DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1946

AN ACT TO AMEND AND EXTEND THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACTS, 1923 TO 1945, AND TO RESTRICT THE WEARING IN THE STATE OF CERTAIN FOREIGN UNIFORMS. [29th March, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation generally.

1.—(1) In this Act—

the expression “the Acts” means the Defence Forces (Temporary Provisions) Acts, 1923 to 1945;

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 Act of 1937” means the Defence Forces Act, 1937 (No. 41 of 1937);

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

• (2) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

• (3) The Acts and this Act shall be read and construed together and accordingly every word and expression used in this Act to which a particular meaning is given by 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, 1947, and shall then expire.

3 Amendment of section 157 of the Principal Act.

3.—Subsection (3) of section 157 of the Principal Act is hereby amended by the insertion of the words “resident when” before the word “attested”.

4 Amendment of section 208 of the Principal Act.

4.—Section 208 of the Principal Act shall be construed and have effect as if there were inserted at the end thereof the following paragraph—

• “(4) Any officer belonging to the Reserve when engaged in voluntary training or when undergoing treatment in a military hospital or when in uniform.”.

5 Amendment of section 209 of the Principal Act.

5.—Section 209 of the Principal Act shall be construed and have effect as if there were inserted at the end thereof the following paragraph—

• “(4) All non-commissioned officers and men belonging to the Reserve when engaged in voluntary training or when undergoing treatment in a military hospital or when in uniform.”.

6 Amendment of section 8 of the Act of 1937.

6.—Subsection (1) of section 8 of the Act of 1937 shall, in its application to an officer of the Forces being retired on the grounds of age, have effect as if the words “the Minister” were substituted for the words “the President on the advice of the Government”.

7 Amendment of section 19 of the No. 2 Act of 1940.

7.—In subsection (3) of section 19 of the No. 2 Act of 1940, the words “a prescribed officer, who is hereby authorised to administer such oath” shall be substituted for the words “an officer (who is hereby authorised to administer such oath) nominated by the Minister for the purpose”.

8 Amendment of section 21 of the No. 2 Act of 1940.

8.—In subsection (4) of section 21 of the No. 2 Act of 1940, the words “a prescribed officer, who is hereby authorised to administer such oath” shall be substituted for the words “any officer of the Forces (who is hereby authorised to administer such oath) nominated by the Minister for the purpose”.

9 Amendment of section 57 of the No. 2 Act of 1940.

9.—(1) Where—

• (a) a person to whom section 57 of the No. 2 Act of 1940 applies, either is discharged from his existing engagement and immediately re-enlisted by enlisting in the Reserve of Men under section 25 of the No. 2 Act of 1940, or is re-enlisted under section 3 of the Defence Forces (Temporary Provisions) Act, 1945 (No. 10 of 1945), without being discharged from the service under any provision of the Acts or regulations made thereunder relating to discharge from the service, and

• (b) such person is held in service as a reservist called out on permanent service,

the said section 57 shall, in its application to him, be construed as if—

• (i) the definition (contained in subsection (7) of the said section 57) of the expression “termination of his military service” were repealed, and

• (ii) the said expression were defined as meaning the date on which he is released from military service next subsequent to the date of his re-enlistment.

• (2) Subsection (1) of this section shall be deemed to have come into force on, and shall have effect as on and from, the 25th day of July, 1945.

10 Relinquishment of commissions.

10.—(1) An officer of the Reserve of Officers holding a particular rank, shall, on reaching an age which is, in relation to officers of the Reserve of Officers of that rank, prescribed as the age for the relinquishment of their commissions, relinquish his commission.

• (2) The President, acting on the advice of the Government, may direct that any officer of the Reserve of Officers shall relinquish his commission on the ground of ill-health or on the ground of his failure to carry out his military obligations as required by regulations made under the Acts or on the ground that such relinquishment is in the interests of the service, and in any such case such officer shall relinquish his commission.

• (3) Where, either before or after the passing of this Act, a person is appointed during a period of emergency to temporary commissioned rank in the Forces or in the Reserve, the President, acting on the advice of the Government, may at any time direct that such person shall relinquish his commission, and in that case such person shall relinquish his commission.

• (4)
• (a) The Minister may make regulations in relation to the matter referred to in subsection (1) of this section as prescribed and the word “prescribed” in the said subsection means prescribed by such regulations.

• (b) Regulations made under subsection (4) of section 20 of the No. 2 Act of 1940 and in force immediately before the passing of this Act shall continue in force and be deemed to have been made under this subsection.

