Defence Act , 1954

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

69. Period of desertion or absence without leave to be excluded in reckoning service of man of the Permanent Defence Force.

69.—Where a man of the Permanent Defence Force enlisted under F62[section 53 or 53A] deserts or absents himself without leave, whether once or oftener, then, save as may be otherwise prescribed, each period commencing on the date on which he deserts or absents himself without leave and ending on the date on which he next surrenders himself or reports back for duty or is apprehended (as the case may be) shall be excluded in reckoning his service in the Permanent Defence Force for the purposes of this Act.

70. Transfer to the Reserve Defence Force or discharge of men of the Permanent Defence Force enlisted under section 53.

70.—(1)This section applies only to men of the Permanent Defence Force enlisted under section 53.

(2)In reckoning the service of a man of the Permanent Defence Force for the purposes of transfer to the Reserve Defence Force or discharge from the Permanent Defence Force, his service shall, subject to section 69, be reckoned from, in case he is a man in respect of whom a direction has been given under paragraph (b) of subsection (1) of section 53, the date on which he attains the age of eighteen years or, in any other case, the date of his attestation.

(3)(a)Every man of the Permanent Defence Force, upon completion of the period of his service with the Permanent Defence Force, if shorter than the term of his original enlistment, shall, subject to the provisions of this subsection, be transferred in the prescribed manner to the Reserve Defence Force,

(b)Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph (a) of this subsection, be entitled to be transferred to the Reserve Defence Force occurs while a proclamation authorising the calling out of reservists on permanent service is in force F63[or he is serving outside the State with an International United Nations Force] F64[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], the following provisions shall have effect—

(i)he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding the period during which the proclamation is in force F65[or the period of such service outside the State with an International United Nations Force F64[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], as the case may be, or, where the two periods occur and there is no interval of time between them, the period from the commencement of the period which occurs first to the expiration of the other period]) as the prescribed military authority may decide,

(ii)on the expiration of such further period—

(I)in case the term of his original enlistment has expired and he has not been re-engaged under section 64 or continued in service under section 65, he shall be discharged from the Permanent Defence Force with all convenient speed,

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

(c)Where a man of the Permanent Defence Force is required by this subsection to be transferred to the Reserve Defence Force—

(i)he shall until so transferred be subject to this Act as a man of the Permanent Defence Force,

(ii)upon such transfer, he shall, subject to subparagraph (iii) of this paragraph, become and be a man of the Reserve Defence Force for the period unexpired of the term of his original enlistment,

(iii)if, during the said period, he re-enters the Permanent Defence Force under subsection (3) of section 63, then, he shall from the date of such re-entry become and be again a man of the Permanent Defence Force in like manner in all respects as if he had not been so transferred to the Reserve Defence Force.

(4)(a)Subject to this subsection, every man of the Permanent Defence Force, upon completion of the term of his original enlistment or the period of his re-engagement under section 64 or the period of his continuance in service under section 65, shall be discharged from the Permanent Defence Force with all convenient speed.

(b)Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph (a) of this subsection, be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force F63[or he is serving outside the State with an International United Nations Force] F64[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding the period during which the proclamation is in force F65[or the period of such service outside the State with an International United Nations Force F64[or for any purpose specified in section 3 of the Defence (Amendment) Act 2006], as the case may be, or, where the two periods occur and there is no interval of time between them, the period from the commencement of the period which occurs first to the expiration of the other period]) as the prescribed military authority may direct, and at the expiration of such further period shall be discharged from the Permanent Defence Force with all convenient speed.

(5)Subsections (3) and (4) of this section shall have effect subject to subsection (3) of section 296.

(6)Where a man of the Permanent Defence Force is transferred to the Reserve Defence Force or discharged under this section, he shall be entitled to be conveyed free of cost from the place where he is so transferred or discharged to the place where he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his transfer or discharge decide to take up his residence and to which he can be conveyed without greater cost.

71. Discharge of men of the Permanent Defence Force enlisted under section 54.

71.—(1)Every man of the Permanent Defence Force enlisted under section 54 to serve for a period of emergency shall upon the expiration of that period of emergency be discharged from the Permanent Defence Force with all convenient speed.

(2)Where a man of the Permanent Defence Force enlisted under section 54 is discharged under this section, he shall be entitled to be conveyed free of cost from the place where he is discharged to the place where he appears from his attestation paper to have been resident when attested or to any place at which he may at the time of his discharge decide to take up residence and to which he can be conveyed without greater cost.

72. Discharge of reservists.

72.—(1)In reckoning the service of a reservist for the purposes of discharge from the Reserve Defence Force, his service shall, subject, if he was transferred to the Reserve Defence Force under section 70, to section 69, be reckoned from, in case he is a man in respect of whom a direction has been given under paragraph (b) of subsection (1) of section 53 or paragraph (b) of subsection (1) of section 55, the date on which he attains the age of eighteen years or, in any other case, the date of his attestation.

(2)(a)Subject to this subsection, every reservist, upon completion of the term of his original enlistment or the period of his re-engagement under section 67 or the period of his continuance in service under section 68, shall be discharged from the Reserve Defence Force with all convenient speed.

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

(c)Paragraphs (a) and (b) of this subsection shall have effect subject to subsection (2) of section 297.

(3)Where a reservist is discharged under this section and immediately before his discharge stood called out on permanent service, he shall be entitled to be conveyed free of cost from the place where he is discharged to the place which was his registered place of abode when he was called out on permanent service or to any other place at which he may at the time of his discharge decide to take up his residence and to which he can be conveyed without greater cost.

73. Discharge of men by direction of Minister or authorised officer.

73.—The Minister or any officer authorised by the Minister in that behalf may, for prescribed reasons, direct the discharge of a man from the Permanent Defence Force or the Reserve Defence Force (as the case may be).

74. F66[Discharge of reservists in certain public service positions.

74.—A reservist who is—

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

(b) nominated as a member of SeanadÉireann, or

(c) regarded under Part XIII of the Second Schedule to theEuropean Parliament Elections Act 1997as having been elected to the European Parliament to fill a vacancy,

shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.]

75. Discharge by purchase.

75.—(1)A man shall be entitled, except during a period of emergency, to his discharge from the Permanent Defence Force or the Reserve Defence Force by purchase as may be prescribed.

(2)Where—

(a)a man at any time within three months after the date of his attestation pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged, and

(b)such payment and application are not made during a period of emergency,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

(3)Where—

(a)a person has enlisted, and

(b)a period of emergency commences within three months after the date of his attestation, and

(c)such person within three months after the termination of the period of emergency pays to the Minister such sum (not exceeding twenty-five pounds) as the Minister may fix and applies to be discharged,

such person shall be discharged from the Permanent Defence Force or the Reserve Defence Force (as the case may be) with all convenient speed.

76. Discharge of persons under eighteen.

76.—F67[…]

77. Discharge of apprentices.

77.—F68[…]

78. Status of unenlisted person in receipt of pay as a man.

78.—(1)Where a person—

(a)has accepted pay as a man of the Permanent Defence Force, and

(b)has neither been attested nor re-engaged as a man of the Permanent Defence Force,

the following provisions shall have effect—

(i)such person may at any time claim his discharge, and on such claim being made he shall be discharged from the Permanent Defence Force with all convenient speed, and

(ii)until such claim is made and such person is actually discharged in the manner prescribed by regulations made under section 81, he shall be subject to this Act as a man of the Permanent Defence Force duly enlisted and attested or re-engaged.

