paragraph (a) of this subsection shall be reckoned from the day on which F41[he or she attains] the age of eighteen years.

(2) The enlistment of a person under this section shall be as follows, either—

(a) for the whole of the term of his original enlistment in the Permanent Defence Force, or

(b) for such portion of the term of his original enlistment as may from time to time be prescribed and as is specified in his attestation paper in the Permanent Defence Force and for the residue of the said term in the Reserve Defence Force.

Annotations

Amendments:

F38
Deleted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(a)(i), S.I. No. 179 of 2022.

F39
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(a)(ii)(I), S.I. No. 179 of 2022.

F40
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(a)(ii)(II), S.I. No. 179 of 2022.

F41
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(a)(ii)(III), S.I. No. 179 of 2022.

Modifications (not altering text):

C22
Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 4, S.I. No. 19 of 1980.

Application of sections 53, 54 and 55 of Principal Act to women.

4.—A woman may—

(a) be enlisted in the Permanent Defence Force for service for a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force,

(b) be enlisted in the Permanent Defence Force for service for a period of emergency, or

and for that purpose references in sections 53, 54 and 55 of the Principal Act to persons shall be construed as including persons of either sex and references in sections 53 (1) (b) and 55 (1) (b) of that Act to a boy shall be construed as including references to a girl.

Section 53A
F42[

Re-enlistment of formerly enlisted persons

53A. (1) A person who was formerly enlisted in the Permanent Defence Force—

(a) who has served the full term of his or her original enlistment in accordance with section 53 (and, if applicable, any periods of service authorised under section 64 or 65), or

(b) who was discharged in accordance with section 75,

may, subject to subsection (2), be re-enlisted as an enlisted person of the Permanent Defence Force for a specified period as determined by the Minister.

(2) A person may only be re-enlisted under subsection (1) where the Minister determines that this course of action will address a deficiency, within the Defence Forces, of necessary skills or expertise which, in his or her opinion, cannot be met through the use of existing personnel resources.

(3) A person re-enlisted under subsection (1) may have that period of service extended for such further term as the Minister may determine, having regard to any deficiency within the Defence Forces of necessary skills or expertise which, in his or her opinion, cannot be met through the use of the then existing personnel resources.

(4) Sections 53, 63, 64, 65 and 70 shall not apply to a person re-enlisted under this section.]

Annotations

Amendments:

F42
Inserted (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 26(b), commenced on enactment.

Editorial Notes:

E6
Note provisions governing return of reservists to employment (27.03.2020) in Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 27, commenced on enactment.

Section 54

Enlistment in the Permanent Defence Force for service during a period of emergency.

54.—A person F43[…] may during a period of emergency be enlisted as a man of the Permanent Defence Force to serve for that period of emergency in the Permanent Defence Force.

Annotations

Amendments:

F43
Deleted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(b), S.I. No. 179 of 2022.

Modifications (not altering text):

C23
Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 4, S.I. No. 19 of 1980.

Application of sections 53, 54 and 55 of Principal Act to women.

4.—A woman may—

(a) be enlisted in the Permanent Defence Force for service for a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force,

(b) be enlisted in the Permanent Defence Force for service for a period of emergency, or

Section 55

Direct enlistment in the Reserve Defence Force for service during a fixed period.

55.—(1) (a) A person F44[…] may be directly enlisted to serve as a man of the Reserve Defence Force for a period of twelve years or for such less period as may from time to time be prescribed, but not for any longer period, and the period for which a person enlisting under this section is enlisted is in this Act referred to as the term of his original enlistment.

(b) The Minister, in special cases or classes of cases, may direct that where a F45[person] is enlisted under this section F46[, prior to its amendment by section 3 of the Defence (Amendment) Act 2021,] before attaining the age of eighteen years the period of twelve years mentioned in paragraph (a) of this subsection shall be reckoned from the day on which F47[he or she attains] the age of eighteen years.

(2) The enlistment of a person under this section shall be for the whole of the term of his original enlistment in the Reserve Defence Force.

(3) A person enlisted under this section shall be enlisted for service in a particular class of reservists.

Annotations

Amendments:

F44
Deleted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(c)(i), S.I. No. 179 of 2022.

F45
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(c)(ii)(I), S.I. No. 179 of 2022.

F46
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(c)(ii)(II), S.I. No. 179 of 2022.

F47
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(c)(ii)(III), S.I. No. 179 of 2022.

Modifications (not altering text):

C24
Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 4, S.I. No. 19 of 1980.

4.—A woman may—

(a) be enlisted in the Permanent Defence Force for service for a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force,

(b) be enlisted in the Permanent Defence Force for service for a period of emergency, or

Proceedings for enlistment.

Section 56

Recruiting regulations.

56.—(1) The Minister may make regulations (in this Act referred to as recruiting regulations) in relation to all or any of the following matters, that is to say:—

(a) the appointment and duties of recruiters;

(b) the persons authorised to enlist recruits for the Permanent Defence Force and the Reserve Defence Force;

(d) the forms to be used for the purposes of enlistment;

(e) the persons to be enlisted;

(f) the enlistment of recruits for service in a particular service corps;

(g) the enlistment of recruits in the Reserve Defence Force for service in a particular class of reservists;

(h) any other matter in relation to proceedings for enlistment.

(2) Recruiting regulations shall provide for the completion by a person enlisting in the Permanent Defence Force or the Reserve Defence Force of an attestation paper in the prescribed form and the signing by such person of such attestation paper and the verification of his signature.

Section 57

Mode of enlisting recruits.

57.—Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall be enlisted in accordance with recruiting regulations.

Section 58

Oath on enlistment.

58.—(1) Every person enlisting in the Permanent Defence Force under F48[section 53 or 53A] shall take an oath or make a declaration either in the form set out in Part I of the Eighth Schedule to this Act or in the form set out in Part II of the said Schedule.

(2) Every person enlisting in the Permanent Defence Force under section 54 shall take an oath or make a declaration either in the form set out in Part I of the Ninth Schedule to this Act or in the form set out in Part II of the said Schedule.

(3) Every person enlisting in the Reserve Defence Force under section 55 shall take an oath or make a declaration either in the form set out in Part I of the Tenth Schedule to this Act or in the form set out in Part II of the said Schedule.

(4) The oath or declaration mentioned in subsection (1), (2) or (3) of this section shall be taken or made before a prescribed officer.

(5) The oath taken or declaration made in pursuance of this section by a person enlisting in the Permanent Defence Force or the Reserve Defence Force shall bind such person to serve in accordance with his engagement and the tenor of such oath or declaration until he is legally discharged.

Annotations

Amendments:

F48
Substituted (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 26(c), commenced on enactment.

Section 59

Effect of signing declaration required by attestation paper and complying with section 58.

59.—Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall, upon—

(a) signing a declaration affirming such particulars in relation to himself as may be required by his attestation paper and of his willingness to fulfil the engagements set out in the said attestation paper, and

(b) complying with section 58,

be deemed to be enlisted as a man of the Permanent Defence Force or the Reserve Defence Force (as the case may be), and, for the purposes of this Act, the date of the attestation of such person shall be the date on which he signs the said declaration and complies with section 58.

Appointment to service corps.

Section 60

Enlistment for general service and appointment to service corps.

60.—(1) Recruits may, in pursuance of regulations from time to time made by the Minister, be enlisted for service in a particular service corps, but save as provided in such regulations (if any) recruits shall be enlisted for general service.

(2) The prescribed military authority shall as soon as practicable appoint a recruit, if enlisted for service in a particular service corps, to that service corps and, if enlisted for general service, to some service corps.

Section 61

Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.

61.—(1) This section applies only to men of the Permanent Defence Force F49[who were enlisted under section 53 before the commencement of section 8 of the Defence (Amendment) Act 2007].

(2) The following provisions shall apply in respect of a man of the Permanent Defence Force enlisted for general service—

(a) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is less than ten years, he may be transferred by order of the prescribed military authority to another service corps,

(b) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is ten years or more, he may be transferred by order of the prescribed military authority to another service corps, if, but only if,—

(i) he consents to such transfer, or

F50[(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 F51[…], or]

(ii) a proclamation authorising the calling out of reservists on permanent service is for the time being in force.

(3) Where a man of the Permanent Defence Force is enlisted for service in a particular service corps, he may be transferred by order of the prescribed military authority to another service corps, if, but only if, he consents to such transfer F52[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 F53[…]].

(4) The provisions of this section shall have effect subject to subsection (2) of section 296.

F54[(5) A man of the Permanent Defence Force who by virtue of this section F55[…] 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 F56[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], shall, on the completion of such service, be transferred by the prescribed military authority with all convenient speed to the first mentioned service corps.]

Annotations

Amendments:

F49
Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 8, commenced on enactment as per s. 1(3).

F50
Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(2)(a), commenced on enactment. (Note: subs. (2) misprinted as subs. (6)).

F51
Deleted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(a), commenced on enactment.

F52
Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(2)(b), commenced on enactment. (Note: subs. (2) misprinted as subs. (6)).

F53
Deleted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(b), commenced on enactment.

F54
Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(2)(c), commenced on enactment. (Note: subs. (2) misprinted as subs. (6)).

F55
Deleted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(c)(i), commenced on enactment.

F56
Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 5(c)(ii), commenced on enactment.

Modifications (not altering text):

C25
Term “International United Nations Force” construed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 2(2), commenced on enactment.

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

2.— …

(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:

E7
In Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4, subs. (2) appears to be misprinted as subs. (6).

E8
Previous affecting provision: application of section affected (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(2); repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E9
Previous affecting provision: transitional saver applied to above F-notes (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(7), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Assignment of reservists to classes of reservists.

Section 62

Assignment of reservists to a particular class of reservists.

62.—(1) A reservist enlisted under section 55 for service in a particular class of reservists shall be assigned by the prescribed military authority to that class of reservists.

(2) A reservist who for the time being belongs to a particular class of reservists may, with his own consent, be assigned by the Minister to another class of reservists.