11 Effective dates of appointments, etc., of officers.

11.—(1) The following—

• (a) the appointment of a person to commissioned rank,

• (b) the dismissal (other than dismissal by sentence of a courtmartial) of an officer,

• (c) the resignation by an officer of his commission,

• (d) the retirement (otherwise than on the grounds of age or under subsection (2) of section 8 of the Act of 1937) of an officer of the Forces,

• (e) the relinquishment of his commission by an officer under subsections (2) or (3) of section 10 of this Act,

shall in each case take effect from such date as the President, acting on the advice of the Government, may fix.

• (2) The retirement, on the grounds of age, of an officer of the Forces shall take effect from the date which is, by virtue of regulations made under the Acts, the date fixed for his retirement.

• (3) The retirement, under subsection (2) of section 8 of the Act of 1937, of an officer of the Forces shall take effect from such date as the Minister may fix.

12 Re-engagement of reservist.

12.—(1) (a) A man of the Reserve of Men may, with the approval of the prescribed military authority, after the expiration of nine years from the date of his attestation, be re-engaged for such further period of reserve service as will make up a total continuous period of twenty-one years' service reckoned from the date of his attestation and inclusive of any period previously served in the Forces.

• (b) In paragraph (a) of this subsection the expression “prescribed military authority” means such authority as may be prescribed by regulations, which the Minister is hereby authorised to make.

• (2) Section 34 of the No. 2 Act of 1940 shall apply on completion of the term of his re-engagement to a man re-engaged under this section.

13 Automatic dismissal from the Defence Forces of certain deserters and absentees without leave, and provisions consequential on dismissal under the Emergency Powers (No. 362) Order, 1945, or this section.

13.—(1) Where—

• (a) a member of the Defence Forces has deserted or absented himself without leave on a date (in this subsection referred to as the date of desertion) which falls on or after the 3rd day of October, 1945, and during the emergency period, and

• (b) such member has not surrendered or been apprehended during the period of one hundred and eighty days beginning on the date of desertion,

then, notwithstanding anything contained in the Acts, the following provisions shall apply—

• (i) such member shall, on and from the day next following the expiration of such last-mentioned period, by virtue of this subsection, stand dismissed from the Defence Forces for desertion in time of national emergency and cease to be a member of the Defence Forces,

• (ii) the pay and allowances of such member shall be automatically forfeited for every day during such last-mentioned period.

• (2) Where by virtue of Article 3 of the Emergency Powers (No. 362) Order, 1945 (S. R. & O., No. 198 of 1945), or subsection (1) of this section a member of the Defence Forces has been or is dismissed from the Defence Forces for desertion in time of national emergency, the following provisions shall have effect—

• (a) such member shall be disqualified for a period of seven years from the date of such dismissal from holding—

• (i) any office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation, or

• (ii) any office or employment under any board or body established by or under statutory authority, or

• (iii) office as a paid member of any such board or body;

• (b) no pension, gratuity or allowance, in respect of his service in the Defence Forces, shall be payable, under the Army Pensions Acts, 1923 to 1946, to or in respect of such member;

• (c) no pension or gratuity shall be payable, under any scheme made under the Defence Forces (Pensions) Acts, 1932 and 1938, to or in respect of such member;

• (d) such dismissal shall not constitute a discharge for the purposes of the Unemployment Insurance Act, 1945 (No. 23 of 1945).

• (3) A certificate under the hand of an officer of the Defence Forces authorised by the Adjutant-General in that behalf certifying that a specified member of the Defence Forces deserted or absented himself without leave on a specified date and that such member did not surrender and was not apprehended before a specified date shall, for the purposes of the Emergency Powers (No. 362) Order, 1945 (S. R. & O., No. 198 of 1945) or this section, be conclusive evidence of the facts so certified.

• (4) In this section—

the expression “the emergency period” means the period which commenced on the 3rd day of September, 1939, and will end on the date on which the Defence Forces (Temporary Provisions) (No. 2) Act, 1940 (State of Emergency) Order, 1940 (S. R. & O., No. 163 of 1940), is revoked;

the expression “member of the Defence Forces” does not include an officer of the Defence Forces.

• (5) This section shall come into operation on the 1st day of April, 1946.

