No. 18/1954:

DEFENCE ACT, 1954

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and commencement.

2 Interpretation generally.

3 Application of Act to persons subject to military law.

4 Period of emergency.

5 Active service.

6 Employment on State ships.

7 Prosecution of certain offences by the Minister.

8 Provisions in relation to regulations.

9 Repeals.

10 Expenses.

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.

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

13 Military branches of the Department of Defence.

14 The Inspector-General.

15 The Judge Advocate-General.

PART III RAISING, MAINTENANCE, COMMAND, CONSTITUTION AND ORGANISATION OF THE DEFENCE FORCES, MILITARY EDUCATION AND MISCELLANEOUS MATTERS RELATING TO THE DEFENCE FORCES

CHAPTER I Raising, Maintenance and Command of the Defence Forces.

16 Authority to raise and maintain the Defence Forces.

17 Military command.

CHAPTER II Constitution of the Defence Forces and General Organisation thereof.

18 Constitution of the Defence Forces.

19 Constitution of the Permanent Defence Force.

20 Constitution of the Reserve Defence Force.

21 Classes of the Reserve Defence Force.

22 Organisation of the Defence Forces.

23 Service corps.

24 Commissioned ranks in the Defence Forces.

25 Non-commissioned ranks in the Defence Forces.

26 General regulations in relation to the Defence Forces.

CHAPTER III Military Education.

27 Establishment of educational institutions.

28 Other educational arrangements.

29 Cadetships.

CHAPTER IV Miscellaneous Provisions in relation to the Defence Forces.

30 Special powers in relation to defence.

31 Right of entry on land.

32 Acquisition of land, etc., by agreement.

33 Compulsory acquisition of land or rights over land.

34 User of land by the Minister.

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

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

37 Billeting during a period of emergency.

38 Billeting in peace time.

39 Exercise of powers vested in holder of military office.

40 Provisions as to orders of military authorities.

PART IV PERSONNEL OF DEFENCE FORCES

CHAPTER I Officers.

41 Persons eligible to be appointed officers.

42 Appointment of officers, and commissions.

43 Oath to be taken by officers.

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

45 Promotion of officers.

46 Placing of officer on half-pay.

47 Retirement of officers of the Permanent Defence Force.

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

49 Resignation of officers.

50 Dismissal of officers.

51 Effective dates of appointment, etc, of officers.

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

CHAPTER II Men.

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.

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

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

56 Recruiting regulations.

57 Mode of enlisting recruits.

58 Oath on enlistment.

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

60 Enlistment for general service and appointment to service corps.

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

62 Assignment of reservists to a particular class of reservists.

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

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

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

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

67 Re-engagement of reservists.

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

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

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

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

72 Discharge of reservists.

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

74 Discharge of reservists becoming members of either Home of the Oireachtas.

75 Discharge by purchase.

76 Discharge of persons under eighteen.

77 Discharge of apprentices.

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

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

80 Order for discharge of men.

81 Provisions in relation to discharge.

82 Certificate of discharge.

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

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

CHAPTER III Service of Members of the Defence Forces.

85 Service of members of the Permanent Defence Force.

86 Service of officers of the Reserve Defence Force.

87 Calling out of reservists on permanent service.

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

89 Service of reservist; called out on permanent service.

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

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

92 Annual training of reservists.

93 Voluntary training of reservists.

94 Attendance of reservists for inspection.

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

96 Service of notices on reservists.

CHAPTER IV Pay and Allowances of Members of the Defence Forces.

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

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

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

100 Restrictions on deductions from pay, etc.

101 Withholding of pay in certain cases.

102 Prohibition of assignment of pay etc.

CHAPTER V Disqualifications, Exemptions and Privileges of Members of the Defence Forces.

103 Prohibition of membership of political and secret societies.

104 Disqualification for membership of a local authority.

105 Exemption from jury service.

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

107 Exemption of men from civil process.

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

109 Obstruction, etc, of member of Garda Síochána.

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

111 Protection of persons acting under this Act.

112 Exemption from duties and tolls.

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

CHAPTER VI Miscellaneous Provisions.

114 Redress of wrongs.

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

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

117 Regulations for purposes of Part IV.

PART V DISCIPLINE

CHAPTER I Liability to Military Law.

118 Persons subject to military law as officers.

119 Persons subject to military law as men.

120 Liability to military law in respect of status.

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

122 Place of trial for offences against military law.

123 Time limit for offences.

CHAPTER II Offences against Military Law.

