Defence Act , 1954

PART I. Preliminary and General.

1. Short title and commencement.

1.—(1)This Act may be cited as the Defence Act, 1954.

(2)This Act shall come into operation on such day as may be fixed therefor by order of the Minister for Defence.

2. Interpretation generally.

2.—(1)In this Act—

the expression “absence without leave” means the act of a person absenting himself without leave within the meaning of section 137;

the expression “absent himself without leave” has the same meaning as in section 137;

the word “absentee” means a person who absents himself without leave within the meaning of section 137;

the expression “on active service” has, in relation to a person subject to military law, the meaning assigned to it by section 5;

the expression “the Act of 1923” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended, extended and continued by subsequent enactments;

F1["Act of 1947" means theCourts of Justice Act 1947.]

F2[…]

the expression “the Army Nursing Service” means the nursing service established under section 289;

F3["assisting person" means in relation to proceedings for an offence under Part V of this Act, subject to the consent of the member concerned, such member of the Defence Forces who is subject to military law as the person charged with the offence may choose for the purposes of providing assistance to that person as provided for in the said Part V;]

the expression “attestation paper” means the document referred to as an attestation paper in section 56;

the expression “called out in aid of the civil power”, in relation to a reservist, shall be construed in accordance with subsection (2) of section 90;

the expression “called out on permanent service”, in relation to a reservist, shall be construed in accordance with subsection (2) of section 87 or subsection (3) of section 88 (whichever of those subsections is applicable);

the expression “certificate of discharge” means a certificate issued under section 82;

the expression “the Chief of Staff” means the Chief of Staff of the Defence Forces;

the expression “civil court” means any court established under Article 34 of the Constitution, and includes the courts established under the Courts of Justice Act, 1924 (No. 10 of 1924), and any Special Criminal Court established under the Offences against the State Act, 1939 (No. 13 of 1939);

the expression “civil custody” means the custody of the Garda Síochána or other lawful civil authority authorised to retain in custody civil prisoners and includes confinement in a public prison;

the expression “civil offence” has the meaning assigned to it by section 169;

the expression “class of reservists” means any class of the Reserve Defence Force, being—

(a)the Reserve of Men (First Line), or

(b)the Reserve of Men (An Fórsa Cosanta Aitiúil), or

(c)the Reserve of Men (An Slua Muirí), or

(d)any class constituted under subsection (3) of section 21;

the word “class” means, in relation to the Reserve Defence Force, a class of the Reserve Defence Force mentioned in section 21;

the expression “commanding officer” means in any section in which it occurs an officer declared by regulations made by the Minister under this Act to be a commanding officer for the purposes of that section;

the expression “commissioned army rank” means any rank set out in column (2) of the Second Schedule to this Act;

the expression “commissioned naval rank” means any rank set out in column (3) of the Second Schedule to this Act;

the expression “commissioned rank” means any rank being—

(a)a commissioned army rank, or

(b)a commissioned naval rank;

the expression “company commander” means in any section in which it occurs an officer declared by regulations made by the Minister under this Act to be a company commander for the purposes of that section;

F3["court-martial", when used without qualification, means a general court-martial, a limited court-martial or a summary court-martial;

"Court-Martial Administrator" means the Court-Martial Administrator appointed under Chapter IVA of Part V of this Act;

F4["court-martial prosecutor" has the meaning assigned to it by section 184F;]

"court-martial rules" means rules made under section 240B with respect to courts-martial;]

references to the date of attestation of a man shall be construed as references to the date which is, by virtue of section 59, the date of his attestation;

F3["a day’s pay" means—

(a) in relation to a person who is convicted by a court-martial of an offence against military law or in respect of whom a determination is made or confirmed under Chapter IV of Part V of this Act and who is a member of the Defence Forces, the basic pay, excluding any additional pay or allowance, that is, or would be, payable to that person in respect of the day on which punishment is awarded in respect of the offence, or

(b) in relation to a person who is convicted by a court-martial of an offence against military law or in respect of whom a determination is made or confirmed under Chapter IV of Part V of this Act and who is not a member of the Defence Forces but who was a member of the Defence Forces when the offence was committed (not being a person to whom paragraph (c) of this definition applies), the basic pay, excluding any additional pay or allowance, that would be payable to that person in respect of the day on which punishment is awarded in respect of the offence if he were a member of the Defence Forces on that day and his rank and service (or service in rank, if appropriate) were the same as those on the last day of his service in the Defence Forces, or

(c) in relation to a person who is convicted by a court-martial of an offence against military law or in respect of whom a determination is made or confirmed under Chapter IV of Part V of this Act and who is not a member of the Defence Forces but who is, or was when the offence was committed, subject to military law as an officer pursuant to section 118(d) or (e) or as a man pursuant to section 119(c) or (d), the basic pay, excluding any additional pay or allowance, that would be payable to an officer in the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank, or to a man in the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank, as the case may be, in respect of the day on which punishment is awarded in respect of the offence;]

the word “decoration” means any medal, clasp, good-conduct badge or other decoration;

the expression “the Defence Forces” means the defence forces to be raised and maintained under this Act;

F5["Defence Forces Headquarters" shall be construed in accordance withsection 13(inserted bysection 4of the Defence (Amendment) Act, 1998);

"Deputy Chief of Staff (Operations)" means the Deputy Chief of Staff (Operations) of the Defence Forces;

"Deputy Chief of Staff (Support)" means the Deputy Chief of Staff (Support) of the Defence Forces;]

the word “desert” means desert the Defence Forces within the meaning of section 135;

the word “deserter” means a person who deserts;

the word “desertion” means the act of deserting the Defence Forces within the meaning of section 135;

the expression “detention barrack” means a building or part of a building declared under section 232 to be a detention barrack;

F3["Director" means the Director of Military Prosecutions appointed under Chapter IVB of Part V of this Act;

"document" includes—

(a) a map, plan, graph, drawing, photograph or record, or

(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;]

the expression “employed on a State ship” has, in relation to a member of the Defence Forces, the meaning assigned to it by section 6;

the word “enemy” includes armed mutineers, armed rebels, armed rioters and pirates;

F4["External Oversight Body" has the meaning assigned to it by section 321;]

F6[the expression "flag officer" means an officer holding the commissioned naval rank of commodore or higher commissioned naval rank;]

the expression “fraudulent enlistment” means the act of fraudulently enlisting within the meaning of section 164;

F7[the expression "general officer" means an officer holding the commissioned army rank of brigadier-general or higher commissioned army rank;]

F3["intoxicant" includes any alcohol, drug, solvent or any other substance or combination of substances;]

the word “man” means a person who is for the time being a member of the Defence Forces, but does not include an officer;

F8[…]

F3[F9["military judge"—

(a) means a military judge appointed under Chapter IVC of Part V of this Act, and

(b) in relation to the performance of the functions of a military judge under this Act or any statutory instrument made under it, where a temporary designation of a Circuit Judge to carry out such functions of a military judge has been made under section 11A of the Act of 1947, references to the performance of such functions shall be construed in accordance with section 184LA(3).]]

the expression “military office” means any office in the Defence Forces;

the expression “military prison” means a building or part of a building declared under section 232 to be a military prison;

the expression “military prisoner” means a person under sentence of imprisonment passed by a court-martial;

the expression “the Minister” means the Minister for Defence;

the expression “non-commissioned army rank” means any rank set out in column (2) of the Third Schedule to this Act;

the expression “non-commissioned naval rank” means any rank set out in column (3) of the Third Schedule to this Act;

the expression “non-commissioned officer” means a man holding—

(a)any non-commissioned army rank, other than that of private, or

(b)any non-commissioned naval rank, other than that of seaman;

the expression “offence against military law” means any offence mentioned in any section contained in Chapter II of Part V of this Act;

the word “officer”, when used without qualification, means a person who—

(a)holds a commissioned rank in, and is for the time being an officer of, the Permanent Defence Force, or

