{"id":26969,"date":"2023-09-07T22:35:30","date_gmt":"2023-09-07T22:35:30","guid":{"rendered":"https:\/\/legalblog.ie\/?p=26969"},"modified":"2024-04-20T20:56:06","modified_gmt":"2024-04-20T20:56:06","slug":"defence-personnel","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/defence-personnel\/","title":{"rendered":"Defence Personnel"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Enlistment\" title=\"Enlistment\">Enlistment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Ineligible_Persons\" title=\"Ineligible Persons\">Ineligible Persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Transfers\" title=\"Transfers\">Transfers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Promotions_Demotions\" title=\"Promotions &amp; Demotions\">Promotions &amp; Demotions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Health_Welfare\" title=\"Health &amp; Welfare\">Health &amp; Welfare<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Appointment\" title=\"Appointment\">Appointment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Resignation\" title=\"Resignation\">Resignation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Cadets\" title=\"Cadets\">Cadets<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Commissioned_Officers\" title=\"Commissioned Officers\">Commissioned Officers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Senior_Positions\" title=\"Senior Positions\">Senior Positions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Females\" title=\"Females\">Females<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Terms_Conditions\" title=\"Terms &amp; Conditions\">Terms &amp; Conditions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Political_Activities\" title=\"Political Activities\">Political Activities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/defence-personnel\/#Exemptions\" title=\"Exemptions\">Exemptions<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#DEFENCE_ACT\" title=\"DEFENCE ACT\">DEFENCE ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Personnel_of_the_Defence_Forces\" title=\"Personnel of the Defence Forces.\">Personnel of the Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Persons_eligible_to_be_appointed_officers\" title=\"Persons eligible to be appointed officers.\">Persons eligible to be appointed officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Appointment_of_officers_and_commissions\" title=\"Appointment of officers, and commissions.\">Appointment of officers, and commissions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Oath_to_be_taken_by_officers\" title=\"Oath to be taken by officers.\">Oath to be taken by officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Assignment_of_officer_of_Reserve_Defence_Force_to_a_particular_class_of_the_Reserve_Defence_Force\" title=\"Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.\">Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Promotion_of_officers\" title=\"Promotion of officers.\">Promotion of officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Placing_of_officer_on_half-pay\" title=\"Placing of officer on half-pay.\">Placing of officer on half-pay.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Retirement_of_officers_of_the_Permanent_Defence_Force\" title=\"Retirement of officers of the Permanent Defence Force.\">Retirement of officers of the Permanent Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Relinquishment_of_commissions_by_officers_of_the_Reserve_Defence_Force\" title=\"Relinquishment of commissions by officers of the Reserve Defence Force.\">Relinquishment of commissions by officers of the Reserve Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Resignation_of_officers\" title=\"Resignation of officers.\">Resignation of officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Dismissal_of_officers\" title=\"Dismissal of officers.\">Dismissal of officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Effective_dates_of_appointment_etc_of_officers\" title=\"Effective dates of appointment, etc., of officers.\">Effective dates of appointment, etc., of officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Enlistment_and_Discharge_etc_of_Men\" title=\"Enlistment and Discharge, etc., of Men.\">Enlistment and Discharge, etc., of Men.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#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\" title=\"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.\">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.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Re-enlistment_of_formerly_enlisted_persons\" title=\"Re-enlistment of formerly enlisted persons\">Re-enlistment of formerly enlisted persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Enlistment_in_the_Permanent_Defence_Force_for_service_during_a_period_of_emergency\" title=\"Enlistment in the Permanent Defence Force for service during a period of emergency.\">Enlistment in the Permanent Defence Force for service during a period of emergency.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Direct_enlistment_in_the_Reserve_Defence_Force_for_service_during_a_fixed_period\" title=\"Direct enlistment in the Reserve Defence Force for service during a fixed period.\">Direct enlistment in the Reserve Defence Force for service during a fixed period.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Recruiting_regulations\" title=\"Recruiting regulations.\">Recruiting regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Mode_of_enlisting_recruits\" title=\"Mode of enlisting recruits.\">Mode of enlisting recruits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Oath_on_enlistment\" title=\"Oath on enlistment.\">Oath on enlistment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Effect_of_signing_declaration_required_by_attestation_paper_and_complying_with_section_58\" title=\"Effect of signing declaration required by attestation paper and complying with section 58.\">Effect of signing declaration required by attestation paper and complying with section 58.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Enlistment_for_general_service_and_appointment_to_service_corps\" title=\"Enlistment for general service and appointment to service corps.\">Enlistment for general service and appointment to service corps.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Transfer_of_men_of_Permanent_Defence_Force_enlisted_under_section_53_from_one_service_corps_to_another\" title=\"Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.\">Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Assignment_of_reservists_to_a_particular_class_of_reservists\" title=\"Assignment of reservists to a particular class of reservists.\">Assignment of reservists to a particular class of reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Change_of_conditions_of_service_of_men_enlisted_under_section_53\" title=\"Change of conditions of service of men enlisted under section 53.\">Change of conditions of service of men enlisted under section 53.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Re-engagement_of_men_of_the_Permanent_Defence_Force_enlisted_under_section_53\" title=\"Re-engagement of men of the Permanent Defence Force enlisted under section 53.\">Re-engagement of men of the Permanent Defence Force enlisted under section 53.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Continuance_in_service_after_21_years_service_of_men_of_the_Permanent_Defence_Force\" title=\"Continuance in service after 21 years\u2019 service of men of the Permanent Defence Force.\">Continuance in service after 21 years\u2019 service of men of the Permanent Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Extension_of_term_of_original_enlistment_of_reservists_enlisted_under_section_55\" title=\"Extension of term of original enlistment of reservists enlisted under section 55.\">Extension of term of original enlistment of reservists enlisted under section 55.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Re-engagement_of_reservists\" title=\"Re-engagement of reservists.\">Re-engagement of reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Continuance_in_service_after_21_years_service_of_reservists\" title=\"Continuance in service after 21 years\u2019 service of reservists.\">Continuance in service after 21 years\u2019 service of reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Period_of_desertion_or_absence_without_leave_to_be_excluded_in_reckoning_service_of_man_of_the_Permanent_Defence_Force\" title=\"Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.\">Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Transfer_to_the_Reserve_Defence_Force_or_discharge_of_men_of_the_Permanent_Defence_Force_enlisted_under_section_53\" title=\"Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.\">Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Discharge_of_men_of_the_Permanent_Defence_Force_enlisted_under_section_54\" title=\"Discharge of men of the Permanent Defence Force enlisted under section 54.\">Discharge of men of the Permanent Defence Force enlisted under section 54.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Discharge_of_reservists\" title=\"Discharge of reservists.\">Discharge of reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Discharge_otherwise_than_on_completion_of_service\" title=\"Discharge otherwise than on completion of service.\">Discharge otherwise than on completion of service.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Discharge_of_reservists_in_certain_public_service_positions\" title=\"Discharge of reservists in certain public service positions.\">Discharge of reservists in certain public service positions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Discharge_by_purchase\" title=\"Discharge by purchase.\">Discharge by purchase.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Status_of_unenlisted_person_in_receipt_of_pay_as_a_man\" title=\"Status of unenlisted person in receipt of pay as a man.\">Status of unenlisted person in receipt of pay as a man.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Status_of_persons_enlisted_or_re-engaged_where_error_or_illegality_in_enlistment_or_re-engagement\" title=\"Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.\">Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Order_for_discharge_of_men\" title=\"Order for discharge of men.\">Order for discharge of men.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Provisions_in_relation_to_discharge\" title=\"Provisions in relation to discharge.\">Provisions in relation to discharge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Certificate_of_discharge\" title=\"Certificate of discharge.\">Certificate of discharge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Promotion_of_Men_to_Higher_Non-Commissioned_Rank_and_Reduction_in_Rank_of_Non-Commissioned_Officers\" title=\"Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.\">Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Promotion_of_men_to_higher_non-commissioned_rank_and_reduction_in_rank_of_non-commissioned_officers\" title=\"Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.\">Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Service_of_Members_of_the_Defence_Forces\" title=\"Service of Members of the Defence Forces.\">Service of Members of the Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Service_of_members_of_the_Permanent_Defence_Force\" title=\"Service of members of the Permanent Defence Force.\">Service of members of the Permanent Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Service_of_officers_of_the_Reserve_Defence_Force\" title=\"Service of officers of the Reserve Defence Force.\">Service of officers of the Reserve Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Voluntary_military_service_of_officer_of_Reserve_Defence_Force\" title=\"Voluntary military service of officer of Reserve Defence Force\">Voluntary military service of officer of Reserve Defence Force<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Service_of_reservists\" title=\"Service of reservists.\">Service of reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Service_of_reservist_called_out_on_permanent_service\" title=\"Service of reservist called out on permanent service.\">Service of reservist called out on permanent service.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Calling_out_of_reservists_in_aid_of_the_civil_power\" title=\"Calling out of reservists in aid of the civil power.\">Calling out of reservists in aid of the civil power.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Service_of_reservists_called_out_in_aid_of_the_civil_power\" title=\"Service of reservists called out in aid of the civil power.\">Service of reservists called out in aid of the civil power.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Voluntary_military_service_of_reservist\" title=\"Voluntary military service of reservist\">Voluntary military service of reservist<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Annual_training_of_reservists\" title=\"Annual training of reservists.\">Annual training of reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Voluntary_training_of_reservists\" title=\"Voluntary training of reservists.\">Voluntary training of reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Attachment_of_reservist_on_voluntary_military_service\" title=\"Attachment of reservist on voluntary military service\">Attachment of reservist on voluntary military service<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Service_of_notices_on_reservists\" title=\"Service of notices on reservists.\">Service of notices on reservists.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Pay_and_Allowances_of_Members_of_the_Defence_Forces\" title=\"Pay and Allowances of Members of the Defence Forces.\">Pay and Allowances of Members of the Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Regulations_as_to_pay_allowances_and_gratuities_of_members_of_the_Defence_Forces\" title=\"Regulations as to pay, allowances and gratuities of members of the Defence Forces.\">Regulations as to pay, allowances and gratuities of members of the Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Deductions_from_pay_of_man_in_respect_of_certain_court_orders\" title=\"Deductions from pay of man in respect of certain court orders.\">Deductions from pay of man in respect of certain court orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Deductions_from_pay_of_man_in_respect_of_maintenance_of_wife_and_children\" title=\"Deductions from pay of man in respect of maintenance of wife and children.\">Deductions from pay of man in respect of maintenance of wife and children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Restrictions_on_deductions_from_pay_etc\" title=\"Restrictions on deductions from pay, etc.\">Restrictions on deductions from pay, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Withholding_of_pay_in_certain_cases\" title=\"Withholding of pay in certain cases.\">Withholding of pay in certain cases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Prohibition_of_assignment_of_pay_etc\" title=\"Prohibition of assignment of pay, etc.\">Prohibition of assignment of pay, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Disqualifications_Exemptions_and_Privileges_of_Members_of_the_Defence_Forces\" title=\"Disqualifications, Exemptions and Privileges of Members of the Defence Forces.\">Disqualifications, Exemptions and Privileges of Members of the Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Prohibition_of_membership_of_political_and_secret_societies\" title=\"Prohibition of membership of political and secret societies.\">Prohibition of membership of political and secret societies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Prohibition_on_political_activities_when_on_voluntary_military_service\" title=\"Prohibition on political activities when on voluntary military service\">Prohibition on political activities when on voluntary military service<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Disqualification_for_membership_of_a_local_authority\" title=\"Disqualification for membership of a local authority.\">Disqualification for membership of a local authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Arms_etc_of_members_of_the_Defence_Forces_to_be_exempt_from_seizure\" title=\"Arms, etc., of members of the Defence Forces to be exempt from seizure.\">Arms, etc., of members of the Defence Forces to be exempt from seizure.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Exemption_of_men_from_civil_process\" title=\"Exemption of men from civil process.\">Exemption of men from civil process.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Obstruction_etc_of_member_of_Garda_Siochana\" title=\"Obstruction, etc., of member of Garda S\u00edoch\u00e1na.\">Obstruction, etc., of member of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Non-liability_of_person_convicted_or_acquitted_by_court-martial_to_be_re-tried_by_civil_court\" title=\"Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.\">Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-88\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Exemption_from_duties_and_tolls\" title=\"Exemption from duties and tolls.\">Exemption from duties and tolls.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-89\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Exemption_of_members_of_the_Defence_Forces_from_certain_provisions_of_the_Road_Traffic_Act_1933\" title=\"Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.\">Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-90\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Redress_of_wrongs\" title=\"Redress of wrongs.\">Redress of wrongs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-91\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Collection_and_distribution_of_certain_property_of_deceased_members_of_the_Defence_Forces\" title=\"Collection and distribution of certain property of deceased members of the Defence Forces.\">Collection and distribution of certain property of deceased members of the Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-92\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Disposal_of_personal_belongings_of_deserter_absentee_or_person_of_unsound_mind\" title=\"Disposal of personal belongings of deserter, absentee or person of unsound mind.\">Disposal of personal belongings of deserter, absentee or person of unsound mind.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-93\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Regulations_for_purposes_of_Part_IV\" title=\"Regulations for purposes of Part IV.\">Regulations for purposes of Part IV.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-94\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Commissioned_Army_and_Naval_Ranks_in_the_Defence_Forces\" title=\"Commissioned Army and Naval Ranks in the Defence Forces\">Commissioned Army and Naval Ranks in the Defence Forces<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-95\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Non-commissioned_Army_and_Naval_Ranks_in_the_Defence_Forces\" title=\"Non-commissioned Army and Naval Ranks in the Defence Forces.