Variation of engagement, re-engagement and continuance in service.

Section 63

Change of conditions of service of men enlisted under section 53.

63.—(1) (a) This subsection applies to a man of the Permanent Defence Force who is enlisted under section 53.

(b) The Minister may by regulations vary the conditions of service of a man to whom this subsection applies so as to permit him, with the consent of the Minister:—

(i) to enter the Reserve Defence Force at any time for the residue unexpired of the term of his original enlistment, or

(ii) to extend his service in the Permanent Defence Force for all or any part of the residue unexpired of the term of his original enlistment.

(c) A man to whom this subsection applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

(d) Where a man to whom this subsection applies extends the term of his original enlistment under this subsection, any subsequent reference in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

(2) (a) This subsection applies to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70.

(b) A reservist to whom this subsection applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

(c) Where a reservist to whom this subsection applies extends the term of his original enlistment under this subsection, any subsequent reference (including the reference in subsection (3) of this section) in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

(3) (a) This subsection applies to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70.

(b) The Minister may by regulations vary the conditions of service of a reservist to whom this subsection applies so as to permit him, with the consent of the prescribed military authority, to re-enter the Permanent Defence Force for all or any of the residue unexpired of the term of his original enlistment.

(4) Regulations under paragraph (b) of subsection (1) or under subsection (3) of this section may be expressed to be applicable generally or in specified cases only.

Section 64

Re-engagement of men of the Permanent Defence Force enlisted under section 53.

64.—Subject to any regulations from time to time made by the Minister, a man of the Permanent Defence Force enlisted under section 53 may, after the expiration of nine years reckoned, in case he is a man to whom a direction under paragraph (b) of subsection (1) of section 53 was given, from the day on which he attained the age of eighteen years or, in any other case, the date of his attestation, on the recommendation of his commanding officer and with the approval of the prescribed military authority, be re-engaged for such further period of service in the Permanent Defence Force as will make up a total continuous period of twenty-one years’ service reckoned as aforesaid and inclusive of any period previously served in the Reserve Defence Force.

Section 65

Continuance in service after 21 years’ service of men of the Permanent Defence Force.

65.—(1) The Minister may, as respects men of the Permanent Defence Force who have completed a total continuous period of twenty-one years’ service or (by virtue of any continuance in service under this subsection) more in the Defence Forces and who desire to continue to serve in the Permanent Defence Force, by regulations provide for their continuance in service in the Permanent Defence Force.

(2) Where a man of the Permanent Defence Force is continued in service for a particular period under subsection (1) of this section, he may be continued as a man of the Permanent Defence Force for that period in the same manner in all respects as if his term of service were still unexpired.

Section 66

Extension of term of original enlistment of reservists enlisted under section 55.

66.—(1) This section applies to a reservist who is enlisted under section 55.

(2) A reservist to whom this section applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

(3) Where a reservist to whom this section applies extends the term of his original enlistment under this section, any subsequent reference in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

Section 67

Re-engagement of reservists.

67.—Subject to any regulations from time to time made by the Minister, a reservist may, after the expiration of nine years reckoned, in case he is a man to whom a direction under paragraph (b) of subsection (1) of section 53 or paragraph (b) of subsection (1) of section 55, was given, from the day on which he attained the age of eighteen years or, in any other case, the date of his attestation, on the recommendation of his commanding officer and with the approval of the prescribed military authority, be re-engaged for such further period of service in the Reserve Defence Force as will make up a total continuous period of twenty-one years’ service reckoned as aforesaid and inclusive, in case he enlisted under section 53, of any period previously served in the Permanent Defence Force.

Section 68

Continuance in service after 21 years’ service of reservists.

68.—(1) The Minister may, as respects reservists who have completed a total continuous period of twenty-one years’ service or (by virtue of any continuance in service under this subsection) more in the Defence Forces and who desire to continue to serve in the Reserve Defence Force, by regulations provide for their continuance in service in the Reserve Defence Force.

(2) Where a reservist is continued in service for a particular period under subsection (1) of this section, he may be continued as a reservist for that period in the same manner in all respects as if his term of service were still unexpired.

Transfer to Reserve Defence Force and discharge.

Section 69

Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.

69.—Where a man of the Permanent Defence Force enlisted under F57[section 53 or 53A] deserts or absents himself without leave, whether once or oftener, then, save as may be otherwise prescribed, each period commencing on the date on which he deserts or absents himself without leave and ending on the date on which he next surrenders himself or reports back for duty or is apprehended (as the case may be) shall be excluded in reckoning his service in the Permanent Defence Force for the purposes of this Act.

Annotations

Amendments:

F57
Substituted (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 26(b), commenced on enactment.

Section 70

Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.

70.—(1) This section applies only to men of the Permanent Defence Force enlisted under section 53.

(2) In reckoning the service of a man of the Permanent Defence Force for the purposes of transfer to the Reserve Defence Force or discharge from the Permanent Defence Force, his service shall, subject to section 69, be reckoned from, in case he is a man in respect of whom a direction has been given under paragraph (b) of subsection (1) of section 53, the date on which he attains the age of eighteen years or, in any other case, the date of his attestation.

(3) (a) Every man of the Permanent Defence Force, upon completion of the period of his service with the Permanent Defence Force, if shorter than the term of his original enlistment, shall, subject to the provisions of this subsection, be transferred in the prescribed manner to the Reserve Defence Force,

(b) Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph (a) of this subsection, be entitled to be transferred to the Reserve Defence Force occurs while a proclamation authorising the calling out of reservists on permanent service is in force F58[or he is serving outside the State with an International United Nations Force] F59[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], the following provisions shall have effect—

(i) he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding the period during which the proclamation is in force F60[or the period of such service outside the State with an International United Nations Force F59[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], 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]) as the prescribed military authority may decide,

(ii) on the expiration of such further period—

(I) in case the term of his original enlistment has expired and he has not been re-engaged under section 64 or continued in service under section 65, he shall be discharged from the Permanent Defence Force with all convenient speed,

(II) in any other case, he shall be transferred in the prescribed manner to the Reserve Defence Force.

(c) Where a man of the Permanent Defence Force is required by this subsection to be transferred to the Reserve Defence Force—

(i) he shall until so transferred be subject to this Act as a man of the Permanent Defence Force,

(ii) upon such transfer, he shall, subject to subparagraph (iii) of this paragraph, become and be a man of the Reserve Defence Force for the period unexpired of the term of his original enlistment,

(iii) if, during the said period, he re-enters the Permanent Defence Force under subsection (3) of section 63, then, he shall from the date of such re-entry become and be again a man of the Permanent Defence Force in like manner in all respects as if he had not been so transferred to the Reserve Defence Force.

(4) (a) Subject to this subsection, every man of the Permanent Defence Force, upon completion of the term of his original enlistment or the period of his re-engagement under section 64 or the period of his continuance in service under section 65, shall be discharged from the Permanent Defence Force with all convenient speed.

(b) Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph (a) of this subsection, be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force F58[or he is serving outside the State with an International United Nations Force] F59[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding the period during which the proclamation is in force F60[or the period of such service outside the State with an International United Nations Force F59[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], 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]) as the prescribed military authority may direct, and at the expiration of such further period shall be discharged from the Permanent Defence Force with all convenient speed.

(5) Subsections (3) and (4) of this section shall have effect subject to subsection (3) of section 296.

(6) Where a man of the Permanent Defence Force is transferred to the Reserve Defence Force or discharged under this section, he shall be entitled to be conveyed free of cost from the place where he is so transferred or discharged to the place where he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his transfer or discharge decide to take up his residence and to which he can be conveyed without greater cost.

Annotations

Amendments:

F58
Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(3), commenced on enactment.

F59
Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 6, commenced on enactment.

F60
Inserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(3), commenced on enactment.

Modifications (not altering text):

C26
Term “International United Nations Force” construed (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.—…

Editorial Notes:

E10
Previous affecting provision: application of section affected (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(2); repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E11
Previous affecting provision: transitional saver applied to above F-notes (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(7), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Section 71

Discharge of men of the Permanent Defence Force enlisted under section 54.

71.—(1) Every man of the Permanent Defence Force enlisted under section 54 to serve for a period of emergency shall upon the expiration of that period of emergency be discharged from the Permanent Defence Force with all convenient speed.

(2) Where a man of the Permanent Defence Force enlisted under section 54 is discharged under this section, he shall be entitled to be conveyed free of cost from the place where he is discharged to the place where he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his discharge decide to take up residence and to which he can be conveyed without greater cost.

Section 72

Discharge of reservists.

72.—(1) In reckoning the service of a reservist for the purposes of discharge from the Reserve Defence Force, his service shall, subject, if he was transferred to the Reserve Defence Force under section 70, to section 69, be reckoned from, in case he is a man in respect of whom a direction has been given under paragraph (b) of subsection (1) of section 53 or paragraph (b) of subsection (1) of section 55, the date on which he attains the age of eighteen years or, in any other case, the date of his attestation.

(2) (a) Subject to this subsection, every reservist, upon completion of the term of his original enlistment or the period of his re-engagement under section 67 or the period of his continuance in service under section 68, shall be discharged from the Reserve Defence Force with all convenient speed.

(b) Where the time at which a reservist would, by virtue of paragraph (a) of this subsection, be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force, he shall continue to serve as a reservist for such further period (not exceeding the period during which the proclamation is in force) as the prescribed military authority directs, and at the expiration of such further period shall be discharged from the Reserve Defence Force with all convenient speed.

(3) Where a reservist is discharged under this section and immediately before his discharge stood called out on permanent service, he shall be entitled to be conveyed free of cost from the place where he is discharged to the place which was his registered place of abode when he was called out on permanent service or to any other place at which he may at the time of his discharge decide to take up his residence and to which he can be conveyed without greater cost.

Discharge otherwise than on completion of service.

