Defence Forces (Temporary Provisions) (No.2) Act , 1940

PART I. Preliminary and General.

1 Short title and collective citation.

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 Definitions and construction.

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 Employment on State ships.

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 Period of emergency.

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 Extra-territorial application of the Acts and this Act.

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 Active service.

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 Expenses.

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 Repeals.

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.

PART II. Special Powers in Relation to Defence.

Chapter I. Powers in relation to transport undertakings.

9 Definitions for purposes of Chapter I of Part II.

9.—In this Chapter of this Part of this Act—

the expression “transport undertaking” means the undertaking of any shipping, railway, tramway or canal company or of any person carrying on a passenger road service, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of any person carrying on a merchandise road transport business, within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and includes any stations, buildings, works or accommodation belonging to, or required for the working of, any such undertaking;

the word “plant” means engines, rolling stock, vehicles, boats, and all things necessary for the proper working of a transport undertaking which are not included in the definition of the expression “transport undertaking”.

10 Precedence of military traffic on transport undertakings during a period of emergency.

10.—(1) During a period of emergency the Minister may, from time to time by order addressed to the owners of a transport undertaking, require that such traffic for the Defence Forces as may be specified in such order shall be received and forwarded by such transport undertaking in priority to any other traffic, and the owners of such transport undertaking shall comply with such order and for that purpose shall, so far as may be necessary, suspend the receiving and forwarding of all other traffic by such transport undertaking.

(2) If the owner of, or any person employed by, a transport undertaking refuses, neglects or fails to comply with the requirement of any order under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) The Minister may take such means as he considers necessary (including the use of force) for securing that any order under this section is carried into effect.

(4) An order under this section shall not be in force for more than one month after the date thereof, but may be renewed.

(5) There shall be paid by the Minister, out of moneys provided by the Oireachtas, to the owner of any transport undertaking, required to receive and forward traffic under this section, by way of compensation such remuneration as may, with the consent of the Minister for Finance, be agreed upon or as, in default of agreement, may be determined in accordance with provisions to be made by statute.

11 Adaptation of plant of transport undertakings.

11.—(1) The Minister, after consultation with the Minister for Industry and Commerce and the Minister for Supplies, may at any time by order addressed to the owners of any transport undertaking require that such adaptations as may be specified in such order of the plant of such undertaking be made within a specified time.

(2) The adaptations which may be specified in an order under this section may be adaptations by way of addition to, substitution for, or removal of, any part or parts of an article included in the plant of a transport undertaking, but shall not be such as to interfere with the purpose for which the article was primarily designed.

(3) Any person (in this sub-section referred to as an authorised person) authorised by the Minister in that behalf may at all reasonable times enter the premises of a transport undertaking and inspect the plant thereof, whether an order has or has not then been made under this section in respect of such transport undertaking, and any person who obstructs or interferes with an authorised person in the exercise of the powers conferred on an authorised person by this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) If the owners of a transport undertaking in respect of which an order has been made under this section refuse, fail or neglect to comply with the requirements of such order, such owners shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(5) Where any adaptations have, in pursuance of an order under this section, been made in the plant of a transport undertaking, there shall be paid by the Minister, out of moneys provided by the Oireachtas, to the owners of such transport undertaking by way of compensation in respect of the cost incurred by them in making such adaptations such amount as may, with the consent of the Minister for Finance, be agreed upon or as, in default of agreement, may be determined in accordance with provisions to be made by statute.

Chapter II. Billeting during a period of emergency.

12 Emergency billeting.

12.—(1) The Minister may, from time to time and at any time, make such regulations as he thinks fit, for—

(a) requiring the occupiers of premises to provide, during a period of emergency, lodging, attendance, and food for members of the Defence Forces;

(b) requiring occupiers of premises and of livery stables to provide, during a period of emergency, stabling and forage for horses of the Defence Forces;

(c) requiring the occupiers of premises and garages to provide, during a period of emergency, garaging for mechanically propelled vehicles of the Defence Forces;

(d) conferring on such persons as the Minister thinks proper such powers and authorities for the carrying out and enforcement of the regulations as he thinks proper;

(e) fixing, with the sanction of the Minister for Finance, the scales of payment to be made in respect of any lodgings, attendance, food, stabling, forage and garaging so provided;

(f) providing for any matter or thing ancillary to the matters aforesaid;

(g) providing that any breach or contravention of any such regulation shall be an offence triable summarily, and fixing the punishments which may be inflicted by courts of summary jurisdiction on persons convicted of any such offence.

(2) There shall be paid out of moneys provided by the Oireachtas to persons providing lodgings, attendance, food, stabling, and garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.

(3) When by regulations made under this section any powers or duties are conferred or imposed on members of the Gárda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with any member of the Gárda Siochana, such regulations so relating to the Gárda Síochána shall be made with the concurrence of the Minister for Justice.

(4) Every regulation made under this section shall have the force of law.

(5) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.

(6) Notwithstanding the repeal thereof effected by this Act, section 173 (which relates to billeting in cases of emergency) of the Principal Act shall continue in force until the first regulations under this section have been made and have come into force.

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

13 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.

14 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).

15 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.

16 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.

17 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.

18 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.