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18 1954

DEFENCE ACT, 1954

Chapter III.

Service of Members of the Defence Forces.

Service of members of the Permanent Defence Force.

Service of members of the Permanent Defence Force.

85. —Every officer and man of the Permanent Defence Force shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

Service of officers of the Reserve Defence Force.

Service of officers of the Reserve Defence Force.

86. —(1) Every officer of the Reserve Defence Force shall be liable for such military service or duty, within the State, as may be prescribed and, if he is employed on a State ship or service aircraft, be liable while so employed to render such military service or duty, outside the territorial seas of the State, as may be prescribed.

(2) Every officer of the Reserve Defence Force shall serve under such conditions as may be prescribed.

Service of reservists.

Calling out of reservists on permanent service.

87. —(1) (a) The Government may, at any time during a period of emergency, by proclamation—

(i) declare that it is expedient that reservists be called out on permanent service, and

(ii) authorise the Minister to give from time to time such directions as he thinks necessary with regard to the calling out on permanent service of all or any reservists.

(b) The Government may by proclamation revoke any proclamation made under paragraph (a) of this subsection.

(c) If, at the time a proclamation is made under paragraph (a) of this subsection, either House of the Oireachtas stands adjourned, that House shall be summoned to meet as soon as conveniently may be.

(d) Every proclamation under this subsection 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.

(2) Where—

(a) the Minister, in pursuance of a proclamation made under paragraph (a) of subsection (1) of this section, gives directions with regard to the calling out on permanent service of any reservists, and

(b) either or both of the following things are done—

(i) a notice (in this subsection referred to as a special notice) is served on each reservist to whom the directions relate requiring him to attend at the time specified in such special notice at his mobilisation centre, or

(ii) a notice (in this subsection referred to as a general notice) is published, in the prescribed manner, requiring every reservist to whom the directions relate to attend at the time indicated in respect of him in such general notice at his mobilisation centre,

the following provisions shall have effect—

(I) such reservist shall, for the purposes of this Act, stand called out on permanent service as from, in case a special notice is served on him, the time at which he is required by such special notice to attend at his mobilisation centre or, in case a general notice is published in the prescribed manner, the time specified in respect of him in such general notice as the time at which he is to attend at his mobilisation centre;

(II) such reservist shall, unless sooner released by the prescribed military authority, remain called out on permanent service so long as the said proclamation remains in force.

(3) In this section, the expression “mobilisation centre” means, in relation to a reservist, the place which has in accordance with regulations made by the Minister under this Act been designated as his mobilisation centre.

Calling out of certain reservists on permanent service otherwise than under section 87.

88. —(1) This section applies to a reservist—

(a) who has entered into an agreement in writing to be liable to be called out on permanent service under this section, and

(b) who has not revoked such agreement (which revocation may be effected by his giving three months' notice in writing to a prescribed officer).

(2) Whenever operations for the defence of the State are in preparation or in progress, the Government may authorise the Minister to give such directions as he thinks necessary with regard to the calling out on permanent service of reservists to whom this section applies.

(3) Where—

(a) the Minister in pursuance of an authorisation under subsection (2) of this section gives directions with regard to the calling out on permanent service of any reservists, and

(b) a notice is served on any reservist to whom the directions relate requiring him to attend at a specified time and place,

the following provisions shall have effect—

(i) that reservist shall, for the purposes of this Act, stand called out on permanent service as from the time at which he is required by the notice to attend,

(ii) that reservist shall cease to be called out on permanent service on the expiration of the period of three months after being so called out unless—

(I) a proclamation authorising the calling out of reservists on permanent service has been made and is then in force, or

(II) he is sooner released by the prescribed military authority,

(iii) if a proclamation authorising the calling out of reservists on permanent service is in force on the expiration of that period, then, unless he has been sooner released by the prescribed military authority—

(I) he shall continue to stand called out on permanent service,

(II) section 87 shall apply in respect of him as if he had been called out on permanent service under that section.

Service of reservist called out on permanent service.

89. —Every reservist who is called out on permanent service shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

Calling out of reservists in aid of the civil power.

90. —(1) The Minister may, at anytime when occasion appears to require, direct that all or so many reservists as he thinks necessary be called out in aid of the civil power in the maintenance or restoration of the public peace.

(2) Whenever a direction is given by the Minister under this section, a notice shall be served on every reservist to whom the direction relates requiring him to attend at a time and place specified in such notice, and such reservist shall after that time, for the purposes of this Act, stand called out in aid of the civil power and remain called out in aid of the civil power until the prescribed military authority directs his release.

Service of reservists called out in aid of the civil power.

91. —Every reservist who is called out in aid of the civil power shall be liable to render military service at any place within the State.

Annual training of reservists.

92. —(1) All or any reservists shall be liable to undergo training, within the State or on board State ships outside the territorial seas of the State, at such times and for such periods (not exceeding in any one year thirty days) as may be prescribed, and for that purpose may be called out from time to time as often as may be necessary and may be required to attend at such places as the Minister may direct.

(2) Where a reservist is in pursuance of this section called out for training, notice of such calling out and of the time and place at which he is to attend shall be served on him.

Voluntary training of reservists.

93. —The Minister may by regulations provide for the voluntary attendance of any reservist for such training as may be prescribed by the regulations.

Attendance of reservists for inspection.

94. —(1) The Minister may make regulations in relation to the periodical attendance for periods (none of which shall exceed seventy-two hours) at specified places of reservists for inspection and such other purposes as may be specified in the regulations.

(2) Whenever a reservist is required to attend in pursuance of regulations made under this section, notice of such requirement and of the time and place at which he is to attend shall be served on him.

Attachment of reservists called out on permanent service, etc.

95. —(1) Where a reservist is called out on permanent service or in aid of the civil power or for training under section 92, he may, during the period of such calling out, be employed for service with, or be attached to, any staff, unit or other element of the Defence Forces.

(2) While a reservist is voluntarily attending for training in pursuance of regulations made under section 93 or a reservist is attending any place in pursuance of regulations made under section 94, he may be attached to any staff, unit or other element of the Defence Forces.

Service of notices on reservists.

96. —Where a notice is permitted or required by this Chapter to be served on a reservist, it may be served on him—

(a) by delivering it to him, or

(b) by leaving it at his last registered place of abode, or

(c) by sending it by post in an envelope addressed to him at his last registered place of abode.