\">Non-commissioned Army and Naval Ranks in the Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-96\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Matters_in_respect_of_which_regulations_may_be_made_under_section_26\" title=\"Matters in respect of which regulations may be made under section 26.\">Matters in respect of which regulations may be made under section 26.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-97\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Forms_of_commission_to_an_officer\" title=\"Forms of commission to an officer.\">Forms of commission to an officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-98\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Form_of_Oath_or_Declaration_to_be_taken_or_made_by_Officers_of_the_Permanent_Defence_Force\" title=\"Form of Oath or Declaration to be taken or made by Officers of the Permanent Defence Force.\">Form of Oath or Declaration to be taken or made by Officers of the Permanent Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-99\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Form_of_Oath_or_Declaration_to_be_taken_or_made_by_Officers_of_the_Reserve_Defence_Force\" title=\"Form of Oath or Declaration to be taken or made by Officers of the Reserve Defence Force.\">Form of Oath or Declaration to be taken or made by Officers of the Reserve Defence Force.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-100\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Form_of_Oath_or_Declaration_to_be_taken_or_made_by_F413persons_enlisting_in_the_Permanent_Defence_Force_under_section_53\" title=\"Form of Oath or Declaration to be taken or made by F413[persons enlisting] in the Permanent Defence Force under section 53.\">Form of Oath or Declaration to be taken or made by F413[persons enlisting] in the Permanent Defence Force under section 53.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-101\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Form_of_Oath_or_Declaration_to_be_taken_or_made_by_F416persons_enlisting_in_the_Permanent_Defence_Force_under_section_54\" title=\"Form of Oath or Declaration to be taken or made by F416[persons enlisting] in the Permanent Defence Force under section 54.\">Form of Oath or Declaration to be taken or made by F416[persons enlisting] in the Permanent Defence Force under section 54.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-102\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Form_of_Oath_or_Declaration_to_be_taken_or_made_by_F419persons_enlisting_in_the_Reserve_Defence_Force_under_section_55\" title=\"Form of Oath or Declaration to be taken or made by F419[persons enlisting] in the Reserve Defence Force under section 55.\">Form of Oath or Declaration to be taken or made by F419[persons enlisting] in the Reserve Defence Force under section 55.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-103\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#OMBUDSMAN_DEFENCE_FORCES_ACT_2004\" title=\"OMBUDSMAN (DEFENCE FORCES) ACT 2004\">OMBUDSMAN (DEFENCE FORCES) ACT 2004<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-104\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-105\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Appointment_of_Ombudsman\" title=\"Appointment of Ombudsman.\">Appointment of Ombudsman.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-106\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Functions_of_Ombudsman\" title=\"Functions of Ombudsman.\">Functions of Ombudsman.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-107\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Exclusions\" title=\"Exclusions.\">Exclusions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-108\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Complaint_to_Ombudsman\" title=\"Complaint to Ombudsman.\">Complaint to Ombudsman.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-109\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Reports\" title=\"Reports.\">Reports.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-110\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Production_of_document_information_etc\" title=\"Production of document, information, etc.\">Production of document, information, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-111\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Conduct_of_investigations\" title=\"Conduct of investigations.\">Conduct of investigations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-112\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Secrecy_of_information\" title=\"Secrecy of information.\">Secrecy of information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-113\" href=\"https:\/\/legalblog.ie\/defence-personnel\/2\/#Committee_of_Public_Accounts\" title=\"Committee of Public Accounts.\">Committee of Public Accounts.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Enlistment\"><\/span>Enlistment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Adjutant General is responsible for personnel matters in the Defence Forces.<\/p>\n<p>Enlistment is undertaken by taking an oath but is based on contractual terms. The contract has certain statutory terms and conditions.\u00a0 However, \u00a0a soldier is an office holder and not an employee.<\/p>\n<p>Age limits, heights and physical standards are prescribed.\u00a0 Soldiers may enlist for a period of 12 years or a lesser period as may be prescribed.\u00a0 After this initial enlistment, service may be extended on application for up to a further period of 21 years with provision for some shorter extensions after that.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ineligible_Persons\"><\/span>Ineligible Persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certain persons are ineligible to be recruited to the Army. These include<\/p>\n<ul>\n<li>persons discharged from the permanent or Reserve Defence Forces, military, naval or police services.<\/li>\n<li>Members of an Garda Siochana<\/li>\n<li>existing members of the forces.<\/li>\n<li>persons convicted of serious offence by a civil court.<\/li>\n<li>persons belonging to the armed forces or \u00a0police forces of another state<\/li>\n<li>certain persons in receipt of disability pensions<\/li>\n<li>persons ordinarily resident outside the state<\/li>\n<li>persons convicted by the Special Criminal Court of certain offences against the State unless certain periods have expired, or a pardon has been granted.<\/li>\n<li>persons failing to meet the requisite standards<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Transfers\"><\/span>Transfers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions, subject to conditions, for transfer between one service corps and another.\u00a0 Minimum periods may be required before transfer is allowed. Soldiers may be detached from the unit to which they belong and attached to another unit within the same command or another command by arrangement between the commanding officers.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Promotions_Demotions\"><\/span>Promotions &amp; Demotions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Promotions up to the rank of Corporal require a recommendation by a commanding officer, good military conduct ratings and completion of training courses and instructions. Promotions above the rank of Corporal to the rank of Sergeant are made by the Adjutant General.\u00a0 Canvassing is forbidden.<\/p>\n<p>Non-commissioned officers may be reduced in rank voluntarily, by court martial decision or by the Adjutant General where there are good grounds.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Health_Welfare\"><\/span>Health &amp; Welfare<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The officers commanding barracks and units, camps and posts are responsible for the health of all personnel, whom they \u00a0command. \u00a0They must have them \u00a0medically inspected when they consider necessary.\u00a0 The medical officer may advise the commanding officer that a medical that a medical examination should be carried out.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appointment\"><\/span>Appointment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President appoints Irish citizens and other persons approved by the Minister as officers of the Defence Forces to the commissioned ranks.\u00a0 Persons may be appointed from cadet training (the majority) or those in the enlisted ranks after completing an officer training course.\u00a0 Certain direct entry officers who have specialist qualifications, such as in music, medicine,\u00a0 dentistry and other technical officers, may be appointed directly.<\/p>\n<p>The commission is held from the President. \u00a0An officer is commissioned for an indefinite period or until he reaches retirement age in the relevant regulations for the rank subject to physical and mental capacity.\u00a0 However, the fact that the appointment is without limitation of time does not mean that it cannot be terminated, although it would generally not be terminated without good reason.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Resignation\"><\/span>Resignation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An officer may resign his commission.\u00a0 This is effective, only once accepted.\u00a0 Permission may be required to retire, if the officer wishes to avail of certain lump-sum, gratuity and pension and benefits.<\/p>\n<p>In some cases, where special training is involved, the officer may be obliged to undertake to refund the Department part of the expense concerned in the event of premature resignation or retirement.\u00a0 This would be capable of being discharged monetarily.\u00a0 Where training is required under lawful order, the view is taken that it would be improper to require refund as this would amount compulsory military service.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cadets\"><\/span>Cadets<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may qualify to be cadet if he<\/p>\n<ul>\n<li>is \u00a0born in Ireland or the child of a person born in Ireland<\/li>\n<li>is a citizen or a child of an Irish citizen<\/li>\n<li>satisfies requirements in relation to education, age and physical standards<\/li>\n<li>satisfies character requirements<\/li>\n<\/ul>\n<p>Cadet applicants are interviewed by a interview board examined by a medical board and subject to further rounds of interview. The Minister awards cadetships which require prescribed courses of training. Cadets are enlisted as private soldiers for general service while training.\u00a0 .<\/p>\n<p>The cadetship may be withdrawn on request on<\/p>\n<ul>\n<li>failure of medical examination,<\/li>\n<li>unsatisfactory conduct,<\/li>\n<li>failure to complete training<\/li>\n<li>failure to show satisfactory progress or develop the requisite skills.<\/li>\n<\/ul>\n<p>Where the cadet cannot complete training within the requisite period an extension may be granted. Upon withdrawal, the cadet may revert to his pre-existing position or be discharged. Cadets are required to undertake in the event of resignation or retirement within a specified period to refund cost.<\/p>\n<p>Upon completion of training, and passing medical standards, the cadet on may be nominated to be an officer at the rank of second lieutenant or ensign in the \u00a0naval service.\u00a0 Nomination is conditional upon satisfactory service during the cadetship and being recommended by the Chief of Staff as suitable for appointment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Commissioned_Officers\"><\/span>Commissioned Officers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are number of mechanisms by which enlisted personnel may be commissioned.\u00a0 They may apply through the cadetships system.\u00a0 Alternatively, they may be selected as for a potential officers course and commissioned from it.<\/p>\n<p>Persons eligible to be appointed as officers of the Defence Forces may be appointed by the president as officers of the Reserve Defence Forces.\u00a0 Persons appointed are assigned to particular classes.<\/p>\n<p>Officers of the Permanent Defence Forces may on leaving apply to be officers of the reserve of officer&#8217;s first line.\u00a0 Non-commissioned officers of the reserve of men with good character and satisfactory education, and who show exceptional keenness and efficiency are eligible to be nominated as officers of the Reserve Defence Forces to be assigned to the reserve of officers. Certain persons with third level of other special qualifications may be nominated for appointment as an officer of the Reserve Defence Forces subject to compliance with age and other criteria.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Senior_Positions\"><\/span>Senior Positions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The major military officers of state are appointed by on the government&#8217;s advice by the President. Officers may be promoted by the Minister for Defence on receipt of recommendations by the Chief of Staff or promotion boards.\u00a0 Promotion boards may hold competitions.<\/p>\n<p>The Chief of Staff makes promotions up to the rank of captain, with the applications considered by a promotion board. There are a number of classes of promotion boards dealing with promotions to the higher levels of the army. There are formalities associated with the organisation procedures and recommendations of the promotion board. The system of promotions has been revised.<\/p>\n<p>Officers and soldiers of the Defence Forces are obliged to render military service within or outside the State.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Females\"><\/span>Females<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Women were permitted to enter the Defence Forces in 1979. In 1992, women members were given access to all appointments. This applies to both the Permanent Defence Forces and the Reserve Defence Forces.<\/p>\n<p>Females are entitled to equality of opportunity in relation to overseas missions with United Nations. \u00a0Cognisance may be \u00a0taken of the nature of the operation, facilities, customs culture, religious ethos and the role of women in the relevant society.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Terms_Conditions\"><\/span>Terms &amp; Conditions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Terms and conditions, including pay and employment allowances, are prescribed by law.\u00a0 Pay may be forfeited due to absence without leave, imprisonment and in other circumstances.<\/p>\n<p>There are special provisions in relation to the deduction of pay.\u00a0 Deductions in pay are prohibited save on limited grounds.\u00a0 There are special provisions allowing for the deduction of maintenance orders which are over and above the standard provisions under maintenance and childcare legislation.\u00a0 Military earnings are not capable of being attached for civil debts.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Political_Activities\"><\/span>Political Activities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Members of the Permanent Defence Forces may not join any political organisation or secret society.\u00a0 Members of the Reserve Defence Forces may not join a secret society.<\/p>\n<p>Members of the Reserve Defence Forces who are continuously engaged in military service or called out on permanent service may not take part in certain specific political activities. It is an offence to organise or attempt to organise any secret society amongst members of the Defence Forces or to assist or partake in any such activity.<\/p>\n<p>Defence Forces members may not become members of local authority, ETB and may other bodies. They are ineligible for jury service.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exemptions\"><\/span>Exemptions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Members of the Defence Forces enjoy certain exemptions from road traffic law while driving State military vehicles on duty.\u00a0 They are exempt from certain tolls and charges.\u00a0 The arms, equipment, clothing, and service necessaries may not be ceased by a court order.<\/p>\n<p><!--nextpage--><\/p>\n<h2>DEFENCE ACT<\/h2>\n<p>PART IV.<\/p>\n<h4>Personnel of the Defence Forces.<\/h4>\n<p>Chapter I.<\/p>\n<p>Officers.<\/p>\n<p>Section 41<\/p>\n<h4>Persons eligible to be appointed officers.<\/h4>\n<p>41.\u2014Each 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:\u2014<\/p>\n<p>(a) Irish citizens;<\/p>\n<p>(b) any other persons specially approved by the Minister.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C20<br \/>\nApplication of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act (28\/1979), s. 3, S.I. No. 19 of 1980.<\/p>\n<p>Application of section 41 of Principal Act to women.<\/p>\n<p>3.\u2014A 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.<\/p>\n<p>Section 42<\/p>\n<h4>Appointment of officers, and commissions.<\/h4>\n<p>42.\u2014(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.<\/p>\n<p>(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,\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(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 \u201csealadach\u201d or (in English) \u201ctemporary\u201d shall (as the case may require) be endorsed on the commission.<\/p>\n<p>(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.<\/p>\n<p>Section 43<\/p>\n<h4>Oath to be taken by officers.<\/h4>\n<p>43.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Section 44<\/p>\n<h4>Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.<\/h4>\n<p>44.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(3) In this section, the expression \u201cclass of the Reserve Defence Force\u201d means any class of the Reserve Defence Force being\u2014<\/p>\n<p>(a) the Reserve of Officers (First Line), or<\/p>\n<p>(b) the Reserve of Officers (An F\u00f3rsa Cosanta Aiti\u00fail), or<\/p>\n<p>(c) the Reserve of Officers (An Slua Muir\u00ed), or<\/p>\n<p>(d) any class constituted under subsection (2) of section 21.<\/p>\n<p>Section 45<\/p>\n<h4>Promotion of officers.<\/h4>\n<p>45.\u2014(1) The Minister may, in accordance with regulations made by him, promote any officer to a higher substantive rank.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Section 46<\/p>\n<h4>Placing of officer on half-pay.<\/h4>\n<p>46.\u2014The Minister may, in accordance with regulations made by him, place an officer on half-pay for a period not exceeding one year.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C21<br \/>\nApplication of section restricted by Defence Forces (Pensions) Scheme 1937 (S. R. &amp; 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 D\u00e1il \u00c9ireann, Vol. 155, 14 March 1956 and Seanad \u00c9ireann, Vol. 45, 15 March 1956.<\/p>\n<p>[23A. (1)&#8230;<\/p>\n<p>(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\u2014<\/p>\n<p>(a) retires or is retired or dies while on such half-pay, or<\/p>\n<p>(b) having been immediately before retirement on such half-pay, dies after retirement,<\/p>\n<p>then, for the purposes of this Scheme and of Article 20 of the Amending Scheme of 1949, such officer shall\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>&#8230;]<\/p>\n<p>Section 47<\/p>\n<h4>Retirement of officers of the Permanent Defence Force.<\/h4>\n<p>47.\u2014(1) In this section, the word \u201cofficer\u201d means an officer of the Permanent Defence Force.<\/p>\n<p>(2) An officer may, for any prescribed reason, be retired by the President.