(b)holds a commissioned rank in, and is for the time being an officer of, the Reserve Defence Force;

the expression “the operative date” means the day on which this Act comes into operation;

F10[…]

the expression “period of emergency” has the meaning assigned to it by section 4;

the expression “the Permanent Defence Force” means the constituent part of the Defence Forces which is to be called and known by that name;

references to a person subject to military law shall be construed as references to a person who is, by virtue of section 118 or 119, subject to military law;

the word “prescribed” means,—

(a)where it occurs in Part V F11[(other than Chapters IV and X or in the case of any matter or thing referred to in Part V as prescribed by court-martial rules)] of this Act, prescribed by rules of procedure,

(b)where it occurs elsewhere, prescribed by regulations made under this Act;

the expression “proclamation authorising the calling out of reservists on permanent service” means a proclamation made under paragraph (a) of subsection (1) of section 87;

the word “property” includes money;

the expression “public prison” means any prison or place in which a person convicted and sentenced to imprisonment by a civil court may be lawfully confined;

F2[…]

the expression “recruiting regulations” means regulations made under section 56;

the expression “registered place of abode” means, in relation to a reservist, the address registered by him, in accordance with regulations made by the Minister under this Act, as his registered place of abode;

the expression “the Reserve Defence Force” means the constituent part of the Defence Forces which is to be called and known by that name;

the word “reservist”, when used without qualification, means a man of the Reserve Defence Force;

the expression “right over land” means any easement, profit á prendre or other right over or in respect of land;

the expression “rules of procedure” means rules made under section 240;

F3["scheduled offence", for the purposes of Part V of this Act, shall have the meaning assigned to it by section 176A;]

the expression “secret society” means an association, society or other body the members of which are required by the regulations thereof to take or enter into, or do in fact take or enter into, an oath, affirmation, declaration or agreement not to disclose the proceedings or some part of the proceedings of the association, society or body;

the word “service”, when qualifying aircraft, aircraft material, equipment, vehicles, animals, messes, institutes, canteens, necessaries, clothing, books or property F12[or any other matter], means belonging to or connected with the Defence Forces or any unit or part of a unit thereof;

the expression “service corps” means any military body or combination of military bodies declared to be a service corps by regulations made under section 23 and for the time being in force;

the expression “service custody” means the holding under arrest or in confinement of a person by the Defence Forces and includes confinement in a military prison or a detention barrack;

the expression “State ship” means a ship or vessel belonging to, or employed in the service of, the State and used for defence purposes;

F13[…]

F14["superior officer" includes—

(a) when used in relation to a member of the Permanent Defence Force, an officer or non-commissioned officer of the Permanent Defence Force of equal or higher rank who is authorised, in relation to that member, by or under this Act or by custom of the service, to exercise authority over that member,

(b) when used in relation to a member of the Reserve Defence Force, an officer or non-commissioned officer of the Permanent Defence Force or of the Reserve Defence Force, of equal or higher rank, who is authorised, in relation to that member, by or under this Act or by custom of the service, to exercise authority over that member;]

the expression “the term of his original enlistment”—

(a)in relation to a man of the Permanent Defence Force who is enlisted under section 53, has, subject to paragraph (d) of subsection (1) of section 63, the meaning assigned to it by section 53,

(b)in relation to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70, has, subject to paragraph (c) of subsection (2) of section 63, the meaning assigned to it by section 53,

(c)in relation to a reservist who is enlisted under section 55, has, subject to subsection (3) of section 66, the meaning assigned to it by section 55.

(2)In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended.

(3)In this Act, references to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

F15[(4) In this Act, a reference to stealing shall be construed as a reference to theft within the meaning ofsection 2of theCriminal Justice (Theft and Fraud Offences) Act 2001.]

3. Application of Act to persons subject to military law.

3.—The application of this Act to a person subject to military law shall not be affected by reason of the fact that such person is for the time being outside the State or on board a ship or aircraft.

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 subsection declare that a state of emergency exists.

(2)The Government may by order under this subsection revoke any order made under subsection (1) of this section.

(3)Whenever an order is made by the Government under subsection (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)If, at the time an order is made under this section, either House of the Oireachtas stands adjourned, that House shall be summoned to meet as soon as conveniently may be but in any event not later than twenty-one days after the order is made.

5. Active service.

5.—(1)A person subject to military law shall, for the purposes of this Act, be on active service—

(a)during any period during which an order made under subsection (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 this Act in relation to a person subject to military law shall be construed accordingly.

(2)The Government, during a period of emergency, may, whenever they consider the circumstances are of such a nature as to warrant their so doing, by order under this subsection declare the Defence Forces to be on active service.

(3)An order under subsection (2) of this section shall, if not previously revoked under subsection (4) of this section, cease to be in force on the expiration of the period of emergency current at the time the order was made.

(4)The Government may by order under this subsection revoke any order made under subsection (2) of this section.

6. Employment on State ships.

6.—Whenever an officer or man is borne on the roll of, or is being trained or exercised on, any State ship, he shall, for the purposes of this Act, be deemed to be employed on such State ship, and the expression “employed on a State ship” and cognate expressions shall be construed accordingly.

7. Prosecution of certain offences by the Minister.

7.—An offence which under this Act is punishable on summary conviction by the District Court may be prosecuted by the Minister as prosecutor.

8. Provisions in relation to regulations.

8.—(1)Any regulations made under this Act which involve a direct or indirect charge on or a payment into public funds shall be made with the consent of the Minister for Finance.

(2)In making regulations under this Act, the Minister may make different regulations in relation to the Permanent Defence Force, the Reserve Defence Force and different classes of the Reserve Defence Force.

9. Repeals.

9.—The enactments mentioned in column (2) of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of the said Schedule.

10. Expenses.

10.—The expenses incurred by a 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.

PART II. The Council of Defence, the Chief of Staff, the Adjutant-General, the Quartermaster-General, Military Branches of the Department of Defence, the Inspector-General and the Judge Advocate-General.

11. The Council of Defence.

11.—(1)There shall stand established a body to be called the Council of Defence (in this section referred to as the Council) to aid and counsel the Minister on all matters in relation to the business of the Department of Defence on which the Minister may consult the Council.

(2)The Council shall consist of two civil members, namely, the F16[Minister of State at the Department of Defence] and the Secretary of the Department of Defence, and three military members, namely, the Chief of Staff, the Adjutant-General and the Quartermaster-General.

(3)The Secretary of the Department of Defence shall be secretary of the Council.

(4)The Council shall meet whenever summoned by the Minister.

12. The Chief of Staff, the Adjutant-General and the Quartermaster-General.

12.—(1)There shall be—

(a)a Chief of Staff of the Defence Forces,

F17[(b)a Deputy Chief of Staff (Operations) of the Defence Forces, and

(c)a Deputy Chief of Staff (Support) of the Defence Forces.]

F18[(2)(a)An appointment to the office of Chief of Staff shall be made by the President.

(b)Every person appointed to the office of Chief of Staff shall be an officer of the Permanent Defence Force.

(c)Every holder of the office of Chief of Staff shall hold that office for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for re-appointment on the expiration of that term.

(d)Where the holder of the office of Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to hold the office of Chief of Staff.

(e)The President may, for stated reasons, remove the Chief of Staff from office.]

F19[(3)(a)In this subsection, "the Deputy Chief of Staff" means, as the context may require, the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support).

(b)The Government shall appoint the Deputy Chief of Staff and may, for stated reasons, terminate his or her appointment as Deputy Chief of Staff.

(c)A person appointed to be the Deputy Chief of Staff shall be an officer of the Permanent Defence Force.

