Defence Forces (Temporary Provisions) (No. 2) Act, 1940
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Defence Forces (Temporary Provisions) (No. 2) Act, 1940.
(2) For the purpose of collective citation the expression “the Defence Forces (Temporary Provisions) Acts, 1923 to 1940” shall include this Act.
num: 2
paragraphs: —(1) In this Act—
the expression “the Principal Act” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment;
the expression “the Acts” means the Defence Forces (Temporary Provisions) Acts, 1923 to 1940;
the expression “the Defence Forces” means the Forces and the Reserve;
the expression “State ship” means a ship or vessel belonging to, or employed in the service of, the State.
(2) The Acts and this Act shall be read and construed together and accordingly every expression and word used in this Act to which a particular meaning is given by the Acts for the purposes of the Acts has in this Act the meaning so given.
num: 3
paragraphs: —Whenever an officer or soldier is borne on the roll of, or is being trained or exercised on, any State ship, he shall be deemed for the purposes of this Act to be employed on such State ship, and the expression “employed on a State ship” and cognate expressions shall be construed accordingly.
num: 4
paragraphs: —(1) The Government may, whenever they consider the circumstances are of such a nature as to warrant their so doing, by order under this sub-section declare that a state of emergency exists.
(2) The Government may by order under this sub-section revoke any order made under the immediately preceding sub-section; and thereupon such last-mentioned order shall cease to be in force.
(3) Whenever an order is made by the Government under sub-section (1) of this section declaring that a state of emergency exists, then, so long as such order remains in force, a period of emergency shall be deemed for the purpose of this Act to exist, and the expression “period of emergency” shall in this Act be construed accordingly.
(4) Every order made under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas and be published in the Iris OifigiÃºil.
num: 5
paragraphs: —The Acts and this Act apply to all persons subject to military law whether such persons are for the time being within or without the area of application of the Acts of the Oireachtas and to all persons subject to military law who are for the time being on board any ship.
num: 6
paragraphs: —(1) A person subject to military law shall be deemed for the purposes of the Acts and this Act to be on active service—
(a) during any period while an order made by the Government under sub-section (2) of this section is in force, or
(b) whenever he is attached to or forms part of a force which is engaged in operations against an enemy, or
(c) whenever he is engaged in military operations in a place wholly or mainly occupied by an enemy,
and the expression “on active service” when used in the Acts or this Act in relation to a person subject to military law shall be construed accordingly.
(2) The Government may, whenever and so often as they are of opinion that circumstances are of such a nature as to warrant their so doing, by order under this sub-section declare the Defence Forces to be on active service.
(3) The Government may at any time by order under this sub-section revoke any order made under sub-section (2) of this section.
num: 7
paragraphs: —The expenses incurred by any Minister of State 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.
num: 8
paragraphs: —The enactments specified in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.
num: 9
paragraphs: —In this Chapter of this Part of this Act—
the expression “transport undertaking” means the undertaking of any shipping, railway, tramway or canal company or of any person carrying on a passenger road service, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of any person carrying on a merchandise road transport business, within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and includes any stations, buildings, works or accommodation belonging to, or required for the working of, any such undertaking;
the word “plant” means engines, rolling stock, vehicles, boats, and all things necessary for the proper working of a transport undertaking which are not included in the definition of the expression “transport undertaking”.
num: 10
paragraphs: —(1) During a period of emergency the Minister may, from time to time by order addressed to the owners of a transport undertaking, require that such traffic for the Defence Forces as may be specified in such order shall be received and forwarded by such transport undertaking in priority to any other traffic, and the owners of such transport undertaking shall comply with such order and for that purpose shall, so far as may be necessary, suspend the receiving and forwarding of all other traffic by such transport undertaking.
(2) If the owner of, or any person employed by, a transport undertaking refuses, neglects or fails to comply with the requirement of any order under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(3) The Minister may take such means as he considers necessary (including the use of force) for securing that any order under this section is carried into effect.
(4) An order under this section shall not be in force for more than one month after the date thereof, but may be renewed.
(5) There shall be paid by the Minister, out of moneys provided by the Oireachtas, to the owner of any transport undertaking, required to receive and forward traffic under this section, by way of compensation such remuneration as may, with the consent of the Minister for Finance, be agreed upon or as, in default of agreement, may be determined in accordance with provisions to be made by statute.
num: 11
paragraphs: —(1) The Minister, after consultation with the Minister for Industry and Commerce and the Minister for Supplies, may at any time by order addressed to the owners of any transport undertaking require that such adaptations as may be specified in such order of the plant of such undertaking be made within a specified time.
(2) The adaptations which may be specified in an order under this section may be adaptations by way of addition to, substitution for, or removal of, any part or parts of an article included in the plant of a transport undertaking, but shall not be such as to interfere with the purpose for which the article was primarily designed.