<\/p>\n<p>(3) An officer whose appointment as an officer is temporary may at any time be retired by the President.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) An officer whose appointment as an officer is for a specified period shall retire on the expiration of that period.<\/p>\n<p>(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.<\/p>\n<p>(7) An officer who is retired or who retires shall cease to be an officer.<\/p>\n<p>Section 48<\/p>\n<h4>Relinquishment of commissions by officers of the Reserve Defence Force.<\/h4>\n<p>48.\u2014(1) In this section, the word \u201cofficer\u201d means an officer of the Reserve Defence Force.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) An officer whose appointment as an officer is for a specified period shall relinquish his commission on the expiration of that period.<\/p>\n<p>(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.<\/p>\n<p>(7) An officer who relinquishes his commission shall cease to be an officer.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F34<br \/>\nInserted (9.12.1977) by European Assembly Elections Act 1977 (30\/1977), s. 22, commenced on enactment.<\/p>\n<p>Section 49<\/p>\n<h4>Resignation of officers.<\/h4>\n<p>49.\u2014(1) An officer may, in the prescribed manner, tender to the President the resignation of his commission.<\/p>\n<p>(2) The President may accept or refuse to accept the resignation of his commission tendered by an officer.<\/p>\n<p>(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.<\/p>\n<p>(4) Where the resignation by an officer of his commission is accepted, such officer shall cease to be an officer.<\/p>\n<p>Section 50<\/p>\n<h4>Dismissal of officers.<\/h4>\n<p>50.\u2014(1) The President may dismiss any officer.<\/p>\n<p>(2) Except in the case of an officer who is sentenced by a civil court to suffer F35[\u2026] F36[\u2026] 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.<\/p>\n<p>(3) An officer who is dismissed shall cease to be an officer.<\/p>\n<p>F37[(4) This section shall not apply to a military judge.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F35<br \/>\nDeleted (11.07.1990) by Criminal Justice Act 1990 (16\/1990), s. 7 and sch. 1 para. 4(a), commenced on enactment.<\/p>\n<p>F36<br \/>\nDeleted (22.07.1997) by Criminal Law Act 1997 (14\/1997), s. 14 and sch. 2 para. 3, commenced as per s. 1.<\/p>\n<p>F37<br \/>\nInserted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Section 51<\/p>\n<h4>Effective dates of appointment, etc., of officers.<\/h4>\n<p>51.\u2014(1) The following\u2014<\/p>\n<p>(a) the appointment of a person to be an officer of the Permanent Defence Force or the Reserve Defence Force,<\/p>\n<p>(b) the retirement, under subsection (2) or (3) of section 47, of an officer of the Permanent Defence Force,<\/p>\n<p>(c) the relinquishment of his commission, under subsection (2) or (3) of section 48, by an officer of the Reserve Defence Force,<\/p>\n<p>(d) the resignation by an officer of his commission,<\/p>\n<p>(e) the dismissal of an officer under section 50,<\/p>\n<p>shall, in each case, take effect from such date as the President may fix.<\/p>\n<p>(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.<\/p>\n<p>(3) The following\u2014<\/p>\n<p>(a) the promotion of an officer to higher substantive or acting commissioned rank,<\/p>\n<p>(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,<\/p>\n<p>shall take effect as from such date as the Minister may fix.<\/p>\n<p>Section 52<br \/>\nNotification of appointments, etc., in Iris Oifigi\u00fail.<\/p>\n<p>52.\u2014Notice 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 Oifigi\u00fail.<\/p>\n<p>Chapter II.<\/p>\n<p>Men.<\/p>\n<p>Division I.<\/p>\n<h4>Enlistment and Discharge, etc., of Men.<\/h4>\n<p>Original enlistment.<\/p>\n<p>Section 53<\/p>\n<h4>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.<\/h4>\n<p>53.\u2014(1) (a) A person F38[\u2026] 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.<\/p>\n<p>(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.<\/p>\n<p>(2) The enlistment of a person under this section shall be as follows, either\u2014<\/p>\n<p>(a) for the whole of the term of his original enlistment in the Permanent Defence Force, or<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F38<br \/>\nDeleted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(a)(i), S.I. No. 179 of 2022.<\/p>\n<p>F39<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(a)(ii)(I), S.I. No. 179 of 2022.<\/p>\n<p>F40<br \/>\nInserted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(a)(ii)(II), S.I. No. 179 of 2022.<\/p>\n<p>F41<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(a)(ii)(III), S.I. No. 179 of 2022.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C22<br \/>\nApplication of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 4, S.I. No. 19 of 1980.<\/p>\n<p>Application of sections 53, 54 and 55 of Principal Act to women.<\/p>\n<p>4.\u2014A woman may\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) be enlisted in the Permanent Defence Force for service for a period of emergency, or<\/p>\n<p>(c) be directly enlisted in the Reserve Defence Force for service for a fixed period,<\/p>\n<p>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.<\/p>\n<p>Section 53A<br \/>\nF42[<\/p>\n<h4>Re-enlistment of formerly enlisted persons<\/h4>\n<p>53A. (1) A person who was formerly enlisted in the Permanent Defence Force\u2014<\/p>\n<p>(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<\/p>\n<p>(b) who was discharged in accordance with section 75,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) Sections 53, 63, 64, 65 and 70 shall not apply to a person re-enlisted under this section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F42<br \/>\nInserted (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2\/2020), s. 26(b), commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nNote 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.<\/p>\n<p>Section 54<\/p>\n<h4>Enlistment in the Permanent Defence Force for service during a period of emergency.<\/h4>\n<p>54.\u2014A person F43[\u2026] 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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nDeleted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(b), S.I. No. 179 of 2022.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C23<br \/>\nApplication of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 4, S.I. No. 19 of 1980.<\/p>\n<p>Application of sections 53, 54 and 55 of Principal Act to women.<\/p>\n<p>4.\u2014A woman may\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) be enlisted in the Permanent Defence Force for service for a period of emergency, or<\/p>\n<p>(c) be directly enlisted in the Reserve Defence Force for service for a fixed period,<\/p>\n<p>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.<\/p>\n<p>Section 55<\/p>\n<h4>Direct enlistment in the Reserve Defence Force for service during a fixed period.<\/h4>\n<p>55.\u2014(1) (a) A person F44[\u2026] 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(3) A person enlisted under this section shall be enlisted for service in a particular class of reservists.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F44<br \/>\nDeleted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(c)(i), S.I. No. 179 of 2022.<\/p>\n<p>F45<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(c)(ii)(I), S.I. No. 179 of 2022.<\/p>\n<p>F46<br \/>\nInserted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(c)(ii)(II), S.I. No. 179 of 2022.<\/p>\n<p>F47<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(c)(ii)(III), S.I. No. 179 of 2022.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C24<br \/>\nApplication of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 4, S.I. No. 19 of 1980.<\/p>\n<p>4.\u2014A woman may\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) be enlisted in the Permanent Defence Force for service for a period of emergency, or<\/p>\n<p>(c) be directly enlisted in the Reserve Defence Force for service for a fixed period,<\/p>\n<p>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.<\/p>\n<p>Proceedings for enlistment.<\/p>\n<p>Section 56<\/p>\n<h4>Recruiting regulations.<\/h4>\n<p>56.\u2014(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:\u2014<\/p>\n<p>(a) the appointment and duties of recruiters;<\/p>\n<p>(b) the persons authorised to enlist recruits for the Permanent Defence Force and the Reserve Defence Force;<\/p>\n<p>(c) the manner in which recruits are to be enlisted;<\/p>\n<p>(d) the forms to be used for the purposes of enlistment;<\/p>\n<p>(e) the persons to be enlisted;<\/p>\n<p>(f) the enlistment of recruits for service in a particular service corps;<\/p>\n<p>(g) the enlistment of recruits in the Reserve Defence Force for service in a particular class of reservists;<\/p>\n<p>(h) any other matter in relation to proceedings for enlistment.<\/p>\n<p>(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.<\/p>\n<p>Section 57<\/p>\n<h4>Mode of enlisting recruits.<\/h4>\n<p>57.\u2014Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall be enlisted in accordance with recruiting regulations.<\/p>\n<p>Section 58<\/p>\n<h4>Oath on enlistment.<\/h4>\n<p>58.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) The oath or declaration mentioned in subsection (1), (2) or (3) of this section shall be taken or made before a prescribed officer.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F48<br \/>\nSubstituted (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2\/2020), s. 26(c), commenced on enactment.<\/p>\n<p>Section 59<\/p>\n<h4>Effect of signing declaration required by attestation paper and complying with section 58.<\/h4>\n<p>59.\u2014Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall, upon\u2014<\/p>\n<p>(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<\/p>\n<p>(b) complying with section 58,<\/p>\n<p>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.<\/p>\n<p>Appointment to service corps.<\/p>\n<p>Section 60<\/p>\n<h4>Enlistment for general service and appointment to service corps.<\/h4>\n<p>60.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Section 61<\/p>\n<h4>Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.<\/h4>\n<p>61.\u2014(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].<\/p>\n<p>(2) The following provisions shall apply in respect of a man of the Permanent Defence Force enlisted for general service\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,\u2014<\/p>\n<p>(i) he consents to such transfer, or<\/p>\n<p>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[\u2026], or]<\/p>\n<p>(ii) a proclamation authorising the calling out of reservists on permanent service is for the time being in force.<\/p>\n<p>(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[\u2026]].<\/p>\n<p>(4) The provisions of this section shall have effect subject to subsection (2) of section 296.<\/p>\n<p>F54[(5) A man of the Permanent Defence Force who by virtue of this section F55[\u2026] 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nSubstituted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 8, commenced on enactment as per s. 1(3).<\/p>\n<p>F50<br \/>\nInserted (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)).<\/p>\n<p>F51<br \/>\nDeleted (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 5(a), commenced on enactment.<\/p>\n<p>F52<br \/>\nInserted (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)).<\/p>\n<p>F53<br \/>\nDeleted (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 5(b), commenced on enactment.<\/p>\n<p>F54<br \/>\nInserted (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)).<\/p>\n<p>F55<br \/>\nDeleted (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 5(c)(i), commenced on enactment.<\/p>\n<p>F56<br \/>\nInserted (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 5(c)(ii), commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C25<br \/>\nTerm \u201cInternational United Nations Force\u201d construed (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 2(2), commenced on enactment.<\/p>\n<p>Application of certain provisions of Act of 1960 and Principal Act.<\/p>\n<p>2.\u2014 &#8230;<\/p>\n<p>(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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nIn Defence (Amendment) (No. 2) Act 1960 (44\/1960), s. 4, subs. (2) appears to be misprinted as subs. (6).<\/p>\n<p>E8<br \/>\nPrevious 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.<\/p>\n<p>E9<br \/>\nPrevious 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.<\/p>\n<p>Assignment of reservists to classes of reservists.<\/p>\n<p>Section 62<\/p>\n<h4>Assignment of reservists to a particular class of reservists.<\/h4>\n<p>62.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Variation of engagement, re-engagement and continuance in service.<\/p>\n<p>Section 63<\/p>\n<h4>Change of conditions of service of men enlisted under section 53.<\/h4>\n<p>63.\u2014(1) (a) This subsection applies to a man of the Permanent Defence Force who is enlisted under section 53.<\/p>\n<p>(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:\u2014<\/p>\n<p>(i) to enter the Reserve Defence Force at any time for the residue unexpired of the term of his original enlistment, or<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Section 64<\/p>\n<h4>Re-engagement of men of the Permanent Defence Force enlisted under section 53.<\/h4>\n<p>64.\u2014Subject 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\u2019 service reckoned as aforesaid and inclusive of any period previously served in the Reserve Defence Force.<\/p>\n<p>Section 65<\/p>\n<h4>Continuance in service after 21 years\u2019 service of men of the Permanent Defence Force.<\/h4>\n<p>65.\u2014(1) The Minister may, as respects men of the Permanent Defence Force who have completed a total continuous period of twenty-one years\u2019 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.<\/p>\n<p>(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.<\/p>\n<p>Section 66<\/p>\n<h4>Extension of term of original enlistment of reservists enlisted under section 55.<\/h4>\n<p>66.\u2014(1) This section applies to a reservist who is enlisted under section 55.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Section 67<\/p>\n<h4>Re-engagement of reservists.<\/h4>\n<p>67.\u2014Subject 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\u2019 service reckoned as aforesaid and inclusive, in case he enlisted under section 53, of any period previously served in the Permanent Defence Force.<\/p>\n<p>Section 68<\/p>\n<h4>Continuance in service after 21 years\u2019 service of reservists.<\/h4>\n<p>68.\u2014(1) The Minister may, as respects reservists who have completed a total continuous period of twenty-one years\u2019 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.<\/p>\n<p>(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.<\/p>\n<p>Transfer to Reserve Defence Force and discharge.<\/p>\n<p>Section 69<\/p>\n<h4>Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.<\/h4>\n<p>69.\u2014Where 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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F57<br \/>\nSubstituted (27.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2\/2020), s. 26(b), commenced on enactment.<\/p>\n<p>Section 70<\/p>\n<h4>Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.<\/h4>\n<p>70.\u2014(1) This section applies only to men of the Permanent Defence Force enlisted under section 53.<\/p>\n<p>(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.<\/p>\n<p>(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,<\/p>\n<p>(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(ii) on the expiration of such further period\u2014<\/p>\n<p>(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,<\/p>\n<p>(II) in any other case, he shall be transferred in the prescribed manner to the Reserve Defence Force.<\/p>\n<p>(c) Where a man of the Permanent Defence Force is required by this subsection to be transferred to the Reserve Defence Force\u2014<\/p>\n<p>(i) he shall until so transferred be subject to this Act as a man of the Permanent Defence Force,<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) Subsections (3) and (4) of this section shall have effect subject to subsection (3) of section 296.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F58<br \/>\nInserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44\/1960), s. 4(3), commenced on enactment.<\/p>\n<p>F59<br \/>\nInserted (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 6, commenced on enactment.<\/p>\n<p>F60<br \/>\nInserted (21.12.1960) by Defence (Amendment) (No. 2) Act 1960 (44\/1960), s. 4(3), commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C26<br \/>\nTerm \u201cInternational United Nations Force\u201d construed (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 2, commenced on enactment.<\/p>\n<p>Application of certain provisions of Act of 1960 and Principal Act.<\/p>\n<p>2.\u2014&#8230;<\/p>\n<p>(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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E10<br \/>\nPrevious 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.<\/p>\n<p>E11<br \/>\nPrevious 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.<\/p>\n<p>Section 71<\/p>\n<h4>Discharge of men of the Permanent Defence Force enlisted under section 54.<\/h4>\n<p>71.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Section 72<\/p>\n<h4>Discharge of reservists.<\/h4>\n<p>72.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(c) Paragraphs (a) and (b) of this subsection shall have effect subject to subsection (2) of section 297.<\/p>\n<p>(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.<\/p>\n<h4>Discharge otherwise than on completion of service.<\/h4>\n<p>Section 73<br \/>\nDischarge of men by direction of Minister or authorised officer.<\/p>\n<p>73.\u2014The 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).<\/p>\n<p>Section 74<br \/>\nF61[<\/p>\n<h4>Discharge of reservists in certain public service positions.<\/h4>\n<p>74.\u2014A reservist who is\u2014<\/p>\n<p>(a) elected as a member of either House of the Oireachtas or the European Parliament,<\/p>\n<p>(b) nominated as a member of Seanad \u00c9ireann, or<\/p>\n<p>(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,<\/p>\n<p>shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F61<br \/>\nSubstituted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 13(a), S.I. No. 179 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E12<br \/>\nPrevious 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.<\/p>\n<p>Section 75<\/p>\n<h4>Discharge by purchase.<\/h4>\n<p>75.\u2014(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.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(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<\/p>\n<p>(b) such payment and application are not made during a period of emergency,<\/p>\n<p>such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a person has enlisted, and<\/p>\n<p>(b) a period of emergency commences within three months after the date of his attestation, and<\/p>\n<p>(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,<\/p>\n<p>such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C27<br \/>\nTerm \u201cInternational United Nations Force\u201d construed (12.07.2006) by Defence (Amendment) Act 2006 (20\/2006), s. 2, commenced on enactment.