(2)Subsection (1) of this section shall apply in respect of a person who has accepted pay, a grant or other payment as a reservist and has neither been attested nor re-engaged as a reservist, subject to the modification that references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force.

79. Status of persons enlisted or re-engaged where error or illegality in enlistment or re-engagement.

79.—(1)Where there has been an error (not being a material error) in the enlistment, attestation, re-engagement or continuance in service of a person as a man of the Permanent Defence Force, such error shall not invalidate his enlistment, attestation, re-engagement or continuance in service and may be corrected by direction of the Minister.

(2)Where—

(a)a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

(b)there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

(c)such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force, and

(d)such person, within three months after he first so accepted pay, claims his discharge on the ground of such error or illegality,

then the following provisions shall apply—

(i)such person shall be discharged from the Permanent Defence Force with all convenient speed;

(ii)during the period commencing on the date of his attestation, re-engagement or continuance in service and ending on the date on which he is discharged in the manner prescribed by regulations made under section 81 he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(3)Where—

(a)a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

(b)there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

(c)such person has after the date of his attestation, re-engagement or continuance in service (as the case may be) received pay as a man of the Permanent Defence Force, and

(d)such person does not, within three months after he first so accepted pay, claim his discharge on the ground of such error or illegality,

then such person shall, notwithstanding such error or illegality, be deemed for the purposes of this Act to have been duly attested and enlisted or re-engaged or continued in service as a man of the Permanent Defence Force.

(4)Where—

(a)a person has been attested, re-engaged or continued in service as a man of the Permanent Defence Force, and

(b)there has been any material error or any illegality in his enlistment, attestation, re-engagement or continuance in service (as the case may be), and

(c)such person has not after the date of his attestation, re-engagement or continuance in service (as the case may be) accepted pay as a man of the Permanent Defence Force,

the following provisions shall have effect—

(i)such person may at any time claim his discharge, and on such claim being made he shall be discharged from the Permanent Defence Force with all convenient speed, and

(ii)until such claim is made and such person is actually discharged in the manner prescribed by regulations made under section 81, he shall be deemed for the purposes of this Act to be a man of the Permanent Defence Force.

(5)Subsections (2), (3) and (4) of this section shall apply in respect of a person who has been attested, re-engaged or continued in service as a reservist, subject, however, to the following modifications, that is to say:—

(a)references to the Permanent Defence Force shall be construed as references to the Reserve Defence Force, and

(b)references to pay shall be construed as references to pay, a grant or other payment.

80. Order for discharge of men.

80.—Where a man is required by section 70, 71, 72, 75, F69[…] 78 or 79 to be discharged, the prescribed military authority shall order the discharge of such man from the Permanent Defence Force or the Reserve Defence Force (as the case may be).

81. Provisions in relation to discharge.

81.—(1)A man shall not be discharged from the Permanent Defence Force or the Reserve Defence Force except in pursuance of—

(a)a direction under section 73, or

(b)an order of the prescribed military authority under section 80, or

(c)a sentence of discharge with F70[disgrace] from the Defence Forces or of discharge from the Defence Forces imposed by a court-martial.

(2)The Minister may make regulations as to the manner in which and the persons by whom the discharge of men is to be carried out.

(3)Until the discharge of a person who is a man of the Permanent Defence Force or the Reserve Defence Force is carried out in accordance with regulations made under subsection (2) of this section, such person shall remain a man of the Permanent Defence Force or the Reserve Defence Force (as the case may be).

(4)Subsections (1), (2) and (3) of this section shall not apply to a reservist discharged by virtue of section 74.

82. Certificate of discharge.

82.—Where a man is discharged from the Permanent Defence Force or the Reserve Defence Force, there shall be given to him or sent to him to his last registered place of abode or to the address indicated by him on discharge a certificate of discharge in such form and containing, in relation to him, such particulars as may be prescribed.

83. Collection and disposal of moneys paid in respect of discharge of men.

83.—(1)All moneys payable in respect of the discharge of men shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(2)The Public Offices Fees Act, 1879, shall not apply in respect of any moneys payable in respect of the discharge of men.

84. Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.

84.—(1)The Minister or any officer authorised by him in that behalf may promote—

(a)any man holding a non-commissioned army rank to a higher substantive non-commissioned army rank,

(b)any man holding a non-commissioned naval rank to a higher substantive non-commissioned naval rank.

(2)The Minister or any officer authorised by him in that behalf may for a prescribed reason reduce—

(a)a non-commissioned officer holding a substantive non-commissioned army rank to a lower substantive non-commissioned army rank,

(b)a non-commissioned officer holding a substantive non-commissioned naval rank to a lower substantive non-commissioned naval rank.

(3)(a)A non-commissioned officer shall not be reduced in rank under subsection (2) of this section unless and until the reason for the proposed reduction has been communicated to him and such non-commissioned officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed reduction.

(b)Paragraph (a) of this subsection shall not apply during a period of emergency or in respect of a non-commissioned officer who is on active service.

(4)The Minister or any officer authorised by him in that behalf may promote—

(a)any man holding a substantive non-commissioned army rank or an acting non-commissioned army rank to a higher acting non-commissioned army rank,

(b)any man holding a substantive non-commissioned naval rank or an acting non-commissioned naval rank to a higher acting non-commissioned naval rank.

(5)The Minister or any officer authorised by him in that behalf may direct that—

(a)a non-commissioned officer holding an acting non-commissioned army rank shall revert to his substantive non-commissioned army rank or to an acting non-commissioned army rank higher than his substantive non-commissioned army rank,

(b)a non-commissioned officer holding an acting non-commissioned naval rank shall revert to his substantive non-commissioned naval rank or to an acting non-commissioned naval rank higher than his substantive non-commissioned naval rank.

(6)The following—

(a)any promotion under subsection (1) or (4) of this section,

(b)any reduction under subsection (2) of this section,

(c)any reversion under subsection (5) of this section,

shall take effect as from such date as the authority making the promotion or reduction or directing the reversion shall fix.

Chapter

85. Service of members of the Permanent Defence Force.

85.—Every officer and man of the Permanent Defence Force shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

Service of officers of the Reserve Defence Force.

86. Service of officers of the Reserve Defence Force.

86.—(1)Every officer of the Reserve Defence Force shall be liable for such military service or duty, within the State, as may be prescribed and, if he is employed on a State ship or service aircraft, be liable while so employed to render such military service or duty, outside the territorial seas of the State, as may be prescribed.

(2)Every officer of the Reserve Defence Force shall serve under such conditions as may be prescribed.

86A. F71[Voluntary military service of officer of Reserve Defence Force

86A.—(1)An officer of the Reserve Defence Force may notify his or her commanding officer in writing that the officer is available for deployment on supplemental military service, subject to the officers consent being given under subsection (7).

(2) A notification under subsection (1) shall specify—

(a) the nature of the supplemental military service to which the officer concerned may consent under subsection (7),

(b) the duration and frequency of the periods of supplemental military service to which the officer concerned may consent under subsection (7), and

(c) the dates from and to which the officer concerned may be available to be deployed on supplemental military service.

(3) An officer of the Reserve Defence Force who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the officer is no longer available for deployment on supplemental military service.

(4) Where the Minister determines that—

(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of an officer of the Reserve Defence Force on supplemental military service, or

(b) it is otherwise in the best interests of the Defence Forces to deploy an officer of the Reserve Defence Force on supplemental military service,

the Minister may approve the deployment of an officer of the Reserve Defence Force on supplemental military service.