14 Services of solicitors' apprentices in the Defence Forces.

14.—(1) Where any person, who has been or shall be during the emergency period engaged in service in the Defence Forces, has entered or shall enter into indentures of apprenticeship with a practising solicitor, the Council of the Incorporated Law Society may, in their absolute discretion, by order declare that subject to the fulfilment by that person of such conditions (if any) as the said Council think fit and specify in the order, such period (not exceeding the period of that person's service in the Defence Forces during the emergency period) as the said Council think fit and specify in the order, shall, for the purposes of the Act of 1898, be reckonable as actual service under the said indentures of apprenticeship.

• (2) Where the Council of the Incorporated Law Society make an order under subsection (1) of this section in relation to any person, the following provisions shall, subject to the fulfilment bythat person of the conditions (if any) specified in the order, apply, that is to say:—

• (a) the period specified in the order shall, for the purposes of the Act of 1898, be reckonable as actual service under his indentures of apprenticeship,

• (b) subsection (1) of section 25 of the Act of 1898 shall, in its application to such person, be construed as if there were inserted—

• (i) after the words “such practising solicitor”, the words “except during a period declared, by an order made in respect of him by the Council of the Incorporated Law Society under Article 3 of the Emergency Powers (No. 285) Order, 1943 (S. R. & O., No. 268 of 1943), or under section 14 of the Defence Forces (Temporary Provisions) Act, 1946. to be reckonable, for the purposes of this Act, as actual service under his indentures of apprenticeship”, and

• (ii) after the words “employment of a solicitor”, the words “or service in the Defence Forces”, and

• (c) the forms of affidavit, for the purposes of the said section 25, prescribed by rules made under section 57 of the Act of 1898, may, in relation to that person, be modified in conformity with the amendments effected by paragraph (b) of this subsection.

• (3) An order made under Article 3 of the Emergency Powers (No. 285) Order, 1943 (S. R. & O., No. 268 of 1943), shall be deemed to have been made under this section.

• (4) This section shall be construed as one with the Act of 1898.

• (5) In this section—

the expression “the Act of 1898” means the Solicitors (Ireland) Act, 1898;

the expression “the emergency period” means the period which commenced on the date of the passing of the Emergency Powers Act, 1939 (No. 28 of 1939), and will end on the expiration of the said Act.

• (6) This section shall come into operation on the 1st day of April, 1946.

15 Wrongful sale, etc., of equipment by a member of the Reserve.

15.—If any person designedly makes away with, or sells or pawns, or wrongfully destroys or damages, or negligently loses, any article issued to him as an officer or man of the Reserve or neglects or refuses to deliver up on demand by the Minister or any person acting on behalf of the Minister, any such article—

• (a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds,

• (b) the Court by which such person is tried may, whether it convicts him of such offence or not, order him to pay to the Minister the value of the article.

16 Unlawful wearing of army uniform.

16.—(1) If any person (not being a member of the Defence Forces) wears, without permission granted by or on behalf of the Minister, any uniform of the Defence Forces or wears any colourable imitation of such uniform, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months.

• (2) Subsection (1) of this section shall not apply in respect of the wearing of any uniform of the Defence Forces or any colourable imitation thereof in the course of a stage play or other dramatic representation or performance.

17 Bringing contempt on army uniform.

17.—(1) If any person wears any uniform of the Defence Forces or any dress, having the appearance of, or bearing any of the regimental or other distinctive marks of, any such uniform, in such a manner or in such circumstances as to be likely to bring contempt upon that uniform, such person shall be guilty of an offence under this subsection.

• (2) If any person employs any other person to wear any uniform of the Defence Forces or any dress, having the appearance of, or bearing any of the regimental or other distinctive marks of, any such uniform, in such a manner or in such circumstances as to be likely to bring contempt upon that uniform, such first-mentioned person shall be guilty of an offence under this subsection.

• (3) Every person who is guilty of an offence under subsection (1) or subsection (2) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

18 Dyeing and conversion of uniforms, etc.

18.—(1) If any person, except under and in accordance with a permit issued by or on behalf of the Minister.

• (a) dyes, or receives for the purpose of dyeing, any service textile article or any article which he has reasonable grounds for believing is a service textile article or a converted service textile article, or

• (b) converts into another article or receives for the purpose of conversion into another article any service textile article,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) In this section—

the expression “service textile article” means any article of a textile nature issued to or for the use of members of the Defence Forces;

the expression “converted service textile article” means any service textile article which has been converted into another article.

• (3) This section shall come into operation on the 1st day of April, 1946.

