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18 1954

DEFENCE ACT, 1954

PART X.

Application of this Act to Defence Forces established under the Defence Forces (Temporary Provisions) Act, 1923.

Interpretation of Part X.

293. —(1) In this Part—

the expression “the Act of 1945” means the Defence Forces (Temporary Provisions) Act, 1945 (No. 10 of 1945);

the expression “the Act of 1946” means the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946);

the expression “the Act of 1947” means the Defence Forces (Temporary Provisions) Act, 1947 (No. 4 of 1947);

the expression “the Act of 1949” means the Defence Forces (Temporary Provisions) Act, 1949 (No. 1 of 1949);

the word “class”, in relation to the existing Reserve of Men, means the class mentioned in column (2) of the Table to this section at reference number 4, 5 or 6;

the word “class”, in relation to the existing Reserve of Officers, means the class mentioned in column (2) of the Table to this section at reference number 1, 2 or 3;

the expression “existing directly enlisted reservist” means a person who is, immediately before the operative date, a man of the existing Reserve of Men and was enlisted therein under section 25 of the No. 2 Act of 1940;

the expression “the existing nursing service” means the nursing service established under the Act of 1923;

the expression “the existing permanent force” means the force established under Part I of the Act of 1923;

the expression “existing regular” means a person who is, immediately before the operative date, a member (not being an officer within the meaning of the Act of 1923) of the existing permanent force;

the expression “existing regular officer” means a person who is, immediately before the operative date, an officer of the existing permanent force;

the expression “the existing reserve force” means the reserve force established under Part III of the Act of 1923;

the expression “existing reserve officer” means a person who is, immediately before the operative date, an officer of the existing Reserve of Officers;

the expression “the existing Reserve of Men” means that part of the existing reserve force which is known as the Reserve of Men;

the expression “the existing Reserve of Officers” means that part of the existing reserve force which is known as the Reserve of Officers;

the expression “existing reservist” means a person who is—

(a) an existing directly enlisted reservist, or

(b) an existing transferred reservist;

the expression “existing transferred reservist” means a person who is, immediately before the operative date, a man of the existing Reserve of Men, and was transferred thereto under section 157 of the Act of 1923;

references to the existing 1923-Act corps of an existing regular or an existing reservist shall be construed as references to the 1923-Act corps in which he was serving immediately before the operative date;

the expression “the No. 2 Act of 1940” means the Defence Forces (Temporary Provisions) (No. 2) Act, 1940 (No. 11 of 1940);

the expression “the prescribed military authority” has the same meaning as it has in section 61;

the expression “1923-Act corps” means a corps for the purposes of the Act of 1923.

(2) For the purposes of this Part—

(a) the class of the Reserve Defence Force mentioned in column (3) of the Table to this section at a particular reference number (being reference number 1, 2 or 3) shall be deemed to correspond to the class of the existing Reserve of Officers mentioned in column (2) of the said Table at that reference number;

(b) the class of the Reserve Defence Force mentioned in column (3) of the said Table at any reference number (being reference number 4, 5, or 6) shall be deemed to correspond to the class of the existing Reserve of Men mentioned in column (2) of the said Table at that reference number.

TABLE TO SECTION 293.

Ref. No.

Class of the existing Reserve of Officers or the existing Reserve of Men

Corresponding class of the Reserve Defence Force

(1)

(2)

(3)

1

The Reserve of Officers—First Line.

The Reserve of Officers (First Line).

2

The Reserve of Officers (Fórsa Cosanta Aitiúil).

The Reserve of Officers (An Fórsa Cosanta Aitiúil).

3

The Reserve of Officers (An Sluagh Muirí).

The Reserve of Officers (An Slua Muirí).

4

The Reserve of Men—First Line.

The Reserve of Men (First Line).

5

The Reserve of Men (Fórsa Cosanta Aitiúil).

The Reserve of Men (An Fórsa Cosanta Aitiúil).

6

The Reserve of Men (An Sluagh Muirí).

The Reserve of Men (An Slua Muirí).

Existing forces to be deemed forces established under this Act.

294. —(1) The existing permanent force and the existing nursing service shall, on the operative date, become and be the Permanent Defence Force.

(2) The existing reserve force shall, on the operative date, become and be the Reserve Defence Force.

Existing regular officers and existing reserve officers to be deemed to be commissioned under this Act.

295. —(1) (a) Every existing regular officer shall, on the operative date, without any re-appointment or the taking or making of any fresh oath or declaration, become and be an officer of the Permanent Defence Force and shall, subject to this Act, hold in the Permanent Defence Force the rank, appointment and precedence which he held in the existing permanent force immediately before the operative date.

(b) In paragraph (a) of this subsection the word “appointment” does not include any of the following offices (being offices mentioned in section 4 of the Defence Forces Act, 1937 (No. 41 of 1937)), namely, the office of Chief of Staff of the Defence Forces, the office of Adjutant-General of the Defence Forces and the office of Quartermaster-General of the Defence Forces.