(5) An approval under subsection (4) shall specify—

(a) the purpose of the deployment concerned, and

(b) the number of officers to be deployed as part of that deployment.

(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—

(a) the skills or qualifications that an officer is required to have for the purposes of the deployment concerned, and

(b) the duration of that deployment.

(7) Subject to subsection (10), where an officer of the Reserve Defence Force has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the officer may give, the officer’s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).

(8) A request of the prescribed military authority under subsection (7) shall—

(a) be in writing, and

(b) specify—

(i) the nature,

(ii) the duration,

(iii) the start date, and

(iv) the end date,

of the supplemental military service concerned.

(9) A consent of an officer of the Reserve Defence Force under subsection (7) shall be given in writing to the prescribed military authority.

(10) The prescribed military authority shall not seek the consent of an officer of the Reserve Defence Force under subsection (7) where the total number of days of military service provided by the officer in a 12 month period would, if the officer were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.

(11) Subject to subsection (12), an officer of the Reserve Defence Force may withdraw a consent given under subsection (7).

(12) An officer of the Reserve Defence Force deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.

(13) Where an officer of the Reserve Defence Force withdraws his or her consent to deployment on supplemental military service—

(a) in a case in which the deployment has not commenced, the officer shall not be deployed on that service, and

(b) in a case in which the deployment has commenced, the officer shall not be liable to continue that service.

(14) An officer of the Reserve Defence Force shall be liable to render supplemental military service only where—

(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and

(b) the officer has given and not withdrawn his or her consent to deployment on that supplemental military service.

(15) The Minister may prescribe a number of days for the purposes of subsection (10).

(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—

(a) the voluntary nature of supplemental military service,

(b) the duration of training which may be required before deployments on supplemental military service,

(c) the operational requirements of the Defence Forces,

(d) the employment and education commitments of officers of the Reserve Defence Force, and

(e) the training requirements of officers of the Reserve Defence Force.

(17) In this section, "supplemental military service" means military service, either within or outside the State, which an officer of the Reserve Defence Force would not be liable to render under other provisions of theDefence Acts 1954 to 2015.]

87. Calling out of reservists on permanent service.

87.—(1)(a)The Government may, at any time during a period of emergency, by proclamation—

(i)declare that it is expedient that reservists be called out on permanent service, and

(ii)authorise the Minister to give from time to time such directions as he thinks necessary with regard to the calling out on permanent service of all or any reservists.

(b)The Government may by proclamation revoke any proclamation made under paragraph (a) of this subsection.

(c)If, at the time a proclamation is made under paragraph (a) of this subsection, either House of the Oireachtas stands adjourned, that House shall be summoned to meet as soon as conveniently may be.

(d)Every proclamation under this subsection 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.

(2)Where—

(a)the Minister, in pursuance of a proclamation made under paragraph (a) of subsection (1) of this section, gives directions with regard to the calling out on permanent service of any reservists, and

(b)either or both of the following things are done—

(i)a notice (in this subsection referred to as a special notice) is served on each reservist to whom the directions relate requiring him to attend at the time specified in such special notice at his mobilisation centre, or

(ii)a notice (in this subsection referred to as a general notice) is published, in the prescribed manner, requiring every reservist to whom the directions relate to attend at the time indicated in respect of him in such general notice at his mobilisation centre,

the following provisions shall have effect—

(I)such reservist shall, for the purposes of this Act, stand called out on permanent service as from, in case a special notice is served on him, the time at which he is required by such special notice to attend at his mobilisation centre or, in case a general notice is published in the prescribed manner, the time specified in respect of him in such general notice as the time at which he is to attend at his mobilisation centre;

(II)such reservist shall, unless sooner released by the prescribed military authority, remain called out on permanent service so long as the said proclamation remains in force.

(3)In this section, the expression “mobilisation centre” means, in relation to a reservist, the place which has in accordance with regulations made by the Minister under this Act been designated as his mobilisation centre.

88. Calling out of certain reservists on permanent service otherwise than under section 87.

88.—(1)This section applies to a reservist—

(a)who has entered into an agreement in writing to be liable to be called out on permanent service under this section, and

(b)who has not revoked such agreement (which revocation may be effected by his giving three months’ notice in writing to a prescribed officer).

(2)Whenever operations for the defence of the State are in preparation or in progress, the Government may authorise the Minister to give such directions as he thinks necessary with regard to the calling out on permanent service of reservists to whom this section applies.

(3)Where—

(a)the Minister in pursuance of an authorisation under subsection (2) of this section gives directions with regard to the calling out on permanent service of any reservists, and

(b)a notice is served on any reservist to whom the directions relate requiring him to attend at a specified time and place,

the following provisions shall have effect—

(i)that reservist shall, for the purposes of this Act, stand called out on permanent service as from the time at which he is required by the notice to attend,

(ii)that reservist shall cease to be called out on permanent service on the expiration of the period of three months after being so called out unless—

(I)a proclamation authorising the calling out of reservists on permanent service has been made and is then in force, or

(II)he is sooner released by the prescribed military authority,

(iii)if a proclamation authorising the calling out of reservists on permanent service is in force on the expiration of that period, then, unless he has been sooner released by the prescribed military authority—

(I)he shall continue to stand called out on permanent service,

(II)section 87 shall apply in respect of him as if he had been called out on permanent service under that section.

89. Service of reservist called out on permanent service.

89.—Every reservist who is called out on permanent service shall be liable at all times to render military service within the State and, if he is employed on a State ship or service aircraft, be liable at all times while so employed to render military service outside the territorial seas of the State.

90. Calling out of reservists in aid of the civil power.

90.—(1)The Minister may, at anytime when occasion appears to require, direct that all or so many reservists as he thinks necessary be called out in aid of the civil power in the maintenance or restoration of the public peace.

(2)Whenever a direction is given by the Minister under this section, a notice shall be served on every reservist to whom the direction relates requiring him to attend at a time and place specified in such notice, and such reservist shall after that time, for the purposes of this Act, stand called out in aid of the civil power and remain called out in aid of the civil power until the prescribed military authority directs his release.

91. Service of reservists called out in aid of the civil power.

91.—Every reservist who is called out in aid of the civil power shall be liable to render military service at any place within the State.

91A. F72[Voluntary military service of reservist

91A.—(1)A reservist may notify his or her commanding officer in writing that the reservist is available for deployment on supplemental military service, subject to the reservist's consent being given under subsection (7).

(2) A notification under subsection (1) shall specify—

(a) the nature of the supplemental military service to which the reservist concerned may consent under subsection (7),

(b) the duration and frequency of the periods of supplemental military service to which the reservist concerned may consent under subsection (7), and

(c) the dates from and to which the reservist concerned may be available to be deployed on supplemental military service.

(3) A reservist who has provided a notification under subsection (1) may notify his or her commanding officer in writing that the reservist is no longer available for deployment on supplemental military service.

(4) Where the Minister determines that—

(a) there is a particular deficiency in skills or expertise in the Permanent Defence Force which would be addressed by the deployment of a reservist on supplemental military service, or

(b) it is otherwise in the best interests of the Defence Forces to deploy a reservist on supplemental military service,

the Minister may approve the deployment of a reservist on supplemental military service.

(5) An approval under subsection (4) shall specify—

(a) the purpose of the deployment concerned, and

(b) the number of reservists to be deployed as part of that deployment.

(6) An approval under subsection (4) may specify matters other than those referred to in subsection (5), including, but not limited to—

(a) the skills or qualifications that a reservist is required to have for the purposes of the deployment concerned, and

(b) the duration of that deployment.