19 Unauthorised use, etc., of decorations, etc.

19.—(1) If—

• (a) any unauthorised person (in this subsection referred to as the offender) uses or wears any article to which this section applies or any colourable imitation thereof, or

• (b) any person (in this subsection referred to as the offender) falsely represents himself to be a person who is or has been entitled to wear any article to which this section applies, or

• (c) any person (in this subsection referred to as the offender) without lawful authority or excuse (the proof whereof shall lie on such person) supplies or offers to supply any article to which this section applies to a person not authorised to use or wear it,

the offender shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months.

• (2) Nothing in subsection (1) of this section shall be construed as rendering unlawful the use, wear or supply of ordinary regimental badges or any brooch or ornament representing those badges.

• (3) This section applies to any article, relating to or connected with service in the Defence Forces, supplied or authorised by the Minister, being

• (a) a decoration, or

• (b) a medal, or

• (c) a medal ribbon, or

• (d) a badge, or

• (e) a wound stripe, or

• (f) rank insignia, or

• (g) an emblem.

20 Exemption of officers and soldiers from certain provisions of the Road Traffic Act, 1933.

20.—(1) Sections 22 and 39 of the Road Traffic Act, 1933, (No. 11 of 1933), shall not apply in respect of the driving of a mechanically propelled vehicle, which is the property of the State or is otherwise under the control of the Minister, by any officer or soldier while on duty.

• (2) Section 164 of the Road Traffic Act, 1933, shall not apply in respect of a vehicle which is being driven by, or in the charge of, an officer or soldier who—

• (a) is on duty, and

• (b) belongs to or is attached to any portion of the Defence Forces which is for the time being engaged on manoeuvres or exercises.

21 Foreign uniforms.

21.—(1) No person shall, save with the consent in writing of a Minister of State, enter or land in the State while wearing any foreign uniform.

• (2) No person shall, save with the consent in writing of a Minister of State, go into any public place in the State while wearing any foreign uniform.

• (3)
• (a) No person (in this subsection referred to as the conveyor) shall convey any other person (in this subsection referred to as the passenger) into the State by train, road vehicle or aircraft while the passengeris wearing any foreign uniform, unless the passenger produces on demand for inspection by or on behalf of the conveyor the consent in writing of a Minister of State to the entry of the passenger into the State while wearing such uniform.

• (b) The person in charge of any train, road vehicle or aircraft shall take all steps necessary to ensure that in relation to such train, road vehicle or aircraft there is no contravention of paragraph (a) of this subsection.

• (4)
• (a) It shall be the duty of the master of any ship arriving in the State to prevent any person from landing from such ship while wearing a foreign uniform, unless such person produces on demand for inspection by such master the consent in writing of a Minister to the entry of such person into the State while wearing such uniform.

• (b) Where the master of any ship prevents under this subsection any person from landing while wearing any foreign uniform, such master shall detain the said person on board such ship until the occurrence of whichever of the following events first occurs, that is to say—

• (i) such person removes such uniform,

• (ii) such person obtains the consent in writing of a Minister of State to enter the State while wearing such uniform,

• (iii) such ship leaves the State.

• (c) A member of the Gárda Síochána may assist the master of any ship in preventing under this subsection any person from landing from such ship or in detaining under this subsection any person in such ship.

• (5) Every person who contravenes (by act or omission) any provision in subsections (1), (2), (3) or (4) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

• (6) Nothing in this section shall restrict, or apply in respect of, the wearing of any uniform by the head of any diplomatic mission duly accredited to the State or by any member of the diplomatic staff of such mission whose appointment as such has been officiallynotified to the Minister for External Affairs or who is otherwise entitled to diplomatic immunities.

• (7) Nothing in this section shall restrict, or apply in respect of, the wearing of any foreign uniform in the course of a stage play or other dramatic representation or performance.

• (8) In this section—

the expression “foreign uniform” means the uniform of any armed force (other than the Defence Forces), whether operating by land, sea or air and includes any distinctive part of any such uniform,

the expression “public place” includes any street, road, park, or other similar place, and also any place or building to which the public have access on payment of a charge for admission.

• (9) This section shall come into operation on the 1st day of April, 1946.

22 Repeals.

22.—The enactments mentioned in the second column of the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

23 Short title and collective citation.

23.—(1) This Act may be cited as the Defence Forces (Temporary Provisions) Act, 1946.

• (2) The Acts and this Act may be cited together as the Defence Forces (Temporary Provisions) Acts, 1923 to 1946.

SCHEDULE. Enactments Repealed.