{"id":26972,"date":"2023-09-07T22:36:09","date_gmt":"2023-09-07T22:36:09","guid":{"rendered":"https:\/\/legalblog.ie\/?p=26972"},"modified":"2024-04-19T22:28:23","modified_gmt":"2024-04-19T22:28:23","slug":"leaving-service","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/leaving-service\/","title":{"rendered":"Leaving Service"},"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\/leaving-service\/#Discharge\" title=\"Discharge\">Discharge<\/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\/leaving-service\/#Authorising_Discharge\" title=\"Authorising Discharge\">Authorising Discharge<\/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\/leaving-service\/#Officers\" title=\"Officers\">Officers<\/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\/leaving-service\/#Retirement\" title=\"Retirement\">Retirement<\/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\/leaving-service\/#Fitness\" title=\"Fitness\">Fitness<\/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\/leaving-service\/#Sick_Leave\" title=\"Sick Leave\">Sick Leave<\/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\/leaving-service\/#Re-classification\" title=\"Re-classification\">Re-classification<\/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\/leaving-service\/#Court_of_Inquiry\" title=\"Court of Inquiry\">Court of Inquiry<\/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\/leaving-service\/#Court_of_Inquiry_Proceedings\" title=\"Court of Inquiry Proceedings\">Court of Inquiry Proceedings<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-11\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-12\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-13\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-14\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-15\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-16\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-17\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-18\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-19\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-20\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-21\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-22\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-23\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-24\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-25\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-26\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-27\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-28\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-29\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-30\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-31\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-32\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-33\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-34\" href=\"https:\/\/legalblog.ie\/leaving-service\/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-35\" href=\"https:\/\/legalblog.ie\/leaving-service\/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><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Discharge\"><\/span>Discharge<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons may be discharged from the military<\/p>\n<ul>\n<li>by order of prescribed military authority<\/li>\n<li>on foot or a sentence of discharge with or without ignominy by court-martial<\/li>\n<li>or in pursuance of the direction of the Minister or authorised officer for prescribed reason.<\/li>\n<\/ul>\n<p>Prescribed reasons (by which person may be discharged by direction of the Minister or officer authorised) include<\/p>\n<ul>\n<li>improper enlistment,<\/li>\n<li>\u00a0application for discharge by purchase subject to certain conditions<\/li>\n<li>own request after 12 years<\/li>\n<li>conviction by the Special Criminal Court<\/li>\n<li>appointment to be an officer<\/li>\n<li>completion of engagement (requires to re-enlist).<\/li>\n<\/ul>\n<p>A female soldier may request on marriage or becoming pregnant to be discharged<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Authorising_Discharge\"><\/span>Authorising Discharge<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The officer commanding may discharge where<\/p>\n<ul>\n<li>a person has been convicted<\/li>\n<li>misconduct<\/li>\n<li>on request to take up civilian appointment<\/li>\n<li>on application for compassionate reasons,<\/li>\n<li>is not likely to become efficient.<\/li>\n<li>whose services are no longer required.<\/li>\n<\/ul>\n<p>Other applications are made to the Adjutant General.<\/p>\n<p>A resignation may be accepted or declined.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Officers\"><\/span>Officers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The President on the advice of the Minister retire officers for reasons including medical grounds, conduct, inefficiency and the interests of the service.\u00a0 The President may dismiss an officer following due process. The President has no discretion and his or her role is nominal.<\/p>\n<p>The reasons for the proposed retirement must be communicated and he must be given an opportunity to make representations.\u00a0 Basic constitutional justice applies.\u00a0 This is more important where the grounds are discreditable.<\/p>\n<p>As an officeholder, the principles of constitution and natural justice apply to a discharge on a non-consensual basis. Where the reasons are discreditable, there is a greater obligation to ensure the person is given the opportunity to meet his case as it will reflect on his character.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Retirement\"><\/span>Retirement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are retirement ages which are relatively low, referable to particular ranks. The Minister may extend the applicable position. The retirement ages increase in accordance with the higher ranks. Certain officers may be appointed for a fixed, period so that their office expires.<\/p>\n<p>Officers may retire with the permission of the Minister for Defence. If they are subject to an undertaking to refund expenses, they are obliged to repay those sums as a condition of retirement.\u00a0 Officers against whom misconduct charges are pending may not be permitted to retire until the case has concluded.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fitness\"><\/span>Fitness<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A medical board classifies members of the Defence Forces in accordance with their medical category. Examinations are recorded and answered on the soldier or officer&#8217;s medical book.