(7) Subject to subsection (10), where a reservist has provided a notification under subsection (1) and has not provided a notification under subsection (3), the prescribed military authority may request, and the reservist may give, the reservist’s consent to deployment on supplemental military service in respect of which an approval has been given under subsection (4).

(8) A request of the prescribed military authority under subsection (7) shall—

(a) be in writing, and

(b) specify—

(i) the nature,

(ii) the duration,

(iii) the start date, and

(iv) the end date,

of the supplemental military service concerned.

(9) A consent of a reservist under subsection (7) shall be given in writing to the prescribed military authority.

(10) The prescribed military authority shall not seek the consent of a reservist under subsection (7) where the total number of days of supplemental military service provided by the reservist in a 12 month period would, if the reservist were to be so deployed, exceed the number of days prescribed for the purpose of this subsection.

(11) Subject to subsection (12), a reservist may withdraw a consent given under subsection (7).

(12) A reservist deployed on supplemental military service may only withdraw his or her consent to that deployment with the consent of the prescribed military authority, which consent shall not be unreasonably withheld.

(13) Where a reservist withdraws his or her consent to deployment on supplemental military service—

(a) in a case in which the deployment has not commenced, the reservist shall not be deployed on that service, and

(b) in a case in which the deployment has commenced, the reservist shall not be liable to continue that service.

(14) A reservist shall be liable to render supplemental military service only where—

(a) the Minister has given approval to deployment on that supplemental military service under subsection (4), and

(b) the reservist has given and not withdrawn his or her consent to deployment on that supplemental military service.

(15) The Minister may prescribe a number of days for the purposes of subsection (10).

(16) The Minister shall, when prescribing a number of days for the purposes of subsection (10), have regard to—

(a) the voluntary nature of supplemental military service,

(b) the duration of training which may be required before deployments on supplemental military service,

(c) the operational requirements of the Defence Forces,

(d) the employment and education commitments of reservists, and

(e) the requirement of reservists to undergo training under section 92.

(17) In this section, "supplemental military service" means military service, either within or outside the State, which a reservist would not be liable to render under other provisions of theDefence Acts 1954 to 2015.]

92. Annual training of reservists.

92.—(1)All or any reservists shall be liable to undergo training, within the State or on board State ships outside the territorial seas of the State, at such times and for such periods (not exceeding in any one year thirty days) as may be prescribed, and for that purpose may be called out from time to time as often as may be necessary and may be required to attend at such places as the Minister may direct.

(2)Where a reservist is in pursuance of this section called out for training, notice of such calling out and of the time and place at which he is to attend shall be served on him.

93. Voluntary training of reservists.

93.—The Minister may by regulations provide for the voluntary attendance of any reservist for such training as may be prescribed by the regulations.

94. Attendance of reservists for inspection.

94.—(1)The Minister may make regulations in relation to the periodical attendance for periods (none of which shall exceed seventy-two hours) at specified places of reservists for inspection and such other purposes as may be specified in the regulations.

(2)Whenever a reservist is required to attend in pursuance of regulations made under this section, notice of such requirement and of the time and place at which he is to attend shall be served on him.

95. Attachment of reservists called out on permanent service, etc.

95.—(1)Where a reservist is called out on permanent service or in aid of the civil power or for training under section 92, he may, during the period of such calling out, be employed for service with, or be attached to, any staff, unit or other element of the Defence Forces.

(2)While a reservist is voluntarily attending for training in pursuance of regulations made under section 93 or a reservist is attending any place in pursuance of regulations made under section 94, he may be attached to any staff, unit or other element of the Defence Forces.

95A. F73[Attachment of reservist on voluntary military service

95A.—Where a reservist has been deployed on military service under section 91A, that reservist may, during any period of such service, be deployed for service with, or be attached to, any staff, unit or other element of the Defence Forces.]

96. Service of notices on reservists.

96.—Where a notice is permitted or required by this Chapter to be served on a reservist, it may be served on him—

(a)by delivering it to him, or

(b)by leaving it at his last registered place of abode, or

(c)by sending it by post in an envelope addressed to him at his last registered place of abode.

Chapter IV.

97. Regulations as to pay, allowances and gratuities of members of the Defence Forces.

97.—F74[(1)The Minister shall, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the rates and scales of pay, allowances and gratuities of members of the Defence Forces which shall be published on a website maintained by or on behalf of the Minister.]

F75[(1A)The Minister may make regulations in relation to the following matters:

(a) the conditions applicable to the issue of pay, allowances and gratuities of members of the Defence Forces;

(b) the grants which may be made to members and units of the Defence Forces and the conditions applicable to the issue of such grants.]

(2)(a)The Minister may, with the consent of the Minister for Finance, make regulations in relation to the following matters—

(i)the forfeitures and deductions to which the pay, allowances and gratuities of and grants to members of the Defence Forces may be subjected,

(ii)the deductions to which grants to units of the Defence Forces may be subjected,

(iii)the disposition of such forfeitures and deductions,

(iv)the manner in which and the procedure whereby such forfeitures and deductions or any other deductions authorised by this Act are to be made, and such forfeitures and deductions may be made and disposed of accordingly.

(b)Regulations made under this subsection shall not prescribe—

(i)forfeiture of pay except in respect of—

(I)absence on desertion or without leave,

(II)custody, imprisonment or detention,

(III)absence from duty on account of a disease or disability arising out of the commission of any offence,

(IV)unclaimed amounts;

(ii)deductions from pay except in respect of—

(I)articles or services provided,

(II)marriage allotment,

(III)fines, penalties, damages, compensation or costs awarded,

(IV)public or service property lost, deficient, damaged or destroyed,

(V)public or service debt or disallowance,

(VI)unauthorised expenditure or commitment.

(c)The total deduction to be made under regulations made under this subsection from the pay of a man, except a man who is being transferred to the Reserve Defence Force or discharged from the Defence Forces, shall not in any week exceed such sum as would cause him to receive less than one-third of his pay for that week.

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

(3)Any forfeiture or deduction made under subsection (2) of this section may be remitted by the Minister in whole or in part.

(4)References to pay, allowances, gratuities or grants in this Chapter shall be construed as references to pay, allowances, gratuities or grants payable F74[as determined by the Minister undersubsection (1)].

98. Deductions from pay of man in respect of certain court orders.

98.—(1)This section applies to—

(a)an order made by a civil court under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886,

(b)an order made by a civil court under section 75 or 82 of the Children Act, 1908,

(c)an order made by a civil court under section 99 of the Children Act, 1908, ordering the parent or guardian of an offender to pay a fine, damages or costs,

(d)an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930),

(e)an order made by the District Court under section 28 or 29 of the Public Assistance Act, 1939 (No. 27 of 1939),

(f)an order made by a civil court under section 232 or 233 of the Mental Treatment Act, 1945 (No. 19 of 1945),

(g)an order made by a civil court for payment of any moneys due as alimony under a deed of separation,

(h)an order made by a civil court for payment of alimony.

(2)Where an order to which this section applies is made against a person who is or subsequently becomes a man of the Permanent Defence Force and a copy of such order is sent to the Minister, the prescribed authority shall order to be deducted from the pay of such person as a man of the Permanent Defence Force and to be appropriated in satisfaction or part satisfaction of the amount (including any arrears accrued and any costs and expenses) payable under the order such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the prescribed authority thinks fit.

(3)Where a reservist is called out on permanent service, subsection (2) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.