(2) Every existing reserve officer shall, on the operative date, without any re-appointment or the taking or making of any fresh oath or declaration, become and be an officer of the Reserve Defence Force and shall, subject to this Act, hold in the Reserve Defence Force the rank, appointment and precedence which he held in the existing Reserve of Officers immediately before the operative date and shall be deemed to have been assigned under section 44 to the class of the Reserve Defence Force which corresponds to the class of the existing Reserve of Officers to which he belongs immediately before the operative date.

Existing regulars.

296. —(1) The following provisions shall, as on and from the operative date, have effect in relation to every existing regular—

(a) he shall become and be a man of the Permanent Defence Force,

(b) he shall, subject to this Act, hold in the Permanent Defence Force,—

(i) if immediately before the operative date he held in the existing permanent force a non-commissioned military rank set out in column (2) of the Table to section 5 of the Act of 1947, the non-commissioned army rank set out in column (2) of the Third Schedule to this Act which is similar in name to such non-commissioned military rank,

(ii) if immediately before the operative date he held in the existing permanent force the non-commissioned naval rank of warrant officer, the non-commissioned naval rank of warrant officer,

(iii) if immediately before the operative date he held in the existing permanent force any grade of naval rating set out in column (4) of the Table to section 5 of the Act of 1947, the non-commissioned naval rank set out in column (3) of the Third Schedule to this Act which is similar in name to such grade of naval rating,

(c) Chapter II of Part IV of this Act shall apply in respect of him as if he had been enlisted under section 53 and for this purpose the following provisions shall have effect—

(i) he shall be deemed to have been enlisted under section 53 as a man of the Permanent Defence Force for service for a period equal to the period which is immediately before the operative date the term of his original enlistment within the meaning of the Act of 1923, and references in the said Chapter II to the term of his original enlistment shall be construed as references to the period for which he is so deemed to have been enlisted under section 53,

(ii) in case his original enlistment under the Act of 1923 was, under subsection (1) of section 145 of the Act of 1923, for the whole of the term of his original enlistment, within the meaning of the Act of 1923, in army service, then, his enlistment under section 53 shall be deemed to be for the whole of the term of his original enlistment, within the meaning of this Act, in the Permanent Defence Force,

(iii) in case his original enlistment under the Act of 1923 was, under subsection (2) of section 145 of the Act of 1923, for portion (in this paragraph referred to as his period of army service in the existing permanent force) of the term of his original enlistment, within the meaning of the Act of 1923, in army service and for the residue of the said term in the existing reserve force, then, his enlistment under section 53 shall be deemed to be for a portion (equal in length to his period of army service in the existing permanent force) of the term of his original enlistment, within the meaning of this Act, in the Permanent Defence Force and for the residue of the said last-mentioned term in the Reserve Defence Force,

(iv) in case his conditions of service were varied under section 146 of the Act of 1923, his conditions of service shall be deemed to have been likewise varied under regulations made under section 63,

(v) the date of his attestation for the purposes of this Act shall be deemed to be,—

(I) in case he did not re-enlist under section 3 or 4 of the Act of 1945, the date of his attestation under the Act of 1923,

(II) in case he re-enlisted under section 3 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 4 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923, and

(III) in case he re-enlisted under section 4 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 4 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923,

(vi) in case he re-engaged for a further period of army service under section 152 of the Act of 1923, he shall be deemed to have re-engaged under section 64 for a further period of service in the Permanent Defence Force as on and from the date on which he so re-engaged under the said section 152,

(vii) in case he was, before the 22nd day of February, 1949, continued in service in the existing permanent force under section 153 of the Act of 1923, he shall be continued in service in the Permanent Defence Force in the same manner as if his term of service were still unexpired, except that he may claim his discharge at the expiration of any period of three months after he has given notice to his commanding officer of his wish to be discharged,

(viii) in case he was, on or after the 22nd day of February, 1949, continued in service in the existing permanent force under section 153 of the Act of 1923, as amended by section 5 of the Act of 1949, he shall be deemed to have been continued in service in the Permanent Defence Force under regulations made under section 65,

(ix) in case he did not re-enlist under section 3 or 4 of the Act of 1945—

(I) his service in the existing permanent force shall, for the purposes of this Act, be treated as service in the Permanent Defence Force, and

(II) his service (if any) in the existing reserve force shall, for the purposes of this Act, be treated as service in the Reserve Defence Force,

(x) in case he re-enlisted under section 3 of the Act of 1945, any period served by him in the existing permanent force on or after the date on which he enlisted under section 24 of the No. 2 Act of 1940 shall, for the purposes of this Act, be treated as a period served by him in the Permanent Defence Force,

(xi) in case he re-enlisted under section 4 of the Act of 1945, the period served by him and mentioned in subparagraph (i) of paragraph (d) of section 4 of the Act of 1945 and any period served by him subsequent to his re-enlistment in the existing permanent force shall, for the purposes of this Act, be treated as periods served by him in the Permanent Defence Force.