(d)Subject to this subsection, a person shall be appointed to be the Deputy Chief of Staff for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for reappointment on the expiration of that term.

(e)Where a person appointed to be the Deputy Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to be the Deputy Chief of Staff.]

13. Military branches of the Department of Defence.

F20[13.—(1)There shall stand established in the Department of Defence a military element (which shall be known, and is referred to in this Act, as "Defence Forces Headquarters"), the head of which shall be the Chief of Staff.

(2)Subject to the Defence Acts, 1954 to 1998, there shall be assigned to the Chief of Staff such duties in connection with the business of the Department of Defence as the Minister may from time to time determine.

(3)The Chief of Staff shall be directly responsible to the Minister for the performance of such duties as may from time to time be assigned to him or her under subsection (2).

(4)The Chief of Staff may, subject to the approval of the Minister, delegate such duties assigned to him or her under subsection (2) as he or she considers appropriate to the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support).]

14. The Inspector-General.

14.—(1)The Government may, whenever they think fit, by order under this subsection declare that there shall be an Inspector-General of the Defence Forces, and whenever any such order is made and is in force there shall be an Inspector-General of the Defence Forces.

(2)The Government may by order under this subsection revoke any order made under subsection (1) of this section.

(3)The Inspector-General of the Defence Forces shall be an officer of the Permanent Defence Force and shall be appointed by, and hold office during the pleasure of, the President.

(4)The Inspector-General of the Defence Forces shall be charged with the performance of such duties as the Government may from time to time assign to him.

15. The Judge Advocate-General.

15.—(1)There shall be a Judge Advocate-General.

(2)The Judge Advocate-General shall be a practising barrister-at-law of at least ten years’ standing, but shall not be a member of the Defence Forces, and shall be appointed by, and hold office during the pleasure of, the President.

(3)The Judge Advocate-General shall be charged with the performance of such duties as the Government may from time to time assign to him.

(4)There shall be paid to the Judge Advocate-General such remuneration as the Minister, with the consent of the Minister for Finance, may fix.

PART III. Raising, Maintenance, Command, Constitution and Organisation of the Defence Forces, Military Education and Miscellaneous Matters relating to the Defence Forces.

Chapter I.

16. Authority to raise and maintain the Defence Forces.

16.—It shall be lawful for the Government to raise, train, equip, arm, pay and maintain defence forces to be called and known as Óglaigh na hÉireann or (in English) the Defence Forces.

17. Military command.

17.—(1)Under the direction of the President, and subject to the provisions of 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 and, subject to such exceptions and limitations as the Government may from time to time determine, through and by the Minister.

(2)(a)The delegation of command and authority by the Minister—

(i)may be made subject to such exceptions and limitations as he may from time to time determine,

(ii)may be in relation to any area, place or State ship or any military body organised under section 22 and may embrace different components of the Defence Forces,

(iii)may, during a period of emergency, be in relation to the whole of the Defence Forces.

(b)For the purposes of subparagraph (ii) of paragraph (a) of this subsection and for administrative purposes, the Minister may divide the State into such and so many 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.

17A.—(1) In this section—

"Act of 2006" means theDefence (Amendment) Act 2006;

"Force Commander" means the person commanding an international force;

"international force" means an International United Nations Force or any force to which a contingent or a member of the Defence Forces may be assigned to for service outside the State for any purpose specified in section 3 of the Act of 2006;

"International United Nations Force" has the same meaning as in the Act of 2006;

"operational control" means the authority delegated to a Force Commander in respect of a contingent assigned to him or her so that the Force Commander may—

(a) accomplish certain missions or tasks which are limited by function, time or location,

(b) deploy the contingent, and

(c) retain or assign tactical control of the contingent,

but does not include the authority to assign separate employment of any component of the contingent.

(2) In accordance with this Act, the Minister may delegate to a Force Commander the operational control of a contingent, or member, of the Defence Forces.

(3) A delegation of operational control by the Minister under subsection (2) may be subject to such exceptions and limitations as he or she, having had regard to such requirements as may be necessary for the efficient operation of the mission concerned, may from time to time determine.

(4) A delegation of operational control by the Minister under subsection (2) shall—

(a) be in writing

(b) be issued to the Force Commander of the mission concerned,

(c) in so far as is necessary for the efficient operation of a mission, provide that each member of the Defence Forces assigned to an international force led by a Force Commander shall comply with every lawful order issued to him or her by a member of the international force in his or her military chain of command, subject to any exclusion as may be specified in the delegation,

(d) in so far as is necessary for the efficient operation of a mission, provide that the military police component of the international force under the authority of the Force Commander may arrest and detain a member of the Defence Forces, provided that such member is handed over as soon as practicable to the contingent commander, or the designated senior officer, of the Defence Forces,

(e) provide that each member of the Defence Forces in respect of whom the delegation is made shall cooperate with the military police component of the international force, and

(f) include any other ancillary provisions as he or she considers necessary for the efficient operation of the mission concerned.

Chapter II.

18. Constitution of the Defence Forces.

18.—The Defence Forces shall consist of—

(a)a defence force to be called and known as na Buan--Óglaigh or (in English) the Permanent Defence Force, comprising army, naval and air components, and

(b)a defence force to be called and known as na hÓglaigh Cúltaca or (in English) the Reserve Defence Force, comprising army, naval and air components.

19. Constitution of the Permanent Defence Force.

19.—The Permanent Defence Force shall consist of—

(a)persons who are appointed thereto as officers and are for the time being officers of the Permanent Defence Force,

(b)persons who are enlisted therein as men under F22[section 53, 53A or 54] and are for the time being men of the Permanent Defence Force,

(c)persons who, having enlisted therein as men under section 53 and having been transferred to the Reserve Defence Force under section 70, re-enter the Permanent Defence Force under subsection (3) of section 63 and are for the time being men of the Permanent Defence Force, and

(d)persons who are for the time being members of the Army Nursing Service.

20. Constitution of the Reserve Defence Force.

20.—The Reserve Defence Force shall consist of—

(a)persons who are appointed thereto as officers and are for the time being officers of the Reserve Defence Force,

(b)persons who are transferred thereto as men from the Permanent Defence Force under section 70 and are for the time being reservists, and

(c)persons who are directly enlisted therein as men under section 55 and are for the time being reservists.

21. Classes of the Reserve Defence Force.

21.—(1)The Reserve Defence Force shall be divided into the following classes—

(a)a class to be called the Reserve of Officers (First Line) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

(b)a class to be called the Reserve of Officers (An Fórsa Cosanta Aitiúil) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

(c)a class to be called the Reserve of Officers (An Slua Muirí) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

(d)a class to be called the Reserve of Men (First Line) which shall consist of—

(i)men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who, having enlisted under section 53, are transferred to the Reserve Defence Force in pursuance of section 70 and are for the time being reservists,

(ii)men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(iii)such reservists as may from time to time stand assigned to that class under section 62,

(e)a class to be called the Reserve of Men (An Fórsa Cosanta Aitiúil) which shall consist of—

(i)men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii)such reservists as may from time to time stand assigned to that class under section 62,

(f)a class to be called the Reserve of Men (An Slua Muirí) which shall consist of—

(i)men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii)such reservists as may from time to time stand assigned to that class under section 62,

(g)such other classes as may be constituted by the Minister under subsection (2) or (3) of this section.

(2)(a)The Minister may by regulations constitute such and so many classes of officers of the Reserve Defence Force as he thinks fit and assign to any class so constituted such title as he thinks fit.

(b)A class of the Reserve Defence Force constituted under this subsection shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44.

(3)(a)The Minister may by regulations constitute such and so many classes of reservists as he thinks fit and assign to any class so constituted such title as he thinks fit.

(b)A class of the Reserve Defence Force constituted under this subsection shall consist of—

(i)men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii)such reservists as may from time to time stand assigned to that class under section 62.