99. Deductions from pay of man in respect of maintenance of wife and children.

99.—(1)Where it appears to the Minister that a person who is or subsequently becomes a man of the Permanent Defence Force has deserted or left in destitute circumstances, without reasonable cause, F76[his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under F77[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State and recognised under that Act])] under the age of sixteen years, the Minister may order to be deducted from the daily pay of such person as a man of the Permanent Defence Force and applied in such manner as the Minister thinks fit towards the maintenance of F76[the spouse or any such children] such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the Minister thinks fit.

(2)Where a reservist is called out on permanent service, subsection (1) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.

100. Restrictions on deductions from pay, etc.

100.—(1)No deduction shall be made from any pay, allowance, gratuity or grant unless—

(a)the deduction is authorised by regulations made under subsection (2) of section 97, or by sections 98 or 99 or by an Act of the Oireachtas, or

(b)the deduction is authorised by subsection (2) of this section.

(2)Where a member of the Defence Forces consents in writing to such deduction and the deduction has the approval of the prescribed authority, a deduction may be made from that member’s pay, allowances, gratuities or grants.

(3)Pay, allowances, gratuities and grants shall not be capable of being attached or otherwise made available by civil process for the payment of any debt.

101. Withholding of pay in certain cases.

101.—Where any question arises as to—

(a)whether any pay, allowance, gratuity or grant is due, or

(b)the amount of any pay, allowance, gratuity or grant due, or

(c)whether a forfeiture or deduction falls to be made of or from any pay, allowance, gratuity or grant, or

(d)the amount of a forfeiture or deduction to be made of or from any pay, allowance, gratuity or grant due,

the question shall be determined with all convenient speed and, pending such determination, the pay, allowance, gratuity or grant may be withheld, in whole or in part.

102. Prohibition of assignment of pay, etc.

102.—Every instrument (being an assignment of, a charge on, or an agreement to assign or charge any pay, allowance, gratuity or grant) made by a member of the Defence Forces shall be void except—

(a)it is made, in pursuance of any regulation made in this behalf by the Minister, for the benefit of the family (including an illegitimate child) of that member, or

(b)it is authorised by subsection (2) of section 100 or by an Act of the Oireachtas.

Chapter V.

103. Prohibition of membership of political and secret societies.

103.—(1)A member of the Permanent Defence Force shall not join, or be a member of, or subscribe to, any political organisation or society or any secret society whatsoever.

F78[(1A)Without prejudice to theDefence (Amendment) Act 1990and any regulations made thereunder, a member of the Permanent Defence Force shall not—

(a) while in uniform or otherwise making himself or herself identifiable as a member of the Permanent Defence Force—

(i) make, without prior authorisation from the member’s commanding officer, a public statement or comment in relation to a political matter or matter of Government policy, or

(ii) attend a protest, march or other gathering in relation to a political matter or matter of Government policy,

(b) canvass on behalf of, or collect contributions for, any political organisation or society, or

(c) address a meeting of a political organisation or society.]

(2)A member of the Reserve Defence Force shall not join, or be a member of, or subscribe to, any secret society whatsoever.

(3)The Minister may by regulations—

(a)prohibit officers of the Reserve Defence Force, who are, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, for the time being continuously engaged in military service or duties for which, as officers of the Reserve Defence Force they are liable, from participating in specified political activities, and

(b)prohibit reservists who stand called out on permanent service from participating in those specified political activities.

103A.—A member of the Reserve Defence Force shall not, while deployed on military service under section 86A (in the case of an officer) or section 91A (in the case of a reservist)—

(a)canvass on behalf of, or collect contributions for, any political organisation or society, or

(b)address a meeting of a political organisation or society.]

104. Disqualification for membership of a local authority.

104.—(1)For the purposes of this section—

(a)the expression “local authority” means a local authority for the purposes of the Local Government Acts, 1925 to 1946, and includes F80[an education and training board] and a committee of agriculture;

(b)an officer of the Reserve Defence Force shall be deemed to be actively employed whenever, during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, he is employed continuously on military service or duty;

(c)a reservist shall be deemed to be actively employed whenever he is called out on permanent service.

(2)(a)A member of the Permanent Defence Force shall be disqualified from being elected or co-opted or appointed or being a member of a local authority.

(b)If a person, who is for the time being a member of a local authority, becomes a member of the Permanent Defence Force, he shall thereupon cease to be a member of that local authority.

(3)(a)A member of the Reserve Defence Force shall, during any period during which he is actively employed, be disqualified from being elected or co-opted or appointed a member of a local authority.

(b)The following provisions shall apply to a member of the Reserve Defence Force who is for the time being a member of a local authority—

(i)he shall not, during any period during which he is actively employed, act as a member of that local authority and if he does he shall thereupon cease to be a member of that local authority,

(ii)notwithstanding anything contained in any enactment relating to local authorities, he shall not by reason only of his absence from meetings of that local authority during such period be disqualified or vacate his office as a member of that local authority.

105. Exemption from jury service.

105.—F81[…]

106. Arms, etc., of members of the Defence Forces to be exempt from seizure.

106.—The arms, ammunition, equipment, service necessaries and clothing of a member of the Defence Forces shall not be liable to be seized under any order, decree or warrant of a court or any document having the same force and effect as such order, decree or warrant or under any other form of distraint.

107. Exemption of men from civil process.

107.—F82[(1)An order shall not be made undersection 8of theEnforcement of Court Orders Act, 1940, directing the imprisonment of any person—

(a)who is a man of the Permanent Defence Force, or

(b)who is a reservist and is for the time being called out on permanent service.

(2)An order shall not be made under section 6 of the Debtors Act (Ireland), 1872, or undersection 6of theEnforcement of Court Orders Act, 1940, directing the imprisonment of any person—

(a)who is a man of the Permanent Defence Force on active service, or

(b)who is a reservist and is for the time being called out on permanent service.]

(3)Notwithstanding anything contained in paragraph (22) of section 133 of the Children Act, 1908, an order made, under either section 75 or 82 of that Act, against a person who is or becomes a man shall not be enforceable by the imprisonment of such person, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

(4)Notwithstanding anything contained in subsection (5) of section 99 of the Children Act, 1908, any sums imposed and ordered to be paid by a parent or guardian under the said section or on forfeiture of any such security as is referred to in the said section, shall not be capable of being recovered in the manner mentioned in the said subsection against a person who is or becomes a man, in case he is a man of the Permanent Defence Force, so long as he is a man of the Permanent Defence Force or, in case he is a reservist, during any period during which he is called out on permanent service.

108. Exemption from prosecution, etc., under section 83 of the Public Assistance Act, 1939.

108.—A man of the Permanent Defence Force or a reservist, during any period during which he is called out on permanent service, shall not be liable to be prosecuted or punished for any offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939).

109. Obstruction, etc., of member of Garda Síochána.

109.—(1)If any officer wilfully neglects or refuses on lawful application to deliver over to a member of the Garda Síochána or wilfully obstructs or wilfully neglects or refuses to assist a member of the Garda Síochána in lawfully apprehending, any member of the Defence Forces under his command who is accused or convicted of an offence, other than a man accused of an offence under section 83 of the Public Assistance Act, 1939 (No. 27 of 1939), such officer shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for any term not exceeding two years.

(2)Where an officer is convicted of an offence under subsection (1) of this section, the court before which he was convicted shall cause a certificate of the judgment of the court to be sent to the Minister.

110. Non-liability of person convicted or acquitted by court-martial to be re-tried by civil court.

110.—Where a member of the Defence Forces is convicted or acquitted by a court-martial of an offence such person shall not be liable to be tried subsequently by a civil court for that offence.