(2) (a) Every existing regular shall be deemed to have been appointed under subsection (2) of section 60 to the service corps which corresponds to his existing 1923-Act corps, but section 61 shall not apply in respect of him.

(b) The following provisions shall apply in respect of an existing regular who was enlisted under the Act of 1923 for general service—

(i) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is less than ten years, he may be transferred by order of the prescribed military authority to another service corps,

(ii) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is ten years or more, he may be transferred by order of the prescribed military authority to another service corps, if, but only if—

(I) he consents to such transfer, or

(II) a proclamation authorising the calling out of reservists on permanent service is for the time being in force,

(iii) for the purposes of this paragraph, his service as an existing regular in his existing 1923-Act corps shall be treated as service in the service corps to which he is deemed by virtue of paragraph (a) of this subsection to have been appointed.

(c) Where an existing regular was enlisted under the Act of 1923 for service in a particular 1923-Act corps, he may be transferred by order of the prescribed military authority from the service corps to which he is deemed by virtue of paragraph (a) of this subsection to have been appointed or from any service corps to which he may be transferred under this paragraph to another service corps, if, but only if, he consents to such transfer.

(3) Section 70, in its application to an existing regular, shall have effect—

(a) as if for paragraph (b) of subsection (3) there were substituted the following paragraph—

“(b) Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph (a) of this subsection, be entitled to be transferred to the Reserve Defence Force occurs while a proclamation authorising the calling out of reservists on permanent service is in force, the following provisions shall have effect—

(i) he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding twelve months) as the prescribed military authority may direct,

(ii) on the expiration of such further period—

(I) in case the term of his original enlistment has expired and he has not been re-engaged under section 64, he shall be discharged from the Permanent Defence Force with all convenient speed, and

(II) in any other case, he shall be transferred in the prescribed manner to the Reserve Defence Force.”, and

(b) as if for paragraph (b) of subsection (4) there were substituted the following paragraph—

“(b) Where the time at which a man of the Permanent Defence Force would be virtue of paragraph (a) of this subsection be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force, he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding twelve months) as the prescribed military authority may direct, and at the expiration of such further period shall be discharged from the Permanent Defence Force with all convenient speed.”

Existing reservists.

297. —(1) The following provisions shall, as on and from the operative date, have effect in relation to every existing reservist—

(a) he shall become and be a man of the Reserve Defence Force,

(b) he shall, subject to this Act, hold in the Reserve Defence Force,—

(i) if immediately before the operative date he held in the existing reserve force a non-commissioned military rank set out in column (2) of the Table to section 5 of the Act of 1947, the non-commissioned army rank set out in column (2) of the Third Schedule to this Act which is similar in name to such non-commissioned military rank,

(ii) if immediately before the operative date he held in the existing reserve force the non-commissioned naval rank of warrant officer, the non-commissioned naval rank of warrant officer,

(iii) if immediately before the operative date he held in the existing reserve force any grade of naval rating set out in column (4) of the Table to section 5 of the Act of 1947, the non-commissioned naval rank set out in column (3) of the Third Schedule to this Act which is similar in name to such grade of naval rating,

(c) if he re-engaged for a further period of reserve service under section 12 of the Act of 1946, he shall, for the purposes of Chapter II of Part IV of this Act, be deemed to have re-engaged for service under section 67 as on and from the date on which he re-engaged for service under the said section 12,

(d) he shall belong to the class of the Reserve Defence Force which corresponds to the class of the existing Reserve of Men to which he belongs immediately before the operative date,

(e) if he is an existing transferred reservist, Chapter II of Part IV of this Act shall apply in respect of him as if he had been enlisted under section 53 and for this purpose the following provisions shall have effect—

(i) he shall be deemed to have been enlisted under section 53 as a man of the Permanent Defence Force for service for a period equal to the period which is immediately before the operative date the term of his original enlistment within the meaning of the Act of 1923, and references in the said Chapter II to the term of his original enlistment shall be construed as references to the period for which he is so deemed to have enlisted under section 53,

(ii) his enlistment under section 53 shall be deemed to have been for a portion (equal to the portion of the term of his original enlistment, within the meaning of the Act of 1923, which was, under subsection (2) of section 145 of the Act of 1923, to be in army service) of the term of his original enlistment, within the meaning of this Act, in the Permanent Defence Force and for the residue of the said last-mentioned term in the Reserve Defence Force,

(iii) in case his conditions of service were varied under section 146 of the Act of 1923, his conditions of service shall be deemed to have been likewise varied under section 63,