Section 73
Discharge of men by direction of Minister or authorised officer.

73.—The Minister or any officer authorised by the Minister in that behalf may, for prescribed reasons, direct the discharge of a man from the Permanent Defence Force or the Reserve Defence Force (as the case may be).

Section 74
F61[

Discharge of reservists in certain public service positions.

74.—A reservist who is—

(a) elected as a member of either House of the Oireachtas or the European Parliament,

(b) nominated as a member of Seanad Éireann, or

(c) regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy,

shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.]

Annotations

Amendments:

F61
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 13(a), S.I. No. 179 of 2022.

Editorial Notes:

E12
Previous affecting provision: section amended (9.12.1977) by European Assembly Elections Act 1977 (30/1977), s. 22, commenced on enactment; substituted as per F-note above.

Section 75

Discharge by purchase.

75.—(1) A man shall be entitled, except during a period of emergency, to his discharge from the Permanent Defence Force or the Reserve Defence Force by purchase as may be prescribed.

(2) Where—

(a) a man at any time within three months after the date of his attestation pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged, and

(b) such payment and application are not made during a period of emergency,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

(3) Where—

(a) a person has enlisted, and

(b) a period of emergency commences within three months after the date of his attestation, and

(c) such person within three months after the termination of the period of emergency pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

Annotations

Modifications (not altering text):

C27
Term “International United Nations Force” construed (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.—…

C28
Application of section extended (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(4), commenced on enactment, as amended (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 9(a) and (b), commenced on enactment.

Amendments of the Principal Act.

4.—…

(4) (a) [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 [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 [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006]) 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 [or for any purpose specified in section 3 of the Defence (Amendment) Act 2006]), 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.

…

Editorial Notes:

E13
Previous affecting provision: application of section affected (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 3(2); repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E14
Previous affecting provision: transitional provision applied to above C-note (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 4(7), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Section 76
Discharge of persons under eighteen.

76.—F62[…]

Annotations

Amendments:

F62
Deleted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(d), S.I. No. 179 of 2022.

Section 77
Discharge of apprentices.

77.—F63[…]

Annotations

Amendments:

F63
Deleted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(d), S.I. No. 179 of 2022.

Status of unenlisted person in receipt of pay as a man and of persons informally enlisted.

Section 78

Status of unenlisted person in receipt of pay as a man.

78.—(1) Where a person—

(a) has accepted pay as a man of the Permanent Defence Force, and

(b) has neither been attested nor re-engaged as a man of the Permanent Defence Force,

the following provisions shall have effect—

(i) such person may at any time claim his discharge, and on such claim being made he shall be discharged from the Permanent Defence Force with all convenient speed, and

(ii) until such claim is made and such person is actually discharged in the manner prescribed by regulations made under section 81, he shall be subject to this Act as a man of the Permanent Defence Force duly enlisted and attested or re-engaged.

(2) Subsection (1) of this section shall apply in respect of a person who has accepted pay, a grant or other payment as a reservist and has neither been attested nor re-engaged as a reservist, subject to the modification that references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force.

Section 79

Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.

79.—(1) Where there has been an error (not being a material error) in the enlistment, attestation, re-engagement or continuance in service of a person as a man of the Permanent Defence Force, such error shall not invalidate his enlistment, attestation, re-engagement or continuance in service and may be corrected by direction of the Minister.

(2) Where—

(a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

(b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

(c) such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force, and

(d) such person, within three months after he first so accepted pay, claims his discharge on the ground of such error or illegality,

then the following provisions shall apply—

(i) such person shall be discharged from the Permanent Defence Force with all convenient speed;

(ii) during the period commencing on the date of his attestation, re-engagement or continuance in service and ending on the date on which he is discharged in the manner prescribed by regulations made under section 81 he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(3) Where—

(a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

(b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

(c) such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) received pay as a man of the Permanent Defence Force, and

(d) such person does not, within three months after he first so accepted pay, claim his discharge on the ground of such error or illegality,

then such person shall, notwithstanding such error or illegality, be deemed for the purposes of this Act to have been duly attested and enlisted or re-engaged or continued in service as a man of the Permanent Defence Force.

(4) Where—

(a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

(b) there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

(c) such person has not after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force,

the following provisions shall have effect—

(i) such person may at any time claim his discharge, and on such claim being made he shall be discharged from the Permanent Defence Force with all convenient speed, and

(ii) until such claim is made and such person is actually discharged in the manner prescribed by regulations made under section 81, he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(5) Subsections (2), (3) and (4) of this section shall apply in respect of a person who has been attested, re-engaged or continued in service as a reservist, subject, however, to the following modifications, that is to say:—

(a) references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force, and

(b) references to pay shall be construed as references to pay, a grant or other payment.

General provisions as to discharge.

Section 80

Order for discharge of men.

80.—Where a man is required by section 70, 71, 72, 75, F64[…] 78 or 79 to be discharged, the prescribed military authority shall order the discharge of such man from the Permanent Defence Force or the Reserve Defence Force (as the case may be).

Annotations

Amendments:

F64
Deleted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 3(e), S.I. No. 179 of 2022.

Section 81

Provisions in relation to discharge.

81.—(1) A man shall not be discharged from the Permanent Defence Force or the Reserve Defence Force except in pursuance of—

(a) a direction under section 73, or

(b) an order of the prescribed military authority under section 80, or

(c) a sentence of discharge with F65[disgrace] from the Defence Forces or of discharge from the Defence Forces imposed by a court-martial.

(2) The Minister may make regulations as to the manner in which and the persons by whom the discharge of men is to be carried out.

(3) Until the discharge of a person who is a man of the Permanent Defence Force or the Reserve Defence Force is carried out in accordance with regulations made under subsection (2) of this section, such person shall remain a man of the Permanent Defence Force or the Reserve Defence Force (as the case may be).

(4) Subsections (1), (2) and (3) of this section shall not apply to a reservist discharged by virtue of section 74.

Annotations

Amendments:

F65
Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.

Section 82

Certificate of discharge.

82.—Where a man is discharged from the Permanent Defence Force or the Reserve Defence Force, there shall be given to him or sent to him to his last registered place of abode or to the address indicated by him on discharge a certificate of discharge in such form and containing, in relation to him, such particulars as may be prescribed.

Section 83
Collection and disposal of moneys paid in respect of discharge of men.

83.—(1) All moneys payable in respect of the discharge of men shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable in respect of the discharge of men.

Division II.

Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.

Section 84

Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.

84.—(1) The Minister or any officer authorised by him in that behalf may promote—

(a) any man holding a non-commissioned army rank to a higher substantive non-commissioned army rank,

(b) any man holding a non-commissioned naval rank to a higher substantive non-commissioned naval rank.

(2) The Minister or any officer authorised by him in that behalf may for a prescribed reason reduce—

(a) a non-commissioned officer holding a substantive non-commissioned army rank to a lower substantive non-commissioned army rank,

(b) a non-commissioned officer holding a substantive non-commissioned naval rank to a lower substantive non-commissioned naval rank.

(3) (a) A non-commissioned officer shall not be reduced in rank under subsection (2) of this section unless and until the reason for the proposed reduction has been communicated to him and such non-commissioned officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed reduction.

(b) Paragraph (a) of this subsection shall not apply during a period of emergency or in respect of a non-commissioned officer who is on active service.

(4) The Minister or any officer authorised by him in that behalf may promote—

(a) any man holding a substantive non-commissioned army rank or an acting non-commissioned army rank to a higher acting non-commissioned army rank,

(b) any man holding a substantive non-commissioned naval rank or an acting non-commissioned naval rank to a higher acting non-commissioned naval rank.

(5) The Minister or any officer authorised by him in that behalf may direct that—

(a) a non-commissioned officer holding an acting non-commissioned army rank shall revert to his substantive non-commissioned army rank or to an acting non-commissioned army rank higher than his substantive non-commissioned army rank,

(b) a non-commissioned officer holding an acting non-commissioned naval rank shall revert to his substantive non-commissioned naval rank or to an acting non-commissioned naval rank higher than his substantive non-commissioned naval rank.

(6) The following—

(a) any promotion under subsection (1) or (4) of this section,

(b) any reduction under subsection (2) of this section,

shall take effect as from such date as the authority making the promotion or reduction or directing the reversion shall fix.

Chapter III.

Service of Members of the Defence Forces.

Service of members of the Permanent Defence Force.

Annotations

Editorial Notes:

E15
Previous affecting provision: application of chapter restricted (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 2(2), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

E16
Previous affecting provision: application of chapter restricted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 3(2), commenced on enactment; repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Section 85

Service of members of the Permanent Defence Force.

85.—Every officer and man of the Permanent Defence Force shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

Service of officers of the Reserve Defence Force.

Section 86

Service of officers of the Reserve Defence Force.

86.—(1) Every officer of the Reserve Defence Force shall be liable for such military service or duty, within the State, as may be prescribed and, if he is employed on a State ship or service aircraft, be liable while so employed to render such military service or duty, outside the territorial seas of the State, as may be prescribed.

(2) Every officer of the Reserve Defence Force shall serve under such conditions as may be prescribed.

Section 86A
F66[

Voluntary military service of officer of Reserve Defence Force

86A.—(1) An officer of the Reserve Defence Force may notify his or her commanding officer in writing that the officer is available for deployment on supplemental military service, subject to the officers consent being given under subsection (7).

(2) A notification under subsection (1) shall specify—

(a) the nature of the supplemental military service to which the officer concerned may consent under subsection (7),

(b) the duration and frequency of the periods of supplemental military service to which the officer concerned may consent under subsection (7), and

(3) An officer of the Reserve Defence Force who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the officer is no longer available for deployment on supplemental military service.

(4) Where the Minister determines that—

(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of an officer of the Reserve Defence Force on supplemental military service, or

(b) it is otherwise in the best interests of the Defence Forces to deploy an officer of the Reserve Defence Force on supplemental military service,

the Minister may approve the deployment of an officer of the Reserve Defence Force on supplemental military service.