111. Protection of persons acting under this Act.

111.—(1)Where after the commencement of this Act any action, prosecution, or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act, the following provisions shall have effect, that is to say:—

(a)such action, prosecution or proceeding shall be brought in the High Court;

(b)F83[…]

(c)F83[…]

(d)F83[…]

(e)F83[…]

(f)F83[…]

(2)Every action against a member or minister of a court-martial in respect of a sentence of such court-martial or of anything done by virtue, or in pursuance, of such sentence shall be brought in the High Court.

112. Exemption from duties and tolls.

112.—(1)No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing place, highway, road, right of way, bridge or canal, shall be paid by or demanded from any unit or other element of the Defence Forces or an officer or man when on duty or any person under escort or in respect of the movement of any matériel of the Defence Forces.

(2)Nothing in subsection (1) of this section shall affect the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of the Defence Forces.

113. Exemption of members of the Defence Forces from certain provisions of the Road Traffic Act, 1933.

113.—(1)In this section, the expression “the Act of 1933” means the Road Traffic Act, 1933 (No. 11 of 1933).

(2)Sections 22 and 39 of the Act of 1933 shall not apply in respect of the driving of a mechanically propelled vehicle, which is the property of the State or otherwise under the control of the Minister, by any member of the Defence Forces while on duty.

(3)The following provisions of the Act of 1933 shall not apply during a period of emergency in respect of any member of the Defence Forces while on duty, that is to say, sections 22 and 49, subsection (2) of section 149, subsection (5) of section 159 and sections 164 and 166.

Chapter VI.

114. Redress of wrongs.

114.—(1)If an officer thinks himself wronged in any matter by any superior or other officer, including his commanding officer, he may complain thereof to his commanding officer and if, but only if, his commanding officer does not deal with the complaint to such officer’s satisfaction, he may complain in the prescribed manner to the F84[Chief of Staff] who shall inquire into the complaint and give his directions thereon.

(2)If any man thinks himself wronged in any matter by any officer, other than his company commander, or by any man he may complain thereof to his company commander, and if he thinks himself wronged by his company commander either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his commanding officer, and if he thinks himself wronged by his commanding officer, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof in the prescribed manner to F85[the Chief of Staff], F86[…] who shall inquire into the complaint and give his directions thereon.

(3)Every officer to whom a complaint is made in pursuance of this section shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of, and shall in every case inform the complainant in the prescribed manner as to what action has been taken in respect of the matter complained of.

F87[(3A) The Chief of Staff shall cause every complaint seeking redress of wrongs under this section that is made in writing to be notified to the Minister and the Ombudsman for the Defence Forces as soon as practicable following the making of such complaint.

(3B) Where the Ombudsman for the Defence Forces has made a notification in writing in accordance withsection 7of the Ombudsman (Defence Forces) Act 2004, thatsection 5(1)(c),section 5(1)(d)(ii),section 5(1)(e)(ii)orsection 5(1)(g) of the Ombudsman (Defence Forces) Act 2004 applies to a complaint made under that Act by an officer or a man, the officer or the man, as the case may be, may submit that complaint to the Minister for determination by him or her.

(3C) The Minister may make regulations concerning the manner in which a notification referred to in subsection (3A) of this section and a report on such notification are to be made and the manner in which a complaint is to be submitted under subsection (3B) and without prejudice to the generality of the foregoing, the regulations may—

(a) specify a period or periods within which such reports are to be submitted and complaints referred, and

(b) the form and content of such notifications, reports and submissions.]

(4)The Minister shall make regulations providing for the personal submission, by any person subject to this Act, of any grievance to such officer and on such occasions as may be prescribed by such regulations.

F88[(5) This section shall not apply to—

(a) any determination made, punishment awarded or compensation order made under section 177C, 178C or 179C, or

(b) the decision of a summary court-martial under section 178G following an appeal under section 178E.]

115. Collection and distribution of certain property of deceased members of the Defence Forces.

115.—(1)In this section, the expression “service estate” means in relation to a deceased member of the Defence Forces—

(a)pay, allowances, gratuities or grants due to him,

(b)personal equipment which he is under regulations permitted to retain,

(c)personal belongings, including money, found on him or in barracks, camp or quarters or otherwise in the care or custody of the Defence Forces.

(2)The service estate of a deceased member of the Permanent Defence Force or of an officer of the Reserve Defence Force who dies while employed on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force or during a period during which reservists are called out on permanent service under section 88 or of a man of the Reserve Defence Force who dies while called out on permanent service may be collected, administered and distributed in accordance with regulations made by the Minister.

116. Disposal of personal belongings of deserter, absentee or person of unsound mind.

116.—The personal belongings and decorations of a member of the Defence Forces who is a deserter or is absent without leave for twenty-one days or who becomes of unsound mind which are found in barracks, camp or quarters or otherwise in the care or custody of the Defence Forces shall be disposed of in accordance with regulations made by the Minister.

117. Regulations for purposes of Part IV.

117.—The Minister may make regulations in relation to all or any of the following—

(a)the assignment, whether by appointment, transfer or otherwise, of members of the Defence Forces to or within service corps, staffs, units or other elements of the Defence Forces,

(b)the manner in which recruits are to be appointed to service corps,

(c)the transfer of a man from one service corps to another,

(d)any person, matter or thing referred to in this Part as prescribed,

(e)any other matter or thing which is referred to in this Part as the subject of regulations and in respect of which express power is not conferred on the Minister to make regulations.

117A. F89[Regulations relating to testing for controlled drugs and psychoactive substances.

117A.—...]

PART V. Discipline.

Chapter I.

118. Persons subject to military law as officers.

118.—(1)Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as an officer—

(a)an officer of the Permanent Defence Force at all times,

(b)an officer of the Reserve Defence Force when—

(i)he is ordered or employed on service or duty for which as an officer of the Reserve Defence Force he is liable, or

(ii)he is in uniform,

(c)an officer of the Reserve Defence Force (whether in receipt of pay or otherwise) during and in respect of a time when—

(i)he is, with his own consent, attached to or doing duty with any body of troops for the time being subject to military law or ordered on duty by the military authorities, or

(ii)he is voluntarily attending training, or

(iii)he is undergoing treatment F90[in a military hospital, or]

F91[(iv)he is deployed on military service under section 86A,]

(d)subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who, under the general or special orders of the Minister, accompanies in an official capacity equivalent to that of an officer any portion of the Defence Forces which is on active service,

(e)any person not otherwise subject to military law, accompanying a portion of the Defence Forces which is on active service, who holds from the commanding officer of that portion a pass, revocable at the pleasure of such commanding officer, entitling him to be treated on the footing of an officer.

(2)For the purposes of this section and section 119, a portion of the Defence Forces shall be on active service—

(a)during a period during which an order under subsection (2) of section 5 is in force, or

(b)whenever that portion is engaged in operations against an enemy, or

(c)whenever that portion is engaged in military operations in a place wholly or mainly occupied by an enemy.

119. Persons subject to military law as men.

119.—Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as a man—

(a)a man of the Permanent Defence Force at all times,

(b)a reservist when—

(i)he is called out on permanent service or in aid of the civil power, or

(ii)he is called out for training, exercise or other duty under this Act, or

(iii)he is voluntarily attending training, or

(iv)he is undergoing treatment in a military hospital, or

(v)he is employed on military service under the orders of an officer, who is himself subject to military law, or

(vi)he F92[is in uniform, or]

F93[(vii)he is deployed on military service under section 91A,]

(c)subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who is employed by or is in the service of any portion of the Defence Force which is on active service,

(d)any person, not otherwise subject to military law, who is a follower of or accompanies any portion of the Defence Forces which is on active service.