<\/p>\n<p>Application of certain provisions of Act of 1960 and Principal Act.<\/p>\n<p>2.\u2014&#8230;<\/p>\n<p>(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.<\/p>\n<p>C28<br \/>\nApplication 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.<\/p>\n<p>Amendments of the Principal Act.<\/p>\n<p>4.\u2014&#8230;<\/p>\n<p>(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].<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E13<br \/>\nPrevious 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.<\/p>\n<p>E14<br \/>\nPrevious 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.<\/p>\n<p>Section 76<br \/>\nDischarge of persons under eighteen.<\/p>\n<p>76.\u2014F62[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F62<br \/>\nDeleted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(d), S.I. No. 179 of 2022.<\/p>\n<p>Section 77<br \/>\nDischarge of apprentices.<\/p>\n<p>77.\u2014F63[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F63<br \/>\nDeleted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(d), S.I. No. 179 of 2022.<\/p>\n<p>Status of unenlisted person in receipt of pay as a man and of persons informally enlisted.<\/p>\n<p>Section 78<\/p>\n<h4>Status of unenlisted person in receipt of pay as a man.<\/h4>\n<p>78.\u2014(1) Where a person\u2014<\/p>\n<p>(a) has accepted pay as a man of the Permanent Defence Force, and<\/p>\n<p>(b) has neither been attested nor re-engaged as a man of the Permanent Defence Force,<\/p>\n<p>the following provisions shall have effect\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Section 79<\/p>\n<h4>Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.<\/h4>\n<p>79.\u2014(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.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and<\/p>\n<p>(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<\/p>\n<p>(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<\/p>\n<p>(d) such person, within three months after he first so accepted pay, claims his discharge on the ground of such error or illegality,<\/p>\n<p>then the following provisions shall apply\u2014<\/p>\n<p>(i) such person shall be discharged from the Permanent Defence Force with all convenient speed;<\/p>\n<p>(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.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and<\/p>\n<p>(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<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>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.<\/p>\n<p>(4) Where\u2014<\/p>\n<p>(a) a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>the following provisions shall have effect\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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:\u2014<\/p>\n<p>(a) references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force, and<\/p>\n<p>(b) references to pay shall be construed as references to pay, a grant or other payment.<\/p>\n<p>General provisions as to discharge.<\/p>\n<p>Section 80<\/p>\n<h4>Order for discharge of men.<\/h4>\n<p>80.\u2014Where a man is required by section 70, 71, 72, 75, F64[\u2026] 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).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F64<br \/>\nDeleted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 3(e), S.I. No. 179 of 2022.<\/p>\n<p>Section 81<\/p>\n<h4>Provisions in relation to discharge.<\/h4>\n<p>81.\u2014(1) A man shall not be discharged from the Permanent Defence Force or the Reserve Defence Force except in pursuance of\u2014<\/p>\n<p>(a) a direction under section 73, or<\/p>\n<p>(b) an order of the prescribed military authority under section 80, or<\/p>\n<p>(c) a sentence of discharge with F65[disgrace] from the Defence Forces or of discharge from the Defence Forces imposed by a court-martial.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<p>(4) Subsections (1), (2) and (3) of this section shall not apply to a reservist discharged by virtue of section 74.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F65<br \/>\nSubstituted (1.09.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.<\/p>\n<p>Section 82<\/p>\n<h4>Certificate of discharge.<\/h4>\n<p>82.\u2014Where 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.<\/p>\n<p>Section 83<br \/>\nCollection and disposal of moneys paid in respect of discharge of men.<\/p>\n<p>83.\u2014(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.<\/p>\n<p>(2) The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable in respect of the discharge of men.<\/p>\n<p>Division II.<\/p>\n<h4>Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.<\/h4>\n<p>Section 84<\/p>\n<h4>Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.<\/h4>\n<p>84.\u2014(1) The Minister or any officer authorised by him in that behalf may promote\u2014<\/p>\n<p>(a) any man holding a non-commissioned army rank to a higher substantive non-commissioned army rank,<\/p>\n<p>(b) any man holding a non-commissioned naval rank to a higher substantive non-commissioned naval rank.<\/p>\n<p>(2) The Minister or any officer authorised by him in that behalf may for a prescribed reason reduce\u2014<\/p>\n<p>(a) a non-commissioned officer holding a substantive non-commissioned army rank to a lower substantive non-commissioned army rank,<\/p>\n<p>(b) a non-commissioned officer holding a substantive non-commissioned naval rank to a lower substantive non-commissioned naval rank.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) The Minister or any officer authorised by him in that behalf may promote\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(5) The Minister or any officer authorised by him in that behalf may direct that\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(6) The following\u2014<\/p>\n<p>(a) any promotion under subsection (1) or (4) of this section,<\/p>\n<p>(b) any reduction under subsection (2) of this section,<\/p>\n<p>(c) any reversion under subsection (5) of this section,<\/p>\n<p>shall take effect as from such date as the authority making the promotion or reduction or directing the reversion shall fix.<\/p>\n<p>Chapter III.<\/p>\n<h4>Service of Members of the Defence Forces.<\/h4>\n<p>Service of members of the Permanent Defence Force.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E15<br \/>\nPrevious 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.<\/p>\n<p>E16<br \/>\nPrevious 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.<\/p>\n<p>Section 85<\/p>\n<h4>Service of members of the Permanent Defence Force.<\/h4>\n<p>85.\u2014Every 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.<\/p>\n<p>Service of officers of the Reserve Defence Force.<\/p>\n<p>Section 86<\/p>\n<h4>Service of officers of the Reserve Defence Force.<\/h4>\n<p>86.\u2014(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.<\/p>\n<p>(2) Every officer of the Reserve Defence Force shall serve under such conditions as may be prescribed.<\/p>\n<p>Section 86A<br \/>\nF66[<\/p>\n<h4>Voluntary military service of officer of Reserve Defence Force<\/h4>\n<p>86A.\u2014(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).<\/p>\n<p>(2) A notification under subsection (1) shall specify\u2014<\/p>\n<p>(a) the nature of the supplemental military service to which the officer concerned may consent under subsection (7),<\/p>\n<p>(b) the duration and frequency of the periods of supplemental military service to which the officer concerned may consent under subsection (7), and<\/p>\n<p>(c) the dates from and to which the officer concerned may be available to be deployed on supplemental military service.<\/p>\n<p>(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.<\/p>\n<p>(4) Where the Minister determines that\u2014<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>the Minister may approve the deployment of an officer of the Reserve Defence Force on supplemental military service.<\/p>\n<p>(5) An approval under subsection (4) shall specify\u2014<\/p>\n<p>(a) the purpose of the deployment concerned, and<\/p>\n<p>(b) the number of officers to be deployed as part of that deployment.<\/p>\n<p>(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to\u2014<\/p>\n<p>(a) the skills or qualifications that an officer is required to have for the purposes of the deployment concerned, and<\/p>\n<p>(b) the duration of that deployment.<\/p>\n<p>(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\u2019s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).<\/p>\n<p>(8) A request of the prescribed military authority under subsection (7) shall\u2014<\/p>\n<p>(a) be in writing, and<\/p>\n<p>(b) specify\u2014<\/p>\n<p>(i) the nature,<\/p>\n<p>(ii) the duration,<\/p>\n<p>(iii) the start date, and<\/p>\n<p>(iv) the end date,<\/p>\n<p>of the supplemental military service concerned.<\/p>\n<p>(9) A consent of an officer of the Reserve Defence Force under subsection (7) shall be given in writing to the prescribed military authority.<\/p>\n<p>(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.<\/p>\n<p>(11) Subject to subsection (12), an officer of the Reserve Defence Force may withdraw a consent given under subsection (7).<\/p>\n<p>(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.<\/p>\n<p>(13) Where an officer of the Reserve Defence Force withdraws his or her consent to deployment on supplemental military service\u2014<\/p>\n<p>(a) in a case in which the deployment has not commenced, the officer shall not be deployed on that service, and<\/p>\n<p>(b) in a case in which the deployment has commenced, the officer shall not be liable to continue that service.<\/p>\n<p>(14) An officer of the Reserve Defence Force shall be liable to render supplemental military service only where\u2014<\/p>\n<p>(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and<\/p>\n<p>(b) the officer has given and not withdrawn his or her consent to deployment on that supplemental military service.<\/p>\n<p>(15) The Minister may prescribe a number of days for the purposes of subsection (10).<\/p>\n<p>(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to\u2014<\/p>\n<p>(a) the voluntary nature of supplemental military service,<\/p>\n<p>(b) the duration of training which may be required before deployments on supplemental military service,<\/p>\n<p>(c) the operational requirements of the Defence Forces,<\/p>\n<p>(d) the employment and education commitments of officers of the Reserve Defence Force, and<\/p>\n<p>(e) the training requirements of officers of the Reserve Defence Force.<\/p>\n<p>(17) In this section, &#8220;supplemental military service&#8221; 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F66<br \/>\nInserted (4.04.2022) by Defence Amendment Act 2021 (33\/2021), s. 4, S.I. No. 179 of 2022.<\/p>\n<h4>Service of reservists.<\/h4>\n<p>Section 87<\/p>\n<p>Calling out of reservists on permanent service.<\/p>\n<p>87.\u2014(1) (a) The Government may, at any time during a period of emergency, by proclamation\u2014<\/p>\n<p>(i) declare that it is expedient that reservists be called out on permanent service, and<\/p>\n<p>(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.<\/p>\n<p>(b) The Government may by proclamation revoke any proclamation made under paragraph (a) of this subsection.<\/p>\n<p>(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.<\/p>\n<p>(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 Oifigi\u00fail.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(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<\/p>\n<p>(b) either or both of the following things are done\u2014<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>the following provisions shall have effect\u2014<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(3) In this section, the expression \u201cmobilisation centre\u201d 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.<\/p>\n<p>Section 88<br \/>\nCalling out of certain reservists on permanent service otherwise than under section 87.<\/p>\n<p>88.\u2014(1) This section applies to a reservist\u2014<\/p>\n<p>(a) who has entered into an agreement in writing to be liable to be called out on permanent service under this section, and<\/p>\n<p>(b) who has not revoked such agreement (which revocation may be effected by his giving three months\u2019 notice in writing to a prescribed officer).<\/p>\n<p>(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.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(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<\/p>\n<p>(b) a notice is served on any reservist to whom the directions relate requiring him to attend at a specified time and place,<\/p>\n<p>the following provisions shall have effect\u2014<\/p>\n<p>(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,<\/p>\n<p>(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\u2014<\/p>\n<p>(I) a proclamation authorising the calling out of reservists on permanent service has been made and is then in force, or<\/p>\n<p>(II) he is sooner released by the prescribed military authority,<\/p>\n<p>(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\u2014<\/p>\n<p>(I) he shall continue to stand called out on permanent service,<\/p>\n<p>(II) section 87 shall apply in respect of him as if he had been called out on permanent service under that section.<\/p>\n<p>Section 89<\/p>\n<h4>Service of reservist called out on permanent service.<\/h4>\n<p>89.\u2014Every 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.<\/p>\n<p>Section 90<\/p>\n<h4>Calling out of reservists in aid of the civil power.<\/h4>\n<p>90.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Section 91<\/p>\n<h4>Service of reservists called out in aid of the civil power.<\/h4>\n<p>91.\u2014Every reservist who is called out in aid of the civil power shall be liable to render military service at any place within the State.<\/p>\n<p>Section 91A<br \/>\nF67[<\/p>\n<h4>Voluntary military service of reservist<\/h4>\n<p>91A.\u2014(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&#8217;s consent being given under subsection (7).<\/p>\n<p>(2) A notification under subsection (1) shall specify\u2014<\/p>\n<p>(a) the nature of the supplemental military service to which the reservist concerned may consent under subsection (7),<\/p>\n<p>(b) the duration and frequency of the periods of supplemental military service to which the reservist concerned may consent under subsection (7), and<\/p>\n<p>(c) the dates from and to which the reservist concerned may be available to be deployed on supplemental military service.<\/p>\n<p>(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.<\/p>\n<p>(4) Where the Minister determines that\u2014<\/p>\n<p>(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<\/p>\n<p>(b) it is otherwise in the best interests of the Defence Forces to deploy a reservist on supplemental military service,<\/p>\n<p>the Minister may approve the deployment of a reservist on supplemental military service.<\/p>\n<p>(5) An approval under subsection (4) shall specify\u2014<\/p>\n<p>(a) the purpose of the deployment concerned, and<\/p>\n<p>(b) the number of reservists to be deployed as part of that deployment.<\/p>\n<p>(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to\u2014<\/p>\n<p>(a) the skills or qualifications that a reservist is required to have for the purposes of the deployment concerned, and<\/p>\n<p>(b) the duration of that deployment.<\/p>\n<p>(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\u2019s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).<\/p>\n<p>(8) A request of the prescribed military authority under subsection (7) shall\u2014<\/p>\n<p>(a) be in writing, and<\/p>\n<p>(b) specify\u2014<\/p>\n<p>(i) the nature,<\/p>\n<p>(ii) the duration,<\/p>\n<p>(iii) the start date, and<\/p>\n<p>(iv) the end date,<\/p>\n<p>of the supplemental military service concerned.<\/p>\n<p>(9) A consent of a reservist under subsection (7) shall be given in writing to the prescribed military authority.<\/p>\n<p>(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.<\/p>\n<p>(11) Subject to subsection (12), a reservist may withdraw a consent given under subsection (7).<\/p>\n<p>(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.<\/p>\n<p>(13) Where a reservist withdraws his or her consent to deployment on supplemental military service\u2014<\/p>\n<p>(a) in a case in which the deployment has not commenced, the reservist shall not be deployed on that service, and<\/p>\n<p>(b) in a case in which the deployment has commenced, the reservist shall not be liable to continue that service.<\/p>\n<p>(14) A reservist shall be liable to render supplemental military service only where\u2014<\/p>\n<p>(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and<\/p>\n<p>(b) the reservist has given and not withdrawn his or her consent to deployment on that supplemental military service.<\/p>\n<p>(15) The Minister may prescribe a number of days for the purposes of subsection (10).<\/p>\n<p>(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to\u2014<\/p>\n<p>(a) the voluntary nature of supplemental military service,<\/p>\n<p>(b) the duration of training which may be required before deployments on supplemental military service,<\/p>\n<p>(c) the operational requirements of the Defence Forces,<\/p>\n<p>(d) the employment and education commitments of reservists, and<\/p>\n<p>(e) the requirement of reservists to undergo training under section 92.<\/p>\n<p>(17) In this section, &#8220;supplemental military service&#8221; 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F67<br \/>\nInserted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 5, S.I. No. 179 of 2022.<\/p>\n<p>Section 92<\/p>\n<h4>Annual training of reservists.<\/h4>\n<p>92.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Section 93<\/p>\n<h4>Voluntary training of reservists.<\/h4>\n<p>93.\u2014The Minister may by regulations provide for the voluntary attendance of any reservist for such training as may be prescribed by the regulations.<\/p>\n<p>Section 94<\/p>\n<p>Attendance of reservists for inspection.<\/p>\n<p>94.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Section 95<br \/>\nAttachment of reservists called out on permanent service, etc.<\/p>\n<p>95.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Section 95A<br \/>\nF68[<\/p>\n<h4>Attachment of reservist on voluntary military service<\/h4>\n<p>95A.\u2014Where 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F68<br \/>\nInserted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 6, S.I. No. 179 of 2022.<\/p>\n<p>Section 96<\/p>\n<h4>Service of notices on reservists.<\/h4>\n<p>96.\u2014Where a notice is permitted or required by this Chapter to be served on a reservist, it may be served on him\u2014<\/p>\n<p>(a) by delivering it to him, or<\/p>\n<p>(b) by leaving it at his last registered place of abode, or<\/p>\n<p>(c) by sending it by post in an envelope addressed to him at his last registered place of abode.<\/p>\n<p>Chapter IV.<\/p>\n<h4>Pay and Allowances of Members of the Defence Forces.<\/h4>\n<p>Section 97<\/p>\n<h4>Regulations as to pay, allowances and gratuities of members of the Defence Forces.<\/h4>\n<p>97.\u2014(1) The Minister may make regulations in relation to the following matters\u2014<\/p>\n<p>(a) the rates and scales of pay, allowances and gratuities of members of the Defence Forces,<\/p>\n<p>(b) the grants which may be made to members and units of the Defence Forces,<\/p>\n<p>(c) the conditions applicable to the issue of such pay, allowances, gratuities and grants.