(3) Any person (in this sub-section referred to as an authorised person) authorised by the Minister in that behalf may at all reasonable times enter the premises of a transport undertaking and inspect the plant thereof, whether an order has or has not then been made under this section in respect of such transport undertaking, and any person who obstructs or interferes with an authorised person in the exercise of the powers conferred on an authorised person by this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(4) If the owners of a transport undertaking in respect of which an order has been made under this section refuse, fail or neglect to comply with the requirements of such order, such owners shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(5) Where any adaptations have, in pursuance of an order under this section, been made in the plant of a transport undertaking, there shall be paid by the Minister, out of moneys provided by the Oireachtas, to the owners of such transport undertaking by way of compensation in respect of the cost incurred by them in making such adaptations such amount as may, with the consent of the Minister for Finance, be agreed upon or as, in default of agreement, may be determined in accordance with provisions to be made by statute.
num: 12
paragraphs: —(1) The Minister may, from time to time and at any time, make such regulations as he thinks fit, for—
(a) requiring the occupiers of premises to provide, during a period of emergency, lodging, attendance, and food for members of the Defence Forces;
(b) requiring occupiers of premises and of livery stables to provide, during a period of emergency, stabling and forage for horses of the Defence Forces;
(c) requiring the occupiers of premises and garages to provide, during a period of emergency, garaging for mechanically propelled vehicles of the Defence Forces;
(d) conferring on such persons as the Minister thinks proper such powers and authorities for the carrying out and enforcement of the regulations as he thinks proper;
(e) fixing, with the sanction of the Minister for Finance, the scales of payment to be made in respect of any lodgings, attendance, food, stabling, forage and garaging so provided;
(f) providing for any matter or thing ancillary to the matters aforesaid;
(g) providing that any breach or contravention of any such regulation shall be an offence triable summarily, and fixing the punishments which may be inflicted by courts of summary jurisdiction on persons convicted of any such offence.
(2) There shall be paid out of moneys provided by the Oireachtas to persons providing lodgings, attendance, food, stabling, and garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.
(3) When by regulations made under this section any powers or duties are conferred or imposed on members of the GÃ¡rda SÃ­ochÃ¡na or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with any member of the GÃ¡rda Siochana, such regulations so relating to the GÃ¡rda SÃ­ochÃ¡na shall be made with the concurrence of the Minister for Justice.
(4) Every regulation made under this section shall have the force of law.
(5) Every regulation 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 such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.
(6) Notwithstanding the repeal thereof effected by this Act, section 173 (which relates to billeting in cases of emergency) of the Principal Act shall continue in force until the first regulations under this section have been made and have come into force.
num: 13
paragraphs: —(1) Under the direction of the President acting on the advice of the Government and subject to the provisions of the Acts and this Act, the military command of and all executive and administrative powers in relation to the Defence Forces including the power to delegate command and authority, shall be exercisable by the Government through and by the Minister.
(2) The delegation of command and authority—
(a) may be in relation to any one or more of the following—
(i) any formation of troops,
(ii) a geographical area,
(iii) a State ship;
(b) may be made subject to such exceptions and limitations as the delegating authority may think fit,
and for the purpose of sub-paragraph (ii) of paragraph (a) of this sub-section the Minister may divide the State into such and so many military areas as he thinks fit.
(3) The Minister may make regulations, applying to officers, as to the persons to be invested as officers with military command over the Defence Forces or any part thereof or any person belonging thereto, and as to the mode in which such command is to be exercised.
(4) The inspection of the Defence Forces or any portion therof may, subject to this Act, be vested in such officer or officers as may be appointed by the Government.
num: 14
paragraphs: —(1) The Minister may, whenever and so often as he thinks fit, divide the Reserve of Officers and the Reserve of Men into such classes as he thinks fit and assign to any such class such descriptive title as he thinks fit.
(2) The Minister may by order revoke or amend any order under this section (including this sub-section).
num: 15
paragraphs: —(1) The Reserve of officers shall consist of—
(a) persons who at the date of the passing of this Act are commissioned as officers of the Reserve of Officers, and are for the time being officers of the Reserve of Officers, and
(b) persons who on or after the date of the passing of this Act are appointed officers of the Reserve of Officers and are for the time being officers of the Reserve of Officers.
(2) Officers belonging to the Reserve of Officers shall be liable to be employed for service with, or attached to, any unit of the Forces or the Reserve.
num: 16
paragraphs: —The Reserve of Men shall consist of—
(a) persons who having enlisted for service in the Forces have before the passing of this Act been transferred to the Reserve in pursuance of Chapter V of Part II of the Principal Act and are for the time being men of the Reserve,
(b) persons who having enlisted (whether before or after the passing of this Act) for service in the Forces are after the passing of this Act transferred to the Reserve in pursuance of Chapter V of Part II of the Principal Act,
(c) persons who are in pursuance of Chapter II of Part IV of this Act directly enlisted for service in the Reserve of Men and are for the time being men of the Reserve.
num: 17
paragraphs: —(1) The ranks set out in the second column of the Table hereto shall be the grades of commissioned military rank in the Defence Forces, and any grade of commissioned military rank set out in the said second column before any other grade of commissioned military rank shall be senior to such other grade.
(2) The ranks set out in the third column of the Table hereto shall be the grades of commissioned marine rank in the Defence Forces, and any grade of commissioned marine rank set out in the said third column before any other grade of commissioned marine rank shall be senior to such other grade.