(5) An approval under subsection (4) shall specify—

(a) the purpose of the deployment concerned, and

(b) the number of officers to be deployed as part of that deployment.

(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—

(a) the skills or qualifications that an officer is required to have for the purposes of the deployment concerned, and

(b) the duration of that deployment.

(7) Subject to subsection (10), where an officer of the Reserve Defence Force has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the officer may give, the officer’s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).

(8) A request of the prescribed military authority under subsection (7) shall—

(a) be in writing, and

(b) specify—

(i) the nature,

(ii) the duration,

(iii) the start date, and

(iv) the end date,

of the supplemental military service concerned.

(9) A consent of an officer of the Reserve Defence Force under subsection (7) shall be given in writing to the prescribed military authority.

(10) The prescribed military authority shall not seek the consent of an officer of the Reserve Defence Force under subsection (7) where the total number of days of military service provided by the officer in a 12 month period would, if the officer were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.

(11) Subject to subsection (12), an officer of the Reserve Defence Force may withdraw a consent given under subsection (7).

(12) An officer of the Reserve Defence Force deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.

(13) Where an officer of the Reserve Defence Force withdraws his or her consent to deployment on supplemental military service—

(a) in a case in which the deployment has not commenced, the officer shall not be deployed on that service, and

(b) in a case in which the deployment has commenced, the officer shall not be liable to continue that service.

(14) An officer of the Reserve Defence Force shall be liable to render supplemental military service only where—

(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and

(b) the officer has given and not withdrawn his or her consent to deployment on that supplemental military service.

(15) The Minister may prescribe a number of days for the purposes of subsection (10).

(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—

(a) the voluntary nature of supplemental military service,

(b) the duration of training which may be required before deployments on supplemental military service,

(d) the employment and education commitments of officers of the Reserve Defence Force, and

(e) the training requirements of officers of the Reserve Defence Force.

(17) In this section, “supplemental military service” means military service, either within or outside the State, which an officer of the Reserve Defence Force would not be liable to render under other provisions of the Defence Acts 1954 to 2015.]

Annotations

Amendments:

F66
Inserted (4.04.2022) by Defence Amendment Act 2021 (33/2021), s. 4, S.I. No. 179 of 2022.

Service of reservists.

Section 87

Calling out of reservists on permanent service.

87.—(1) (a) The Government may, at any time during a period of emergency, by proclamation—

(i) declare that it is expedient that reservists be called out on permanent service, and

(ii) authorise the Minister to give from time to time such directions as he thinks necessary with regard to the calling out on permanent service of all or any reservists.

(b) The Government may by proclamation revoke any proclamation made under paragraph (a) of this subsection.

(c) If, at the time a proclamation is made under paragraph (a) of this subsection, either House of the Oireachtas stands adjourned, that House shall be summoned to meet as soon as conveniently may be.

(d) Every proclamation under this subsection shall, as soon as may be after it is made, be laid before each House of the Oireachtas and be published in the Iris Oifigiúil.

(2) Where—

(a) the Minister, in pursuance of a proclamation made under paragraph (a) of subsection (1) of this section, gives directions with regard to the calling out on permanent service of any reservists, and

(b) either or both of the following things are done—

(i) a notice (in this subsection referred to as a special notice) is served on each reservist to whom the directions relate requiring him to attend at the time specified in such special notice at his mobilisation centre, or

(ii) a notice (in this subsection referred to as a general notice) is published, in the prescribed manner, requiring every reservist to whom the directions relate to attend at the time indicated in respect of him in such general notice at his mobilisation centre,

the following provisions shall have effect—

(I) such reservist shall, for the purposes of this Act, stand called out on permanent service as from, in case a special notice is served on him, the time at which he is required by such special notice to attend at his mobilisation centre or, in case a general notice is published in the prescribed manner, the time specified in respect of him in such general notice as the time at which he is to attend at his mobilisation centre;

(II) such reservist shall, unless sooner released by the prescribed military authority, remain called out on permanent service so long as the said proclamation remains in force.

(3) In this section, the expression “mobilisation centre” means, in relation to a reservist, the place which has in accordance with regulations made by the Minister under this Act been designated as his mobilisation centre.

Section 88
Calling out of certain reservists on permanent service otherwise than under section 87.

88.—(1) This section applies to a reservist—

(a) who has entered into an agreement in writing to be liable to be called out on permanent service under this section, and

(b) who has not revoked such agreement (which revocation may be effected by his giving three months’ notice in writing to a prescribed officer).

(2) Whenever operations for the defence of the State are in preparation or in progress, the Government may authorise the Minister to give such directions as he thinks necessary with regard to the calling out on permanent service of reservists to whom this section applies.

(3) Where—

(a) the Minister in pursuance of an authorisation under subsection (2) of this section gives directions with regard to the calling out on permanent service of any reservists, and

(b) a notice is served on any reservist to whom the directions relate requiring him to attend at a specified time and place,

the following provisions shall have effect—

(i) that reservist shall, for the purposes of this Act, stand called out on permanent service as from the time at which he is required by the notice to attend,

(ii) that reservist shall cease to be called out on permanent service on the expiration of the period of three months after being so called out unless—

(I) a proclamation authorising the calling out of reservists on permanent service has been made and is then in force, or

(II) he is sooner released by the prescribed military authority,

(iii) if a proclamation authorising the calling out of reservists on permanent service is in force on the expiration of that period, then, unless he has been sooner released by the prescribed military authority—

(I) he shall continue to stand called out on permanent service,

(II) section 87 shall apply in respect of him as if he had been called out on permanent service under that section.

Section 89

Service of reservist called out on permanent service.

89.—Every reservist who is called out on permanent service shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

Section 90

Calling out of reservists in aid of the civil power.

90.—(1) The Minister may, at anytime when occasion appears to require, direct that all or so many reservists as he thinks necessary be called out in aid of the civil power in the maintenance or restoration of the public peace.

(2) Whenever a direction is given by the Minister under this section, a notice shall be served on every reservist to whom the direction relates requiring him to attend at a time and place specified in such notice, and such reservist shall after that time, for the purposes of this Act, stand called out in aid of the civil power and remain called out in aid of the civil power until the prescribed military authority directs his release.

Section 91

Service of reservists called out in aid of the civil power.

91.—Every reservist who is called out in aid of the civil power shall be liable to render military service at any place within the State.

Section 91A
F67[

Voluntary military service of reservist

91A.—(1) A reservist may notify his or her commanding officer in writing that the reservist is available for deployment on supplemental military service, subject to the reservist’s consent being given under subsection (7).

(2) A notification under subsection (1) shall specify—

(a) the nature of the supplemental military service to which the reservist concerned may consent under subsection (7),

(b) the duration and frequency of the periods of supplemental military service to which the reservist concerned may consent under subsection (7), and

(c) the dates from and to which the reservist concerned may be available to be deployed on supplemental military service.

(3) A reservist who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the reservist is no longer available for deployment on supplemental military service.

(4) Where the Minister determines that—

(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of a reservist on supplemental military service, or

(b) it is otherwise in the best interests of the Defence Forces to deploy a reservist on supplemental military service,

the Minister may approve the deployment of a reservist on supplemental military service.

(5) An approval under subsection (4) shall specify—

(a) the purpose of the deployment concerned, and

(b) the number of reservists to be deployed as part of that deployment.

(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—

(a) the skills or qualifications that a reservist is required to have for the purposes of the deployment concerned, and

(b) the duration of that deployment.

(7) Subject to subsection (10), where a reservist has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the reservist may give, the reservist’s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).

(8) A request of the prescribed military authority under subsection (7) shall—

(a) be in writing, and

(b) specify—

(i) the nature,

(ii) the duration,

(iii) the start date, and

(iv) the end date,

of the supplemental military service concerned.

(9) A consent of a reservist under subsection (7) shall be given in writing to the prescribed military authority.

(10) The prescribed military authority shall not seek the consent of a reservist under subsection (7) where the total number of days of supplemental military service provided by the reservist in a 12 month period would, if the reservist were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.

(11) Subject to subsection (12), a reservist may withdraw a consent given under subsection (7).

(12) A reservist deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.

(13) Where a reservist withdraws his or her consent to deployment on supplemental military service—

(a) in a case in which the deployment has not commenced, the reservist shall not be deployed on that service, and

(b) in a case in which the deployment has commenced, the reservist shall not be liable to continue that service.

(14) A reservist shall be liable to render supplemental military service only where—

(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and

(b) the reservist has given and not withdrawn his or her consent to deployment on that supplemental military service.

(15) The Minister may prescribe a number of days for the purposes of subsection (10).

(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—

(a) the voluntary nature of supplemental military service,

(b) the duration of training which may be required before deployments on supplemental military service,

(d) the employment and education commitments of reservists, and

(e) the requirement of reservists to undergo training under section 92.

(17) In this section, “supplemental military service” means military service, either within or outside the State, which a reservist would not be liable to render under other provisions of the Defence Acts 1954 to 2015.]

Annotations

Amendments:

F67
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 5, S.I. No. 179 of 2022.

Section 92

Annual training of reservists.

92.—(1) All or any reservists shall be liable to undergo training, within the State or on board State ships outside the territorial seas of the State, at such times and for such periods (not exceeding in any one year thirty days) as may be prescribed, and for that purpose may be called out from time to time as often as may be necessary and may be required to attend at such places as the Minister may direct.

(2) Where a reservist is in pursuance of this section called out for training, notice of such calling out and of the time and place at which he is to attend shall be served on him.

Section 93

Voluntary training of reservists.

93.—The Minister may by regulations provide for the voluntary attendance of any reservist for such training as may be prescribed by the regulations.

Section 94

Attendance of reservists for inspection.

94.—(1) The Minister may make regulations in relation to the periodical attendance for periods (none of which shall exceed seventy-two hours) at specified places of reservists for inspection and such other purposes as may be specified in the regulations.