(4)If at any time there are no members of the Reserve Defence Force for the time being assigned to a particular class of the Reserve Defence Force, the Minister may by regulations abolish that class.

(5)The Minister may from time to time by regulations substitute for the existing title of a particular class of the Reserve Defence Force such other title as he thinks fit and specifies in the regulations.

22. Organisation of the Defence Forces.

22.—(1)The Defence Forces shall be organised into such staffs, units and other elements as may be prescribed.

(2)The numerical establishment F23[of the Defence Forces and the number in each rank thereof] shall be such as may be prescribed.

23. Service corps.

23.—The Minister may by regulations declare that any military body (being a staff, unit or other element organised under section 22) or any combination of such military bodies shall be a service corps for the purposes of this Act and assign to that service corps such title as he thinks fit.

24. Commissioned ranks in the Defence Forces.

24.—(1)(a)The several ranks set out in column (2) of the Second Schedule to this Act shall be the commissioned army ranks in the Defence Forces.

(b)Any commissioned army rank set out in column (2) of the Second Schedule to this Act before any other commissioned army rank shall be higher than that other commissioned army rank.

(2)(a)The several ranks set out in column (3) of the Second Schedule, to this Act shall be the commissioned naval ranks in the Defence Forces.

(b)Any commissioned naval rank set out in column (3) of the Second Schedule to this Act before any other commissioned naval rank shall be higher than that other commissioned naval rank.

F24[(3) For the purposes of this Act—

(a) the commissioned army rank set out in column (2) of the Second Schedule to this Act at any reference number (being reference number 2, 3, 4, 5, 6, 7, 8 or 9) shall be deemed to correspond to the commissioned naval rank set out in column (3) of the said Second Schedule at that reference number;

(b) the commissioned army rank set out in column (2) of the said Second Schedule at reference number 10 shall be deemed to correspond to each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 10;

(c) the commissioned naval rank set out in column (3) of the said Second Schedule at any reference number (being reference number 2, 3, 4, 5, 6, 7, 8 or 9) shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at that reference number;

(d) each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 10 shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at reference number 10.]

(4)Subject to subsection (5), the Minister may—

(a)direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (c) of this subsection) a particular commissioned army rank (not being that of second-lieutenant) shall, in lieu of that commissioned army rank, hold the corresponding commissioned naval rank,

(b)direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (d) of this subsection) the commissioned army rank of second-lieutenant shall, in lieu of that commissioned army rank, hold such one of the following commissioned naval ranks, namely, ensign and midshipman, as may be specified in the direction,

(c)direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (a) of this subsection) a particular commissioned naval rank (not being that of ensign or midshipman) shall, in lieu of that commissioned naval rank, hold the corresponding commissioned army rank,

(d)direct that an officer who holds (whether by virtue of his appointment thereto or a direction under paragraph (b) of this subsection) the commissioned naval rank of ensign or midshipman shall, in lieu of that commissioned naval rank, hold the commissioned army rank of second-lieutenant,

and any such direction shall have effect according to the tenor thereof.

(5)A direction shall not be given in respect of an officer under subsection (4) of this section except with his consent.

25. Non-commissioned ranks in the Defence Forces.

25.—(1)(a)The several ranks set out in column (2) of the Third Schedule to this Act shall be the non-commissioned army ranks in the Defence Forces.

(b)Any non-commissioned army rank set out in column (2) of the Third Schedule to this Act before any other non-commissioned army rank shall be higher than that other non-commissioned army rank.

(2)(a)The several ranks set out in column (3) of the Third Schedule to this Act shall be the non-commissioned naval ranks in the Defence Forces.

(b)Any non-commissioned naval rank set out in column (3) of the Third Schedule to this Act before any other non-commissioned naval rank shall be higher than that other non-commissioned naval rank.

(3)The Minister may by regulations declare that, in relation to any particular service corps, the holder of non-commissioned army rank therein shall, in lieu of holding a rank specified in column (2) of the Third Schedule to this Act, hold such other equivalent rank as may be specified in such regulations and, in that case, references in any Saorstát Éireann statute or in any Act of the Oireachtas (whether passed before or after this Act), or in any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), to a rank specified in the said column (2) shall as respects that service corps be construed as references to the equivalent rank specified in such regulations.

(4)The Minister may by regulations divide any non-commissioned army rank or non-commissioned naval rank into such and so many grades as he thinks fit and assign to each of those grades such distinctive description as he thinks fit.

(5)The Minister may by regulations divide any non-commissioned naval rank into such and so many ratings as he thinks fit and assign to each of those ratings such distinctive description as he thinks fit.

(6)For the purposes of this Act—

(a)the non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall be deemed to correspond to the non-commissioned naval rank set out in column (3) of the said Third Schedule at that reference number;

(b)the non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall be deemed to correspond to the non-commissioned army rank set out in column (2) of the said Third Schedule at that reference number.

(7)Subject to subsection (8), the Minister may—

(a)direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph (b) of this subsection) a particular non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall, in lieu of that non-commissioned army rank, hold the corresponding non-commissioned naval rank,

(b)direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph (a) of this subsection) a particular non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall, in lieu of that non-commissioned naval rank, hold the corresponding non-commissioned army rank,

and any such direction shall have effect according to the tenor thereof.

(8)A direction shall not be given in respect of a man under subsection (7) of this section except with his consent.

26. General regulations in relation to the Defence Forces.

26.—F25[(1)] The Minister may make regulations, not inconsistent with this Act, in relation to all or any of the matters mentioned in the Fourth Schedule to this Act.

F26[(2) Regulations under this section may—

(a) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving full effect to this Act,

(b) apply either generally or by reference to a specified category or categories of persons.]

Chapter III.

27. Establishment of educational institutions.

27.—(1)The Minister may establish a Military College and so many other institutions as he thinks necessary for the training and instruction of members of the Defence Forces.

(2)The Minister may make regulations in relation to all or any of the following matters—

(a)the staff of institutions established under this section,

(b)the persons to be admitted to such institutions,

(c)the curricula of such institutions,

(d)the duration and description of the courses of instruction and training in such institutions,

(e)the examinations to be held in such institutions,

(f)the management, control and good government of such institutions.

28. Other educational arrangements.

28.—(1)The Minister may, with the consent of the Minister for Finance, arrange for the instruction of members of the Defence Forces—

(a)outside the State, or

(b)at institutions other than those established under section 27.

(2)All members of the Defence Forces shall be instructed in giving and receiving in the Irish language such commands and directions as are necessitated by the routine duties of their ranks and appointments.

29. Cadetships.

29.—The Minister may make regulations in relation to cadetships.

Chapter IV.

30. Special powers in relation to defence.

30.—(1)The Minister may do all or any of the following things—

(a)construct and maintain barracks, quarters, defence works, magazines, aerodromes, ranges, harbours, piers, dock-yards, dry docks and anchorages;

(b)construct, acquire, equip, maintain and commission public armed vessels and auxiliaries thereto;

(c)construct, acquire, equip, maintain and man vessels (other than public armed vessels and auxiliaries thereto) required for defence purposes;

(d)place and maintain buoys and lights;

(e)lay mines;

(f)establish, work and maintain and contract for the establishment, working and maintenance of arms and ammunition factories and factories for the manufacture of other service equipment and stores;

(g)employ (including employ by way of apprenticeship) civilians with the Defence Forces or in a factory established under this section;

(h)subject to the provisions of this Act, all such other things as seem to him necessary for the efficient military defence of the State.

(2)Where the exercise of any of the powers conferred by subsection (1) of this section involves a charge on public funds, such powers shall be exercised only with the concurrence of the Minister for Finance.

