PART I.

Preliminary and General.

1. —(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.

2. —(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.

3. —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.

4. —(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 Oifigiúil.

5. —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.

6. —(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.

7. —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.

8. —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.