(2) Whenever a reservist is required to attend in pursuance of regulations made under this section, notice of such requirement and of the time and place at which he is to attend shall be served on him.

Section 95
Attachment of reservists called out on permanent service, etc.

95.—(1) Where a reservist is called out on permanent service or in aid of the civil power or for training under section 92, he may, during the period of such calling out, be employed for service with, or be attached to, any staff, unit or other element of the Defence Forces.

(2) While a reservist is voluntarily attending for training in pursuance of regulations made under section 93 or a reservist is attending any place in pursuance of regulations made under section 94, he may be attached to any staff, unit or other element of the Defence Forces.

Section 95A
F68[

Attachment of reservist on voluntary military service

95A.—Where a reservist has been deployed on military service under section 91A, that reservist may, during any period of such service, be deployed for service with, or be attached to, any staff, unit or other element of the Defence Forces.]

Annotations

Amendments:

F68
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 6, S.I. No. 179 of 2022.

Section 96

Service of notices on reservists.

96.—Where a notice is permitted or required by this Chapter to be served on a reservist, it may be served on him—

(a) by delivering it to him, or

(b) by leaving it at his last registered place of abode, or

Chapter IV.

Pay and Allowances of Members of the Defence Forces.

Section 97

Regulations as to pay, allowances and gratuities of members of the Defence Forces.

97.—(1) The Minister may make regulations in relation to the following matters—

(a) the rates and scales of pay, allowances and gratuities of members of the Defence Forces,

(b) the grants which may be made to members and units of the Defence Forces,

(2) (a) The Minister may, with the consent of the Minister for Finance, make regulations in relation to the following matters—

(i) the forfeitures and deductions to which the pay, allowances and gratuities of and grants to members of the Defence Forces may be subjected,

(ii) the deductions to which grants to units of the Defence Forces may be subjected,

(iii) the disposition of such forfeitures and deductions,

(iv) the manner in which and the procedure whereby such forfeitures and deductions or any other deductions authorised by this Act are to be made, and such forfeitures and deductions may be made and disposed of accordingly.

(b) Regulations made under this subsection shall not prescribe—

(i) forfeiture of pay except in respect of—

(I) absence on desertion or without leave,

(II) custody, imprisonment or detention,

(III) absence from duty on account of a disease or disability arising out of the commission of any offence,

(IV) unclaimed amounts;

(ii) deductions from pay except in respect of—

(I) articles or services provided,

(II) marriage allotment,

(III) fines, penalties, damages, compensation or costs awarded,

(IV) public or service property lost, deficient, damaged or destroyed,

(V) public or service debt or disallowance,

(VI) unauthorised expenditure or commitment.

(c) The total deduction to be made under regulations made under this subsection from the pay of a man, except a man who is being transferred to the Reserve Defence Force or discharged from the Defence Forces, shall not in any week exceed such sum as would cause him to receive less than one-third of his pay for that week.

(d) Every regulation made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation has been laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(3) Any forfeiture or deduction made under subsection (2) of this section may be remitted by the Minister in whole or in part.

(4) References to pay, allowances, gratuities or grants in this Chapter shall be construed as references to pay, allowances, gratuities or grants payable under regulations made under subsection (1) of this section.

Section 98

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

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 (25.11.2019) by European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019), reg. 14(4)(a), (5).

Enforcement in District Court of recognition order or declaration of enforceability

14.— …

(4) Where the District Court has jurisdiction to enforce an enforceable maintenance order that order shall be deemed to be an order, made on the date of the decision to which the enforceable maintenance order relates, of the District Court under section 5, 5A, 5B or 5C of the Act of 1976 as may be appropriate for the purposes of exercising that jurisdiction and an order for the purposes of—

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

…

(5) The District Court has jurisdiction under this Regulation notwithstanding that an amount payable under an enforceable maintenance order exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in paragraph (4).

…

C30
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.

C31
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.

C32
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.

…

C33
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.

C34
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.

…

C35
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.

C36
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.

C37
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.

…

C38
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.

C39
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).

…

C40
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:

E17
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.

Section 99

Deductions from pay of man in respect of maintenance of wife and children.

99.—(1) Where it appears to the Minister that a person who is or subsequently becomes a man of the Permanent Defence Force has deserted or left in destitute circumstances, without reasonable cause, F69[his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under F70[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State and recognised under that Act])] under the age of sixteen years, the Minister may order to be deducted from the daily pay of such person as a man of the Permanent Defence Force and applied in such manner as the Minister thinks fit towards the maintenance of F69[the spouse or any such children] 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 Minister thinks fit.

(2) Where a reservist is called out on permanent service, subsection (1) 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

Amendments:

F69
Substituted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 24(2), commenced as per s. 1(2)(b).

F70
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 160, S.I. No. 511 of 2010.

Modifications (not altering text):

C41
Application of section extended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 135(2), S.I. No. 648 of 2010.

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

135.— …

(2) The references in section 99 of the Defence Act 1954 to a wife shall be construed as including a reference to a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

C42
Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 5, S.I. No. 19 of 1980.

Application of section 99 of Principal Act to women.

5.—The provisions of section 99 of the Principal Act shall apply in the case of a woman who holds a non-commissioned rank and for that purpose references in that section to a wife shall be construed as references to a husband.

Section 100

Restrictions on deductions from pay, etc.

100.—(1) No deduction shall be made from any pay, allowance, gratuity or grant unless—

(a) the deduction is authorised by regulations made under subsection (2) of section 97, or by sections 98 or 99 or by an Act of the Oireachtas, or

(b) the deduction is authorised by subsection (2) of this section.

(2) Where a member of the Defence Forces consents in writing to such deduction and the deduction has the approval of the prescribed authority, a deduction may be made from that member’s pay, allowances, gratuities or grants.

(3) Pay, allowances, gratuities and grants shall not be capable of being attached or otherwise made available by civil process for the payment of any debt.

Section 101

Withholding of pay in certain cases.

101.—Where any question arises as to—

(a) whether any pay, allowance, gratuity or grant is due, or

(b) the amount of any pay, allowance, gratuity or grant due, or

(d) the amount of a forfeiture or deduction to be made of or from any pay, allowance, gratuity or grant due,

the question shall be determined with all convenient speed and, pending such determination, the pay, allowance, gratuity or grant may be withheld, in whole or in part.

Section 102

Prohibition of assignment of pay, etc.

102.—Every instrument (being an assignment of, a charge on, or an agreement to assign or charge any pay, allowance, gratuity or grant) made by a member of the Defence Forces shall be void except—

(a) it is made, in pursuance of any regulation made in this behalf by the Minister, for the benefit of the family (including an illegitimate child) of that member, or

(b) it is authorised by subsection (2) of section 100 or by an Act of the Oireachtas.

Chapter V.

Disqualifications, Exemptions and Privileges of Members of the Defence Forces.

Section 103

Prohibition of membership of political and secret societies.

103.—(1) A member of the Permanent Defence Force shall not join, or be a member of, or subscribe to, any political organisation or society or any secret society whatsoever.

(2) A member of the Reserve Defence Force shall not join, or be a member of, or subscribe to, any secret society whatsoever.

(3) The Minister may by regulations—

(a) prohibit officers of the Reserve Defence Force, who are, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, for the time being continuously engaged in military service or duties for which, as officers of the Reserve Defence Force they are liable, from participating in specified political activities, and

(b) prohibit reservists who stand called out on permanent service from participating in those specified political activities.

Section
F71[

Prohibition on political activities when on voluntary military service

103A.— A member of the Reserve Defence Force shall not, while deployed on military service under section 86A (in the case of an officer) or section 91A (in the case of a reservist)—

(a) canvass on behalf of, or collect contributions for, any political organisation or society, or

(b) address a meeting of a political organisation or society.]

Annotations

Amendments:

F71
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 7, S.I. No. 179 of 2022.

Section 104

Disqualification for membership of a local authority.

104.—(1) For the purposes of this section—

(a) the expression “local authority” means a local authority for the purposes of the Local Government Acts, 1925 to 1946, and includes F72[an education and training board] and a committee of agriculture;

(b) an officer of the Reserve Defence Force shall be deemed to be actively employed whenever, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, he is employed continuously on military service or duty;

(2) (a) A member of the Permanent Defence Force shall be disqualified from being elected or co-opted or appointed or being a member of a local authority.

(b) If a person, who is for the time being a member of a local authority, becomes a member of the Permanent Defence Force, he shall thereupon cease to be a member of that local authority.

(3) (a) A member of the Reserve Defence Force shall, during any period during which he is actively employed, be disqualified from being elected or co-opted or appointed a member of a local authority.

(b) The following provisions shall apply to a member of the Reserve Defence Force who is for the time being a member of a local authority—

(i) he shall not, during any period during which he is actively employed, act as a member of that local authority and if he does he shall thereupon cease to be a member of that local authority,

(ii) notwithstanding anything contained in any enactment relating to local authorities, he shall not by reason only of his absence from meetings of that local authority during such period be disqualified or vacate his office as a member of that local authority.

Annotations

Amendments:

F72
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s 72(1) and sch. 6 item 1, S.I. No. 211 of 2013.

Section 105
Exemption from jury service.

105.—F73[…]

Annotations

Amendments:

F73
Repealed (2.03.1976) by Juries Act 1976 (4/1976), s. 4 and sch. 2, commenced on enactment.

Section 106

Arms, etc., of members of the Defence Forces to be exempt from seizure.

106.—The arms, ammunition, equipment, service necessaries and clothing of a member of the Defence Forces shall not be liable to be seized under any order, decree or warrant of a court or any document having the same force and effect as such order, decree or warrant or under any other form of distraint.

Section 107

Exemption of men from civil process.