31. Right of entry on land.

31.—(1)Any person (in this section referred to as an authorised person) authorised by the Minister in that behalf may, at any reasonable time and upon giving forty-eight hours’ previous notice in writing to the occupier thereof, enter on any land for the purpose of making thereon any inquiry, investigation or examination preliminary or incidental to the doing of anything which the Minister is authorised by this Part to do.

(2)If any person obstructs an authorised person in the exercise of the powers conferred on an authorised person by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F27[200] pounds.

32. Acquisition of land, etc., by agreement.

32.—The Minister, with the consent of the Minister for Finance, may for the purposes of this Act, by agreement, take a lease of, or take a licence to use, or acquire, any land or any right over land.

33. Compulsory acquisition of land or rights over land.

33.—(1)If and whenever the Minister thinks proper to acquire compulsorily any land or right over land for the purposes of this Act, he may, with the consent of the Minister for Finance, by order declare his intention to so acquire such land or right over land, and every such order shall operate to confer on the Minister power to acquire compulsorily the land or the right over land mentioned therein under and in accordance with this section.

(2)Compensation shall be paid by the Minister for land compulsorily acquired by the Minister under this section to the several persons having estates or interests therein and for any right over land compulsorily acquired by the Minister under this section to the owner thereof, and such compensation shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and for this purpose the Minister shall be deemed to be a public authority within the meaning of the said Act.

(3)(a)At any time after the Minister becomes entitled under subsection (1) of this section to acquire compulsorily any land or right over land and before conveyance or ascertainment of compensation, the Minister may, subject to the subsequent provisions of this subsection, enter on and take possession of that land or terminate that right.

(b)Where the Minister exercises any power conferred on him by paragraph (a) of this subsection, then—

(i)subject to subparagraph (ii) of this paragraph, the Minister shall pay to the person, who is the occupier of the land entered on or the owner of the right over land terminated, interest on the amount of the compensation payable to such person at the rate of three per cent. per annum from the date on which such power was exercised until payment of such compensation,

(ii)if—

(I)the Minister has made an unconditional offer in writing of any sum as such compensation to such person, and

(II)the offer is not accepted by such person, and

(III)the sum awarded as compensation by the official arbitrator to such person does not exceed the sum so offered,

no interest shall be payable on such compensation in respect of any period after the date of the offer.

(c)The Minister shall not—

(i)enter on or take possession of any land under paragraph (a) of this subsection without giving to the occupier thereof at least one months’s or, in case of an occupied dwellinghouse, three months’ previous notice in writing of his intention to do so, or

(ii)terminate any right over land under paragraph (a) of this subsection without giving the owner thereof at least one month’s notice of his intention to do so.

(d)A notice under paragraph (c) of this subsection may be given to any person by sending it by post in an envelope addressed to that person at his usual or last known address.

(e)Where, for any reason, the envelope mentioned in paragraph (d) of this subsection cannot be addressed in the manner provided by that paragraph, it may be addressed to the person for whom it is intended in either or both of the following ways—

(i)by the description “the occupier” or “the owner” (as the case may be) without stating his name,

(ii)at the land or the situation of the property to which the notice contained in the envelope relates.

34. User of land by the Minister.

34.—(1)The Minister may use any land vested in or occupied by him for such purposes connected with his powers and duties under this Act and in such manner as he thinks proper.

(2)Where any land vested in or occupied by the Minister abuts on any foreshore, sea or tidal water, the rights conferred by subsection (1) of this section shall include the right to carry on artillery, rifle, bombing or other army, naval or air practices on or over such foreshore, sea or tidal water.

35. Right of Minister to erect and maintain certain apparatus on land in vicinity of service aerodromes.

35.—(1)F28[(a)The Minister may cause to be erected, placed and attached upon, in or to any land or building in the vicinity of any other land (including an aerodrome) vested in or occupied by him, and may thereafter maintain and use, such apparatus (including electric lines) as he considers necessary for the purpose of indicating any position or any obstruction or of signalling or supplying information to persons navigating aircraft in such vicinity.]

(b)Before erecting, placing or attaching any apparatus upon, in or to any land or building in pursuance of this subsection, the Minister shall give one month’s previous notice to the owner and occupier thereof indicating his proposal.

(c)If any person wilfully obstructs or destroys, tampers with, pulls down, or defaces any apparatus erected, placed or attached upon, in or to any land or building in pursuance of this subsection, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F29[1,000] pounds.

(2)(a)For the purposes of exercising the powers conferred by subsection (1) of this section any authorised person and any persons acting under his direction may enter upon and pass over (with or without vehicles) any land.

(b)If any person (in this paragraph referred to as the offender) obstructs an authorised person or any person acting under his direction in the exercise of the powers conferred by this subsection, the offender shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F30[1,000] pounds.

(c)In this subsection the expression “authorised person” means any person belonging to a class authorised in writing by the Minister to exercise the powers conferred by this subsection on authorised persons.

(3)If any person having an estate or interest in land proves that his estate or interest is injuriously affected by the exercise of the powers conferred by subsection (1) of this section, he shall be entitled to recover from the Minister compensation for the injury to that estate or interest, and any question whether compensation is payable under this section or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

36. Restrictions on use of land in vicinity of service aerodromes.

36.—(1)Whenever the Minister is of opinion that the unrestricted use of a particular area of land in the vicinity of an aerodrome vested in or occupied by him would interfere with the navigation of aircraft flying to or from that aerodrome, he may by order (in this section referred to as a protected area order) do the following things—

(a)declare that particular area of land shall be a protected area for the purposes of the order,

(b)declare that, within the protected area, it shall not be lawful for any person, save under and in accordance with a permit granted by the Minister, to erect or add to any building or to erect or place any post, pole or other thing so that any part of the building, post, pole or thing (in this section referred to as an obstruction) will be at a greater height than that fixed by the order.

(2)The following provisions shall apply in respect of every protected area order—

(a)the Minister shall cause the order to be published in the Iris Oifigiúil and in such newspapers circulating in the area to which the order relates as the Minister thinks proper,

(b)the order may divide the area to which it relates into such and so many sub-areas as the Minister thinks fit and, in that case, may contain different provisions in relation to each of those sub-areas,

(c)the order may exempt from its operation any specified obstructions or class of obstructions,

(d)there shall be attached to the order a map showing the area to which the order relates and, where that area is divided into sub-areas, each of those sub-areas,

(e)the map attached to the order may be omitted from the order in any publication thereof in pursuance of paragraph (a) of this subsection, but copies of the order with the map attached thereto shall be deposited in the office of the Department of Defence, Parkgate, Dublin, and shall be there kept open for public inspection at all reasonable times.

(3)The Minister may by order under this subsection revoke or amend a protected area order.

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

(5)The Minister may grant permits for the purposes of a protected area order, and the following provisions shall apply in relation to any permit so granted—

(a)the Minister may—

(i)attach to it such conditions as he thinks fit,

(ii)revoke or amend it;

(b)the permit shall not operate as a release from any restrictions imposed under the Town and Regional Planning Acts, 1934 and 1939, or any other enactment and applicable to the area to which the order relates.

(6)(a)If any person, having an estate or interest in land within an area to which a protected area order applies, proves that his estate or interest is injuriously affected by the refusal of the Minister to grant him a permit or by any conditions attached to a permit granted to him by the Minister, he shall be entitled to recover compensation from the Minister for the injury to that estate or interest, and any question whether compensation is payable under this subsection or as to the amount of any compensation so payable shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

(b)Where a person would, but for this paragraph, be entitled to compensation under this subsection and also under any other enactment in respect of the same matter, he shall not be entitled to compensation in respect of that matter under both this subsection and that other enactment, but may elect to receive compensation under either this subsection or that other enactment.