<\/p>\n<p>(2) (a) The Minister may, with the consent of the Minister for Finance, make regulations in relation to the following matters\u2014<\/p>\n<p>(i) the forfeitures and deductions to which the pay, allowances and gratuities of and grants to members of the Defence Forces may be subjected,<\/p>\n<p>(ii) the deductions to which grants to units of the Defence Forces may be subjected,<\/p>\n<p>(iii) the disposition of such forfeitures and deductions,<\/p>\n<p>(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.<\/p>\n<p>(b) Regulations made under this subsection shall not prescribe\u2014<\/p>\n<p>(i) forfeiture of pay except in respect of\u2014<\/p>\n<p>(I) absence on desertion or without leave,<\/p>\n<p>(II) custody, imprisonment or detention,<\/p>\n<p>(III) absence from duty on account of a disease or disability arising out of the commission of any offence,<\/p>\n<p>(IV) unclaimed amounts;<\/p>\n<p>(ii) deductions from pay except in respect of\u2014<\/p>\n<p>(I) articles or services provided,<\/p>\n<p>(II) marriage allotment,<\/p>\n<p>(III) fines, penalties, damages, compensation or costs awarded,<\/p>\n<p>(IV) public or service property lost, deficient, damaged or destroyed,<\/p>\n<p>(V) public or service debt or disallowance,<\/p>\n<p>(VI) unauthorised expenditure or commitment.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(3) Any forfeiture or deduction made under subsection (2) of this section may be remitted by the Minister in whole or in part.<\/p>\n<p>(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.<\/p>\n<p>Section 98<\/p>\n<h4>Deductions from pay of man in respect of certain court orders.<\/h4>\n<p>98.\u2014(1) This section applies to\u2014<\/p>\n<p>(a) an order made by a civil court under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886,<\/p>\n<p>(b) an order made by a civil court under section 75 or 82 of the Children Act, 1908,<\/p>\n<p>(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,<\/p>\n<p>(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),<\/p>\n<p>(e) an order made by the District Court under section 28 or 29 of the Public Assistance Act, 1939 (No. 27 of 1939),<\/p>\n<p>(f) an order made by a civil court under section 232 or 233 of the Mental Treatment Act, 1945 (No. 19 of 1945),<\/p>\n<p>(g) an order made by a civil court for payment of any moneys due as alimony under a deed of separation,<\/p>\n<p>(h) an order made by a civil court for payment of alimony.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C29<br \/>\nApplication 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).<\/p>\n<p>Enforcement in District Court of recognition order or declaration of enforceability<\/p>\n<p>14.\u2014 &#8230;<\/p>\n<p>(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\u2014<\/p>\n<p>(a) section 98(1) of the Defence Act 1954 (No. 18 of 1954), and<\/p>\n<p>&#8230;<\/p>\n<p>(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).<\/p>\n<p>&#8230;<\/p>\n<p>C30<br \/>\nApplication 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.<\/p>\n<p>Enforcement of enforceable maintenance orders.<\/p>\n<p>20G.\u2014 &#8230;<\/p>\n<p>(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of\u2014 &#8230;<\/p>\n<p>(b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954, and<\/p>\n<p>&#8230;<\/p>\n<p>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.<\/p>\n<p>C31<br \/>\nApplication of subs. (1) extended (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(2)(b).<\/p>\n<p>10.\u2014 &#8230;<\/p>\n<p>(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of\u2014 &#8230;<\/p>\n<p>(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<\/p>\n<p>&#8230;<\/p>\n<p>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.<\/p>\n<p>C32<br \/>\nApplication 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.<\/p>\n<p>Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/p>\n<p>135.\u2014 (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.<\/p>\n<p>&#8230;<\/p>\n<p>C33<br \/>\nApplication 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<\/p>\n<p>Enforcement of enforceable maintenance orders<\/p>\n<p>6. &#8230;<\/p>\n<p>(3) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of \u2014 &#8230;<\/p>\n<p>(b) section 98(1) of the Defence Act 1954 ( No. 18 of 1954 ), and<\/p>\n<p>&#8230;<\/p>\n<p>to be an order made by the District Court under section 5, 5A or 21A of the Act of 1976, as may be appropriate.<\/p>\n<p>C34<br \/>\nApplication 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.<\/p>\n<p>Enforcement of Community maintenance orders by the District Court.<\/p>\n<p>9.\u2014 &#8230;<\/p>\n<p>(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of\u2014 &#8230;<\/p>\n<p>(b) section 98 (1) of the Defence Act, 1954, and<\/p>\n<p>&#8230;<\/p>\n<p>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.<\/p>\n<p>&#8230;<\/p>\n<p>C35<br \/>\nApplication of subs. (1)(h) extended (27.02.1997) by Family Law Divorce Act 1996 (33\/1996), s. 29, commenced as per s. 1(2).<\/p>\n<p>Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/p>\n<p>29.\u2014The 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.<\/p>\n<p>C36<br \/>\nApplication of subs. (1)(h) extended (1.08.1996) by Family Law Act 1995 (26\/1995), s. 21, S.I. No. 46 of 1996.<\/p>\n<p>Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/p>\n<p>22.\u2014The 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.<\/p>\n<p>C37<br \/>\nApplication of section extended (31.10.1995) by Child Care Act 1991 (17\/1991), s. 78(1), S.I. No. 258 of 1995.<\/p>\n<p>Maintenance-saver in relation to members of Defence Forces.<\/p>\n<p>78.\u2014(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.<\/p>\n<p>&#8230;<\/p>\n<p>C38<br \/>\nApplication 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).<\/p>\n<p>Application of maintenance and periodical payment orders to men of Defence Forces.<\/p>\n<p>27.\u2014The 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.<\/p>\n<p>C39<br \/>\nApplication of section extended (14.06.1988) by Status of Children Act 1987 (26\/1987), s. 24(1), commenced as per s. 1(2)(b).<\/p>\n<p>Amendment of Defence Act, 1954.<\/p>\n<p>24.\u2014(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).<\/p>\n<p>&#8230;<\/p>\n<p>C40<br \/>\nApplication 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.<\/p>\n<p>Repeals.<\/p>\n<p>30.\u2014(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).<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\nPrevious 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.<\/p>\n<p>Section 99<\/p>\n<h4>Deductions from pay of man in respect of maintenance of wife and children.<\/h4>\n<p>99.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F69<br \/>\nSubstituted (14.06.1988) by Status of Children Act 1987 (26\/1987), s. 24(2), commenced as per s. 1(2)(b).<\/p>\n<p>F70<br \/>\nSubstituted (1.11.2010) by Adoption Act 2010 (21\/2010), s. 160, S.I. No. 511 of 2010.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C41<br \/>\nApplication 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.<\/p>\n<p>Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/p>\n<p>135.\u2014 &#8230;<\/p>\n<p>(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.<\/p>\n<p>C42<br \/>\nApplication of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 5, S.I. No. 19 of 1980.<\/p>\n<p>Application of section 99 of Principal Act to women.<\/p>\n<p>5.\u2014The 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.<\/p>\n<p>Section 100<\/p>\n<h4>Restrictions on deductions from pay, etc.<\/h4>\n<p>100.\u2014(1) No deduction shall be made from any pay, allowance, gratuity or grant unless\u2014<\/p>\n<p>(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<\/p>\n<p>(b) the deduction is authorised by subsection (2) of this section.<\/p>\n<p>(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\u2019s pay, allowances, gratuities or grants.<\/p>\n<p>(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.<\/p>\n<p>Section 101<\/p>\n<h4>Withholding of pay in certain cases.<\/h4>\n<p>101.\u2014Where any question arises as to\u2014<\/p>\n<p>(a) whether any pay, allowance, gratuity or grant is due, or<\/p>\n<p>(b) the amount of any pay, allowance, gratuity or grant due, or<\/p>\n<p>(c) whether a forfeiture or deduction falls to be made of or from any pay, allowance, gratuity or grant, or<\/p>\n<p>(d) the amount of a forfeiture or deduction to be made of or from any pay, allowance, gratuity or grant due,<\/p>\n<p>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.<\/p>\n<p>Section 102<\/p>\n<h4>Prohibition of assignment of pay, etc.<\/h4>\n<p>102.\u2014Every 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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) it is authorised by subsection (2) of section 100 or by an Act of the Oireachtas.<\/p>\n<p>Chapter V.<\/p>\n<h4>Disqualifications, Exemptions and Privileges of Members of the Defence Forces.<\/h4>\n<p>Section 103<\/p>\n<h4>Prohibition of membership of political and secret societies.<\/h4>\n<p>103.\u2014(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.<\/p>\n<p>(2) A member of the Reserve Defence Force shall not join, or be a member of, or subscribe to, any secret society whatsoever.<\/p>\n<p>(3) The Minister may by regulations\u2014<\/p>\n<p>(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<\/p>\n<p>(b) prohibit reservists who stand called out on permanent service from participating in those specified political activities.<\/p>\n<p>Section<br \/>\nF71[<\/p>\n<h4>Prohibition on political activities when on voluntary military service<\/h4>\n<p>103A.\u2014 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)\u2014<\/p>\n<p>(a) canvass on behalf of, or collect contributions for, any political organisation or society, or<\/p>\n<p>(b) address a meeting of a political organisation or society.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F71<br \/>\nInserted (4.04.2022) by Defence (Amendment) Act 2021 (33\/2021), s. 7, S.I. No. 179 of 2022.<\/p>\n<p>Section 104<\/p>\n<h4>Disqualification for membership of a local authority.<\/h4>\n<p>104.\u2014(1) For the purposes of this section\u2014<\/p>\n<p>(a) the expression \u201clocal authority\u201d 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;<\/p>\n<p>(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;<\/p>\n<p>(c) a reservist shall be deemed to be actively employed whenever he is called out on permanent service.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F72<br \/>\nSubstituted (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.<\/p>\n<p>Section 105<br \/>\nExemption from jury service.<\/p>\n<p>105.\u2014F73[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F73<br \/>\nRepealed (2.03.1976) by Juries Act 1976 (4\/1976), s. 4 and sch. 2, commenced on enactment.<\/p>\n<p>Section 106<\/p>\n<h4>Arms, etc., of members of the Defence Forces to be exempt from seizure.<\/h4>\n<p>106.\u2014The 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.<\/p>\n<p>Section 107<\/p>\n<h4>Exemption of men from civil process.<\/h4>\n<p>107.\u2014F74[(1) An order shall not be made under section 8 of the Enforcement of Court Orders Act, 1940, directing the imprisonment of any person\u2014<\/p>\n<p>(a) who is a man of the Permanent Defence Force, or<\/p>\n<p>(b) who is a reservist and is for the time being called out on permanent service.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) who is a man of the Permanent Defence Force on active service, or<\/p>\n<p>(b) who is a reservist and is for the time being called out on permanent service.]<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F74<br \/>\nSubstituted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 10, commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C43<br \/>\nApplication of section extended (31.10.1995) by Child Care Act 1991 (17\/1991), s. 78(2), S.I. No. 258 of 1995.<\/p>\n<p>Maintenance-saver in relation to members of Defence Forces.<\/p>\n<p>78.\u2014 &#8230;<\/p>\n<p>(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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E18<br \/>\nPrevious 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).<\/p>\n<p>Section 108<br \/>\nExemption from prosecution, etc., under section 83 of the Public Assistance Act, 1939.<\/p>\n<p>108.\u2014A 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).<\/p>\n<p>Section 109<\/p>\n<h4>Obstruction, etc., of member of Garda S\u00edoch\u00e1na.<\/h4>\n<p>109.\u2014(1) If any officer wilfully neglects or refuses on lawful application to deliver over to a member of the Garda S\u00edoch\u00e1na or wilfully obstructs or wilfully neglects or refuses to assist a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>Section 110<\/p>\n<h4>Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.<\/h4>\n<p>110.\u2014Where 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.<\/p>\n<p>Section 111<br \/>\nProtection of persons acting under this Act.<\/p>\n<p>111.\u2014(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:\u2014<\/p>\n<p>(a) such action, prosecution or proceeding shall be brought in the High Court;<\/p>\n<p>(b) F75[\u2026]<\/p>\n<p>(c) F75[\u2026]<\/p>\n<p>(d) F75[\u2026]<\/p>\n<p>(e) F75[\u2026]<\/p>\n<p>(f) F75[\u2026]<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F75<br \/>\nRepealed (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).<\/p>\n<p>Section 112<\/p>\n<h4>Exemption from duties and tolls.<\/h4>\n<p>112.\u2014(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 mat\u00e9riel of the Defence Forces.<\/p>\n<p>(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.<\/p>\n<p>Section 113<\/p>\n<h4>Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.<\/h4>\n<p>113.\u2014(1) In this section, the expression \u201cthe Act of 1933\u201d means the Road Traffic Act, 1933 (No. 11 of 1933).<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Chapter VI.<\/p>\n<p>Miscellaneous Provisions.<\/p>\n<p>Section 114<\/p>\n<h4>Redress of wrongs.<\/h4>\n<p>114.\u2014(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\u2019s 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.<\/p>\n<p>(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[\u2026] who shall inquire into the complaint and give his directions thereon.<\/p>\n<p>(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.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) specify a period or periods within which such reports are to be submitted and complaints referred, and<\/p>\n<p>(b) the form and content of such notifications, reports and submissions.]<\/p>\n<p>(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.<\/p>\n<p>F80[(5) This section shall not apply to\u2014<\/p>\n<p>(a) any determination made, punishment awarded or compensation order made under section 177C, 178C or 179C, or<\/p>\n<p>(b) the decision of a summary court-martial under section 178G following an appeal under section 178E.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F76<br \/>\nSubstituted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36\/2004), s. 13(a), S.I. No. 568 of 2005.<\/p>\n<p>F77<br \/>\nSubstituted (1.10.1998) by Defence (Amendment) Act 1998 (31\/1998), s. 6, S.I. No. 366 of 1998.<\/p>\n<p>F78<br \/>\nDeleted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36\/2004), s. 13(b), S.I. No. 568 of 2005.<\/p>\n<p>F79<br \/>\nInserted (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36\/2004), s. 13(c), S.I. No. 568 of 2005.<\/p>\n<p>F80<br \/>\nInserted (21.04.2007) by Defence (Amendment) Act 2007 (24\/2007), s. 9, commenced as per s. 1(3).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C44<br \/>\nFurther recourse provided (1.12.2005) by Ombudsman (Defence Forces) Act 2004 (36\/2004), s. 4(2)(d), S.I. No. 568 of 2005.<\/p>\n<p>Functions of Ombudsman.<\/p>\n<p>4.\u2014 &#8230;<\/p>\n<p>(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\u2014 &#8230;<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E19<br \/>\nComplaint 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.<\/p>\n<p>Section 115<\/p>\n<h4>Collection and distribution of certain property of deceased members of the Defence Forces.<\/h4>\n<p>115.\u2014(1) In this section, the expression \u201cservice estate\u201d means in relation to a deceased member of the Defence Forces\u2014<\/p>\n<p>(a) pay, allowances, gratuities or grants due to him,<\/p>\n<p>(b) personal equipment which he is under regulations permitted to retain,<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Section 116<\/p>\n<h4>Disposal of personal belongings of deserter, absentee or person of unsound mind.<\/h4>\n<p>116.\u2014The 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.<\/p>\n<p>Section 117<\/p>\n<h4>Regulations for purposes of Part IV.<\/h4>\n<p>117.\u2014The Minister may make regulations in relation to all or any of the following\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) the manner in which recruits are to be appointed to service corps,<\/p>\n<p>(c) the transfer of a man from one service corps to another,<\/p>\n<p>(d) any person, matter or thing referred to in this Part as prescribed,<\/p>\n<p>(e) any other matter or thing which is referred to in this Part as the subject of regulations and in respect of which express power is not conferred on the Minister to make regulations.<\/p>\n<p>Schedule 2<br \/>\nF411[SECOND SCHEDULE<\/p>\n<h4>Commissioned Army and Naval Ranks in the Defence Forces<\/h4>\n<p>Section 24.<\/p>\n<p>Reference Number<\/p>\n<p>(1)<\/p>\n<p>Army Ranks<\/p>\n<p>(2)<\/p>\n<p>Naval Ranks<\/p>\n<p>(3)<\/p>\n<p>1.<\/p>\n<p>Ginear\u00e1l or (in English) General.<\/p>\n<p>2.<\/p>\n<p>Lefteanant-Ghinear\u00e1l or (in English) Lieutenant-General.<\/p>\n<p>Leas-Aimir\u00e9al or (in English) Vice- Admiral.<\/p>\n<p>3.<\/p>\n<p>Maor-Ghinear\u00e1l or (in English) Major-General.<\/p>\n<p>Seach-Aimir\u00e9al or (in English) Rear-Admiral.<\/p>\n<p>4.<\/p>\n<p>Briog\u00e1idire-Ghinear\u00e1l or (in English) Brigadier-General.<\/p>\n<p>Ceannas\u00f3ir or (in English) Commodore.<\/p>\n<p>5.<\/p>\n<p>Cornal or (in English) Colonel.<\/p>\n<p>Captaen or (in English) Captain.<\/p>\n<p>6.<\/p>\n<p>Lefteanant-Chornal or (in English) Lieutenant-Colonel.<\/p>\n<p>Ceannasa\u00ed or (in English) Commander.<\/p>\n<p>7.<\/p>\n<p>Ceannfort or (in English) Commandant.<\/p>\n<p>Lefteanant-Cheannasa\u00ed or (in English) Lieutenant-Commander.<\/p>\n<p>8.<\/p>\n<p>Captaen or (in English) Captain.<\/p>\n<p>Lefteanant or (in English) Lieutenant.<\/p>\n<p>9.<\/p>\n<p>Lefteanant or (in English) Lieutenant.<\/p>\n<p>Fo-Lefteanant or (in English) Sub-Lieutenant.<\/p>\n<p>10.<\/p>\n<p>Dara-Lefteanant or (in English) Second-Lieutenant.<\/p>\n<p>Meirgire or (in English) Ensign.<\/p>\n<p>Me\u00e1nloingseach or (in English) Midshipman.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F411<br \/>\nSubstituted (22.07.2015) by Defence (Amendment ) Act 2015 (24\/2015), s. 3, commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E115<br \/>\nPrevious affecting provision: schedule substituted (20.02.1979) by Defence (Amendment) Act 1979 (1\/1979), s. 4, commenced on enactment; substituted as per F-note above.<\/p>\n<p>Schedule 3<br \/>\nTHIRD SCHEDULE.<\/p>\n<h4>Non-commissioned Army and Naval Ranks in the Defence Forces.<\/h4>\n<p>Section 25.<\/p>\n<p>Ref. No.