(3) For the purposes of any enactment (being a SaorstÃ¡t Ãireann statute or an Act of the Oireachtas) including this Act every commissioned marine rank mentioned in the third column of the Table hereto shall be deemed to be a rank corresponding to the commissioned military rank respectively mentioned opposite thereto in the second column of the said Table, and references in any such enactment to a commissioned military rank corresponding to a commissioned marine rank shall be construed as including references to such commissioned marine rank.
TABLE OF COMMISSIONED RANKS.
Ref. No.
Military Ranks
Marine Ranks
(1)
(2)
(3)
1
GeinearÃ¡l or (in, English) General.
—
2
Lefteanant-GheinearÃ¡l or (in English) Lieutenant-General.
—
3
Maor-GheinearÃ¡l or (in English) Major-General.
Fo-AimirÃ©al or (in English) Commodore.
4
Coronal or (in English) Colonel.
Captaen or (in English) Captain.
5
Maor or (in English) Major
CeannasaÃ­ or (in English) Commander.
6
Ceannphort or (in English) Commandant.
Lefteanant-Cheannasai or (in English) Lieutenant-Commander.
7
Captaen or (in English) Captain.
Lefteanant or (in English) Lieutenant.
8
Lefteanant or (in English) Lieutenant.
Fo-Lefteanant or (in English) Sub-Lieutenant.
9
Dara Lefteanant or (in English) Second-Lieutenant
Meirgire or (in English) Ensign.
num: 18
paragraphs: —(1) The ranks set out in the second column of the Table hereto shall be the grades of non-commissioned military rank in the Defence Forces, and any grade of non-commissioned military rank set out in the said second column before any other grade of non-commissioned military rank shall be senior to such other grade.
(2) The rank set out in the third column of the Table hereto shall be the grade of non-commissioned marine rank in the Defence Forces, and shall be senior to any grade of non-commissioned rating set out in the fourth column of the said Table.
(3) The ratings set out in the fourth column of the Table hereto shall be the grades of non-commissioned marine rating in the Defence Forces, and any grade of non-commissioned marine rating set out in the said fourth column before any other grade of non-commissioned marine rating shall be senior to such other grade.
(4) For the purposes of the Acts—
(a) the marine rank of Warrant Officer shall be deemed to be a rank corresponding to the military rank of Sergeant-Major, and references in the Acts to the rank of Sergeant-Major shall be construed as including references to the rank of Warrant Officer;
(b) every marine rating mentioned in the fourth column of the Table hereto shall be deemed to be a rank corresponding to the military rank respectively mentioned opposite thereto in the second column of the said Table, and references in the Acts to a grade of non-commissioned military rank corresponding to a grade of non-commissioned marine rating shall be construed as including references to such grade of non-commissioned marine rating.
(5) The Minister may by order direct that in relation to any Corps or Service or part of a Corps or Service the holder of non-commissioned military rank therein shall in lieu of holding a rank specified in the second column of the Table hereto hold such other equivalent rank as may be specified in such order, and in such case references in the Acts to a rank specified in the said second column shall as respects such Corps or Service or part of such Corps or Service be construed as references to a person holding the equivalent rank specified in such order.
(6) The Minister may, whenever and so often as he thinks fit, by order divide any grade of marine rating mentioned in the fourth column of the Table hereto into such and so many classes as he thinks fit and may assign to each such class such distinctive description as he thinks proper, and may at any time revoke or amend any such order.
TABLE OF NON-COMMISSIONED RANKS AND RATINGS.
Ref. No.
Military Ranks
Marine Ranks
Marine Ratings
(1)
(2)
(3)
(4)
1
Maor-ShÃ¡irsint or (in English) Sergeant-Major.
Oifigeach BarÃ¡ntais or (in English) Warrant Officer.
—
2
CeathrÃº - ShÃ¡irsint Catha or (in English) Battalion Quartermaster-Sergeant.
—
—
3
SÃ¡irsint Complachta or (in English) Company-Sergeant.
—
Ard - Mhion - Oifig-each or (in English) Chief Petty Officer.
4
CeathrÃº-ShÃ¡irsint Complachta or (in English) Company Quartermaster -Sergeant.
—
—
5
SÃ¡irsint or (in English) Sergeant.
—
Mion-Oifigeach or (in English) Petty Officer.
6
Ceannaire or (in English) Corporal.
—
MÃ¡irnÃ©alach Ceannais or (in English) Leading Seaman.
7
SaighdiÃºir Singil or (in English) Private
—
MÃ¡irnÃ©alach or (in English) Seaman.
num: 19
paragraphs: —(1) Every officer of the Forces shall upon being granted a commission in the Forces take an oath or make a declaration in either the form set out in Part I of the Second Schedule to this Act or the form set out in Part II of the said Schedule.
num: 20
paragraphs: —(1) An officer of the Reserve of Officers holding a particular rank shall, on reaching an age which is, in relation to officers of the Reserve of Officers of that rank, prescribed as the age for the relinquishment of their commissions, relinquish his commission.
(2) The President, acting on the advice of the Government, may direct that any officer of the Reserve of Officers shall relinquish his commission on the ground of ill-health and in that case such officer shall relinquish his commission.