107.—F74[(1) An order shall not be made under section 8 of the Enforcement of Court Orders Act, 1940, directing the imprisonment of any person—

(a) who is a man of the Permanent Defence Force, or

(b) who is a reservist and is for the time being called out on permanent service.

(2) An order shall not be made under section 6 of the Debtors Act (Ireland), 1872, or under section 6 of the Enforcement of Court Orders Act, 1940, directing the imprisonment of any person—

(a) who is a man of the Permanent Defence Force on active service, or

(b) who is a reservist and is for the time being called out on permanent service.]

(3) Notwithstanding anything contained in paragraph (22) of section 133 of the Children Act, 1908, an order made, under either section 75 or 82 of that Act, against a person who is or becomes a man shall not be enforceable by the imprisonment of such person, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

(4) Notwithstanding anything contained in subsection (5) of section 99 of the Children Act, 1908, any sums imposed and ordered to be paid by a parent or guardian under the said section or on forfeiture of any such security as is referred to in the said section, shall not be capable of being recovered in the manner mentioned in the said subsection against a person who is or becomes a man, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

Annotations

Amendments:

F74
Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 10, commenced on enactment.

Modifications (not altering text):

C43
Application of section extended (31.10.1995) by Child Care Act 1991 (17/1991), s. 78(2), S.I. No. 258 of 1995.

Maintenance-saver in relation to members of Defence Forces.

78.— …

(2) Section 107 of the Defence Act, 1954 (which provides that court orders made under the aforementioned sections against a member of the Permanent Defence Force or a reservist during any period when he is called out on permanent service shall not be enforceable by imprisonment) shall apply in like manner in the case of an order made under section 18.

Editorial Notes:

E18
Previous affecting provision: subs. (2) deleted (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 5(b), commenced as per s. 9(2).

Section 108
Exemption from prosecution, etc., under section 83 of the Public Assistance Act, 1939.

108.—A man of the Permanent Defence Force or a reservist, during any period during which he is called out on permanent service, shall not be liable to be prosecuted or punished for any offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939).

Section 109

Obstruction, etc., of member of Garda Síochána.

109.—(1) If any officer wilfully neglects or refuses on lawful application to deliver over to a member of the Garda Síochána or wilfully obstructs or wilfully neglects or refuses to assist a member of the Garda Síochána in lawfully apprehending, any member of the Defence Forces under his command who is accused or convicted of an offence, other than a man accused of an offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939), such officer shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for any term not exceeding two years.

(2) Where an officer is convicted of an offence under subsection (1) of this section, the court before which he was convicted shall cause a certificate of the judgment of the court to be sent to the Minister.

Section 110

Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.

110.—Where a member of the Defence Forces is convicted or acquitted by a court-martial of an offence such person shall not be liable to be tried subsequently by a civil court for that offence.

Section 111
Protection of persons acting under this Act.

111.—(1) Where after the commencement of this Act any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act, the following provisions shall have effect, that is to say:—

(a) such action, prosecution or proceeding shall be brought in the High Court;

(b) F75[…]

(d) F75[…]

(e) F75[…]

(f) F75[…]

(2) Every action against a member or minister of a court-martial in respect of a sentence of such court-martial or of anything done by virtue, or in pursuance, of such sentence shall be brought in the High Court.

Annotations

Amendments:

F75
Repealed (1.01.1955) by Public Authorities (Judicial Proceedings) Act 1954 (27/1954), s. 2(5), commenced as per s. 1, subject to transitional provision in s. 2(6).

Section 112

Exemption from duties and tolls.

112.—(1) No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing place, highway, road, right of way, bridge or canal, shall be paid by or demanded from any unit or other element of the Defence Forces or an officer or man when on duty or any person under escort or in respect of the movement of any matériel of the Defence Forces.

(2) Nothing in subsection (1) of this section shall affect the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of the Defence Forces.

Section 113

Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.

113.—(1) In this section, the expression “the Act of 1933” means the Road Traffic Act, 1933 (No. 11 of 1933).

(2) Sections 22 and 39 of the Act of 1933 shall not apply in respect of the driving of a mechanically propelled vehicle, which is the property of the State or otherwise under the control of the Minister, by any member of the Defence Forces while on duty.

(3) The following provisions of the Act of 1933 shall not apply during a period of emergency in respect of any member of the Defence Forces while on duty, that is to say, sections 22 and 49, subsection (2) of section 149, subsection (5) of section 159 and sections 164 and 166.

Chapter VI.

Miscellaneous Provisions.

Section 114

Redress of wrongs.

114.—(1) If an officer thinks himself wronged in any matter by any superior or other officer, including his commanding officer, he may complain thereof to his commanding officer and if, but only if, his commanding officer does not deal with the complaint to such officer’s satisfaction, he may complain in the prescribed manner to the F76[Chief of Staff] who shall inquire into the complaint and give his directions thereon.

(2) If any man thinks himself wronged in any matter by any officer, other than his company commander, or by any man he may complain thereof to his company commander, and if he thinks himself wronged by his company commander either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his commanding officer, and if he thinks himself wronged by his commanding officer, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof in the prescribed manner to F77[the Chief of Staff], F78[…] who shall inquire into the complaint and give his directions thereon.

(3) Every officer to whom a complaint is made in pursuance of this section shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of, and shall in every case inform the complainant in the prescribed manner as to what action has been taken in respect of the matter complained of.

F79[(3A) The Chief of Staff shall cause every complaint seeking redress of wrongs under this section that is made in writing to be notified to the Minister and the Ombudsman for the Defence Forces as soon as practicable following the making of such complaint.

(3B) Where the Ombudsman for the Defence Forces has made a notification in writing in accordance with section 7 of the Ombudsman (Defence Forces) Act 2004, that section 5(1)(c), section 5(1)(d)(ii), section 5(1)(e)(ii)or section 5(1)(g) of the Ombudsman (Defence Forces) Act 2004 applies to a complaint made under that Act by an officer or a man, the officer or the man, as the case may be, may submit that complaint to the Minister for determination by him or her.

(3C) The Minister may make regulations concerning the manner in which a notification referred to in subsection (3A) of this section and a report on such notification are to be made and the manner in which a complaint is to be submitted under subsection (3B) and without prejudice to the generality of the foregoing, the regulations may—

(a) specify a period or periods within which such reports are to be submitted and complaints referred, and

(b) the form and content of such notifications, reports and submissions.]

(4) The Minister shall make regulations providing for the personal submission, by any person subject to this Act, of any grievance to such officer and on such occasions as may be prescribed by such regulations.

F80[(5) This section shall not apply to—

(a) any determination made, punishment awarded or compensation order made under section 177C, 178C or 179C, or

(b) the decision of a summary court-martial under section 178G following an appeal under section 178E.]

Annotations

Amendments:

F76
Substituted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 13(a), S.I. No. 568 of 2005.

F77
Substituted (1.10.1998) by Defence (Amendment) Act 1998 (31/1998), s. 6, S.I. No. 366 of 1998.

F78
Deleted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 13(b), S.I. No. 568 of 2005.

F79
Inserted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 13(c), S.I. No. 568 of 2005.

F80
Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 9, commenced as per s. 1(3).

Modifications (not altering text):

C44
Further recourse provided (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36/2004), s. 4(2)(d), S.I. No. 568 of 2005.

Functions of Ombudsman.

4.— …

(2) Subject to this Act, the Ombudsman may investigate any action that is the subject of a complaint made by a person affected by the action if, having carried out a preliminary examination of the matter, it appears to the Ombudsman that— …

(d) in the case of a serving member of the Defence Forces, the matter is not likely to be resolved and a period of 28 days has expired since the complaint was made under section 114 of the Act of 1954.

…

Editorial Notes:

E19
Complaint under section an alternative to complaint under Ombudsman (Defence Forces) Act 2004 as provided (15.07.2014) by Protected Disclosures Act 2014 (14.2014), s. 13(2)(b)(iii), S.I. No. 327 of 2014.

Section 115

Collection and distribution of certain property of deceased members of the Defence Forces.

115.—(1) In this section, the expression “service estate” means in relation to a deceased member of the Defence Forces—

(a) pay, allowances, gratuities or grants due to him,

(b) personal equipment which he is under regulations permitted to retain,

(c) personal belongings, including money, found on him or in barracks, camp or quarters or otherwise in the care or custody of the Defence Forces.

(2) The service estate of a deceased member of the Permanent Defence Force or of an officer of the Reserve Defence Force who dies while employed on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force or during a period during which reservists are called out on permanent service under section 88 or of a man of the Reserve Defence Force who dies while called out on permanent service may be collected, administered and distributed in accordance with regulations made by the Minister.

Section 116

Disposal of personal belongings of deserter, absentee or person of unsound mind.

116.—The personal belongings and decorations of a member of the Defence Forces who is a deserter or is absent without leave for twenty-one days or who becomes of unsound mind which are found in barracks, camp or quarters or otherwise in the care or custody of the Defence Forces shall be disposed of in accordance with regulations made by the Minister.

Section 117

Regulations for purposes of Part IV.

117.—The Minister may make regulations in relation to all or any of the following—

(a) the assignment, whether by appointment, transfer or otherwise, of members of the Defence Forces to or within service corps, staffs, units or other elements of the Defence Forces,

(b) the manner in which recruits are to be appointed to service corps,

(d) any person, matter or thing referred to in this Part as prescribed,

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.

Section 1

Interpretation.

1.—(1) In this Act—

the expression “the Principal Act” means the Defence Act, 1954;

the expression “International United Nations Force” means an international force or body established by the Security Council or the General Assembly of the United Nations for the performance of duties of a police character.

(2) This Act shall be construed as one with the Principal Act.

Section 2

Despatch of contingents of the Permanent Defence Force for service outside the State with International United Nations Forces.

2.—(1) F1[Subject to subsections (2), (3), and (4)] of this section, a contingent of the F1[Defence Forces] may be despatched for service outside the State as part of a particular International United Nations Force if, but only if, a resolution has been passed by Dáil Éireann approving of the despatch of a contingent of the F1[Defence Forces] for service outside the State as part of that International United Nations Force.

(2) A contingent of the F1[Defence Forces] may be despatched for service outside the State with a particular International United Nations Force without a resolution approving of such despatch having been passed by Dáil Éireann, if, but only if—

(a) that International United Nations Force is unarmed, or

(b) the contingent consists of not more than twelve members of the F1[Defence Forces], and the number of members of the F1[Defence Forces] serving outside the State with that International United Nations Force will not, by reason of such despatch, be increased to a number exceeding twelve, or

(c) the contingent is intended to replace, in whole or in part, or reinforce a contingent of the F1[Defence Forces] serving outside the State as part of that International United Nations Force and consisting of more than twelve members of the F1[Defence Forces].

F2[(3) A contingent or member of the F1[Defence Forces] may, with the prior approval of and on the authority of the Government, be despatched for service outside the State as part of a force to be assembled or embarked before being deployed as part of a particular International United Nations Force if, but only if, the contingent or member is not so deployed until a resolution under subsection (1) of this section has been passed by Dáil Éireann approving of their despatch for such service.]

F3[(4) A member of the Reserve Defence Force shall not be despatched under subsection (1), (2) or (3) unless that member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act.]

Annotations

Amendments:

F1
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 14(a)(i), (ii), (b), (c), S.I. No. 179 of 2022.

F2
Inserted (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 8(b), commenced on enactment.

F3
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 14(d), S.I. No. 179 of 2022.

Modifications (not altering text):

C3
Construction of term “International United Nations Force” modified (12.07.2006) by the Defence (Amendment) Act 2006 (20/2006), s. 2(1) , 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.

…

Editorial Notes:

E3
Previous affecting provision: subs. (1) amended (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 8(a), commenced on enactment; substituted as per F-note above.

E4
Previous affecting provision: construction of 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.

Section 3
Liability of certain members of the Permanent Defence Force for service with International United Nations Forces.

3.—F4[…]

Annotations

Amendments:

F4
Repealed (12.07.2006) by Defence (Amendment) Act 2006 (20/2006), s. 12 and sch., commenced on enactment.

Editorial Notes:

E5
Previous affecting provision: application of section restricted (1.07.1993) by Defence (Amendment) Act 1993 (18/1993), s. 2(3)(a), 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.

Section 4

Amendments of the Principal Act.

4.—(1) A member of the F5[Defence Forces] 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

“(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) F6[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 F7[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 F5[Defence Forces] 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) F8[…]

DEFENCE (AMENDMENT) ACT 1987

Powers exercisable by captain of service aircraft and certain other persons when safety of aircraft, etc. in jeopardy.

6.—(1) Where the captain of a service aircraft has reasonable grounds for believing that a person who is not subject to military law has committed, or is about to commit, on board the aircraft any act jeopardising, or which may jeopardise,—

(a) the safety of the aircraft, or

(b) the safety of any person or property on board the aircraft, or

the captain may take, with respect to that person, such reasonable measures, including restraint of his person, as he reasonably considers to be necessary to protect the safety of the aircraft or of any person or property, or to maintain good order and discipline, on board the aircraft.

(2) For the purposes of enabling him to exercise the powers conferred on him by subsection (1) of this section, the captain of a service aircraft may—

(a) order or authorise the assistance of any other member of the crew of the aircraft, or

(b) request or authorise the assistance of any other person on board the aircraft.

(3) Any member of the crew of a service aircraft, or any other person on board the aircraft, may, without being ordered, authorised or requested in that behalf by the captain of the aircraft, take, with respect to any other person on board the aircraft who is not subject to military law, any reasonable measures which he has reasonable grounds for believing to be immediately necessary to protect the safety of the aircraft or of any person or property on board the aircraft.

(4) A measure authorised by this section shall constitute neither—

(a) an offence either at common law or under statute, nor

(b) a cause of action in any court.

(5) For the purposes of this section and section 154 of the Principal Act, the person who has been designated to be in command of a service aircraft shall be regarded as being the captain of the aircraft.

Section 7

Lopping, cutting or removal of certain trees, etc.

7.—(1) The Minister may lop, cut or remove, or cause to be lopped, cut or removed, any tree, shrub, hedge or other plant on land in the vicinity of an aerodrome vested in or occupied by him which, in his opinion, obstructs or otherwise interferes with the navigation of aircraft using the aerodrome.

(2) (a) Before exercising a power under subsection (1) of this section, the Minister shall give to the occupier of the land concerned notice in writing of his intention to so do after the expiration of a period (being a period of not less than twenty-one days) specified in the notice, and in case an occupier of land receives a notice under this section and apart from this subsection would not be entitled to carry out the lopping, cutting or removal referred to in the notice, he may, if he so wishes, by virtue of having received the notice, himself carry out or cause to be carried out such lopping, cutting or removal: provided that, before the expiration of the period specified in the notice, he informs the Minister in writing of his intention so to do.

(b) Where an occupier of land to whom a notice under this section is given carries out, or causes to be carried out, whether or not by virtue of the power conferred on him in that behalf by paragraph (a) of this subsection, the lopping, cutting or removal referred to in the notice, the reasonable expenses thereby incurred by him shall be paid to him on demand by the Minister.

(3) Where a notice is given under this section, a person appointed in writing by the Minister to be an authorised person for the purposes of this section and any persons acting under that person’s direction may, for the purpose of or in connection with carrying out the lopping, cutting or removal specified in the notice, at any reasonable time after the expiration of the period specified in the notice, enter (with or without vehicles) the land to which the notice relates or any other land and, in addition to carrying out such lopping, cutting or removal, do thereon all things ancillary to or reasonably necessary for the aforesaid purpose.

(4) Any person who obstructs or impedes a person in the exercise of a power conferred on him by subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

Section 8

Production of documents in evidence.

8.—(1) A person summoned or ordered under section 207 of the Principal’ Act to give evidence before a court-martial may by letter signed by the F1[military judge presiding at] the court-martial be required to produce to such court-martial any document, record or other thing in his power or control being a document, record or other thing which is either specified in such letter or is of a class or description so specified and being in either case a document, record or other thing required as evidence at such court-martial.

(2) A person summoned or ordered under section 183 (1) of the Principal Act to attend as a witness before an authorised officer or a commanding officer investigating a charge under Chapter IV of Part V of that Act may by letter signed by such authorised officer or commanding officer, as may be appropriate, be required to produce to such officer any document, record or other thing in the person’s power or control being a document, record or other thing which is either specified in the letter or is of a class or description so specified and being in either case a document, record or other thing which such officer considers necessary for the purposes of the investigation.

F1[ (3) For the purposes of subsection (1) of this section—

(a) subsection (3) of section 207 of the Principal Act shall apply as it applies for the purposes of the said section 207, and

(b) references to the military judge shall be construed as including references to such officer.]

(4) Any person, not being a person subject to military law, who without just cause or excuse fails or refuses to produce a document, record or other thing, the production of which is required under subsection (2) of this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F1[€2,000].

Annotations

Amendments:

F1
Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4 pt. 2, S.I. No. 254 of 2008.

DEFENCE (AMENDMENT) ACT, 1990

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF ASSOCIATIONS TO REPRESENT MEMBERS OF THE DEFENCE FORCES FOR CERTAIN PURPOSES AND FOR CONNECTED MATTERS. [11th April, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act, unless the context otherwise requires—

“association” means an association established under section 2 (1) of this Act;

“member” means an officer, non-commissioned officer, private or seaman of the Defence Forces;

“operation” means a task undertaken or intended to be undertaken by the Defence Forces in the discharge of their duties;

“the Principal Act” means the Defence Act, 1954 ;

“remuneration” means pay, allowances, gratuities or grants payable by the Minister to a member or any pension, retired pay or gratuity for which a member may be eligible in respect of or arising out of his service as such a member.

Representative associations.

2.—(1) Subject to section 3 of this Act, the Minister may provide by regulations for the establishment of an association or associations (in this Act referred to as an “association”) for the purpose of representing members of such rank or ranks of the Defence Forces as may be specified in the regulations in relation to matters affecting their remuneration and such other matters as the Minister may specify in the regulations, but excluding matters relating to any operation and the raising, maintenance, command, constitution, organisation and discipline of the Defence Forces under the Principal Act and offences in relation to the Defence Forces and military property under that Act.

(2) An association shall represent under subsection (1) of this section only members of the association.

(3) An association shall be independent of and shall not, without the consent of the Minister, be associated with or affiliated to any trade union or any other body.

(4) A member shall not become or be a member of a trade union, or of any other body (other than an association), which seeks to influence or otherwise be concerned with the remuneration or other conditions of service of members.

(5) The Minister shall determine any question that arises as to whether any trade union or any other body is a trade union or body to which subsection (4) of this section applies.

(6) The Minister may provide by regulations for the establishment of a system of conciliation and arbitration in respect of such matters, in relation to which an association represents members, as the Minister may specify in the regulations.

(7) Regulations under this section may provide for such ancillary, subsidiary and connected matters as the Minister considers necessary or expedient.

Suspension in certain circumstances of associations.

3.—(1) Whenever an order under section 4 (1) of the Principal Act comes into operation, any association shall thereupon become and be suspended and an association shall not be established under section 2 (1) of this Act while the order is in force.

(2) If, following the coming into operation of such an order as aforesaid, an association is suspended, then, as soon as may be after the revocation of that order, the Minister shall revoke the suspension.

Members on active service.

4.—Subject to section 5 of this Act, an association shall not represent, or have as a member of any governing or other body or committee of the association, a member who is on active service.

Members serving outside State.

5.—The Minister may provide by regulations that an association for members of a specified rank or ranks of the Defence Forces may represent such members serving outside the State, whether with an International United Nations Force (within the meaning of the Defence (Amendment) (No. 2) Act, 1960 ) or otherwise, in relation to such matters and to such extent as may be specified in the regulations.

Persons subject to military law.

6.—A person who is subject to military law shall neither endeavour to persuade nor conspire with any other person to endeavour to persuade a member to join a trade union or other body (other than an association) referred to in section 2 (4) of this Act.

DEFENCE (AMENDMENT) ACT 2006

REVISED

Updated to 4 April 2022

AN ACT TO AUTHORISE THE DESPATCH OF CONTINGENTS OR MEMBERS OF THE PERMANENT DEFENCE FORCE FOR SERVICE OUTSIDE THE STATE AND TO PROVIDE FOR RELATED MATTERS.

[12th July, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Section 1

Definitions.

1.— In this Act—

“ Act of 1960 ” means the Defence (Amendment) (No. 2) Act 1960;

“ international organisation ” means—

(a) the United Nations,

(b) the Organisation for Security and Co-operation in Europe,

(d) any regional arrangement or agency that participates, or has participated, in operations as part of an International United Nations Force;

“ International United Nations Force ” means an international force or body established, mandated, authorised, endorsed, supported, approved or otherwise sanctioned by a resolution of the Security Council or the General Assembly of the United Nations;

“ Principal Act ” means the Defence Act 1954;

“ training ” means any programme or course of education, training or exercises and includes seminars and strategic and planning exercises.

Section 2

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

Section 3

Despatch of contingent or member of the Permanent Defence Force for external service for purposes other than service with International United Nations Force.

3.— (1) F1[Subject to subsection (3), a contingent or member of the Defence Forces] may, with the prior approval of and on the authority of the Government, be despatched for service outside the State for the purposes of—

(a) carrying out duties as a military representative or filling appointments or postings outside the State, including secondments to any international organisation,

(b) conducting or participating in training,

(d) undertaking monitoring, observation or advisory duties,

(e) participating in or undertaking reconnaissance or fact-finding missions,

(f) undertaking humanitarian tasks in response to an actual or potential disaster or emergency,

(g) participating in sporting events, or

(h) inspecting and evaluating stores, equipment and facilities.

(2) Nothing in this section shall prevent the Government from giving general approval, for such period of time as they determine, to such classes of any of the activities specified in subsection (1) as they consider appropriate and subject to such conditions as they impose.

F2[(3) A member of the Reserve Defence Force—

(a) shall not be despatched under subsection (1), unless the member has consented to the despatch in accordance with section 86A or 91A, as the case may be, of the Principal Act, and

(b) shall not be despatched for any purpose specified in paragraph (a) of subsection (1).]

Annotations

Amendments:

F1
Substituted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 17(a), S.I. No. 179 of 2022.

F2
Inserted (4.04.2022) by Defence (Amendment) Act 2021 (33/2021), s. 17(b), S.I. No. 179 of 2022.

Section 4

Liability of members of the Permanent Defence Force for service outside the State.

4.— (1) Notwithstanding any other enactment but subject to subsection (2), every member of the Permanent Defence Force shall be liable to serve outside the State—

(a) with a contingent of the Permanent Defence Force despatched for service with an International United Nations Force under section 2 of the Act of 1960, or

(b) with a contingent or as a member despatched for service for any purpose specified in section 3 of this Act.

(2) Subject to subsection (3), a member of the Permanent Defence Force appointed or enlisted before 1 July 1993 shall not be liable to serve outside the State with a contingent of the Permanent Defence Force despatched for service outside the State as part of an International United Nations Force unless that force is a force or body established by the Security Council or the General Assembly of the United Nations for the performance of duties of a police character.

(3) Where a member of the Permanent Defence Force (being a member specified in subsection (2)) has offered in writing, whether before, on or after the date of passing of this Act, to render himself liable for service outside the State during a specified period as part of an International United Nations Force (other than a force or body established by the Security Council or the General Assembly of the United Nations for the performance of duties of a police character) and the Minister or an officer authorised in that behalf by the Minister has accepted the offer, subsection (1) shall also apply to that member during that period.

Section 5

Section 11

Membership of international organisation.

11.— Nothing in this Act shall be construed as thereby authorising the State to become a member of an international organisation of which it is not already a member.

DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2009

AN ACT TO REQUIRE THAT PARTICIPATION BY THE STATE IN PROJECTS AND PROGRAMMES UNDER ARTICLES 20 AND 21 OF COUNCIL JOINT ACTION 2004/551/CFSP OF 12 JULY 2004 1 ON THE ESTABLISHMENT OF THE EUROPEAN DEFENCE AGENCY BE SUBJECT TO THE PRIOR APPROVAL OF THE GOVERNMENT AND DÁIL ÉIREANN; TO REQUIRE THAT PARTICIPATION BY THE STATE IN PERMANENT STRUCTURED COOPERATION REFERRED TO IN ARTICLE 42 OF THE TREATY ON EUROPEAN UNION ALSO BE SUBJECT TO SUCH APPROVAL; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[24th November, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.— In this Act—

“Council Joint Action” means Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of the European Defence Agency;

“ Treaty on European Union” means the Treaty on European Union amended by the Treaty of Lisbon;

“Treaty of Lisbon” means the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007;

“United Nations mandated mission” means a mission established, mandated, authorised, endorsed, supported, approved or otherwise sanctioned by a resolution of the Security Council or the General Assembly of the United Nations.

Participation by State in certain projects and programmes.

2.— (1) Participation by the State in a project or programme to which Article 20 or 21 of the Council Joint Action applies shall be subject to the prior approval of the Government and the prior approval of Dáil Éireann.

(2) The Government shall not approve participation by the State in a project or programme referred to in subsection (1) unless it is satisfied that such participation would contribute to the enhancement of capabilities for United Nations mandated missions engaged in peace keeping, conflict prevention or the strengthening of international security in accordance with the principles of the Charter of the United Nations.

Participation by State in permanent structured cooperation.

3.— (1) Notification by the State under paragraph 1 or 3 of Article 46 of the Treaty on European Union of the State’s intention to participate in permanent structured cooperation referred to in paragraph 6 of Article 42 of that treaty shall be subject to the prior approval of the Government and the prior approval of Dáil Éireann.

(2) The Government shall not approve the giving of a notification to which subsection (1) applies unless it is satisfied that participation in permanent structured cooperation to which the notification relates would contribute to the enhancement of capabilities for United Nations mandated missions engaged in peace keeping, conflict prevention or the strengthening of international security in accordance with the principles of the Charter of the United Nations.

Short title.

4.— This Act may be cited as the Defence (Miscellaneous Provisions) Act 2009.

1OJ No. L245 of 17.7.2004, p.17

DEFENCE FORCES (SECOND WORLD WAR AMNESTY AND IMMUNITY) ACT 2013

AN ACT TO PROVIDE FOR THE GRANTING OF AN AMNESTY, AND, AS APPROPRIATE, AN IMMUNITY FROM PROSECUTION, TO THOSE MEMBERS OF THE DEFENCE FORCES WHO SERVED WITH FORCES (INCLUDING THE ARMED FORCES OF A COUNTRY) FIGHTING ON THE ALLIED SIDE DURING THE SECOND WORLD WAR AND WERE SUBSEQUENTLY FOUND GUILTY BY A MILITARY TRIBUNAL OF, OR WHO WERE OR WHO STILL ARE LIABLE TO BE PROSECUTED FOR, DESERTION OR BEING ABSENT WITHOUT LEAVE, OR WHO WERE DISMISSED FROM THE DEFENCE FORCES PURSUANT TO THE PROVISIONS OF THE EMERGENCY POWERS (NO. 362) ORDER 1945 (S. R. & O. 1945. NO. 198); AND TO PROVIDE FOR RELATED MATTERS.

[14th May, 2013]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.— In this Act—

“Act of 1923” means the Defence Forces (Temporary Provisions) Act 1923 ;

“Allied side” means the countries and forces that opposed Germany, Italy and Japan and other countries (commonly described as the Axis powers) in the Second World War;

“being absent without leave” means any offence referred to in subsection (1), (2) or (3) of section 45 of the Act of 1923;

“Defence Forces” has the meaning assigned to it by the Order of 1945;

“desertion” means the offence referred to in paragraph (a) of subsection (1) of section 42 of the Act of 1923;

“Minister” means the Minister for Defence;

“Order of 1945” means the Emergency Powers (No. 362) Order 1945 (S. R. & O. 1945. No. 198), and includes those provisions of section 13 of the Defence Forces (Temporary Provisions) Act 1946 that relate to that Order;

“relevant person” shall be construed in accordance with section 2 ;

“Second World War” means the war commonly known by that name which occurred between the years 1939 and 1945.

Amnesty for deserters and those absent without leave in certain circumstances.

2.— (1) A relevant person who—

(a) was dismissed from the Defence Forces by virtue of Article 3 of the Order of 1945,

(b) was convicted of desertion or of being absent without leave, or

is granted an amnesty.

(2) In this section—

“amnesty” means, in relation to each relevant person—

(a) an acknowledgement that the treatment he or she received in consequence of his or her desertion or being absent without leave is now considered to have been unduly harsh,

(b) an apology for such treatment,

(c) an acceptance that the acts of desertion and being absent without leave occurred in the special circumstances of the Second World War, and

(d) an exoneration in respect of those acts;

“relevant person” means a member of the Defence Forces who deserted or was absent without leave during the course of the Second World War and who subsequently served with forces (including the armed forces of a country) fighting on the Allied side in that war.

Immunity from prosecution for deserters and those absent without leave in certain circumstances.

3.— Proceedings for desertion or being absent without leave shall not be brought against a relevant person.

Limitation of Act.

4.— (1) This Act shall not operate to—

(a) confer any right on any person,

(b) create any cause of action, or

(2) Section 2 shall not have the effect that a pardon under Article 13.6 of the Constitution would have.

Short Title.

5.— This Act may be cited as the Defence Forces (Second World War Amnesty and Immunity) Act 2013.