(7)If any person erects or adds to a building or erects or places any post, pole or other thing in contravention of a protected area order—

(a)that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding F31[1,000] pounds, and

(b)the Minister may, whether or not any proceedings are taken in respect of the offence, cause such alterations to be made in the building, post, pole or thing in respect of which the contravention took place as may be necessary in his opinion to ensure compliance with the order, and the expenses incurred by the Minister in so doing shall be recoverable by the Minister from the person by whom the contravention is committed as a simple contract debt in any court of competent jurisdiction.

37. Billeting during a period of emergency.

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

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

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

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

(iv)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;

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

(vi)providing for any matter or thing ancillary to the matters aforesaid.

(b)The references in paragraph (a) of this subsection to occupiers of premises shall, in the case of premises which are unoccupied, be construed as references to the owners of those premises.

(2)If any person contravenes (by act or omission) any regulation made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F32[200] pounds.

(3)There shall be paid to persons providing lodging, attendance, food, stabling, forage or garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.

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

(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.

38. Billeting in peace time.

38.—F33[…]

39. Exercise of powers vested in holder of military office.

39.—Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any military office may be exercised by, or be done by, to, or before any other person for the time being authorised in that behalf according to the custom of the service or according to rules of procedure or according to regulations made by the Minister.

40. Provisions as to orders of military authorities.

40.—(1)Where any order is authorised by or under this Act to be made by the Chief of Staff, the Adjutant-General or the Quartermaster-General or by any general, flag or other officer in command, such order may be signified by an order, instruction or letter under the hand of any officer authorised to issue orders on behalf of the Chief of Staff, the Adjutant-General or the Quartermaster-General or the general, flag or other officer in command, and an order, instruction or letter purporting to be signed by an officer appearing therein to be so authorised shall be evidence of his being so authorised.

(2)Subsection (1) of this section shall extend to any order or direction issued in pursuance of this Act in relation to any F34[…] military prisoner or man undergoing detention, and any such order or direction shall not be held invalid by reason of the death or removal from office of the officer signing or ordering the issue of such order or direction or by reason of any defect in such order or direction, if it be alleged in such order or direction that the F34[…] military prisoner or man undergoing detention has been convicted and that there is a good and valid conviction to sustain the order or direction.

(3)An order in any case if issued in the prescribed form shall be valid, but an order deviating from the prescribed form, if otherwise valid, shall not be rendered invalid by reason only of such deviation.

PART IV. Personnel of the Defence Forces.

Chapter I.

41. Persons eligible to be appointed officers.

41.—Each of the following persons shall be eligible to be appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force, that is to say:—

(a)Irish citizens;

(b)any other persons specially approved by the Minister.

42. Appointment of officers, and commissions.

42.—(1)The President may appoint any eligible person to be an officer of the Permanent Defence Force or the Reserve Defence Force in any commissioned rank, and any such appointment may be without limitation as to time or may be for a specified period or be temporary.

(2)Where a person is appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force, a commission shall be issued to him and such commission shall be,—

(a)in case there is an elected President in office exercising and performing the powers and functions of his office, either in the form set out in Part I of the Fifth Schedule to this Act or in the form set out in Part II of the said Schedule and be sealed with the official seal of the President,

(b)in any other case, either in the form set out in Part III of the Fifth Schedule to this Act or in the form set out in Part IV of the said Schedule and be sealed with the official seal of the President.

(3)Where the appointment of a person to be an officer is for a specified period or temporary, words indicating the period of appointment or the word “sealadach” or (in English) “temporary” shall (as the case may require) be endorsed on the commission.

(4)If an error occurs in a commission issued under subsection (2) of this section, it may, by direction of the President, be amended by correcting such error.

43. Oath to be taken by officers.

43.—(1)Every person appointed to be an officer of the Permanent Defence Force shall take an oath or make a declaration either in the form set out in Part I of the Sixth Schedule to this Act or in the form set out in Part II of the said Schedule.

(2)Every person appointed to be an officer of the Reserve Defence Force shall take an oath or make a declaration either in the form set out in Part I of the Seventh Schedule to this Act or in the form set out in Part II of the said Schedule.

(3)The oath or declaration mentioned in subsection (1) or (2) of this section shall be taken or made within the prescribed time and in the prescribed manner before a prescribed officer.

(4)If any person appointed to be an officer of the Permanent Defence Force or the Reserve Defence Force refuses or neglects to take the oath or make the declaration required by this section to be taken or made by him within the time and in the manner mentioned in subsection (3) of this section, he shall be deemed to have tendered the resignation of his commission and such resignation shall be deemed to have been accepted at the expiration of that time.

44. Assignment of officer of Reserve Defence Force to a particular class of the Reserve Defence Force.

44.—(1)Where a person is appointed to be an officer of the Reserve Defence Force, such person shall, on appointment, be assigned by the Minister to a particular class of the Reserve Defence Force.

(2)An officer of the Reserve Defence Force who for the time being belongs to a particular class of the Reserve Defence Force may, with his own consent, be assigned by the Minister to another class of the Reserve Defence Force.

(3)In this section, the expression “class of the Reserve Defence Force” means any class of the Reserve Defence Force being—

(a)the Reserve of Officers (First Line), or

(b)the Reserve of Officers (An Fórsa Cosanta Aitiúil), or

(c)the Reserve of Officers (An Slua Muirí), or

(d)any class constituted under subsection (2) of section 21.

45. Promotion of officers.

45.—(1)The Minister may, in accordance with regulations made by him, promote any officer to a higher substantive rank.

(2)The Minister may, in accordance with regulations made by him, promote any officer holding a substantive rank or an acting rank to a higher acting rank.

(3)An officer promoted to a higher acting rank shall at any time thereafter, on a direction to that effect being given by the Minister, revert to his substantive rank or, if so directed, to an acting rank higher than his substantive rank.

46. Placing of officer on half-pay.

46.—The Minister may, in accordance with regulations made by him, place an officer on half-pay for a period not exceeding one year.

47. Retirement of officers of the Permanent Defence Force.

47.—(1)In this section, the word “officer” means an officer of the Permanent Defence Force.

(2)An officer may, for any prescribed reason, be retired by the President.

(3)An officer whose appointment as an officer is temporary may at any time be retired by the President.

(4)(a)An officer of a prescribed description (which may be prescribed by reference to rank or appointment or both or such other matters as the Minister thinks proper) shall retire on reaching the age prescribed as the age for retirement for officers of that description.

(b)Subject to such conditions as may be prescribed, the Minister may permit an officer, who is required by paragraph (a) of this subsection to retire on a particular date, to continue, after that date, to serve as an officer for such further period (not exceeding one hundred and twenty-two days) as the Minister may fix in respect of him and, in that case, such officer shall retire on the expiration of the further period so fixed in respect of him.

(5)An officer whose appointment as an officer is for a specified period shall retire on the expiration of that period.

(6)An officer who would, on retirement, be eligible, by virtue of length of service, for retired pay or a gratuity under any scheme made under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), may, with the permission of the Minister, retire.

(7)An officer who is retired or who retires shall cease to be an officer.

48. Relinquishment of commissions by officers of the Reserve Defence Force.

48.—(1)In this section, the word “officer” means an officer of the Reserve Defence Force.

(2)The President may, for any prescribed reason, direct that an officer shall relinquish his commission and in any such case such officer shall relinquish his commission.

(3)The President may direct that an officer whose appointment as an officer is temporary shall relinquish his commission and in any such case such officer shall relinquish his commission.

(4)An officer of a prescribed description (which may be prescribed by reference to rank or appointment or both or such other matters as the Minister thinks proper) shall relinquish his commission on reaching the age prescribed as the age for the relinquishment of commissions by officers of that description.

(5)An officer whose appointment as an officer is for a specified period shall relinquish his commission on the expiration of that period.