(iv) the date of his attestation for the purposes of this Act shall be deemed to be—

(I) in case he did not re-enlist under section 3 or 4 of the Act of 1945, the date of his attestation under the Act of 1923,

(II) in case he re-enlisted under section 3 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 3 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923,

(III) in case he re-enlisted under section 4 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 4 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923,

(v) he shall be deemed to have been transferred to the Reserve Defence Force under section 70 as on and from the date on which he was transferred to the existing reserve force under section 157 of the Act of 1923,

(vi) his service in the existing permanent force shall, for the purposes of this Act, be treated as service in the Permanent Defence Force,

(vii) his service in the existing reserve force shall, for the purposes of this Act, be treated as service in the Reserve Defence Force,

(f) if he is an existing directly enlisted reservist, Chapter II of Part IV of this Act shall apply in respect of him as if he had enlisted under section 55 and for this purpose the following provisions shall have effect—

(i) he shall be deemed to have been enlisted under section 55 to serve as a man of the Reserve Defence Force for a period equal to the period which is immediately before the operative date the term of his original enlistment within the meaning of Chapter II of Part IV of the No. 2 Act of 1940, and references in Chapter II of Part IV of this Act to the term of his original enlistment shall be construed as references to the period for which he is so deemed to have been enlisted under section 55,

(ii) in case his term of original enlistment, within the meaning of Chapter II of Part IV of the No. 2 Act of 1940, was extended under section 26 of that Act, such extension shall be deemed to have been effected under section 66,

(iii) the date of his attestation for the purposes of this Act shall be deemed to be the date of his attestation for the purposes of Chapter II of Part IV of the No. 2 Act of 1940,

(iv) his service in the existing reserve force shall, for the purposes of this Act, be treated as service in the Reserve Defence Force,

(g) he shall be deemed to have been appointed under subsection (2) of section 60 to the service corps which corresponds to his existing 1923-Act corps.

(2) Section 72, in its application to an existing reservist, shall have effect as if for paragraph (b) of subsection (2) there were substituted the following paragraph—

“(b) Where the time at which a reservist would by virtue of paragraph (a) of this subsection be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force, he shall continue to serve as a reservist for such further period (not exceeding twelve months) as the prescribed military authority directs and at the expiration of such further period shall be discharged from the Reserve Defence Force with all convenient speed.”

Continuance of existing orders, etc.

298. —(1) In this section, the expression “existing statutory instrument” means any order, regulation, rule or bye-law made under the Act of 1923 which is in force immediately before the operative date and which is capable of being made under this Act.

(2) Every existing statutory instrument shall be deemed to have been made under this Act and may be revoked or amended accordingly and, until so revoked and subject to any such amendment, shall continue in force.

(3) In every existing statutory instrument—

(a) references to the existing permanent force and the existing reserve force shall be construed as references to the Permanent Defence Force and the Reserve Defence Force respectively,

(b) references to a particular class of the existing Reserve of Officers or of the existing Reserve of Men shall be construed as references to the corresponding class of the Reserve Defence Force,

(c) references to an officer of a particular class of the existing Reserve of Officers shall be construed as references to an officer of the corresponding class of the Reserve Defence Force,

(d) references to a member (other than an officer) of a particular class of the existing Reserve of Men shall be construed as references to a member (other than an officer) of the corresponding class of the Reserve Defence Force,

(e) references to the existing nursing service shall be construed as references to the Army Nursing Service.

Continuance of existing authorisations and directions.

299. —Every authority granted and every direction given under the Act of 1923 which has not been withdrawn before the operative date and which is capable of being granted or given under this Act shall, on and after the operative date, continue in force and have effect as if granted or given under this Act.

Offences and convictions under the Act of 1923.

300. —(1) Where before the operative date a court-martial has been convened under the Act of 1923 for the trial of an accused, such trial may be carried on and the accused may be sentenced and punished in the same manner in all respects as if this Act had not come into operation and as if the Act of 1923 were a permanent Act.

(2) Subject to subsection (1) of this section, every offence committed before the operative date against the Act of 1923 may be tried and punished in like manner as if it had been committed against this Act, so however that a person shall not be subject to any greater punishment for such offence than he is subject to immediately before the operative date.

(3) This Act shall apply to the conviction of a person tried under the Act of 1923 as if he had been convicted under this Act, and every sentence imposed and every award of punishment made under the Act of 1923 may, on and after the operative date, be carried into effect in the same manner in all respects as if it had been imposed or made under this Act.

(4) Every person who is under the Act of 1923 in military custody immediately before the operative date shall be deemed to have been taken into service custody under this Act.

Existing military prisons and detention barracks.

301. —Any building or part of a building which immediately before the operative date is set apart as and declared to be a military prison or detention barrack under section 137 of the Act of 1923 shall be deemed to be a military prison or detention barrack set apart and so declared under section 232.