PART IV.

Transitory Provisions.

234. —Until the Forces have been established under Section twenty-two of this Act, the provisions hereinafter mentioned shall have effect.

235. —The armed forces of the State as at present constituted and existing (hereinafter referred to as the National Forces) shall be deemed to be the armed forces to be raised under Article 46 of the Constitution and the maintenance thereof is hereby declared to be legal.

236. —The command-in-chief of and all executive and administrative powers in relation to the National Forces (including the power to delegate authority to such persons as may be thought fit) shall be vested in the Executive Council and exercised through and in the name of the Minister.

237. —The organisation of the National Forces shall be as at present existing. The Minister may however make such changes therein as he may deem necessary.

238. —All orders and regulations now in force in the National Forces shall continue to be in full force and effect.

239. —All soldiers now serving in the National Forces by virtue of any agreement or attestation shall be liable to continue to serve in accordance with the terms of such agreement or attestation.

240. —All officers now serving in the National Forces shall continue to hold their appointments as such during the pleasure of the Executive Council.

241. —The Executive Council acting through the Minister may dismiss or dispense with the services of any officer of the National Forces or discharge any soldier of the National Forces.

242. —The provisions of Part II . save Chapters V . and XII . of this Act shall apply to all members of the National Forces as if for references therein to the Forces were substituted references to the National Forces subject however to the following modifications:—

(1) The expressions contained in Part II . of this Act which are also mentioned in Section two hundred and forty-six of this Act shall have the meanings respectively assigned to them by Section two hundred and forty-six of this Act and not the meanings respectively assigned to them by Section three of this Act.

(2) Such other general or specific modifications or adaptations as the Minister may prescribe.

243. —In the application of Section two of this Act the National Forces shall be deemed to be included in the expression “the armed forces to be raised under this Act.”

244. —For the purposes of Article 71 of the Constitution all members of the National Forces shall be deemed to be on active service.

245. —(1) The Minister may make regulations relating to all matters which are by this Part of this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for securing the good government of the National Forces, or for carrying out and giving effect to the provisions of this Part of this Act.

(2) The Rules Publication Act, 1893, shall not apply to regulations made under this Section.

246. —In this Part of this Act if not inconsistent with the context the following expressions shall have the meanings respectively assigned to them by this Section that is to say:—

(a) The expression “person subject to military law” means any officer, non-commissioned officer or soldier attached to or serving with the National Forces at the date of the passing of this Act and includes all persons under sentence of a Court-Martial.

(b) The expression “officer” means any officer appointed as such and serving with the National Forces at the date of the passing of this Act and includes any officer in pay as an officer of the National Forces.

(c) The expression “soldier” includes a non-commissioned officer or soldier of the National Forces but does not include an officer as above defined.