F36[(6)An officer shall relinquish his or her commission if he or she—

(a) is elected as a member of either House of the Oireachtas or the European Parliament,

(b) is nominated as a member of Seanad Éireann, or

(c) is regarded under Part XIII of the Second Schedule to theEuropean Parliament Elections Act 1997as having been elected to the European Parliament.]

(7)An officer who relinquishes his commission shall cease to be an officer.

49. Resignation of officers.

49.—(1)An officer may, in the prescribed manner, tender to the President the resignation of his commission.

(2)The President may accept or refuse to accept the resignation of his commission tendered by an officer.

(3)An officer who has tendered the resignation of his commission shall not, by reason merely of such tender, be relieved of his military duties.

(4)Where the resignation by an officer of his commission is accepted, such officer shall cease to be an officer.

50. Dismissal of officers.

50.—(1)The President may dismiss any officer.

(2)Except in the case of an officer who is sentenced by a civil court to suffer F37[…] F38[…] imprisonment for a term exceeding six months or who is absent without leave for a period exceeding three months, an officer shall not be dismissed under this section unless or until the reasons for the proposed dismissal have been communicated to him and such officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed dismissal.

(3)An officer who is dismissed shall cease to be an officer.

F39[(4) This section shall not apply to a military judge.]

51. Effective dates of appointment, etc., of officers.

51.—(1)The following—

(a)the appointment of a person to be an officer of the Permanent Defence Force or the Reserve Defence Force,

(b)the retirement, under subsection (2) or (3) of section 47, of an officer of the Permanent Defence Force,

(c)the relinquishment of his commission, under subsection (2) or (3) of section 48, by an officer of the Reserve Defence Force,

(d)the resignation by an officer of his commission,

(e)the dismissal of an officer under section 50,

shall, in each case, take effect from such date as the President may fix.

(2)The retirement under subsection (6) of section 47 of an officer of the Permanent Defence Force shall take effect from such date as the Minister may fix.

(3)The following—

(a)the promotion of an officer to higher substantive or acting commissioned rank,

(b)the reversion of an officer holding acting commissioned rank to his substantive commissioned rank or to acting commissioned rank higher than his substantive commissioned rank,

shall take effect as from such date as the Minister may fix.

52. Notification of appointments, etc., in Iris Oifigiúil.

52.—Notice of the appointment of a person to be an officer, the dismissal (including dismissal by sentence of a court-martial) or the retirement of an officer or the relinquishment or the resignation by an officer of his commission and of the date on which such appointment, dismissal, retirement, relinquishment or resignation (as the case may be) takes effect shall be published in the Iris Oifigiúil.

Chapter II.

53. Enlistment in the Permanent Defence Force for service during a fixed period either in the Permanent Defence Force or partly in the Permanent Defence Force and partly in the Reserve Defence Force.

53.—(1)(a)A person F40[…] may be enlisted as a man of the Permanent Defence Force for service for a period of twelve years or for such less period as may from time to time be prescribed, but not for any longer period, and the period for which a person enlisting under this section is enlisted is in this Act referred to as the term of his original enlistment.

(b)The Minister, in special cases or classes of cases, may direct that where a F41[person] is enlisted under this section F42[, prior to its amendment by section 3 of theDefence (Amendment) Act 2021,] before attaining the age of eighteen years the period of twelve years mentioned in paragraph (a) of this subsection shall be reckoned from the day on which F43[he or she attains] the age of eighteen years.

(2)The enlistment of a person under this section shall be as follows, either—

(a)for the whole of the term of his original enlistment in the Permanent Defence Force, or

(b)for such portion of the term of his original enlistment as may from time to time be prescribed and as is specified in his attestation paper in the Permanent Defence Force and for the residue of the said term in the Reserve Defence Force.

53A. F44[Re-enlistment of formerly enlisted persons

53A.—(1) A person who was formerly enlisted in the Permanent Defence Force—

(a) who has served the full term of his or her original enlistment in accordance with section 53 (and, if applicable, any periods of service authorised under section 64 or 65), or

(b) who was discharged in accordance with section 75,

may, subject to subsection (2), be re-enlisted as an enlisted person of the Permanent Defence Force for a specified period as determined by the Minister.

(2) A person may only be re-enlisted under subsection (1) where the Minister determines that this course of action will address a deficiency, within the Defence Forces, of necessary skills or expertise which, in his or her opinion, cannot be met through the use of existing personnel resources.

(3) A person re-enlisted under subsection (1) may have that period of service extended for such further termF45[or terms]as the Minister may determine, having regard to any deficiency within the Defence Forces of necessary skills or expertise which, in his or her opinion, cannot be met through the use of the then existing personnel resources.

(4) Sections 53, 63, 64, 65 and 70 shall not apply to a person re-enlisted under this section.]

54. Enlistment in the Permanent Defence Force for service during a period of emergency.

54.—A person F46[…] may during a period of emergency be enlisted as a man of the Permanent Defence Force to serve for that period of emergency in the Permanent Defence Force.

55. Direct enlistment in the Reserve Defence Force for service during a fixed period.

55.—(1)(a)A person F47[…] may be directly enlisted to serve as a man of the Reserve Defence Force for a period of twelve years or for such less period as may from time to time be prescribed, but not for any longer period, and the period for which a person enlisting under this section is enlisted is in this Act referred to as the term of his original enlistment.

(b)The Minister, in special cases or classes of cases, may direct that where a F48[person] is enlisted under this section F49[, prior to its amendment by section 3 of theDefence (Amendment) Act 2021,] before attaining the age of eighteen years the period of twelve years mentioned in paragraph (a) of this subsection shall be reckoned from the day on which F50[he or she attains] the age of eighteen years.

(2)The enlistment of a person under this section shall be for the whole of the term of his original enlistment in the Reserve Defence Force.

(3)A person enlisted under this section shall be enlisted for service in a particular class of reservists.

56. Recruiting regulations.

56.—(1)The Minister may make regulations (in this Act referred to as recruiting regulations) in relation to all or any of the following matters, that is to say:—

(a)the appointment and duties of recruiters;

(b)the persons authorised to enlist recruits for the Permanent Defence Force and the Reserve Defence Force;

(c)the manner in which recruits are to be enlisted;

(d)the forms to be used for the purposes of enlistment;

(e)the persons to be enlisted;

(f)the enlistment of recruits for service in a particular service corps;

(g)the enlistment of recruits in the Reserve Defence Force for service in a particular class of reservists;

(h)any other matter in relation to proceedings for enlistment.

(2)Recruiting regulations shall provide for the completion by a person enlisting in the Permanent Defence Force or the Reserve Defence Force of an attestation paper in the prescribed form and the signing by such person of such attestation paper and the verification of his signature.

57. Mode of enlisting recruits.

57.—Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall be enlisted in accordance with recruiting regulations.

58. Oath on enlistment.

58.—(1)Every person enlisting in the Permanent Defence Force under F51[section 53 or 53A] shall take an oath or make a declaration either in the form set out in Part I of the Eighth Schedule to this Act or in the form set out in Part II of the said Schedule.

(2)Every person enlisting in the Permanent Defence Force under section 54 shall take an oath or make a declaration either in the form set out in Part I of the Ninth Schedule to this Act or in the form set out in Part II of the said Schedule.

(3)Every person enlisting in the Reserve Defence Force under section 55 shall take an oath or make a declaration either in the form set out in Part I of the Tenth Schedule to this Act or in the form set out in Part II of the said Schedule.

(4)The oath or declaration mentioned in subsection (1), (2) or (3) of this section shall be taken or made before a prescribed officer.

(5)The oath taken or declaration made in pursuance of this section by a person enlisting in the Permanent Defence Force or the Reserve Defence Force shall bind such person to serve in accordance with his engagement and the tenor of such oath or declaration until he is legally discharged.