<\/p>\n<p>Army Ranks<\/p>\n<p>Naval Ranks<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>1<\/p>\n<p>Maor-Sh\u00e1irsint or (in English) Sergeant-Major.<\/p>\n<p>Oifigeach Bar\u00e1ntais or (in English) Warrant Officer.<\/p>\n<p>2<\/p>\n<p>Ceathr\u00fa-Sh\u00e1irsint Cathl\u00e1in or (in English) Battalion Quartermaster-Sergeant.<\/p>\n<p>Ard-Mhion-Oifigeach Sinsearach or (in English) Senior Chief Petty Officer.<\/p>\n<p>3<\/p>\n<p>S\u00e1irsint Complachta or (in English) Company-Sergeant.<\/p>\n<p>Ard-Mhion-Oifigeach or (in English) Chief Petty Officer.<\/p>\n<p>4<\/p>\n<p>Ceathr\u00fa-Sh\u00e1irsint Complachta or (in English) Company Quartermaster-Sergeant.<\/p>\n<p>Mion-Oifigeach Sinsearach or (in English) Senior Petty Officer.<\/p>\n<p>5<\/p>\n<p>S\u00e1irsint or (in English) Sergeant.<\/p>\n<p>Mion-Oifigeach or (in English) Petty Officer.<\/p>\n<p>6<\/p>\n<p>Ceannaire or (in English) Corporal.<\/p>\n<p>Mairn\u00e9alach Ceannais or (in English) Leading Seaman.<\/p>\n<p>7<\/p>\n<p>Saighdi\u00fair Singil or (in English) Private.<\/p>\n<p>Mairn\u00e9alach or (in English) Seaman.<\/p>\n<p>Schedule 4<br \/>\nFOURTH SCHEDULE.<\/p>\n<h4>Matters in respect of which regulations may be made under section 26.<\/h4>\n<p>Section 26.<\/p>\n<p>1. The precedence of the respective defence forces forming the Defence Forces and the various service corps, staffs, units and elements thereof.<\/p>\n<p>2. The seniority of officers.<\/p>\n<p>3. The persons to be invested as officers or otherwise with command over the Defence Forces or any part thereof and as to the mode in which such command is to be exercised, so however that command shall not be exercised by any person over a person holding a higher rank than himself.<\/p>\n<p>4. The appointment to, promotion in, and tenure of commissioned rank in the Defence Forces.<\/p>\n<p>5. The appointments to be held by officers and men.<\/p>\n<p>6. The tenure in any office, appointment or capacity in the Defence Forces.<\/p>\n<p>7. The retirement of officers of the Permanent Defence Force, the relinquishment of their commissions by officers of the Reserve Defence Force, the resignation of their commissions by officers and the discharge of men.<\/p>\n<p>8. The officers who are to be commanding officers and company commanders respectively for the purposes of this Act.<\/p>\n<p>9. The seconding of officers to civil or quasi-military appointments.<\/p>\n<p>10. The leave of absence of members of the Defence Forces.<\/p>\n<p>11. The uniform and insignia to be worn by members of the Defence Forces.<\/p>\n<p>12. The orders and decorations to be worn by members of the Defence Forces.<\/p>\n<p>13. The attendance, whether within or without the State, at special classes and courses of instruction of members of the Defence Forces selected for such attendance.<\/p>\n<p>14. The examination of members of the Defence Forces as to proficiency in military subjects and as to their general educational or technical qualifications, and the granting of certificates of proficiency.<\/p>\n<p>15. The classification of men by reference to particular ranks or grades of ranks, qualifications and appointments.<\/p>\n<p>16. The training and inspection of the Defence Forces, the formation of training camps, and the holding of exercises for the Defence Forces.<\/p>\n<p>17. The regulation of artillery, rifle, and bombing and other army, naval or air practice, and the preservation of the public safety thereat.<\/p>\n<p>18. The care, inspection and testing of arms, accoutrements, ammunition, supplies, animals, transport, vessels, aircraft, clothing and equipment of the Defence Forces.<\/p>\n<p>19. Ceremonial duties, honours and salutes.<\/p>\n<p>F412[20. The flying, certification and maintenance of service aircraft and the certification and maintenance of service aircraft material.]<\/p>\n<p>21. The colours, flags or pendants proper to, or to be appropriated to the use of, service corps, staffs, units and other elements of the Defence Forces and State ships.<\/p>\n<p>22. The precautions to be taken by State ships for the prevention of collisions at sea.<\/p>\n<p>23. The lighting of State ships.<\/p>\n<p>24. The commissioning and equipment of State ships.<\/p>\n<p>25. The preservation, repair and docking of State ships.<\/p>\n<p>26. The salvage services to be rendered by State ships.<\/p>\n<p>27. Quarantine and customs regulations in relation to State ships and service aircraft.<\/p>\n<p>28. The navigation and pilotage of State ships.<\/p>\n<p>29. The management, control and safety of wharves and dockyards used for defence purposes and of explosives, oils, fuels, supplies and goods stored therein.<\/p>\n<p>30. The survey of State ships and their engines and equipment.<\/p>\n<p>31. The scale of issue of arms, accoutrements, ammunition, supplies, animals, transport, clothing, equipment and other mat\u00e9riel of the Defence Forces.<\/p>\n<p>32. The establishment, conduct and control of messes, canteens and institutions for providing recreation and refreshment for members of the Defence Forces, and the accounting for and the control and disposal of the funds of such messes, canteens and institutions.<\/p>\n<p>33. The establishment of, accounting for and control and disposal of, service funds and funds for the welfare of members of the Defence Forces and their families.<\/p>\n<p>34. The conditions and terms of service of civilian employees.<\/p>\n<p>35. The lending of service equipment free of charge or on hire.<\/p>\n<p>36. Any matter or thing referred to in Part III of this Act as prescribed or as the subject of regulations made by the Minister.<\/p>\n<p>37. Any other matter or thing which is not otherwise expressly provided for by or under this Act and which, in the opinion of the Minister, is necessary for securing the good government, efficiency and internal control and management of the Defence Forces or for carrying out and giving effect to this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F412<br \/>\nSubstituted (24.06.1987) by Defence (Amendment) Act 1987 (8\/1987), s. 15, commenced on enactment.<\/p>\n<p>Schedule 5<br \/>\nFIFTH SCHEDULE.<\/p>\n<h4>Forms of commission to an officer.<\/h4>\n<p>Section 42.<\/p>\n<p>PART I.<\/p>\n<p>Oglaigh na hEireann.<\/p>\n<p>Do (Ainm an Oifigigh) _______________<\/p>\n<p>Le hiontaoibh as do dh\u00edlseacht d\u2019Eirinn agus as do thairiseacht don Bhunreacht agus le muin\u00edn speisialta as do mhisneach, d\u2019on\u00f3ir, do dhea-iompar agus d\u2019\u00e9irim, D\u00e9anaimse, ____________ Uachtar\u00e1n na hEireann, leis seo, ar chomhairle an Rialtais, t\u00fa a bhun\u00fa agus a cheapadh chun bheith id oifigeach sa chuid d\u2019Oglaigh na hEireann d\u00e1 ngairmtear _______________ *amhail \u00f3n ______ l\u00e1 de _______________, 19 ___ Comhl\u00edonfair go d\u00edlis do dhualgas i gc\u00e9im ___________ san ___________ \u2021 n\u00f3 in aon ch\u00e9im is airde n\u00e1 sin a nd\u00e9anfar de thoradh fi\u00fantais t\u00fa a cheapadh n\u00f3 d\u2019ard\u00fa chuici ina dhiaidh seo. D\u00e9anfair na fir agus na hoifigigh \u00edochtaracha a bheas ag f\u00f3namh f\u00fat d\u2019acl\u00fa agus a thr\u00e9ine\u00e1il in airm agus a choime\u00e1d i ndea-ord agus i ndea-ara\u00edonacht agus naisctear leis seo ar gach aon duine acu sin agus orda\u00edtear d\u00f3 umhl\u00f3id a thabhairt duit mar oifigeach uachtarach air. D\u00e9anfair f\u00e9in p\u00e9 orduithe agus ordach\u00e1in dleathacha a gheobhair \u00f3 am go ham \u00f3n Aire Cosanta n\u00f3 \u00f3 dhuine ar bith ded oifigigh uachtaracha a lean\u00faint agus a chomhl\u00edonadh gan ceist.<\/p>\n<p>ARNA THABHAIRT faoi mo Sh\u00e9ala Oifigi\u00fail<\/p>\n<p>an _______ l\u00e1 seo de ___________,<\/p>\n<p>19____<\/p>\n<p>_______________<\/p>\n<p>Uachtar\u00e1n na hEireann.<\/p>\n<p>PART II.<\/p>\n<p>The Defence Forces.<\/p>\n<p>To (Name of Officer) ______________________<\/p>\n<p>Trusting in your fidelity to Ireland and loyalty to the Constitution and reposing special confidence in your courage, honour, good conduct, and intelligence, I, ___________, the President of Ireland, hereby, on the advice of the Government, constitute and appoint you to be an officer in the part of the Defence Forces known as ______________________* as from the _______ day of ___________, 19 ____ You will faithfully discharge your duty in the ___________ \u2021 rank of ___________or in any higher rank to which your merit may hereafter determine your appointment or promotion. You will exercise and train in arms and maintain in good order and discipline the men and inferior officers serving under you who are hereby each and all enjoined and commanded to render you obedience as their superior officer. You will yourself observe and obey without question such lawful orders and directions as you shall from time to time receive from the Minister for Defence or from any of your superior officers.<\/p>\n<p>GIVEN under my Official Seal this ___ day<\/p>\n<p>of _________________, 19_______<\/p>\n<p>____________________<\/p>\n<p>President of Ireland.<\/p>\n<p>PART III.<\/p>\n<p>Oglaigh na hEireann.<\/p>\n<p>Do (Ainm an Oifigigh) __________________<\/p>\n<p>Le hiontaoibh as do dh\u00edlseacht d\u2019Eirinn agus as do thairiseacht don Bhunreacht agus le muin\u00edn speisialta as do mhisneach, d\u2019on\u00f3ir, do dhea-iompar agus d\u2019\u00e9irim, D\u00e9anaimidne, na s\u00ednithe th\u00edos, is comhalta\u00ed den Choimisi\u00fan a buna\u00edodh mar for\u00e1ltar in alt 2 d\u2019Airteagal 14 den Bhunreacht chun cumhachta agus feidhmeanna Uachtar\u00e1n na hEireann d\u2019oibri\u00fa agus a chomhl\u00edonadh, leis seo, ar chomhairle an Rialtais, t\u00fa a bhun\u00fa agus a cheapadh chun bheith id oifigeach sa chuid d\u2019Oglaigh na hEireann d\u00e1 ngairmtear _______________ *amhail \u00f3n ____ l\u00e1 de ___________, 19 ___ Comhl\u00edonfair go d\u00edlis do dhualgas i gc\u00e9im _____ san _____ \u2021 n\u00f3 in aon ch\u00e9im is airde n\u00e1 sin a nd\u00e9anfar de thoradh fi\u00fantais t\u00fa a cheapadh n\u00f3 d\u2019ard\u00fa chuici ina dhiaidh seo. D\u00e9anfair na fir agus na hoifigigh \u00edochtaracha a bheas ag f\u00f3namh f\u00fat d\u2019acl\u00fa agus a thr\u00e9ine\u00e1il in airm agus a choime\u00e1d i ndea-ord agus i ndea-ara\u00edonacht agus naisctear leis seo ar gach aon duine acu sin agus orda\u00edtear d\u00f3 umhl\u00f3id a thabhairt duit mar oifigeach uachtarach air. D\u00e9anfair f\u00e9in p\u00e9 orduithe agus ordach\u00e1in dleathacha a gheobhair \u00f3 am go ham \u00f3n Aire Cosanta n\u00f3 \u00f3 dhuine ar bith ded oifigigh uachtaracha a lean\u00faint agus a chomhl\u00edonadh gan ceist.<\/p>\n<p>ARNA THABHAIRT faoi Sh\u00e9ala Oifigi\u00fail<\/p>\n<p>Uachtar\u00e1an na hEireann an ___ l\u00e1 seo<\/p>\n<p>de ___________, 19 ____<\/p>\n<p>______________<\/p>\n<p>PART IV.<\/p>\n<p>The Defence Forces.<\/p>\n<p>To (Name of Officer) _______________<\/p>\n<p>Trusting in your fidelity to Ireland and loyalty to the Constitution and reposing special confidence in your courage, honour, good conduct, and intelligence, We, the undersigned members of the Commission constituted as provided in section 2 of Article 14 of the Constitution to exercise and perform the powers and functions of the President of Ireland, hereby, on the advice of the Government, constitute and appoint you to be an officer in the part of the Defence Forces known as ___________* as from the _____ day of _______, 19 ___ You will faithfully discharge your duty in the _____ \u2021 rank of _____ or in any higher rank to which your merit may hereafter determine your appointment or promotion. You will exercise and train in arms and maintain in good order and discipline the men and inferior officers serving under you who are hereby each and all enjoined and commanded to render you obedience as their superior officer. You will yourself observe and obey without question such lawful orders and directions as you shall from time to time receive from the Minister for Defence or from any of your superior officers.<\/p>\n<p>GIVEN under the Official Seal Of the President<\/p>\n<p>of Ireland this ___ day of ________,<\/p>\n<p>19____<\/p>\n<p>___________<\/p>\n<p>Insert here \u201cArm\u201d, \u201cArmy\u201d, \u201cChabhlach cr \u201cNaval\u201d\u201d (Whichever is appropriate<\/p>\n<p>Insert here \u201cna Buan-Oglaigh\u201d, \u201cthe Permanent Defence Force\u201d, \u201cna hOglaigh C\u00faltaca\u201d or \u201cthe Reserve Defence Force\u201d (whichever is appropriate).<\/p>\n<p>Schedule 6<br \/>\nSIXTH SCHEDULE.<\/p>\n<h4>Form of Oath or Declaration to be taken or made by Officers of the Permanent Defence Force.<\/h4>\n<p>Section 43 (1).<\/p>\n<p>PART I.<\/p>\n<p>Mionna\u00edmse (n\u00f3 dearbha\u00edmse), ___________, go solamanta go mbead d\u00edlis d\u2019Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im oifigeach de na Buan-Oglaigh, go gcomhl\u00edonfad gach ord\u00fa dleathach a bh\u00e9arfas m\u2019oifigigh uachtaracha dhom agus nach gceangl\u00f3d le haon eagra\u00edocht n\u00f3 cumann polait\u00edochta n\u00e1 le haon chumann r\u00fanda ar bith n\u00e1 nach mbead im chomhalta den ch\u00e9anna n\u00e1 nach dtaobh\u00f3d leis an gc\u00e9anna.<\/p>\n<p>PART II.<\/p>\n<p>I, ___________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am an officer of the Permanent Defence Force I will obey all lawful orders issued to me by my superior officers and will not join or be a member of or subscribe to any political organisation or society or any secret society whatsoever.<\/p>\n<p>Schedule 7<br \/>\nSEVENTH SCHEDULE.<\/p>\n<h4>Form of Oath or Declaration to be taken or made by Officers of the Reserve Defence Force.<\/h4>\n<p>Section 43 (2).<\/p>\n<p>PART I.<\/p>\n<p>Mionna\u00edmse (n\u00f3 dearbha\u00edmse), ___________, go solamanta go mbead d\u00edlis d\u2019Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im oifigeach de na hOglaigh C\u00faltaca, go gcomhl\u00edonfad gach ord\u00fa dleathach a bh\u00e9arfas m\u2019oifigigh uachtaracha dhom agus nach gceangl\u00f3d le haon chumann r\u00fanda ar bith n\u00e1 nach mbead im chomhalta den ch\u00e9anna n\u00e1 nach dtaobh\u00f3d leis an gc\u00e9anna.<\/p>\n<p>PART II.<\/p>\n<p>I,___________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am an officer of the Reserve Defence Force I will obey all lawful orders issued to me by my superior officers and will not join or be a member of or subscribe to any secret society whatsoever.<\/p>\n<p>Schedule 8<br \/>\nEIGHTH SCHEDULE.<\/p>\n<h4>Form of Oath or Declaration to be taken or made by F413[persons enlisting] in the Permanent Defence Force under section 53.<\/h4>\n<p>Section 58 (1)<\/p>\n<p>PART I.<\/p>\n<p>Mionna\u00edmse (n\u00f3 dearbha\u00edmse), ___________, go solamanta go mbead d\u00edlis d\u2019Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im F414[chomhalta] d\u2019Oglaigh na hEireann, go gcomhl\u00edon-fad gach ord\u00fa dleathach a bh\u00e9arfas m\u2019oifigigh uachtaracha dhom agus, faid a bhead im F414[chomhalta] de na Buan-Oglaigh, nach gceangl\u00f3d le haon eagra\u00edocht n\u00f3 cumann polait\u00edochta n\u00e1 le haon chumann r\u00fanda ar bith n\u00e1 nach mbead im chomhalta den ch\u00e9anna n\u00e1 nach dtaobh\u00f3d leis an gc\u00e9anna agus, m\u00e1 bh\u00edm im F414[chomhalta] de na hOglaigh C\u00faltaca, nach gceangl\u00f3d le haon chumann r\u00fanda ar bith n\u00e1 nach mbead im chomhalta den ch\u00e9anna n\u00e1 nach dtaobh\u00f3d leis an gc\u00e9anna faid a bhead im F414[chomhalta] de na hOglaigh C\u00faltaca.<\/p>\n<p>PART II.<\/p>\n<p>I,___________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am a F415[member] of the Defence Forces I will obey all lawful orders issued to me by my superior officers and that while I am a F415[member] of the Permanent Defence Force I will not join or be a member of or subscribe to any political organisation or society or any secret society whatsoever and that, if I become a F415[member] of the Reserve Defence Force, I will not, while I am a F415[member] of the Reserve Defence Force, join or be a member of or subscribe to any secret society whatsoever.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F413<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(a), S.I. No. 19 of 1980.<\/p>\n<p>F414<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(b), S.I. No. 19 of 1980.<\/p>\n<p>F415<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(c), S.I. No. 19 of 1980.<\/p>\n<p>Schedule 9<br \/>\nNINTH SCHEDULE.<\/p>\n<h4>Form of Oath or Declaration to be taken or made by F416[persons enlisting] in the Permanent Defence Force under section 54.<\/h4>\n<p>Section 58 (2).<\/p>\n<p>PART I.<\/p>\n<p>Mionna\u00edmse (n\u00f3 dearbha\u00edmse), ___________, go solamanta go mbead d\u00edlis d\u2019Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im F417[chomhalta] de na Buan-Oglaigh, go gcomhl\u00edonfad gach ord\u00fa dleathach a bh\u00e9arfas m\u2019oifigigh uachtaracha dhom agus nach gceangl\u00f3d le haon eagra\u00edocht n\u00f3 cumann polait\u00edochta n\u00e1 le haon chumann r\u00fanda ar bith n\u00e1 nach mbead im chomhalta den ch\u00e9anna n\u00e1 nach dtaobh\u00f3d leis an gc\u00e9anna.<\/p>\n<p>PART II.<\/p>\n<p>I, ___________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am a F418[member] of the Permanent Defence Force I will obey all lawful orders issued to me by my superior officers and will not join or be a member of or subscribe to any political organisation or society or any secret society whatsoever.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F416<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(a), S.I. No. 19 of 1980.<\/p>\n<p>F417<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(b), S.I. No. 19 of 1980.<\/p>\n<p>F418<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(c), S.I. No. 19 of 1980.<\/p>\n<p>Schedule 10<br \/>\nTENTH SCHEDULE.<\/p>\n<h4>Form of Oath or Declaration to be taken or made by F419[persons enlisting] in the Reserve Defence Force under section 55.<\/h4>\n<p>Section 58 (3).<\/p>\n<p>PART I.<\/p>\n<p>Mionna\u00edmse (n\u00f3 dearbha\u00edmse), ___________, go solamanta go mbead d\u00edlis d\u2019Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im F420[chomhalta] de na hOglaigh C\u00faltaca, go gcomhl\u00edonfad gach ord\u00fa dleathach a bh\u00e9arfas m\u2019oifigigh uachtaracha dhom agus nach gceangl\u00f3d le haon chumann r\u00fanda ar bith n\u00e1 nach mbead im chomhalta den ch\u00e9anna n\u00e1 nach dtaobh\u00f3d leis an gc\u00e9anna.<\/p>\n<p>PART II.<\/p>\n<p>I, ____________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am a F421[member] of the Reserve Defence Force I will obey all lawful orders issued to me by my superior officers and will not join or be a member of or subscribe to any secret society whatsoever.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F419<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(a), S.I. No. 19 of 1980.<\/p>\n<p>F420<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(b), S.I. No. 19 of 1980.<\/p>\n<p>F421<br \/>\nSubstituted (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28\/1979), s. 6(c), S.I. No. 19 of 1980.<\/p>\n<h2>OMBUDSMAN (DEFENCE FORCES) ACT 2004<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 9 January 2023<\/p>\n<p>AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN FOR THE DEFENCE FORCES, TO AMEND THE DEFENCE ACT 1954 AND TO PROVIDE FOR RELATED MATTERS. [10th November, 2004]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nOmbudsman for Defence Forces excluded from definition of public bodies in Freedom of Information Act 2014 in so far as it relates to certain records (14.10.2014) by Freedom of Information Act 2014 (30\/2014), s. 6 and sch. 1 part 1 para. (ad), commenced as per s. 1(2).