120. Liability to military law in respect of status.

120.—(1)Where an offence against military law has been committed by any person while subject to military law, such person may, subject to subsection (2) of this section, be taken into and kept in service custody and tried and punished for such offence, although he or the unit to which he belongs has ceased to be subject to military law, in like manner as he might have been taken into and kept in service custody, tried or punished, if he or such unit had continued to be so subject.

F94[(2) Where—

(a) an offence (other than that of mutiny, desertion, fraudulent enlistment or a civil offence committed by a person subject to military law while he was on active service outside the State or while he was despatched for service outside the State for any purpose specified insection 3of theDefence (Amendment) Act 2006) against military law triable by court-martial under this Act has been committed by any person while subject to military law, and

(b) such person has since commission of the offence ceased to be subject to military law,

that person may not be tried for the offence unless he is charged with the offence in accordance with this Act within six months beginning on the date on which he ceased to be so subject, but nothing in this subsection shall be construed as affecting the jurisdiction of a civil court where the offence is triable by that court as well as by court-martial.]

F95[(3) Where a person subject to military law is sentenced by a court-martial to a term of imprisonment or detention and is in service custody, this Act shall apply to the person during the term of that sentence, notwithstanding that the person is discharged or dismissed from the Defence Forces or has otherwise ceased to be subject to military law, and the person may be kept, removed, imprisoned, made to undergo detention and punished accordingly as if the person continued to be subject to military law.]

121. F96[Modification of Part V in its application to civilians subject to military law.

121.—In the application of this Part to persons who do not belong to the Defence Forces, the following modifications shall be made:

(a) where an offence against military law has been committed by any person subject to military law who does not belong to the Defence Forces and the person is remanded for trial by court-martial under this Act, that person may be tried by such class of court-martial as the Director directs and, on conviction, dealt with and punished accordingly;

(b) any person subject to military law who does not belong to the Defence Forces shall, for the purpose of this Part, be deemed to be under the command of the prescribed officer, and that person, subject to the right to elect to be tried by court-martial pursuant to section 177B or 178B, as appropriate, may, with the prior consent of the Director, be dealt with summarily and punished under Chapter IV of this Part, according to whether the person is subject to military law as an officer or as a man.]

122. Place of trial for offences against military law.

122.—Any person subject to military law who commits any offence against military law may be tried and punished for such offence at any place within or without the State.

123. Time limit for trial of offences.

123.—F97[(1) Subject to subsection (1A), a person subject to military law shall not be charged with an offence (other than that of mutiny, desertion, fraudulent enlistment or a civil offence committed by a person subject to military law while he was on active service outside the State or while he was despatched for service outside the State for any purpose specified insection 3of theDefence (Amendment) Act 2006) against military law triable by court-martial under this Act after the end of six years beginning with the date of commission of the offence.]

F98[(1A) Proceedings for the summary disposal of a scheduled offence under Chapter IV of this Part may be commenced—

(a) at any time within 12 months from the date on which the offence was committed, or

(b) at any time within 12 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings comes to that person’s knowledge,

whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.

(1B) In calculating a period referred to in subsection (1) or (1A) of this section there shall not be included any period during which the person is certified by his commanding officer as being—

(a) on active service,

(b) despatched for service outside the State for any purpose specified insection 3of theDefence (Amendment) Act 2006,

(c) otherwise engaged in any other essential operational duties within or outside the State,

(d) absent without leave, or

(e) unavailable for investigation due to illness.]

(2)This section shall not affect the jurisdiction of a civil court in the case of any offence triable by such court as well as by court-martial.

Chapter II.

124. Capital offences by commanders when in action.

124.—Every officer subject to military law and in command of a State ship, service aircraft, defence establishment, unit or other element of the Defence Forces—

(a)who, when under orders to carry out an operation of war or on coming into contact with an enemy that it is his duty to engage, negligently or through other default, does not use his utmost exertion to bring the officers and men under his command or his ship, aircraft, or his other matériel into action, or

(b)who, when capable of making a successful defence, surrenders his ship, aircraft, vehicle, defence establishment, matériel or unit to the enemy, or

(c)who, being in action, unjustifiably withdraws from the action, or

(d)who unjustifiably fails to pursue an enemy or to consolidate a position gained, or

(e)who unjustifiably fails to relieve or assist a known friend to the utmost of his power, or

(f)who, when in action, unjustifiably forsakes his station,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F99[imprisonment for life] or any less punishment awardable by a court-martial.

125. Capital offences by any person in relation to the enemy.

125.—Every person subject to military law—

(a)who treacherously deserts to the enemy, or

(b)who treacherously or without due authority sends a flag of truce to the enemy, or

(c)who treacherously or without due authority holds communication with or gives intelligence to the enemy, or

(d)who misbehaves or induces others to misbehave before the enemy in such a way as to show cowardice, or

(e)who assists the enemy with matériel, or

(f)who knowingly harbours or protects an enemy not being a prisoner, or

(g)who treacherously assists the enemy by giving a false identification or other signal or altering or interfering with any signal, or

(h)who improperly delays or treacherously or in a cowardly manner discourages any action against the enemy, or

(i)who, when ordered to carry out an operation of war, negligently or through other default fails to use his utmost exertion to carry the orders into effect, or

(j)who treacherously or unjustifiably abandons or delivers up any defence establishment, garrison, place, State ship, service aircraft, vehicle or animal, matériel, post or guard, or

(k)who knowingly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of matériel, or

(l)who treacherously assists the enemy in any way not specifically hereinbefore mentioned in this section, or

(m)who, while serving in a State ship involved in the convoying and protection of vessels,—

(i)fails to defend the vessels and goods under convoy, or

(ii)refuses to fight in defence of the vessels in his convoy if they are attacked, or

(iii)cowardly abandons or exposes the vessels in his convoy to hazards,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F100[imprisonment for life] or any less punishment awardable by a court-martial.

126. Offences punishable more severely on active service than at other times.

126.—(1)In this section, the word “safeguard” means any party of the Defence Forces detached for the purpose of protecting some person or persons or for the purpose of protecting, or of preventing or controlling access to, any premises or place or for the purpose of regulating traffic on any road, railway or inland navigation, and includes any sentry being a member of the Defence Forces posted for any of the said purposes.

(2)Every person subject to military law—

(a)who, when acting as sentry or lookout or otherwise when on watch or guard, leaves his watch, guard, picket, patrol or post before he is regularly relieved or sleeps or is F101[under the influence of an intoxicant], or

(b)who, without orders from his superior officer, leaves his watch, guard, picket, patrol or post, or

(c)who, without due authority, discloses in any manner whatsoever any information relating to the number, position, matériel, movements, preparations for movements, operations or preparations for operations of the Defence Forces or any portion thereof or to any State ships, service aircraft or vehicles, or

(d)who makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it or gives, without good and sufficient cause, a parole, watchword, password, countersign or identification signal different from that which he received, or

(e)who, without due authority, alters or interferes with any identification or other signal, or

(f)who unjustifiably occasions false alarms, or

(g)who forces a safeguard or forces, strikes or molests a sentinel, or

(h)who loots or plunders or breaks into any house or place with intent to loot or plunder, or

(i)who, without orders from his superior officer, or without reasonable cause, wilfully destroys or damages any property, or

(j)who does violence to any person bringing matériel to the Defence Forces, or

(k)who, without proper authority, detains or appropriates to the unit of the Defence Forces with which he is serving any matériel being conveyed to any other unit of the Defence Forces, or

(l)who impedes the provost marshal or any officer or man legally exercising authority under or on behalf of the provost marshal, or, when called on, refuses to assist in the execution of his duty the provost marshal or any such officer or man, or

(m)who knowingly does or omits to do anything the doing or omission whereof is calculated to imperil the success or prejudice the security of the Defence Forces or any portion thereof,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

(i)if he commits such offence on active service, F102[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial, or

(ii)if he commits such offence not on active service and is an officer, dismissal with F103[disgrace] from the Defence Forces or any less punishment awardable by a court-martial, or

(iii)if he commits such offence not on active service and is a man, imprisonment or any less punishment awardable by a court-martial.

