DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1945

AN ACT TO CONTINUE, AMEND AND EXTEND THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACTS, 1923 TO 1944. [27th March, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions and construction.

1.—(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 1944;

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 Act of 1942” means the Defence Forces (Temporary Provisions) Act, 1942 (No. 3 of 1942);

the expression “emergency engagement” means the engagement of a person enlisted under section 24 of the No. 2 Act of 1940.

• (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 in the Acts for the purposes of the Acts has in this Act the meaning so given.

2 Continuance of the Acts.

2.—The Acts, as amended and extended by this Act, shall continue in force until the 31st day of March, 1946, and shall then expire.

3 Enlistment under Chapter V of Part II of the Principal Act of soldiers serving for a period of emergency.

3.—Where a soldier of the Forces serving on an emergency engagement desires to be re-enlisted by enlisting as a soldier of the Forces under section 144 of the Principal Act, the following provisions shall have effect, that is to say:—

• (a) subsection (1) of section 148 of the Principal Act shall not apply in respect of him;

• (b) subsection (2) of the said section 148 shall apply in respect of him as if the words “whether he has been served with and understands the notice and” were omitted therefrom;

• (c) he may be so re-enlisted without being discharged from the service under any provision of the Acts or the regulations made thereunder relating to discharge from the service;

• (d) if he so re-enlists, Chapter V of Part II of the Principal Act shall apply in respect of him, subject to the following modifications—

• (i) the period already served by him on his emergency engagement when he so re-enlists may be reckoned as included in the period for which he so re-enlists,

• (ii) the period for which he so re-enlists shall be deemed, for the purposes of the said Chapter V, to be the term of his original enlistment,

• (iii) save for the purposes of subsection (1) of section 164 of the Principal Act, subsection (5) of section 148 of the Principal Act shall not apply in respect of him,

• (iv) the date, which is for the purposes of Chapter II of Part IV of the No. 2 Act of 1940 the date of his attestation, shall, except for the purposes of sub-section (1) of section 164 of the Principal Act, be deemed to be the date of his attestation and the date of his original term of enlistment,

• (v) section 149 of the Principal Act shall not apply in respect of him;

• (e) if he so re-enlists—

• (i) the period already served by him under his emergency engagement immediately before he so re-enlists shall be deemed, for the purposes of the Acts and the regulations made thereunder, to have been served under an enlistment under section 144 of the Principal Act for army service for that period,

• (ii) his emergency engagement shall thereupon be deemed to have been terminated.

4 Enlistment under Chapter V of Part II of the Principal Act of reservists called out on permanent service.

4.—Where a person, who is a soldier of the Forces by virtue of his having as a man of the Reserve of Men been called out on permanent service with the Forces, desires to be re-enlisted by enlisting as a soldier of the Forces under section 144 of the Principal Act, the following provisions shall have effect, that is to say:—

• (a) subsection (1) of section 148 of the Principal Act shall not apply in respect of him;

• (b) subsection (2) of the said section 148 shall apply in respect of him as if the words “whether he has been served with and understands the notice and” were omitted therefrom;

• (c) he may be so re-enlisted without being discharged from the service under any provision of the Acts or the regulations made thereunder relating to discharge from the service;

• (d) if he so re-enlists, Chapter V of Part II of the Principal Act shall apply in respect of him, subject to the following modifications—

• (i) the period already served by him in army service since he last reported for permanent service may be reckoned as included in the period for which he so re-enlists,

• (ii) the period for which he so re-enlists shall be deemed, for the purposes of the said Chapter V, to be the term of his original enlistment,

• (iii) save for the purposes of subsection (1) of section 164 of the Principal Act, subsection (5) of section 148 of the Principal Act shall not apply in respect of him,

• (iv) the date of his last reporting for permanent service shall, except for the purposes of subsection (1) of section 164 of the Principal Act, be deemed to be the date of his attestation and the date of his original term of enlistment,

• (v) section 149 of the Principal Act shall not apply in respect of him;

• (e) if he so re-enlists—

• (i) the period already served by him since his last reporting for permanent service shall be deemed, for the purposes of the Acts and the regulations made thereunder, to have been served under an enlistment under section 144 of the Principal Act for army service for that period,

• (ii) his former engagement and any extension thereof by virtue of subsection (1) of section 7 of the Act of 1942, shall thereupon be deemed to have been terminated.

5 Transfer of soldiers from one corps to another.

5.—(1) The following provisions shall apply in respect of a soldier of the Forces enlisted or re-enlisted, whether before or after the passing of this Act, for general service, that is to say—

• (a) in case his army service in the corps in which he is for the time being serving is less than ten years, he may, during his army service, be transferred by order of the prescribed military authority to another corps,

• (b) in case his army service in the corps in which he is for the time being serving is ten years or more he may, during his army service, be transferred by order of the prescribed military authority to another corps, if, but only if,—

• (i) he consents to such transfer, or

• (ii) a proclamation ordering the Reserve to be called out on permanent service is for the time being in force.

• (2) Where a soldier of the Forces is specially enlisted or re-enlisted, whether before or after the passing of this Act, for service in a particular corps, he may, during his army service, be transferred by order of the prescribed military authority to another corps, if, but only if, he consents to such transfer.

• (3) In this section the expression “the prescribed military authority” has the same meaning as in Chapter V of Part II of the Principal Act.

• (4)
• (a) Section 151 of the Principal Act is hereby repealed.

• (b) In subsection (2) of section 223 of the Principal Act, the words “and the said prescribed military authority may within three months after such appointment transfer him to any other corps of the Forces” shall be deleted.

6 Amendment of section 55 of the No. 2 Act of 1940.

6.—In section 55 of the No. 2 Act of 1940, the following paragraph shall be substituted for paragraph (d), that is to say:—

• “(d) a Defence Force List or Defence Force Gazette (whether printed or cyclostyled) purporting to be issued under the authority of the Minister by the Adjutant General shall be evidence of the status and rank of the officers therein mentioned and of any appointment held by such officers and of the corps or battalion or the Corps or Service to which such officers belong;”.

7 Amendment of section 4 of the Act of 1942.

7.—In subsection (3) of section 4 of the Act of 1942, the words “and published in Iris Oifigiúil” shall be deleted.

8 Short title and collective citation.

8.—(1) This Act may be cited as the Defence Forces (Temporary Provisions) Act, 1945.

• (2) The Acts and this Act may be cited together as the Defence Forces (Temporary Provisions) Acts, 1923 to 1945.