59. Effect of signing declaration required by attestation paper and complying with section 58.

59.—Every person enlisting in the Permanent Defence Force or the Reserve Defence Force shall, upon—

(a)signing a declaration affirming such particulars in relation to himself as may be required by his attestation paper and of his willingness to fulfil the engagements set out in the said attestation paper, and

(b)complying with section 58,

be deemed to be enlisted as a man of the Permanent Defence Force or the Reserve Defence Force (as the case may be), and, for the purposes of this Act, the date of the attestation of such person shall be the date on which he signs the said declaration and complies with section 58.

60. Enlistment for general service and appointment to service corps.

60.—(1)Recruits may, in pursuance of regulations from time to time made by the Minister, be enlisted for service in a particular service corps, but save as provided in such regulations (if any) recruits shall be enlisted for general service.

(2)The prescribed military authority shall as soon as practicable appoint a recruit, if enlisted for service in a particular service corps, to that service corps and, if enlisted for general service, to some service corps.

61. Transfer of men of Permanent Defence Force enlisted under section 53 from one service corps to another.

61.—(1)This section applies only to men of the Permanent Defence Force F52[who were enlisted under section 53 before the commencement of section 8 of the Defence (Amendment) Act 2007].

(2)The following provisions shall apply in respect of a man of the Permanent Defence Force enlisted for general service—

(a)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,

(b)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

F53[(ia)the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations ForceF54[…], or]

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

(3)Where a man of the Permanent Defence Force is enlisted for service in a particular service corps, he may be transferred by order of the prescribed military authority to another service corps, if, but only if, he consents to such transfer F55[or the transfer is for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations Force F56[…]].

(4)The provisions of this section shall have effect subject to subsection (2) of section 296.

F57[(5)A man of the Permanent Defence Force who by virtue of this sectionF58[…]is transferred from one service corps to another service corps for the purpose of enabling the man to serve, or continue to serve, outside the State with an International United Nations ForceF59[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], shall, on the completion of such service, be transferred by the prescribed military authority with all convenient speed to the first mentioned service corps.]

62. Assignment of reservists to a particular class of reservists.

62.—(1)A reservist enlisted under section 55 for service in a particular class of reservists shall be assigned by the prescribed military authority to that class of reservists.

(2)A reservist who for the time being belongs to a particular class of reservists may, with his own consent, be assigned by the Minister to another class of reservists.

63. Change of conditions of service of men enlisted under section 53.

63.—(1)(a)This subsection applies to a man of the Permanent Defence Force who is enlisted under section 53.

(b)The Minister may by regulations vary the conditions of service of a man to whom this subsection applies so as to permit him, with the consent of the Minister:—

(i)to enter the Reserve Defence Force at any time for the residue unexpired of the term of his original enlistment, or

(ii)to extend his service in the Permanent Defence Force for all or any part of the residue unexpired of the term of his original enlistment.

(c)A man to whom this subsection applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

(d)Where a man to whom this subsection applies extends the term of his original enlistment under this subsection, any subsequent reference in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

(2)(a)This subsection applies to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70.

(b)A reservist to whom this subsection applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

(c)Where a reservist to whom this subsection applies extends the term of his original enlistment under this subsection, any subsequent reference (including the reference in subsection (3) of this section) in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

(3)(a)This subsection applies to a reservist who, having been enlisted in the Permanent Defence Force under section 53, has been transferred to the Reserve Defence Force under section 70.

(b)The Minister may by regulations vary the conditions of service of a reservist to whom this subsection applies so as to permit him, with the consent of the prescribed military authority, to re-enter the Permanent Defence Force for all or any of the residue unexpired of the term of his original enlistment.

(4)Regulations under paragraph (b) of subsection (1) or under subsection (3) of this section may be expressed to be applicable generally or in specified cases only.

64. Re-engagement of men of the Permanent Defence Force enlisted under section 53.

F60[64.—(1) Subject tosubsection (2)and any regulations that may be made undersubsection (3), a member of the Permanent Defence Force enlisted undersection 53(in this section referred to as an "enlisted member") may, after the expiration of 9 years, reckoned from the date of the enlisted member’s attestation, apply for and be re-engaged for a further period of service in the Permanent Defence Force which shall continue until the earlier of the following occurs:

(a) that enlisted member’s service makes up a total continuous period not exceeding 21 years’ service reckoned as aforesaid;

(b) that enlisted member attains the upper age limit permitted for continuance in service as prescribed in regulations made by the Minister under this Act.

(2) The re-engagement of an enlisted member under this section shall be subject to—

(a) the recommendation of the enlisted member’s commanding officer that the enlisted member concerned is suitable for re-engagement, and

(b) the approval by the prescribed military authority of the enlisted member concerned for re-engagement.

(3) The Minister may, in relation to an enlisted member who applies for re-engagement, make regulations prescribing the conditions that shall apply to the re-engagement of an enlisted member under this section including—

(a) the standard of physical fitness to be attained,

(b) the minimum medical classification code to be held,

(c) the military courses of instruction to be completed,

(d) the period of service outside the State to be completed within a prescribed period, and

(e) the standard of conduct to be adhered to.

(4) Regulations under this section may—

(a) make different provision in relation to different classes of enlisted members, and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

65. Continuance in service after 21 years’ service of men of the Permanent Defence Force.

65.—(1)The Minister may, as respects men of the Permanent Defence Force who have completed a total continuous period of twenty-one years’ service or (by virtue of any continuance in service under this subsection) more in the Defence Forces and who desire to continue to serve in the Permanent Defence Force, by regulations provide for their continuance in service in the Permanent Defence Force.

(2)Where a man of the Permanent Defence Force is continued in service for a particular period under subsection (1) of this section, he may be continued as a man of the Permanent Defence Force for that period in the same manner in all respects as if his term of service were still unexpired.

66. Extension of term of original enlistment of reservists enlisted under section 55.

66.—(1)This section applies to a reservist who is enlisted under section 55.

(2)A reservist to whom this section applies, with the consent of the Minister, may, if the term of his original enlistment is less than twelve years, extend, in accordance with regulations made by the Minister, the term of his original enlistment up to a period of twelve years or any shorter period.

(3)Where a reservist to whom this section applies extends the term of his original enlistment under this section, any subsequent reference in this Act to the term of his original enlistment shall be construed as a reference to the term of his original enlistment as so extended.

67. Re-engagement of reservists.

F61[67.—(1) Subject tosubsection (2)and any regulations that may be made undersubsection (3), a reservist may, after the expiration of 9 years, reckoned from the date of the reservist’s attestation, apply for and be re-engaged for a further period of service in the Reserve Defence Force which shall continue until the earlier of the following occurs:

(a) the reservist’s service will make up a total continuous period not exceeding 21 years’ service reckoned as aforesaid;

(b) the reservist attains the upper age limit permitted for continuance in service as prescribed in regulations made by the Minister under this Act.

(2) The re-engagement of a reservist under this section shall be subject to—

(a) the recommendation of the reservist’s commanding officer that the reservist concerned is suitable for re-engagement, and

(b) the approval by the prescribed military authority of the reservist concerned for re-engagement.

(3) The Minister may, in relation to a reservist who applies for re engagement, make regulations prescribing the conditions that shall apply to the re-engagement of a reservist under this section including—

(a) the standard of physical fitness to be attained,

(b) the minimum medical classification code to be held, and

(c) provision for such training as the Minister considers appropriate to be completed by a reservist who applies for re-engagement.

(4) Regulations under this section may—

(a) make different provision in relation to different classes of reservists, and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

68. Continuance in service after 21 years’ service of reservists.

68.—(1)The Minister may, as respects reservists who have completed a total continuous period of twenty-one years’ service or (by virtue of any continuance in service under this subsection) more in the Defence Forces and who desire to continue to serve in the Reserve Defence Force, by regulations provide for their continuance in service in the Reserve Defence Force.