127. Offences related to prisoners of war.

127.—Every person subject to military law—

(a)who, by want of due precaution, or through disobedience of orders or wilful neglect of duty, is taken prisoner, or

(b)who, having been taken prisoner, fails to rejoin the Defence Forces when able to do so, or

(c)who, having been made a prisoner of war, serves with or aids the enemy,

is guilty of an offence against military law, and shall, on conviction by court-martial, in case he served with or aided the enemy, be liable to suffer F104[imprisonment for life] or any less punishment awardable by a court-martial and, in any other case, be liable to suffer F105[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.

128. Mutiny with violence.

128.—Every person subject to military law who joins in a mutiny that is accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F106[imprisonment for life] or any less punishment awardable by a court-martial.

129. Mutiny without violence.

129.—Every person subject to military law who joins in a mutiny that is not accompanied by violence is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F107[imprisonment for life] or any less punishment awardable by a court-martial.

130. Offences related to mutiny.

130.—Every person subject to military law—

(a)who causes or conspires with any other person to cause a mutiny, or

(b)who endeavours to persuade any person to join in a mutiny, or

(c)who, being present, does not use his utmost endeavours to suppress a mutiny, or

(d)who, being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F108[imprisonment for life] or any less punishment awardable by a court-martial.

131. Disobedience to superior officer.

131.—Every person subject to military law who disobeys a lawful command of a superior officer is guilty of an offence against military law and shall, F109[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer F110[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.

132. Striking or offering violence to a superior officer.

132.—Every person subject to military law who strikes or attempts to strike, or uses, attempts to use, or offers violence to a superior officer is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F111[imprisonment for life] or any less punishment awardable by a court-martial.

133. Insubordinate behaviour.

133.—Every person subject to military law who uses threatening or insulting language to, or behaves in an insubordinate manner towards, a superior officer is guilty of an offence against military law and shall, F112[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F113[for any term not exceeding two years] or any less punishment awardable by a court-martial.

134. Disorders.

134.—Every person subject to military law—

(a)who, being concerned in a quarrel, fray or disorder, refuses to obey an officer, though of inferior rank, who orders him into arrest, or strikes or uses or offers violence to any such officer, or

(b)who strikes or uses or offers violence to any other person in whose custody he is placed, whether or not such other person is his superior officer and whether or not such other person is subject to military law, or

(c)who resists an escort whose duty it is to apprehend him or to have him in charge, or

(d)who breaks out of barracks, station, camp, quarters or ship,

is guilty of an offence against military law and shall, F114[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F115[for any term not exceeding two years] or any less punishment awardable by a court-martial.

135. Desertion.

135.—(1)Every person subject to military law who deserts or attempts to desert the Defence Forces is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

(a)if he commits such offence on active service, F116[imprisonment for life] or any less punishment awardable by a court-martial, or

(b)if he commits such offence not on active service, in the case of a first offence, imprisonment F117[for any term not exceeding two years] or any less punishment awardable by a court-martial or, in the case of a second or any subsequent offence, F118[imprisonment for a term not exceeding seven years] or any less punishment awardable by a court-martial.

(2)(a)For the purposes of this Act, a person deserts the Defence Forces—

(i)if, being on or having been warned for hazardous duty or important service F119[(which, for the purpose of this section, includes, but is not limited to, active service or service with a contingent or as a member despatched for service outside the State for any purpose specified insection 3of theDefence (Amendment) Act 2006)], he is absent without due authority with the intention of avoiding that duty or service, or

(ii)if, having been warned that his vessel is under sailing orders, he is absent without due authority with the intention of missing that vessel, or

(iii)if he absents himself without due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, or

(iv)if he is absent without due authority from his unit or formation or from the place where his duty requires him to be and at any time during such absence forms the intention of not returning to that unit, formation or place, or

(v)if, while absent with due authority from his unit or formation or from the place where his duty requires him to be, with the intention of not returning to that unit, formation or place, he does any act or omits to do anything, the natural and probable consequence of which act or omission is to preclude his return to that unit, formation or place at the time required.

(b)For the purposes of paragraph (a) of this subsection, a person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of not returning to his unit or formation or the place where his duty requires him to be.

136. Connivance at desertion.

136.—Every person subject to military law—

(a)who, being aware of the desertion or intended desertion of a person, does not without reasonable excuse inform his superior officer forthwith, or

(b)who fails to take any steps in his power to cause the apprehension of a person known by him to be a deserter,

is guilty of an offence against military law and shall, F120[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F121[for any term not exceeding two years] or any less punishment awardable by a court-martial.

137. Absence without leave.

137.—(1)Every person subject to military law who absents himself without leave is guilty of an offence against military law and shall, F122[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F123[for any term not exceeding two years] or any less punishment awardable by a court-martial.

(2)For the purposes of this Act, a person absents himself without leave—

(a)if, without authority, he leaves his unit or formation or the place where his duty requires him to be, or

(b)if, without authority, he is absent from his unit or formation or the place where his duty requires him to be, or

(c)if, having been authorised to be absent from his unit or formation or the place where his duty required him to be, he fails to return to that unit, formation or place at the expiration of the period for which his absence was authorised,

and the expression “absent himself without leave” shall in this Act be construed accordingly.

138. False statement in respect of leave.

138.—Every person subject to military law who knowingly makes a false statement in respect of prolongation of leave of absence is guilty of an offence against military law and shall, F124[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer, if an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or, if a man, detention or any less punishment awardable by a court-martial.

139. Scandalous conduct of an officer.

139.—Every officer who, being subject to military law, behaves in a scandalous manner, unbecoming the character of an officer, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer dismissal with F125[disgrace] from the Defence Forces or dismissal from the Defence Forces.

140. Ill-treatment of inferiors.

140.—Every person subject to military law who strikes or otherwise ill-treats any member of the Defence Forces, who by reason of rank or appointment is subordinate to him, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer imprisonment F126[for any term not exceeding two years] or any less punishment awardable by a court-martial.

141. False accusation against officer or man.

141.—Every person subject to military law—

(a)who makes a false accusation against an officer or man, knowing such accusation to be false, or

(b)who knowingly makes a false statement affecting the character of an officer or man,

is guilty of an offence against military law and shall, F127[where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or,] on conviction by court-martial, be liable to suffer imprisonment F128[for any term not exceeding two years] or any less punishment awardable by a court-martial.

142. F129[Prohibition on being under the influence of an intoxicant.

142.—(1) Every person subject to military law who, whether on duty or not on duty, due to his or her being under the influence of an intoxicant—

(a) is unfit to be entrusted with any duty that the person is or may be required to perform, or

(b) behaves in a disorderly manner or in any manner likely to bring discredit on the Defence Forces,

is guilty of an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer—