Number 18/1954: DEFENCE ACT, 1954

Next (PART I. Preliminary and General.)

18 1954

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Number 18 of 1954.

[GA]

DEFENCE ACT, 1954.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General

PART II.

The Council of Defence, the Chief of Staff, the Adjutant-General, the Quartermaster-General, Military Branches of the Department of Defence, the Inspector-General and the Judge Advocate-General.

11.	The Council of Defence.
12.	The Chief of Staff, the Adjutant-General and the Quartermaster-General.
13.	Military branches of the Department of Defence.
14.	The Inspector-General.
15.	The Judge Advocate-General.

PART III.

Raising, Maintenance, Command, Constitution and Organisation of the Defence Forces, Military Education and Miscellaneous Matters Relating to the Defence Forces.

Chapter I.

Raising, Maintenance and Command of the Defence Forces.

16.	Authority to raise and maintain the Defence Forces.
17.	Military command.

Chapter II.

Constitution of the Defence Forces and General Organisation thereof.

18.	Constitution of the Defence Forces.
19.	Constitution of the Permanent Defence Force.
20.	Constitution of the Reserve Defence Force.
21.	Classes of the Reserve Defence Force.
22.	Organisation of the Defence Forces.
23.	Service corps.
24.	Commissioned ranks in the Defence Forces.
25.	Non-commissioned ranks in the Defence Forces.
26.	General regulations in relation to the Defence Forces.

Chapter III.

Military Education.

27.	Establishment of educational institutions.
28.	Other educational arrangements.
29.	Cadetships.

Chapter IV.

Miscellaneous Provisions in relation to the Defence Forces.

PART IV.

Personnel of the Defence Forces.

Chapter I.

Officers.

Chapter II.

Men.

Division I.

Enlistment and Discharge, Etc., of Men.

Original enlistment.

53.	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.
54.	Enlistment in the Permanent Defence Force for service during a period of emergency.
55.	Direct enlistment in the Reserve Defence Force for service during a fixed period.

Proceedings for enlistment.

56.	Recruiting regulations.
57.	Mode of enlisting recruits.
58.	Oath on enlistment.
59.	Effect of signing declaration required by attestation paper and complying with section 58.

Appointment to service corps.

60.	Enlistment for general service and appointment to service corps.
61.	Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.

Assignment of reservists to classes of reservists.

62.	Assignment of reservists to a particular class of reservists.

Variation of engagement, re-engagement and continuance in service.

63.	Change of conditions of service of men enlisted under section 53.
64.	Re-engagement of men of the Permanent Defence Force enlisted under section 53.
65.	Continuance in service after 21 years' service of men of the Permanent Defence Force.
66.	Extension of term of original enlistment of reservists enlisted under section 55.
67.	Re-engagement of reservists.
68.	Continuance in service after 21 years' service of reservists.

Transfer to Reserve Defence Force and discharge.

69.	Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.
70.	Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.
71.	Discharge of men of the Permanent Defence Force enlisted under section 54.
72.	Discharge of reservists.

Discharge otherwise than on completion of service.

73.	Discharge of men by direction of Minister or authorised officer.
74.	Discharge of reservists becoming members of either House of the Oireachtas.
75.	Discharge by purchase.
76.	Discharge of persons under eighteen.
77.	Discharge of apprentices.

Status of unenlisted person in receipt of pay as a man and of persons informally enlisted.

78.	Status of unenlisted person in receipt of pay as a man.
79.	Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.

General provisions as to discharge.

80.	Order for discharge of men.
81.	Provisions in relation to discharge.
82.	Certificate on discharge.
83.	Collection and disposal of moneys paid in respect of discharge of men.

Division II.

Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.

84.	Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.

Chapter III.

Service of Members of the Defence Forces.

Service of members of the Permanent Defence Force.

85.	Service of members of the Permanent Defence Force.

Service of officers of the Reserve Defence Force.

86.	Service of officers of the Reserve Defence Force.

Service of reservists.

Chapter IV.

Pay and Allowances of Members of the Defence Forces.

97.	Regulations as to pay, allowances and gratuities of members of the Defence Forces.
98.	Deductions from pay of man in respect of certain court orders.
99.	Deductions from pay of man in respect of maintenance of wife and children.
100.	Restrictions on deductions from pay, etc.
101.	Withholding of pay in certain cases.
102.	Prohibition of assignment of pay, etc.

Chapter V.

Disqualifications, Exemptions and Privileges of Members of the Defence Forces.

103.	Prohibition of membership of political and secret societies.
104.	Disqualification for membership of a local authority.
105.	Exemption from jury service.
106.	Arms, etc., of members of the Defence Forces to be exempt from seizure.
107.	Exemption of men from civil process.
108.	Exemption from prosecution, etc., under section 83 of the Public Assistance Act, 1939.
109.	Obstruction, etc., of member of Garda Síochána.
110.	Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.
111.	Protection of persons acting under this Act.
112.	Exemption from duties and tolls.
113.	Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.

Chapter VI.

Miscellaneous Provisions.

114.	Redress of wrongs.
115.	Collection and distribution of certain property of deceased members of the Defence Forces.
116.	Disposal of personal belongings of deserter, absentee or person of unsound mind.
117.	Regulations for purposes of Part IV.

PART V.

Discipline.

CHAPTER I.

Liability to Military Law.

118.	Persons subject to military law as officers.
119.	Persons subject to military law as men.
120.	Liability to military law in respect of status.
121.	Modification of Part V in its application to civilians subject to military law.
122.	Place of trial for offences against military law.
123.	Time limit for trial of offences.

CHAPTER II.

Offences against Military Law.

124.	Capital offences by commanders when in action.
125.	Capital offences by any person in relation to the enemy.
126.	Offences punishable more severely on active service than at other times.
127.	Offences related to prisoners of war.
128.	Mutiny with violence.
129.	Mutiny without violence.
130.	Offences related to mutiny.
131.	Disobedience to superior officer.
132.	Striking or offering violence to a superior officer.
133.	Insubordinate behaviour.
134.	Disorders.
135.	Desertion.
136.	Connivance at desertion.
137.	Absence without leave.
138.	False statement in respect of leave.
139.	Scandalous conduct of an officer.
140.	Ill-treatment of inferiors.
141.	False accusations against officer or man.
142.	Drunkenness.
143.	Malingering or maiming.
144.	Dilatory conduct in regard to trials.
145.	Negligent or wilful interference with lawful custody.
146.	Escape from custody.
147.	Obstruction of officer or man carrying out police duties.
148.	Obstruction of civil power.
149.	Losing, stranding or hazarding State ships.
150.	Unauthorised carriage on ships or aircraft.
151.	Wrongful acts in relation to aircraft.
152.	Inaccurate certificate as regards aircraft.
153.	Low flying.
154.	Disobedience of orders of captain of aircraft.
155.	Fraud by persons in charge of property.
156.	Stealing, embezzlement, etc., of property.
157.	Destruction, loss or improper disposal of property.
158.	Bribery, corruption and fraud.
159.	Negligent or furious driving of service vehicles.
160.	Unauthorised use of service vehicles.
161.	Offences in relation to courts-martial, etc.
162.	False evidence.
163.	Disturbances, etc., in billets.
164.	Fraudulent enlistment.
165.	General offences in relation to enlistment.
166.	Negligent performance of duties.
167.	Offences in relation to documents.
168.	Conduct to the prejudice of good order and discipline.
169.	Offences punishable by ordinary law.

CHAPTER III.

Arrest and Courts of Inquiry on Absent Men.

170.	Provost Marshal.
171.	Arrest.
172.	Placing of person arrested in service custody.
173.	Guard report.
174.	Court of inquiry on absent man.

CHAPTER IV.

Investigation and Summary Disposition of Charges, Remands for Court-martial and Dispensation with Trial by Court-martial.

CHAPTER V.

Courts-martial.

185.	Acquittal or conviction to bar subsequent trial by court-martial.
186.	Classes of courts-martial.
187.	Convening of courts-martial.
188.	Special powers of convening authorities.
189.	Constitution of general courts-martial.
190.	Constitution of limited courts-martial.
191.	Disqualifications for membership of courts-martial and for acting as judge-advocate.
192.	Jurisdiction of courts-martial.
193.	Dissolution of courts-martial.
194.	Admission to courts-martial.
195.	Divers matters of procedure.
196.	Counsel at courts-martial.
197.	Challenges by accused.
198.	Voting at courts-martial on questions other than objections to members of the court.
199.	Swearing of court.
200.	Evidence to be on oath.
201.	Evidence at courts-martial.
202.	Insanity of accused at time of trial.
203.	Insanity of accused at time of commission of offence.
204.	Finding of acquittal.
205.	Conviction for offence other than that charged.
206.	Effective dates of sentences by courts-martial.
207.	Summoning and privilege of witnesses at courts-martial.
208.	Contempt of court-martial.

CHAPTER VI.

Punishments awardable by Courts-martial for Offences against Military Law.

209.	Punishments which may be awarded to officers by courts-martial.
210.	Punishments which may be awarded to men by courts-martial.
211.	One sentence to be awarded in respect of all offences.
212.	Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.
213.	Order by court-martial for payment of compensation.
214.	Restoration of seniority lost and service forfeited by sentence of a court-martial.

CHAPTER VII.

Action on Findings and Sentences of Courts-martial

215.	Findings and sentences not to be valid unless confirmed.
216.	Confirming authorities.
217.	Reference of finding and sentence by confirming authority to superior confirming authority.
218.	Revision by courts-martial of findings and sentences.
219.	Powers of confirming authority as to confirmation.
220.	Additional powers of confirming authority in relation to sentences passed by courts-martial.
221.	Mitigation, remission, etc., of sentences (other than death sentences) after confirmation.
222.	Date of commencement of sentences of penal servitude, imprisonment or detention imposed by way of substitution.
223.	Suspension of sentences of penal servitude, imprisonment or detention passed on men.
224.	Quashing of finding of court-martial.
225.	Restitution of stolen property.
226.	Right to copy of proceedings of court-martial.

CHAPTER VIII.

Execution of Sentences.

227.	Sentence of death.
228.	Execution of sentence of penal servitude.
229.	Execution of sentence of imprisonment or detention.
230.	Suspension of currency of sentence where a person escapes or is released without proper authority.
231.	Duty of governor of prison to receive prisoners.
232.	Establishment of military prisons and detention barracks.
233.	Regulation of military prisons and detention barracks.
234.	Assisting prisoners in military prisons and detention barracks to escape.
235.	Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.
236.	Penalty for carrying letters, etc., into or out of military prisons or detention barracks.
237.	Unsoundness of mind of person imprisoned or undergoing detention.
238.	Inquests on persons under sentence dying in military prisons or detention barracks.
239.	Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.

CHAPTER IX.

Rules of Procedure.

240.	Rules of procedure.

CHAPTER X.

Miscellaneous Offences by Members of the Reserve Defence Force.

241.	Penalty for member of Reserve Defence Force joining armed forces of another State.
242.	Punishment of certain offences by reservists.
243.	Non-attendance of reservist called out for training or on permanent service, etc.
244.	Record and evidence of absence of reservists called out.
245.	Wrongful sale, etc., of equipment by a member of the Reserve Defence Force.
246.	Regulations for purposes of Chapter X of Part V.

CHAPTER XI.

Proof of certain matters of Evidence in Proceedings before Civil Courts and Courts-martial.

247.	Evidence of subjection to military law of officers of the Reserve Defence Force.
248.	Evidence of certain documents and matters.
249.	Evidence of conviction or acquittal by a civil court.
250.	Evidence of proceedings of court-martial.

CHAPTER XII.

Apprehension of Suspected Deserters and Absentees.

251.	Apprehension of suspected deserters and absentees.

PART VI.

Offences in Relation to the Defence Forces and Military Property.

252.	Recruits punishable for false answers.
253.	Punishment for pretending to be a deserter or an absentee.
254.	Incitement to disaffection, etc.
255.	Punishment for inducing, etc., members of the Defence Forces to desert.
256.	Penalty for unlawful recruiting or interfering with recruiting.
257.	Penalty for interference with military duties, etc.
258.	Penalty for personation.
259.	Statutory declaration in relation to pay, etc.
260.	Penalty for purchasing certain military property.
261.	Unlawful possession of certificates of discharge, etc.
262.	Forgery of certificate of discharge and personation.
263.	Application of Pension Books (Prohibition of Alienation) Act, 1932.
264.	Unlawful wearing of uniform.
265.	Bringing contempt on uniform.
266.	Dyeing and conversion of uniforms, etc.
267.	Unauthorised use, etc., of decorations, etc.
268.	Penalty for sketching, etc., fortifications, etc., and trespassing thereon.

PART VII.

Manœuvres and Artillery, Rifle and Bombing Practice.

269.	Power to authorise holding of military manœuvres.
270.	Powers exercisable for purposes of manœuvres.
271.	Compensation for damages caused by military manœuvres.
272.	Offences in relation to manœuvres.
273.	Exemption of members of the Defence Forces engaged in manœuvres from section 164 of the Road Traffic Act, 1933.
274.	Temporary stoppage of traffic during manœuvres or artillery, etc., practice.

PART VIII.

Bye-Laws as to Land Used for Defence Purposes.

275.	Interpretation of Part VIII.
276.	Bye-laws as to use of State land appropriated for defence purposes and for securing the public safety.
277.	Extension of power to make bye-laws in respect of non-State land where Minister has right of user for defence purposes.
278.	Extension of power to make bye-laws in respect of adjoining foreshore, sea and tidal water.
279.	Bye-laws as to roads.
280.	Notice of intention to make bye-laws.
281.	Marking of boundaries of bye-law areas.
282.	Publication of bye-laws.
283.	Penalties for contravention of bye-laws.
284.	Removal and arrest of offenders.
285.	Removal of animals, etc.
286.	Obstruction of and assaults on authorised officers.
287.	Non-application of Part VIII to the Curragh of Kildare.

PART IX.

The Army Nursing Service.

288.	The existing nursing service.
289.	Establishment of the Army Nursing Service.
290.	Application of this Act to the Army Nursing Service.
291.	Existing nursing service to be deemed Army Nursing Service.
292.	Regulations in relation to the Army Nursing Service.

PART X.

Application of this act to Defence Forces Established Under the Defence Forces (Temporary Provisions) Act, 1923.

293.	Interpretation of Part X.
294.	Existing forces to be deemed forces established under this Act.
295.	Existing regular officers and existing reserve officers to be deemed to be commissioned under this Act.
296.	Existing regulars.
297.	Existing reservists.
298.	Continuance of existing orders, etc.
299.	Continuance of existing authorisations and directions.
300.	Offences and convictions under the Act of 1923.
301.	Existing military prisons and detention barracks.

PART XI.

Amendment and Adaptation of Certain Enactments.

302.	Amendment of the Electoral Act, 1923.
303.	Application of the Army Pensions Acts, 1923 to 1949, to Reserve Defence Force.
304.	Amendment of the Ministers and Secretaries Act, 1924.
305.	Amendment of the Military Service Pensions Acts, 1924 to 1949.
306.	Amendment of the Defence Forces (Pensions) Act, 1932.
307.	Amendment of the Workmen's Compensation Act, 1934.
308.	Amendment of section 11 of the Army Pensions Act, 1949.
309.	Adaptation of references to Defence Forces, etc., in certain enactments.
310.	Service as a major to be regarded as service as a lieutenant-colonel.

PART XII.

Miscellaneous Provisions.

311.	Recovery of moneys due or payable to the Minister.
312.	Restrictions on recruiting for other States.
313.	Entertainments under service direction.
314.	Grant of excise licence for military canteens.
315.	Right of Minister to claim salvage in respect of services of State ships.
316.	Salvage claims by commanders and crews of State ships.
317.	Foreign uniforms.
318.	Service of solicitors' apprentices in the existing Defence Forces.

FIRST SCHEDULE.

Enactments Repealed.

SECOND SCHEDULE.

Commissioned Army and Naval Ranks in the Defence Forces.

THIRD SCHEDULE.

Non-Commissioned Army and Naval Ranks in the Defence Forces.

FOURTH SCHEDULE.

Matters in Respect of Which Regulations May Be Made Under Section 26 .

FIFTH SCHEDULE.

Forms of Commission to an Officer.

SIXTH SCHEDULE.

Form Of Oath or Declaration to Be Taken or Made By Officers of the Permanent Defence Force.

SEVENTH SCHEDULE.

Form of Oath or Declaration to Be Taken or Made By Officers of the Reserve Defence Force.

EIGHTH SCHEDULE.

Form of Oath or Declaration to Be Taken or Made By Men Enlisting in the Permanent Defence Force Under Section 53 .

NINTH SCHEDULE.

Form of Oath Or Declaration to Be Taken or Made By Men Enlisting in the Permanent Defence Force Under Section 54 .

TENTH SCHEDULE.

Form of Oath or Declaration to Be Taken or Made By Men Enlisting in the Reserve Defence Force Under Section 55 .

Acts Referred to
Defence Forces (Temporary Provisions) Act, 1923	No. 30 of 1923
Courts of Justice Act, 1924	No. 10 of 1924
State Act, 1939	No. 13 of 1939
Defence Forces (Pensions) Act, 1932	No. 26 of 1932
Tourist Traffic Act, 1939	No. 24 of 1939
Health Act, 1947	No. 28 of 1947
Illegitimate Children (Affiliation Orders) Act, 1930	No. 17 of 1930
Public Assistance Act, 1939	No. 27 of 1939
Mental Treatment Act, 1945	No. 19 of 1945
Enforcement of Courts Orders Act, 1940	No. 23 of 1940
Road Traffic Act, 1933	No. 11 of 1933
Coroners (Amendment) Act, 1927	No. 1 of 1927
Pension Books (Prohibition of Alienation) Act, 1932	No. 1 of 1932
National Monuments Act, 1930	No. 2 of 1930
Local Government Act, 1946	No. 24 of 1946
Defence Forces (Temporary Provisions) Act, 1945	No. 10 of 1945
Defence Forces (Temporary Provisions) Act, 1946	No. 7 of 1946
Defence Forces (Temporary Provisions) Act, 1947	No. 4 of 1947
Defence Forces (Temporary Provisions) Act, 1949	No. 1 of 1949
Defence Forces (Temporary Provisions) (No. 2) Act, 1940	No. 11 of 1940
Defence Forces Act, 1937	No. 41 of 1937
Electoral Act, 1923	No. 12 of 1923
Army Pensions Act, 1927	No. 12 of 1927
Ministers and Secretaries Act, 1924	No. 16 of 1924
Documentary Evidence Act, 1925	No. 24 of 1925
Military Service Pensions Act, 1924	No. 48 of 1924
Military Service Pensions Act, 1934	No. 43 of 1934
Workmen's Compensation Act, 1934	No. 9 of 1934
Army Pensions Act, 1949	No. 19 of 1949
Finance Act, 1924	No. 27 of 1924

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Number 18 of 1954.

DEFENCE ACT, 1954.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE DEFENCE OF THE STATE AND THE DEFENCE FORCES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH OR INCIDENTAL TO THE MATTERS AFORESAID. [13th May, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—