First Previous (Chapter II. Billeting during a period of emergency.) Next (PART IV. Provisions in Relation to Officers and Soldiers, Enlistment of Soldiers, and Military Service.)

11 1940

DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940

PART III.

Provisions in Relation to Command, Constitution and Organisation of the Defence Forces.

Military command.

13. —(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.

Division of the Reserve into classes.

14. —(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).

The Reserve of officers.

15. —(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.

The Reserve of Men.

16. —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.

Commissioned ranks in the Defence Forces.

17. —(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 Saorstát Éireann 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

Geinearál or (in, English) General.

2

Lefteanant-Gheinearál or (in English) Lieutenant-General.

3

Maor-Gheinearál or (in English) Major-General.

Fo-Aimiréal or (in English) Commodore.

4

Coronal or (in English) Colonel.

Captaen or (in English) Captain.

5

Maor or (in English) Major

Ceannasaí 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.

Non-commissioned ranks and ratings in the Defence Forces.

18. —(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-Sháirsint or (in English) Sergeant-Major.

Oifigeach Barántais or (in English) Warrant Officer.

2

Ceathrú - Sháirsint Catha or (in English) Battalion Quartermaster-Sergeant.

3

Sáirsint Complachta or (in English) Company-Sergeant.

Ard - Mhion - Oifig-each or (in English) Chief Petty Officer.

4

Ceathrú-Sháirsint Complachta or (in English) Company Quartermaster -Sergeant.

5

Sáirsint or (in English) Sergeant.

Mion-Oifigeach or (in English) Petty Officer.

6

Ceannaire or (in English) Corporal.

Máirnéalach Ceannais or (in English) Leading Seaman.

7

Saighdiúir Singil or (in English) Private

Máirnéalach or (in English) Seaman.