<\/p>\n<p>There are categories of mental and bodily fitness, prescribed by regulation.\u00a0 They are categorised in accordance with their physical abilities and efficiencies. Their physical and mental constitution, vision hearing, and general health are considered. There are specific tests of hearing and vision undertaken.<\/p>\n<p>There are various gradings, depending on their ability to undertake physical exertion. Once a member of the Defence Forces, is over forty years of age, he is automatically downgraded, from a fitness perspective.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sick_Leave\"><\/span>Sick Leave<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An officer or soldier who is unable to perform normal military duties because of physical or mental disability may be granted sick leave.\u00a0 He may be required to undergo medical examination as often as advised.<\/p>\n<p>There are provisions for the extension of sick leave.\u00a0 If a person is unable to resume duty after a number of extensions, he may be obliged to retire from the Defence Forces. There are separate but similar rules in respect of non-commissioned officers and private soldiers.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Re-classification\"><\/span>Re-classification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Recruits, cadets and other entrants are required to achieve minimum standards following examination.\u00a0 \u00a0Members of the Defence Forces undertake examination at least every 12 months and may be reclassified at intervals of three years or on certain other occasions as may be designate by commanding officers and other officers of the Defence Forces.<\/p>\n<p>The effect of re-classification depends on the nature of the category and the soldier or officer&#8217;s position.\u00a0 Persons training to be officers may be unable to obtain the relevant grade.\u00a0 A person may be ineligible for certain categories of service, including service overseas.\u00a0 Eligibility for extension of service and re-engagement may be restricted.<\/p>\n<p>Certain reclassifications have serious consequences for the member&#8217;s future. Because of the fact that reclassification may have an adverse effect on the career of a Defence Forces member, Constitutional fair procedures are required.<\/p>\n<p>They must be informed of the re-classification given the opportunity to make representations before it becomes final.\u00a0 He may have his own medical or legal representative for the purpose of making representations.\u00a0 He is to be given \u00a0copies of the medical documents.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Court_of_Inquiry\"><\/span>Court of Inquiry<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Courts of Inquiry are constituted by officers for the purpose of enquiring it in matters referred to them to make a finding or declaration.\u00a0 The Court of Inquiry may examine into matters relevant to conduct and service.<\/p>\n<p>They may inquire into accidents involving weapons, where persons or animals are injured or property is damaged, outbreaks of fire, explosions, damage to property, accidents in which a person subject to military law are involved and the maiming or injury of a person, who is subject to military law, whether on or \u00a0off duty. There are \u00a0exemptions and cases where it is only held if directed.<\/p>\n<p>The court comprising officers is made up president and members or assessors, unless otherwise required by regulation. The authority may order the attendance of persons subject to military law. Documents \u00a0in military custody may be produced.\u00a0 An inquest may take place into the death of a person.<\/p>\n<p>There are normally three members in the Court of Inquiry.\u00a0 Membership will depend on the subject matter.\u00a0 A civilian with the necessary technical qualifications may advise the court on technical questions. The court acts by majority.\u00a0 Dissenting members may make a dissenting finding.<\/p>\n<p>The purpose of a Court of Inquiry is to determine the truth of the matter under investigation.\u00a0 The court does not express an opinion on the conduct of a person subject to military law unless required to do so by the authority which convened it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Court_of_Inquiry_Proceedings\"><\/span>Court of Inquiry Proceedings<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Evidence is unsworn unless otherwise directed.\u00a0 It should be recorded in writing. Persons not subject to military law may be the subject of an order for attendance by the convening authority.<\/p>\n<p>The principles of constitutional justice apply to the proceedings of a Court of Inquiry, subject to qualifications and limitations.<\/p>\n<p>The convening authority reviews the proceedings and signifies its agreement or otherwise with the finding.\u00a0 The convening authority may direct the court to reassemble and take further evidence, review its decision or make new or further findings.<\/p>\n<p>The proceedings of courts of inquiry including confessions and admissions made are not admissible in evidence against a person subject to military law other than on a trial for perjury.\u00a0 Findings of the court are not admissible as evidence.\u00a0 They are treated as confidential.<\/p>\n<p><!--nextpage--><\/p>\n<h2>DEFENCE ACT<\/h2>\n<p>&nbsp;<\/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>&nbsp;<\/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>&nbsp;<\/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<!--themify_builder_content-->\n<div id=\"themify_builder_content-26972\" data-postid=\"26972\" class=\"themify_builder_content themify_builder_content-26972 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Discharge Persons may be discharged from the military by order of prescribed military authority on foot or a sentence of discharge with or without ignominy by court-martial or in pursuance of the direction of the Minister or authorised officer for prescribed reason. Prescribed reasons (by which person may be discharged by direction of the Minister [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[147],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26972"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=26972"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26972\/revisions"}],"predecessor-version":[{"id":35492,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26972\/revisions\/35492"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=26972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=26972"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=26972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}