(3) The relinquishment of his commission by an officer under sub-section (2) of this section shall take effect as on and from such date as the President, acting on the advice of the Government, may fix.
(4) The Minister may make regulations in relation to the matter referred to as prescribed in sub-section (1) of this section, and the word “prescribed” in the said sub-section means prescribed by such regulations.
num: 21
paragraphs: —(1) Section 11 of the Defence Forces Act, 1937 (No. 41 of 1937), is hereby repealed and in lieu thereof it is hereby enacted that the oath or declaration to be taken or made pursuant to section 21 of the Principal Act by a person enlisting in the Forces under Chapter V of Part II of the Principal Act shall be either in the form set out in Part I of the Fourth Schedule to this Act or in the form set out in Part II of the said Schedule.
num: 22
paragraphs: —(1) This Chapter of this Part of this Act shall not apply in respect of any person who has before the date of the passing of this Act been or who is on or after the said date enlisted in the Forces under Chapter V of Part II of the Principal Act, and nothing in this Chapter of this Part of this Act shall be construed as affecting the operation of the said Chapter V.
(2) Nothing in Chapter V of Part II of the Principal Act shall apply in respect of any person who is enlisted under this Chapter of this Part of this Act.
num: 23
paragraphs: —In the subsequent provisions of this Chapter of this Part of this Act the word “enlist” means enlist under this Chapter of this Part of this Act, and the words “enlisted” and “enlisting” shall be construed accordingly.
Enlistment in Forces for period of an emergency.
num: 24
paragraphs: —Notwithstanding anything contained in the Acts, a person (including a minor) may during a period of emergency be enlisted to serve for that period of emergency as a soldier of the Forces in army service.
Direct enlistment in the Reserve of Men and period of service.
num: 25
paragraphs: —(1) A person (including a minor) may be directly enlisted to serve as a man of the Reserve of Men for a period of twelve years or for such less period as may from time to time be fixed by the Minister, but not for any longer period, and the period for which a person enlists in the Reserve of Men is in this Chapter of this Part of this Act referred to as the term of the original enlistment of such person.
(2) Where a person under the age of eighteen years is enlisted in the Reserve of Men, the Minister may, if he thinks fit, direct that the term of his original enlistment shall be reckoned from the day on which such person attains the age of eighteen, and in any such case the term of the original enlistment of such person shall be reckoned accordingly.
num: 26
paragraphs: —A man of the Reserve of Men who enlisted directly in the Reserve of Men and whose term of original enlistment is less than twelve years may, with the consent of the Minister, extend the term of his original enlistment up to the period of twelve years or any shorter period.
Proceedings for enlistment and attestation of recruits.
num: 27
paragraphs: —(1) The Minister may make regulations (in this Chapter of this Part of this Act referred to as recruiting regulations) in: relation to all or any of the following matters, that is to say:—
(a) the persons authorised to enlist recruits for the Forces and the Reserve of Men;
(b) the manner in which recruits are to be enlisted;
(c) the forms to be used for the purposes of enlistment;
(d) any other matter in relation to proceedings for enlistment.
(2) Recruiting regulations shall provide for the completion by a person enlisting in the Forces or the Reserve of Men of an attestation paper in the form directed by the Minister and the signing by such person of such attestation paper and the verification of his signature.
num: 28
paragraphs: —Every person enlisting in the Forces or the Reserve of Men shall be enlisted in accordance with recruiting regulations.
num: 29
paragraphs: —Every person enlisting in the Forces or the Reserve of Men shall, upon signing the attestation paper and taking the oath or making the declaration required by this Act to be taken or made, be deemed to be enlisted as a soldier of the Forces or as a man of the Reserve of Men (as the case may be), and the date on which he signs such attestation paper and takes such oath or makes such declaration shall be, for the purposes of this Chapter of this Part of this Act, the date of the attestation of such person.
Appointments of Soldiers to Corps and Services.
num: 30
paragraphs: —(1) Recruits may, in pursuance of any general or special regulations from time to time made by the Minister, be enlisted for service in a particular Corps or Service, but save as provided in such regulations (if any) recruits shall be enlisted for general service.
(2) The prescribed military authority shall as soon as practicable appoint a recruit, if enlisted for service in a particular Corps or Service, to that Corps or Service, and if enlisted for general service to some Corps or Service.
Discharge of Soldiers of the Forces on completion of service.
num: 31
paragraphs: —Every soldier of the Forces who is enlisted for the period of an emergency shall upon the expiration of such period be discharged with all convenient speed.
num: 32
paragraphs: —Where a soldier of the Forces is discharged he shall be entitled to be conveyed free of cost from the place where he is discharged to the place in which 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.
Discharge on completion of service of men of the Reserve of Men.
num: 33
paragraphs: —In reckoning the service of a man of the Reserve of Men for the purposes of discharge, service shall be deemed to begin on the date of his attestation.
num: 34
paragraphs: —(1) Subject to the provisions of this section, every man of the Reserve of Men shall, upon completion of the term of his original enlistment or any extension thereof under this Chapter of this Part of this Act, be discharged with all convenient speed.
(2) Where, at the time at which a man of the Reserve of Men would, by virtue of the immediately preceding sub-section, be entitled to be discharged, the Reserve is called out on permanent service under section 221 of the Principal Act, such man, if he is then called out on permanent service, may be detained and his service as a man of the Reserve of Men prolonged for such period not exceeding twelve months as the prescribed military authority may order, and at the expiration of such period or such earlier time as the prescribed military authority may decide such soldier shall be discharged with all convenient speed.
(3) Where a man of the Reserve of Men 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 in which 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 his residence and to which he can be conveyed without greater cost.
General provisions in relation to discharge.
num: 35
paragraphs: —Where a soldier of the Forces or a man of the Reserve of Men is required by this Chapter of this Part of this Act to be discharged the prescribed military authority shall direct the discharge of such soldier or man.
num: 36
paragraphs: —(1) A soldier of the Forces or a man of the Reserve of Men shall not be discharged except in pursuance of—
(a) a direction of the Government, acting through the Minister given under section 12 of the Defence Forces Act, 1937 (No. 41 of 1937), or
(b) a direction of the prescribed military authority given under the immediately preceding section, or
(c) a sentence imposed by a court-martial.
(2) The Minister may make regulations as to the manner in which and the persons by whom the discharge of soldiers of the Forces or men of the Reserve of Men, who are directed to be discharged by the Government, acting through the Minister, under section 12 of the Defence Forces Act, 1937 , or by the prescribed military authority under the immediately preceding section, or who are sentenced to be discharged by a court-martial, is to be carried out and, until the discharge of a person who is a soldier of the Forces or a man of the Reserve of Men is carried out in accordance with such regulations, such person shall remain subject to the Acts and this Act as a soldier of the Forces or a man of the Reserve of Men (as the case may be).
num: 37
paragraphs: —Whenever a soldier of the Forces or a man of the Reserve of Men is discharged under section 12 of the Defence Forces Act, 1937 (No. 41 of 1937), or this Chapter of this Part of this Act, there shall be given to him or, in case he is a man of the Reserve of Men, either given to him or sent to him at his last registered place of abode, a certificate of discharge in such form and containing such particulars in relation to him as the Minister may direct.
Miscellaneous Provisions.
num: 38
paragraphs: —(1) If a person knowingly makes a false answer to any question contained in his attestation paper which is put to him by or by the direction of the person before whom he appears for the purposes of being attested in accordance with recruiting regulations, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding three months.
(2) If a person guilty of an offence under this section has been attested as a soldier of the Forces or as a man of the Reserve, he shall be liable at the discretion of the prescribed military authority, to be proceeded against before a court of summary jurisdiction or to be tried by court-martial for the offence.
num: 39
paragraphs: —The reference in section 162 of the Principal Act to the Forces shall be construed as including references to the Reserve of Men.
num: 40
paragraphs: —The expression “the prescribed military authority” where it occurs in any section contained in this Chapter of this Part of this Act means such authority as may for the purpose of such section be prescribed by regulations (which the Minister is hereby authorised to make) made by the Minister,
num: 41
paragraphs: —(1) Every member of the Defence Forces shall be liable to be employed on military service anywhere within the area of application of the Acts of the Oireachtas.
(2) Every member of the Defence Forces serving as a member of a ship's crew on board a State ship shall be liable to be employed on military service both within and without the territorial waters of the State.
num: 42
paragraphs: —(1) A directly enlisted reservist shall be liable to be employed for service with, or attached to, any unit of the Forces or the Reserve.
(2) The following provisions of the Principal Act shall not apply in respect of directly enlisted reservists, that is to say, sub-section (4) of section 221 , and section 223 .
(3) In this section the expression “directly enlisted reservist” means a person directly enlisted as a man of the Reserve of Men under Chapter II of this Part of this Act.
num: 43
paragraphs: — Section 208 (which relates to persons subject to military law as officers) of the Principal Act shall be construed and have effect as if there were inserted at the end thereof the following paragraph, that is to say:—
“(3) Subject to any general or special exemption made by the Minister (the proof of which shall lie on the person claiming exemption) every person not otherwise subject to military law who, under general or special orders of the Minister, accompanies, in an official capacity equivalent to that of officer, any troops on active service in any place.”
num: 44
paragraphs: — Section 209 (which relates to persons subject to military law as soldiers) of the Principal Act shall be construed and have effect as if there were inserted at the end thereof the following paragraph, that is to say:—
“(3) Subject to any general or special exemption made by the Minister (the proof of which shall lie on the person claiming exemption), all persons not otherwise subject to military law who are employed by, or are in the service of, or who accompany the Forces or the Reserve or any portion thereof when employed on active service.”
num: 45
paragraphs: —(1) Every person subject to military law who commits any offence mentioned in the third column of the Sixth Schedule to this Act shall on conviction by court-martial be liable to suffer the punishment set out in the fourth column of the said Schedule opposite the mention of such offence or such less punishment as is mentioned in section 70 of the Principal Act.
num: 46
paragraphs: —The offences mentioned in the third column of the Sixth Schedule to this Act opposite reference numbers 6, 7, 8, 12, 13, and 16 shall, for the purposes of sections 81 , 82 , 85 , 86 and 86A of the Principal Act, be deemed to be included amongst the offences mentioned in section 80 of the Principal Act, and the said sections 81 , 82 , 85 , 86 and 86A shall have effect accordingly.
num: 47
paragraphs: —The reference in section 82 (which relates to punishments which may be summarily awarded to a private soldier by a commanding officer) of the Principal Act (which said section was inserted in the Principal Act by section 22 of the Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924 (No. 38 of 1924),) to confinement to barracks shall, in relation to a private soldier or a seaman employed on a State ship, be construed as including a reference to stoppage of shore leave.
num: 48
paragraphs: —The reference in section 86A (which relates to summary disposition of a charge against a private soldier by a subordinate officer) of the Principal Act (which said section was inserted in the Principal Act by section 27 of the Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924 (No. 38 of 1924),) to confinement to barracks shall, in relation to a private soldier or a seaman employed on a State ship, be construed as including a reference to stoppage of shore leave.
num: 49
paragraphs: —(1) A charge against a person subject to military law as an officer shall in the first instance be investigated by his commanding officer or, if the Adjutant-General so directs, by such other officer as the Adjutant-General may appoint for the purpose.
(2) The officer investigating a charge under the immediately preceding sub-section shall—
(a) in case the officer charged holds the rank of Commandant or any higher rank, do one of the following things, that is to say:—
(i) dismiss the charge,
(ii) take steps to bring the officer charged to trial by court-martial;
(b) in any other case, do one of the following things, that is to say:—
(i) dismiss the charge,
(ii) take steps to bring the officer charged to trial by an authorised officer,
(iii) take steps to bring the officer charged to trial by court-martial.
(3) Where an officer charged is brought to trial before an authorised officer, such authorised officer shall, subject to the provisions of the next following sub-section, do one of the following things, that is to say:—
(a) dismiss the charge;
(b) award one of the following punishments, namely:—
(i) a fine not exceeding five pounds,
(ii) a severe reprimand,
(iii) a reprimand;
(c) remand the officer charged for trial by court-martial.
(4) Where an authorised officer has power to deal summarily with a case under this section, the evidence against the accused shall, if he so demands, be taken on oath, and in such cases there shall be administered to each witness the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for that purpose an authorised officer may administer oaths and solemn declarations.
(5) Where an authorised officer remands an officer for trial by court-martial, the officer who investigated the charge in the first instance shall take steps for bringing to trial by court-martial the officer so remanded.
(6) The Minister may make regulations specifying the officers who are to be authorised officers for the purposes of this section, and every officer so specified shall be an authorised officer for the said purposes.
num: 50
paragraphs: —(1) Section 29 of the Principal Act is hereby amended by the addition thereto of the following paragraph, that is to say:—
“(e) construct, acquire, equip, maintain and commission public armed vessels and auxiliaries thereto for the defence of the State and the territorial waters thereof.”
(2) This section shall be deemed to have come into force on the 3rd day of September, 1939, and shall have and be deemed to have had effect as on and from that day.
num: 51
paragraphs: — Section 31 (which relates to the making of regulations) of the Principal Act shall be construed and have effect as if there were inserted therein after paragraph (i) the following paragraph, that is to say:—
“(ii) the colours, flags or pendants proper or to be appropriated to the use of public armed vessels and auxiliaries thereto.”
num: 52
paragraphs: —Sub-section (3) of section 120 (which relates to confession by soldier of desertion or fraudulent enlistment) of the Principal Act shall be construed and have effect as if the word “general” were deleted therefrom.
num: 53
paragraphs: — Section 123 (which relates to mode of complaint by soldier) of the Principal Act shall be construed and have effect as if the word “general” were deleted therefrom.
num: 54
paragraphs: —(1) Where an officer or a soldier or a member of the GÃ¡rda SÃ­ochÃ¡na has reasonable grounds for suspecting that any person is a deserter or absentee without leave from the Defence Forces, he may, without warrant, arrest such person and bring him to a GÃ¡rda SÃ­ochÃ¡na station.
(2) Where—
(a) a person is brought to a GÃ¡rda SÃ­ochÃ¡na station under sub-section (1) of this section, or
(b) a person surrenders himself to a member of the GÃ¡rda SÃ­ochÃ¡na at a GÃ¡rda SÃ­ochÃ¡na station and alleges that he is a deserter or absentee without leave from the Defence Forces,
such person shall be detained at such station and thereupon a Justice of the District Court or a Peace Commissioner shall, as soon as may be, inquire into the case and if it appears to him that such person is a deserter or absentee without leave from the Defence Forces, he shall cause such person to be delivered into military custody, but otherwise shall direct the release of such person.
num: 55
paragraphs: —The following provisions shall have effect with respect to evidence in proceedings under the Acts and this Act, whether before a civil court or a court-martial, that is to say:—
(a) any agreement, attestation or other form or document purporting to be signed by any person upon his being attested as a soldier in any portion of the Defence Forces shall be evidence of the fact that such person gave, in answer to the questions set forth in such form or document, the answers he is therein represented as having given;
(b) the enlistment of any person in the Forces or the Reserve of Men may be proved by the production, by a witness on oath, of a copy of such person's attestation, or agreement form, purporting to be certified to be a true copy by the officer having the custody of such original attestation or agreement form, without proof of the handwriting of such officer or of his having custody of such original form;
(c) a letter, return, or other document, respecting the service of any person in, or the discharge of any person from, any portion of the Defence Forces, if purporting to be signed by or on behalf of the Minister, or the commanding officer of any portion of the Defence Forces to which such person appears to have belonged or alleges that he belongs or had belonged, shall be evidence of the relevant facts stated in such letter, return, or other document;
(d) a Defence Force List or Defence Force Gazette printed under the superintendence or authority of and published by the Stationery Office shall be evidence of the status and rank of the officers therein mentioned and of any appointment held by such officers and of the Corps or battalion or the Corps or Service to which such officers belong;
(e) when a record is made in one of the regimental books in pursuance of the Acts or any regulations made thereunder or otherwise in pursuance of military duty, and purports to be signed by the commanding officer, or by the officer whose duty it is to make such record, the following provisions shall have effect, that is to say:—
(i) such record shall be evidence of the facts therein stated, and
(ii) a copy of a record in any regimental book purporting to be certified to be a true copy by the officer having the custody of such book shall be evidence of such record;
(f) any warrant or order made under the Acts by a military authority shall be deemed to be evidence of the matters therein directed to be stated by or in pursuance of the Acts, and any copy of such warrant or order purporting to be certified to be a true copy by the officer therein alleged to be authorised by the Minister to certify the same shall be admissible in evidence;
(g) where the proceedings are proceedings against an officer or soldier (in this paragraph referred to as the accused) on a charge of being a deserter or absentee without leave, and the accused has been arrested by a member of the GÃ¡rda SÃ­ochÃ¡na or any officer or soldier or has surrendered himself into the custody of an officer or any portion of the Defence Forces, a certificate purporting to have been signed by the member of the GÃ¡rda SÃ­ochÃ¡na officer or soldier by whom the arrest was made or by the officer to whom the surrender was made or by the commanding officer of the portion of the Defence Forces to whom the surrender was made, and stating the fact, date, time and place of such arrest or surrender, and whether the accused so surrendering was dressed in uniform or not, at the time of arrest or surrender, shall be evidence of the matters so stated;
(h) where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has surrendered to any member of the GÃ¡rda SÃ­ochÃ¡na a certificate purporting to be signed by such member or the person in charge of a GÃ¡rda SÃ­ochÃ¡na station when such officer or soldier has been delivered into military custody by such person and stating the fact, date, time and place of such surrender, and whether the officer or soldier so surrendering was dressed in uniform or not at the time of surrender shall be evidence of the matters so stated;
(i) when the proceedings are proceedings against an officer or soldier (in this paragraph referred to as the accused) on a charge of being a deserter or absentee without leave, and either the accused has been arrested by a member of the GÃ¡rda SÃ­ochÃ¡na or an officer or soldier and brought to a GÃ¡rda SÃ­ochÃ¡na station or has surrendered to a member of the GÃ¡rda SÃ­ochÃ¡na at a GÃ¡rda SÃ­ochÃ¡na station, a certificate purporting to be signed by the member of the GÃ¡rda SÃ­ochÃ¡na in charge of such station at the time when the accused is delivered into military custody stating the fact, date, time, and place of arrest or surrender, and whether the accused was dressed in uniform or not at the time of arrest or surrender shall be evidence of the facts so stated.
num: 56
paragraphs: —The following provisions of the Road Traffic Act, 1933 (No. 11 of 1933), shall not apply, during a period of emergency, in respect of any officer or soldier while on duty, that is to say, sections 22 and 49, sub-section (2) of section 149, sub-section (5) of section 159, and sections 164 and 166.
num: 57
paragraphs: —(1) Where—
(a) either—
(i) a person who is a reservist has been before, or is after the passing of this Act, called out on permanent service, or
(ii) a person enlists in the Forces, and
(b) such person (in this sub-section referred to as the former employee) was, at the time he was so called out on permanent service or enlisted (as the case may be), employed by another person (in this sub-section referred to as the former employer) who is neither a Minister of State nor a statutory body responsible to a Minister of State,
the following provisions shall have effect, that is to say:—
(c) it shall be the duty of the former employer to reinstate the former employee at the termination of his military service in an occupation and under conditions not less favourable to him than those which would have been applicable if he had not been so called out on permanent service or enlisted;
(d) if the former employer fails to so reinstate the former employee, the former employer shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds;
(e) if the former employer is found guilty of such offence, the court by which he is so found guilty may also order him to pay to the former employee such amount (not exceeding six times the sum which would, if he had not so been called out on permanent service or had not so enlisted (as the case may be) and had been in the employment of the former employer at the termination of his military service, have been the monthly remuneration payable to him by the former employer at the time of such termination) as the court thinks fit;
(f) if the former employer is charged with an offence under this sub-section in relation to the former employee, it shall be a good defence to such charge if the former employer proves—
(i) that the former employee did not before the expiration of one month after the termination of his military service, apply to the former employer for reinstatement, or
(ii) that having been offered reinstatement by the former employer, the former employee failed, without reasonable excuse to present himself for employment at the time and place notified by the former employer, or
(iii) that by reason of a change of circumstances (other than the engagement of some other person to replace the former employee)—
(I) it was not reasonably practicable to reinstate the former employee, or
(II) the reinstatement of the former employee in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been so called out on permanent service or enlisted was impracticable and the former employer has offered to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable.
(2) For the purpose of securing the fair adjustment of contracts of service or apprenticeship in force between employers and employees when the employees are called out on permanent service or enlisted, the Minister for Industry and Commerce may make regulations relieving the parties to such contracts of all or any of their obligations thereunder in respect of the period of military service of such employees, and may also make regulations modifying such contracts by extending the period of service or apprenticeship thereunder by a period not exceeding the said period of military service, and adapting the terms of the contracts in relation to any such extension.
(3) In the relation to any person (in this sub-section referred to as the former employee) who being a reservist has been called out on permanent service or, not being a reservist, has enlisted in the Forces, references in this section to the person by whom the former employee was employed at the time he was so called out on permanent service or enlisted shall, as respect any thing to be done, after the expiration of his military service, be construed as including references to any person for the time being carrying on the undertaking or service in which the former employee was employed when he was so called out on permanent service or enlisted or carrying on any undertaking or service in which it has been amalgamated or in which it was comprised on the date on which the former employee was so called out or enlisted.
(4) If the Minister for Industry and Commerce is satisfied that it is necessary to restrain employers from terminating the employment of their employees by reason of any duties or liabilities which they are or may become liable to perform or discharge as members of the Defence Forces by virtue of the provisions of the Acts or this Act, or to make provision for the prevention of evasion of the provisions of this section, he may make regulations for those purposes, and such regulations may make provision for the punishment of breaches of the regulations and may in particular apply with respect to persons found guilty of such breaches of any of the provisions of sub-section (1) of this section relating to persons found guilty of offences under the said sub-section, with or without modifications.
(5) Every regulation made 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 such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.
(6) Where—
(a) either—
(i) a person who is a reservist has been before, or is after the passing of this Act, called out on permanent service, or
(ii) a person enlists in the Forces, and
(b) such person (in this sub-section referred to as the former employee) was at the time he was so called out on permanent service or enlisted (as the case may be) employed by a person (in this sub-section referred to as the authority) who is either a Minister of State or a statutory body responsible to a Minister of State,
the following provisions shall have effect, that is to say:—
(c) the authority shall reinstate the former employee at the termination of his military service in an occupation and under conditions not less favourable to him than those which would have been applicable if he had not been so called out on permanent service or enlisted;
(d) paragraph (c) of this sub-section shall not apply in respect of the former employee—
(i) if the former employee does not, before the expiration of one month after the termination of his military service, apply to the authority for reinstatement, or
(ii) if, having been offered reinstatement by the authority, the former employee fails, without reasonable cause, to present himself for employment at the time and place notified by the authority, or
(iii) if, by reason of a change of circumstances (other than the engagement of some other person to replace the former employee)—
(I) it is not reasonably practicable to reinstate the former employee, or
(II) the reinstatement of the former employee in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been so called out on permanent service or enlisted is impracticable, and the authority offers to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable, or
(iv) if the former employee did not, in case he was employed by the authority at the time he enlisted in the Forces or the Reserve, obtain the consent of the authority or some person acting on behalf of the authority to his enlisting in the Forces or the Reserve.
(7) In this section—
the word “reservist” means a man of the Reserve;
the expression “called out on permanent service” means, in relation to a reservist, called out on permanent service in pursuance of section 221 of the Principal Act;
the expression “enlists in the Forces” means enlists in the Forces for the period of an emergency under Chapter II of Part IV of this Act, and cognate words shall be construed accordingly;
the expression “termination of his military service” means-—
(a) in relation to a reservist, the date on which he is released from military service next subsequent to his being called out on permanent service,
(b) in relation to a person who enlisted in the Forces, the date of his discharge from the Forces;
the expression “period of military service” means—
(a) in relation to a reservist, the period commencing on the date on which he is called out on permanent service and ending on the date of the termination of his military service next following such calling out,
(b) in relation to a person who enlisted in the Forces, the period commencing on the date on which he so enlisted and ending on the date of the termination of his military service next following such enlistment.
num: 58
paragraphs: —(1) It shall not be lawful for any person—
(a) to induce, procure, or persuade any person in the area of application of the Acts of the Oireachtas to accept or agree to accept any commission or engagement in any military, naval or air service maintained by the Government of any other State; or
(b) to print within the area of application of the Acts of the Oireachtas or cause or procure to be printed within that area any notice or advertisement in relation to the procurement of personnel for any military, naval or air service maintained by the Government of any other State; or
(c) to publish or cause or procure to be published within the said area any such notice or advertisement as is mentioned in paragraph (b) of this sub-section which is printed within the said area.
(2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or at the discretion of the Court to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(3) In this section—
the expression “the Government” in relation to any other State includes any person exercising or assuming to exercise powers of Government in or over such State or any part thereof;
the expression “military, naval or air service” does not include a voluntary aid society duly authorised for the purposes of Article 10 of the International Convention for the amelioration of the condition of the wounded and sick in armies in the field signed at Geneva on the 27th day of July, 1929.