<\/p>\n<p>Section 1<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1954\u201d means the Defence Act 1954;<\/p>\n<p>\u201cAct of 1980\u201d means the Ombudsman Act 1980;<\/p>\n<p>\u201caction\u201d means\u2014<\/p>\n<p>(a) any act that is carried out or any decision made by or on behalf of a person referred to in paragraph (a), (b) or (c) of section 6(1) or paragraph (a), (b) or (c) of section 6(2) , or<\/p>\n<p>(b) a failure by or on behalf of a person referred to in paragraph (a), (b) or (c) of section 6(1) or paragraph (a), (b)or (c) of section 6(2) to carry out an act or make a decision,<\/p>\n<p>but does not include an act or decision referred to in paragraph (a) or a failure to carry out an act or make a decision referred to in paragraph (b) that relates to or affects security or a military operation;<\/p>\n<p>\u201ccivil servant\u201d has the meaning assigned to it by the Civil Service Regulation Act 1956 but for the purposes of sections 4(7), 6(1)(c), 6(2)(c) and 9(2) a reference to a civil servant shall be construed as a reference to a civil servant who is or was employed as a civil servant in the Department of Defence and for the purposes of section 6 an action taken by or on behalf of a civil servant shall concern the performance of administrative functions by that civil servant in the Department of Defence;<\/p>\n<p>\u201ccomplainant\u201d means a person who makes a complaint under section 6;<\/p>\n<p>\u201ccomplaint\u201d means a complaint made in accordance with section 6;<\/p>\n<p>\u201cDefence Forces\u201d means the Permanent Defence Force referred to in section 19 of the Act of 1954 and the Reserve Defence Force referred to in section 20 of the Act of 1954;<\/p>\n<p>\u201cfunctions\u201d includes powers and duties and a reference to the performance of a function shall include, with respect to powers, a reference to the exercise of a power;<\/p>\n<p>\u201cinvestigation officer\u201d has the meaning assigned to it by section 15;<\/p>\n<p>\u201cmilitary operation\u201d means\u2014<\/p>\n<p>(a) active service within the meaning of section 5 of the Act of 1954,<\/p>\n<p>(b) active service as provided for in section 4(1) of the Defence (Amendment) (No. 2) Act 1960,<\/p>\n<p>(c) operational duties at sea, or<\/p>\n<p>(d) the provision of aid to the civil power;<\/p>\n<p>\u201cMinister\u201d means the Minister for Defence;<\/p>\n<p>\u201cOmbudsman\u201d means the person appointed as Ombudsman for the Defence Forces under section 2(2);<\/p>\n<p>\u201csecurity\u201d means the security or defence of the State;<\/p>\n<p>\u201cservice tribunal\u201d has the meaning assigned to it by section 161 of the Act of 1954.<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(a) a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended,<\/p>\n<p>(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and<\/p>\n<p>(c) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.<\/p>\n<p>Section 2<\/p>\n<h4>Appointment of Ombudsman.<\/h4>\n<p>2.\u2014(1) There is established the office of Ombudsman for the Defence Forces and the holder of the office shall be known as the Ombudsman for the Defence Forces.<\/p>\n<p>(2) The appointment of a person to be the Ombudsman for the Defence Forces shall be made by the President on the recommendation of the Government.<\/p>\n<p>(3) Subject to this Act, a person appointed under subsection (2)shall hold office on such terms and conditions as the Minister may, with the consent of the Minister for Finance, determine.<\/p>\n<p>(4) A person appointed to be the Ombudsman\u2014<\/p>\n<p>(a) may at his or her own request be relieved of office by the President,<\/p>\n<p>(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy where there is a recommendation for removal by the Government, and<\/p>\n<p>(c) shall, where subsection (8) applies, vacate the office on attaining the prescribed age.<\/p>\n<p>(5) Subject to this section, a person appointed to be the Ombudsman shall hold office for such term as may be specified in the instrument of appointment which term shall not exceed 7 years and such person may be eligible for re-appointment to the office for a second or subsequent term.<\/p>\n<p>(6) If the person holding the office of the Ombudsman is\u2014<\/p>\n<p>(a) nominated as a member of Seanad \u00c9ireann, or<\/p>\n<p>(b) elected as a member of either House of the Oireachtas or to the European Parliament, or<\/p>\n<p>(c) regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having being elected to the European Parliament, or<\/p>\n<p>(d) becomes a member of a local authority,<\/p>\n<p>that person shall thereupon cease to hold the office of Ombudsman.<\/p>\n<p>(7) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified from holding the office of Ombudsman.<\/p>\n<p>(8) In respect of any person who is not a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) the Minister may, with the consent of the Minister for Finance, prescribe the age at which such a person shall vacate office pursuant to subsection (4)(c).<\/p>\n<p>(9) A person who holds the office of Ombudsman shall not be a member of the Defence Forces or a civil servant.<\/p>\n<p>Section 3<br \/>\nRemuneration and superannuation.<\/p>\n<p>3.\u2014(1) There shall be paid to the holder of the office of Ombudsman such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.<\/p>\n<p>(2) The Minister may, with the consent of the Minister for Finance, make and carry out, in accordance with its terms, a scheme or schemes for the granting of superannuation benefits to or in respect of persons who have held the office of Ombudsman as he or she thinks fit.<\/p>\n<p>(3) A scheme referred to in subsection (2) shall fix the time and conditions of retirement for persons in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.<\/p>\n<p>(4) The Minister may at any time, with the consent of the Minister for Finance, make and carry out a scheme or schemes amending or revoking a scheme under this section.<\/p>\n<p>(5) No superannuation benefit shall be granted by the Minister nor shall any other arrangement be entered into by the Minister for the provision of such a benefit to or in respect of the person who holds the office of Ombudsman otherwise than in accordance with a scheme under this section or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a benefit, in accordance with that sanction.<\/p>\n<p>(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(7) Where a dispute arises as to the claim of any person to, or to the amount of, any superannuation benefit in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.<\/p>\n<p>(8) In this section, &#8220;superannuation benefit\u201d means a pension, gratuity or other allowance payable on resignation, retirement or death.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nDefined benefit schemes under section not affected by Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002), reg. 11 and sch. as substituted (26.02.2009) by Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009), reg. 2.<\/p>\n<p>Exclusion of Schemes<\/p>\n<p>11. (1) The provisions of Part III of the Act shall not apply in the case of any of the schemes specified in the Schedule to these Regulations.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>[SCHEMES EXCLUDED FROM THE PROVISIONS OF PART III OF THE ACT<\/p>\n<p>Article 11<\/p>\n<p>PART I<\/p>\n<p>&#8230;<\/p>\n<p>Any defined benefit scheme established under section 3 of the Ombudsman (Defence Forces) Act 2004<\/p>\n<p>&#8230;<\/p>\n<p>PART II<\/p>\n<p>Schemes for the purpose of providing benefits to the spouses and children of members of any of the schemes specified in Part I in the event of the death of a member.]<\/p>\n<p>Section 4<\/p>\n<h4>Functions of Ombudsman.<\/h4>\n<p>4.\u2014(1) The Ombudsman shall be independent in the performance of his or her functions, and shall at all times have due regard to the operational requirements of the Defence Forces.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the action has or may have adversely affected the complainant,<\/p>\n<p>(b) the action was or may have been\u2014<\/p>\n<p>(i) taken without proper authority,<\/p>\n<p>(ii) taken on irrelevant grounds,<\/p>\n<p>(iii) the result of negligence or carelessness,<\/p>\n<p>(iv) based on erroneous or incomplete information,<\/p>\n<p>(v) improperly discriminatory,<\/p>\n<p>(vi) unreasonable, notwithstanding consideration of the context of the military environment,<\/p>\n<p>(vii) based on undesirable administrative practice, or<\/p>\n<p>(viii) otherwise contrary to fair or sound administration,<\/p>\n<p>(c) the action was not an order issued in the course of a military operation, and<\/p>\n<p>(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.<\/p>\n<p>(3) The Ombudsman may\u2014<\/p>\n<p>(a) decide not to carry out an investigation under this Act into an action that is the subject of a complaint, or<\/p>\n<p>(b) discontinue an investigation under this Act into an action that is the subject of a complaint,<\/p>\n<p>if he or she is of the opinion that\u2014<\/p>\n<p>(i) the complaint is trivial or vexatious,<\/p>\n<p>(ii) the complainant has an insufficient interest in the matter,<\/p>\n<p>(iii) satisfactory measures to remedy, mitigate or alter the adverse effect of the action on the complainant have been taken or are proposed to be taken, or<\/p>\n<p>(iv) the complainant has not taken reasonable steps to seek redress in respect of the subject matter of the complaint or, if the complainant has taken such steps, he or she has not been refused redress.<\/p>\n<p>F1[(3A) If the complaint is that a person has penalised or threatened penalisation (within the meaning of the Protected Disclosures Act 2014) against, or caused or permitted any other person to penalise or threaten penalisation against, the complainant for having made a protected disclosure (within the meaning of that Act), the Ombudsman\u2014<\/p>\n<p>(a) is not prevented from investigating any action that is the subject of the complaint, and<\/p>\n<p>(b) may not decide not to carry out, and may not decide to discontinue, an investigation into any such action,<\/p>\n<p>because no complaint has been made under section 114 of the Act of 1954.]<\/p>\n<p>(4) It shall not be necessary for the Ombudsman to investigate an action under this Act if he or she is of the opinion that the subject matter concerned has been, is being or will be investigated in a similar manner under another investigation by the Ombudsman under this Act.<\/p>\n<p>(5) A preliminary examination or an investigation by the Ombudsman shall not affect the validity of the action investigated or any power or duty of the person who took the action to take further action with respect to any matters the subject of the preliminary examination or investigation.<\/p>\n<p>(6) In determining whether to initiate, continue or discontinue an investigation under this Act, the Ombudsman shall, subject to the provisions of this Act, act in accordance with his or her own discretion.<\/p>\n<p>(7) A member of the Defence Forces\u2014<\/p>\n<p>(a) who makes a complaint to the Ombudsman concerning an action taken by or on behalf of a civil servant shall not, subsequently, make a complaint about the same matter to the Ombudsman appointed under the Act of 1980, or<\/p>\n<p>(b) who makes a complaint to the Ombudsman appointed under the Act of 1980 in relation to an action taken by or on behalf of a civil servant shall not, subsequently, make a complaint about the same matter to the Ombudsman.<\/p>\n<p>(8) Nothing in subsection (2)(a) or section 6 shall be construed as prohibiting the investigation by the Ombudsman of\u2014<\/p>\n<p>(a) an action that is the subject of a complaint by a complainant which, in the opinion of the Ombudsman, has or may have affected the complainant other than in an official capacity, or<\/p>\n<p>(b) an action that is the subject of a complaint by a complainant which was carried out, or may have been carried out, by a person acting other than in an official capacity.<\/p>\n<p>(9) The Ombudsman shall furnish to the Minister such information regarding the performance of his or her functions as the Minister may from time to time request.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (15.07.2014) by Protected Disclosures Act 2014 (14\/2014), s. 20(1), S.I. No. 327 of 2014.<\/p>\n<p>Section 5<\/p>\n<h4>Exclusions.<\/h4>\n<p>5.\u2014(1) The Ombudsman shall not investigate any complaint concerning an action referred to in section 6(1) or 6(2)\u2014<\/p>\n<p>(a) if the action is one in relation to which\u2014<\/p>\n<p>(i) the complainant has initiated legal proceedings in any civil court and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justiciable by that court whether the proceedings have been otherwise concluded or have not been concluded, or<\/p>\n<p>(ii) the complainant has a right, conferred by or under statute, of appeal, reference or review to or before a court in the State (not being an appeal, reference or review in relation to a decision of a court),<\/p>\n<p>(b) if the action has been or is the subject of an investigation under F2[Chapter IV of Part V of the Act of 1954] of the Act of 1954 or by a service tribunal and is not an action concerning delay or any other matter concerning the administration of such investigations,<\/p>\n<p>(c) if the Ombudsman is satisfied that the action relates to or affects security or a military operation,<\/p>\n<p>(d) if the action concerns\u2014<\/p>\n<p>(i) any matter relating to the terms or conditions of employment in the Defence Forces, including any matter relating to the negotiation and determination of the rates of remuneration or allowances, which is within the scope of a conciliation and arbitration scheme referred to in section 2(6) of the Defence (Amendment) Act 1990, or<\/p>\n<p>(ii) any matter concerning the organisation, structure and deployment of the Defence Forces,<\/p>\n<p>(e) if the action is one\u2014<\/p>\n<p>F3[(i) involving the exercise of the right or power referred to in Article 13.6 of the Constitution or the remission of any forfeiture or punishment awarded under Chapter IV of Part V of the Act of 1954, by a court-martial or by the Courts-Martial Appeal Court, or]<\/p>\n<p>(ii) that concerns the administration of military prisons or places of detention for the custody of members of the Defence Forces committed to custody by a service tribunal or otherwise,<\/p>\n<p>(f) if the complaint concerned has not been made within the period specified in section 6(3), or<\/p>\n<p>(g) if the action is taken before the commencement of this Act.<\/p>\n<p>(2) Where for security reasons, the Minister so requests in writing (and attaches to the request a statement in writing setting out in full the reasons for the request), the Ombudsman shall not investigate, or shall cease to investigate, an action specified in the request.<\/p>\n<p>(3) Where the Ombudsman receives a request under subsection (2), he or she may apply to the High Court for a declaration that the matter concerned is not of such gravity to warrant such request.<\/p>\n<p>(4) If the High Court is satisfied that it is appropriate to do so it shall make the declaration and the Minister shall withdraw such request.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nSubstituted (1.01.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4 part 4(a), S.I. No. 254 of 2008.<\/p>\n<p>F3<br \/>\nSubstituted (1.01.2008) by Defence (Amendment) Act 2007 (24\/2007), s. 11 and sch. 4 part 4(b), S.I. No. 254 of 2008.<\/p>\n<p>Section 6<\/p>\n<h4>Complaint to Ombudsman.<\/h4>\n<p>6.\u2014(1) A serving member of the Defence Forces may, subject to this Act, make a complaint to the Ombudsman concerning an action if it has affected that member and was taken by or on behalf of\u2014<\/p>\n<p>(a) another serving member of the Defence Forces,<\/p>\n<p>(b) a former member of the Defence Forces while he or she was a serving member of the Defence Forces, or<\/p>\n<p>(c) a civil servant.<\/p>\n<p>(2) A former member of the Defence Forces may, subject to this Act, make a complaint to the Ombudsman concerning an action if it has affected that former member and was taken while he or she was a serving member of the Defence Forces by or on behalf of\u2014<\/p>\n<p>(a) a serving member of the Defence Forces,<\/p>\n<p>(b) a former member of the Defence Forces while he or she was a serving member of the Defence Forces, or<\/p>\n<p>(c) a civil servant.<\/p>\n<p>(3) A complainant shall make a complaint referred to in subsections (1) and (2) not later than 12 months from\u2014<\/p>\n<p>(a) the date of the action concerned, or<\/p>\n<p>(b) the date on which the complainant became aware of the action,<\/p>\n<p>whichever is the later.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nApplication of section potentially restricted (15.07.2014) by Protected Disclosures Act 2014 (14\/2014), s. 13(1), (2)(a), (b)(iii), S.I. No. 237 of 2014.<\/p>\n<p>Tort action for suffering detriment because of making protected disclosure<\/p>\n<p>13. (1) If a person causes detriment to another person because the other person or a third person made a protected disclosure, the person to whom the detriment is caused has a right of action in tort against the person by whom the detriment is caused.<\/p>\n<p>(2) A person may not both\u2014<\/p>\n<p>(a) pursue a right of action under subsection (1) against a person in respect of a matter, and<\/p>\n<p>(b) in respect of the same matter make or present against the same person\u2014 &#8230;<\/p>\n<p>(iii) a complaint under section 114 of the Defence Act 1954 or section 6 of the Ombudsman (Defence Forces) Act 2004.<\/p>\n<p>&#8230;<\/p>\n<p>Section 7<\/p>\n<h4>Reports.<\/h4>\n<p>7.\u2014(1) Where, following the making of a complaint, the Ombudsman decides not to carry out an investigation or to discontinue an investigation, he or she shall notify the complainant and any person concerned with the complaint, stating the reasons, in writing, for the decision.<\/p>\n<p>(2) Where the Ombudsman conducts an investigation under this Act into an action that is the subject of a complaint, he or she shall send a statement in writing of the results of the investigation to\u2014<\/p>\n<p>(a) the Minister and to all persons concerned with the complaint, and<\/p>\n<p>(b) any other person to whom he or she considers it appropriate to send the statement.<\/p>\n<p>(3) Where, following an investigation under this Act into an action that is the subject of a complaint, it appears to the Ombudsman that the action adversely affected the complainant and is an action falling within subparagraphs (i) to (viii) of section 4(2)(b) he or she may recommend to the Minister\u2014<\/p>\n<p>(a) that the action be further considered,<\/p>\n<p>(b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or<\/p>\n<p>(c) that the reasons for taking the action be given to the Ombudsman,<\/p>\n<p>and, if the Ombudsman thinks fit to do so, he or she may request the Minister to notify him or her within a specified time of a response to the recommendation.<\/p>\n<p>(4) Where the Ombudsman carries out an investigation under this Act into an action that is the subject of a complaint he or she shall notify the complainant of the result of the investigation, the recommendation (if any) made under subsection (3) and the response (if any) made by the Minister.<\/p>\n<p>(5) Where it appears to the Ombudsman that the measures taken or proposed to be taken in response to a recommendation under subsection (3) are not satisfactory, the Ombudsman may, if he or she so thinks fit, cause a special report on the case to be included in a report under subsection (7).<\/p>\n<p>(6) The Ombudsman shall not make a finding or criticism adverse to a person under this section without having provided that person with an opportunity to consider, and make representations in respect of, the finding or criticism to the Ombudsman.<\/p>\n<p>(7) The Ombudsman shall, as soon as may be, but not later than 4 months after the end of each year, cause a report on the performance of his or her functions under the Act to be laid before each House of the Oireachtas and may from time to time cause to be laid before each such House such other reports with respect to those functions as he or she thinks fit.<\/p>\n<p>(8) An annual report referred to in subsection (7) shall be in such form and regarding such matters as the Ombudsman thinks fit or the Minister may direct.<\/p>\n<p>(9) For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say\u2014<\/p>\n<p>(a) the publication of any matter by the Ombudsman in making a report to either House of the Oireachtas for the purpose of this Act, and<\/p>\n<p>(b) the publication by the Ombudsman\u2014<\/p>\n<p>(i) to a person mentioned in subsection (1) of a notification sent to that person in accordance with that subsection,<\/p>\n<p>(ii) to a person mentioned in subsection (2) of a statement sent to that person in accordance with that subsection,<\/p>\n<p>(iii) to the Minister of a recommendation made to the Minister by the Ombudsman in accordance with subsection (3), and<\/p>\n<p>(iv) to the complainant of a notification given to the complainant by the Ombudsman under subsection (4).<\/p>\n<p>Section 8<\/p>\n<h4>Production of document, information, etc.<\/h4>\n<p>8.\u2014(1) (a) Subject to paragraphs (b) and (c), the Ombudsman may, for the purposes of a preliminary examination or an investigation under this Act require any person who, in his or her opinion, is in possession of information, or has a document, part of a document or thing in his or her power or control, that is relevant to the preliminary examination or investigation to furnish that information, document, part of a document or thing to the Ombudsman and, where appropriate, may require that person to attend before him or her for that purpose and the person shall comply with the requirements.<\/p>\n<p>(b) Paragraph (a) shall not apply to information, a document, part of a document or thing that relates to decisions and proceedings of the Government or of any committee of the Government and for the purposes of this paragraph a certificate given by the Secretary General to the Government certifying that any information, document, part of a document or thing so relates shall be conclusive.<\/p>\n<p>(c) Paragraph (a) shall not apply to information, a document, part of a document or thing that concerns any matter relating to security or a military operation and for the purposes of this paragraph a certificate given by the Minister, on the advice of the Chief of Staff, certifying that any information, document, part of a document or thing was so concerned shall be conclusive.<\/p>\n<p>(2) Subject to this Act, a person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.<\/p>\n<p>(3) A person shall not by act or omission obstruct or hinder the Ombudsman in the performance of his or her functions or do any other thing which would, if the Ombudsman were a court having power to commit for contempt of court, be contempt of such court.<\/p>\n<p>(4) Any obligation to maintain secrecy or other restriction on the disclosure of information obtained by or furnished to a Department of State or civil servant imposed by the Official Secrets Act 1963 shall not apply to a preliminary examination or an investigation by the Ombudsman under this Act and, subject to section 10(3), the State shall not be entitled in relation to any such preliminary examination or investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.<\/p>\n<p>(5) The Ombudsman may, if he or she thinks fit, pay to the person affected by an action in respect of which an investigation is held by the Ombudsman and to any other person who attends or furnishes information for the purposes of the investigation\u2014<\/p>\n<p>(a) sums in respect of travelling and subsistence expenses properly incurred by them, and<\/p>\n<p>(b) allowances by way of compensation for loss of their time, of such amount as may, with the consent of the Minister for Finance, be prescribed by the Minister.<\/p>\n<p>(6) A statement or admission made by a person in a preliminary examination or an investigation under this Act shall not be admissible as evidence against that person in any criminal proceedings.<\/p>\n<p>(7) Nothing in subsection (3) shall be construed as applying to the taking of any such action as is mentioned in section 4(5) of this Act.<\/p>\n<p>(8) In this section &#8220;Chief of Staff\u201d has the meaning assigned to it by the Act of 1954.<\/p>\n<p>Section 9<\/p>\n<h4>Conduct of investigations.<\/h4>\n<p>9.\u2014(1) An investigation by the Ombudsman under this Act shall be conducted otherwise than in public.<\/p>\n<p>(2) Where the Ombudsman proposes to carry out an investigation under this Act into an action that is the subject of a complaint he or she shall afford the Minister, a civil servant, any member of the Defence Forces, the person who is alleged to have taken or authorised the action or on whose behalf the action is alleged to have been taken or authorised, and any other person who, in the opinion of the Ombudsman, is appropriate, having regard to the complaint, an opportunity to comment on the action and on any allegation contained in the complaint.<\/p>\n<p>(3) The procedure for conducting an investigation shall, subject to any regulations under subsection (5), be such as is considered appropriate by the Ombudsman, having regard to all the circumstances concerned.<\/p>\n<p>(4) The Ombudsman and any investigation officer shall have a right of access to any military installation for the purpose of conducting a preliminary examination or an investigation under this Act.<\/p>\n<p>(5) The Minister may make regulations specifying the procedures, including notification procedures, to be applied to the exercise of the right of access referred to in subsection (4) for the purpose of conducting a preliminary examination or investigation under this Act.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nPower pursuant to section exercised (1.12.2005) by Defence Forces Ombudsman (Procedures for Access to Military Installations) Regulations 2005 (S.I. No. 781 of 2005).<\/p>\n<p>Section 10<\/p>\n<h4>Secrecy of information.<\/h4>\n<p>10.\u2014(1) The Ombudsman or a member of the staff of the Ombudsman (including an investigation officer) shall not disclose any information, document, part of a document or thing obtained by the Ombudsman or an investigation officer in the course of, or for the purpose of, a preliminary examination or an investigation under this Act except for the purposes of\u2014<\/p>\n<p>(a) the preliminary examination or the investigation concerned,<\/p>\n<p>(b) the making, in accordance with this Act, of any statement, report or notification on that preliminary examination or that investigation, or<\/p>\n<p>(c) proceedings for an offence under the Official Secrets Act 1963 that is alleged to have been committed in respect of information or a document, part of a document or thing obtained by the Ombudsman or an investigation officer by virtue of this Act.<\/p>\n<p>(2) The Ombudsman or a member of the staff of the Ombudsman (including an investigation officer) shall not be called upon to give evidence in any proceedings, other than proceedings referred to in subsection (1)(c), of matters coming to his or her knowledge in the course of a preliminary examination or an investigation under this Act.<\/p>\n<p>(3) (a) The Minister may give notice in writing to the Ombudsman, with respect to any document, part of a document, information or thing specified in the notice, or any class of document, part of a document, information or thing so specified, that, in the opinion of the Minister, the disclosure (other than to the Ombudsman or a member of his or her staff including an investigation officer) of that document, that part of a document, that information or that thing or of documents, parts of a document, information or things of that class, would, for the reasons stated in the notice, be prejudicial to the public interest or to security.<\/p>\n<p>(b) Where a notice is given under this subsection, nothing in this Act shall be construed as authorising or requiring the Ombudsman to communicate to any person or for any purpose any document, part of a document, information or thing specified in the notice or any document, part of a document, information or thing of a class so specified.<\/p>\n<p>(4) Where a notice is given under subsection (3)(a), the Ombudsman or a member of the staff of the Ombudsman (including an investigation officer) shall not disclose any\u2014<\/p>\n<p>(a) document, part of a document, information or thing specified in the notice, or<\/p>\n<p>(b) class of document, part of a document, information or thing specified in the notice,<\/p>\n<p>to any person or for any purpose and nothing in this Act shall be construed as authorising or requiring the Ombudsman or a member of the staff of the Ombudsman (including an investigation officer) to disclose to any person or for any purpose anything referred to in paragraph (a) or (b).<\/p>\n<p>Section 11<\/p>\n<h4>Committee of Public Accounts.<\/h4>\n<p>11.\u2014(1) The Ombudsman shall, whenever required to do so by the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on\u2014<\/p>\n<p>(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Ombudsman is required to prepare under this Act,<\/p>\n<p>(b) the economy and efficiency of the Ombudsman in the use of resources,<\/p>\n<p>(c) the systems, procedures and practices employed by the Ombudsman for the purpose of evaluating the effectiveness of the operation of the office of the Ombudsman, and<\/p>\n<p>(d) any matter affecting the Ombudsman referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before D\u00e1il \u00c9ireann.<\/p>\n<p>(2) In the performance of his or her duties under this section, the Ombudsman shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.<\/p>\n<p>Section 12<br \/>\nOireachtas committees.<\/p>\n<p>12.\u2014(1) In this section \u201ccommittee\u201d means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the committee referred to in section 11, the Committee on Members&#8217; Interests of D\u00e1il \u00c9ireann or the Committee on Members&#8217; Interests of Seanad \u00c9ireann) or a subcommittee of such a committee.<\/p>\n<p>(2) Subject to subsection (3), the Ombudsman shall, at the request in writing of a committee, attend before it to account for the general administration of the Office of the Ombudsman.<\/p>\n<p>(3) The Ombudsman shall not be required to account before a committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.<\/p>\n<p>(4) Where the Ombudsman is of the opinion that a matter in respect of which he or she is requested to account before a committee is a matter to which subsection (3) applies, he or she shall inform the committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the committee at a time when the Ombudsman is before it, the information shall be so conveyed in writing.<\/p>\n<p>(5) Where the Ombudsman has informed a committee of his or her opinion in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (2) in so far as it related to a matter the subject of that opinion\u2014<\/p>\n<p>(a) the Ombudsman may, not later than 21 days after being informed by the committee of its decision not to do so, apply to the High Court in a summary manner for a determination as to whether the matter is one to which subsection (3) applies, or<\/p>\n<p>(b) the chairperson of the committee may, on behalf of the committee, make such an application,<\/p>\n<p>and the High Court may determine the matter.<\/p>\n<p>(6) Pending the determination of an application under subsection (5), the Ombudsman shall not attend before the committee to account for the matter the subject of the application.<\/p>\n<p>(7) Where the High Court determines that the matter concerned is one to which subsection (3) applies, the committee shall withdraw the request referred to in subsection (2).<\/p>\n<p>(8) Where the High Court determines that subsection (3) does not apply, the Ombudsman shall attend before the committee to give account for the matter.<\/p>\n<p>Section 13<br \/>\nAmendment of section 114 of Act of 1954.<\/p>\n<p>13.\u2014Section 114 of the Act of 1954 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the substitution of \u201cChief of Staff\u201dfor \u201cMinister\u201d,<\/p>\n<p>(b) in subsection (2), by the deletion of \u201cwho, if so required by the man, shall report on the matter of complaint to the Minister\u201d, and<\/p>\n<p>(c) by the insertion after subsection (3) of the following subsections:<\/p>\n<p>\u201c(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) specify a period or periods within which such reports are to be submitted and complaints referred, and<\/p>\n<p>(b) the form and content of such notifications, reports and submissions.\u201d.<\/p>\n<p>Section 14<\/p>\n<p>Staff<\/p>\n<p>14.\u2014(1) The Minister may, with the consent of the Minister for Finance, appoint such and so many persons to be members of the staff of the Ombudsman as he or she may from time to time determine.<\/p>\n<p>(2) A member of the staff of the Ombudsman shall be a civil servant in the Civil Service of the State.<\/p>\n<p>(3) The appropriate authority, within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996 in relation to the staff of the Ombudsman shall be the Ombudsman.<\/p>\n<p>(4) The Ombudsman may delegate to any member of the staff of the Ombudsman any function of the Ombudsman under this Act other than the functions referred to in sections 7(5), 7(7), 11 and 12.<\/p>\n<p>(5) In this section &#8220;civil servant in the Civil Service of the State\u201d means a person holding a position in the Civil Service of the State.<\/p>\n<p>Section 15<br \/>\nInvestigation officers<\/p>\n<p>15.\u2014(1) The Ombudsman may appoint in writing, either generally or in respect of any matter or event, such and so many members of the staff of the Ombudsman to be investigation officers for the purposes of all or any of the provisions of this Act and a person so appointed shall be referred to as an &#8220;investigation officer&#8221;.<\/p>\n<p>(2) Every investigation officer appointed under this section shall be furnished with a warrant of appointment as an investigation officer, and when exercising any power conferred on him or her by this section as an investigation officer, shall, if requested by a person affected, produce the warrant or a copy of it to that person.<\/p>\n<p>(3) The Ombudsman may revoke an appointment made under subsection (1).<\/p>\n<p>(4) An investigation officer may, for the purpose of obtaining any information which may be required in relation to the matter under investigation and in order to enable the Ombudsman to perform his or her functions under this Act, do any one or more of the following\u2014<\/p>\n<p>(a) at all reasonable times enter any premises, including, subject to regulations under section 9(5), a military installation, in which there are reasonable grounds to believe that any activity in connection with a complaint is or has been carried on or that books, records or other documents in relation to a complaint are kept and search and inspect the premises and any books, records or other documents on the premises,<\/p>\n<p>(b) require a member of the Defence Forces or any other person to produce to the investigation officer any records and in the case of information that is kept in a non-legible form to reproduce it in a legible form or to give to him or her such information as the investigation officer may reasonably require in relation to any entries in such records,<\/p>\n<p>(c) inspect and take copies of or extracts from any such records, file, papers or electronic information system in, at or on the place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form,<\/p>\n<p>(d) require any person to give to the investigation officer any information which the officer may reasonably require in relation to a preliminary examination or an investigation under this Act,<\/p>\n<p>(e) require any person to give to the investigation officer such facilities and assistance within his or her control or responsibilities as are reasonably necessary to enable the investigation officer to exercise any of the powers conferred on him or her by or under this Act, and<\/p>\n<p>(f) summon, at any reasonable time, any person to give to the investigation officer any information which he or she may reasonably require and to produce to the investigation officer any records which are in the power or control of that person.<\/p>\n<p>Section 16<br \/>\nAccounts and audits.<\/p>\n<p>16.\u2014(1) The Ombudsman shall keep in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received or expended by him or her, including an income and expenditure account and a balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.<\/p>\n<p>(2) Accounts kept in pursuance of this section shall be submitted, not later than 3 months after the end of the financial year to which they relate, by the Ombudsman to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account, the balance sheet and of any other accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General&#8217;s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 36 of 2004<\/p>\n<p>Ombudsman (Defence Forces Act) 2004<\/p>\n<p>Section 16<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Section 17<br \/>\nRegulations.<\/p>\n<p>17.\u2014Every regulation made under this Act 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 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>Section 18<br \/>\nExpenses.<\/p>\n<p>18.\u2014Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Section 19<br \/>\nShort title and commencement.<\/p>\n<p>19.\u2014(1) This Act may be cited as the Ombudsman (Defence Forces) Act 2004.<\/p>\n<p>(2) This Act comes into operation on such day or days as the Government may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-26969\" data-postid=\"26969\" class=\"themify_builder_content themify_builder_content-26969 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Enlistment The Adjutant General is responsible for personnel matters in the Defence Forces. Enlistment is undertaken by taking an oath but is based on contractual terms. The contract has certain statutory terms and conditions.\u00a0 However, \u00a0a soldier is an office holder and not an employee. 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