124 Capital offences by commanders when in action.

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

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

127 Offences related to prisoners of war.

128 Mutiny with violence.

129 Mutiny without violence.

130 Offences related to mutiny.

131 Disobedience to superior officer.

132 Striking or offering violence to a superior officer.

133 Insubordinate behaviour.

134 Disorders.

135 Desertion.

136 Connivance at desertion.

137 Absence without leave.

138 False statement in respect of leave.

139 Scandalous conduct of an officer.

140 Ill-treatment of inferiors.

141 False accusation against officer or man.

142 Drunkenness.

143 Malingering or maiming.

144 Dilatory conduct in regard to trials.

145 Negligent or wilful interference with lawful custody.

146 Escape from custody.

147 Obstruction of officer or man carrying out police duties.

148 Obstruction of civil power.

149 Losing, stranding or hazarding State ships.

150 Unauthorised carriage on ships or aircraft.

151 Wrongful acts in relation to aircraft.

152 Inaccurate certificate as regards aircraft.

153 Low flying.

154 Disobedience of orders of captain of aircraft.

155 Fraud by persons in charge of property.

156 Stealing embezzlement etc., of property.

157 Destruction, loss or improper disposal of property.

158 Bribery, corruption and fraud.

159 Negligent or, furious driving of service vehicles.

160 Unauthorised use of service vehicles.

161 Offences in relation to courts-martial, etc.

162 False evidence.

163 Disturbances etc, in billets.

164 Fraudulent enlistment.

165 General offences in relation to enlistment.

166 Negligent performance of duties.

167 Offences in relation to documents.

168 Conduct to the prejudice of good order and discipline.

169 Offences punishable by ordinary law.

CHAPTER III Arrest and Courts of Inquiry on Absent Men.

170 Provost Marshal.

171 Arrest.

172 Placing of person arrested in service custody.

173 Guard report.

174 Court of inquiry on absent man.

CHAPTER IV Investigation and Summary Disposition of Charges, Remands for Court-martial and Dispensation with Trial by Court-martial.

175 Acquittal or conviction to be a bar to summary proceedings.

176 Charge to be investigated without delay.

177 Charges against officers.

178 Disposition of charges against men by commanding officers.

179 Disposition of charges against privates and seamen by subordinate officers.

180 Revision of summary awards.

181 Trial of accused without preliminary investigation.

182 Confession of desertion or fraudulent enlistment.

183 Summoning of civilian Witnesses before authorised officers and commanding officers.

184 Regulations in relation to investigation and summary disposition of charges.

CHAPTER V Courts-martial.

185 Acquittal or conviction to bar subsequent trial by court-martial.

186 Classes of courts material.

187 Convening of courts-material.

188 Special powers of convening authorities.

189 Constitution of general courts-martial.

190 Constitution of limited courts-martial.

191 Disqualifications for membership of courts-martial and for acting as judge advocate.

192 Jurisdiction of courts-martial.

193 Dissolution of courts-martial.

194 Admission to court-martial.

195 Divers matters of procedure.

196 Counsel at courts-martial.

197 Challenges by accused.

198 Voting at courts-martial on questions other than objections to members of the court.

199 Swearing of court.

200 Evidence to be on oath.

201 Evidence at courts-martial.

202 Insanity of accused at time of trial.

203 Insanity of accused at time of commission of offence.

204 Finding of acquittal.

205 Conviction for offence other than that charged.

206 Effective; dates or sentences by courts-martial.

207 Summoning and privilege of witnesses at courts-martial.

208 Contempt of court-martial.

CHAPTER VI Punishments awardable by Courts-martial for Offences against Military law.

209 Punishments which may be awarded to officers by courts-martial.

210 Punishments which may be awarded to men by courts martial.

211 One sentence to he awarded in respect of all offences.

212 Restriction on sentence of imprisonment and detention on person already undergoing imprisonment or detention.

213 Order by court-martial for payment of compensation.

214 Restoration of seniority lost and service forfeited by sentence of a court-martial.

CHAPTER VII Action on Findings and Sentences of Courts-martial.

215 Findings and sentences not to be valid unless confirmed.

216 Confirming authorities.

217 Reference of finding and sentence by confirming authority to superior confirming authority.

218 Revision by courts-martial of findings and sentences.

219 Powers of confirming authority as to confirmation.

220 Additional powers of confirming authority in relation to sentences passed by courts-martial.

221 Mitigation, remission, etc. of sentences (other than death sentences) after confirmation.

222 Date of commencement of sentences of penal servitude, imprisonment or detention imposed by way of substitution.

223 Suspension of sentences of penal servitude, imprisonment or detention passed on men.

224 Quashing of finding of court-martial.

225 Restitution of stolen property.

226 Right to copy of Proceedings of court-martial.

CHAPTER VIII Execution of Sentences.

227 Sentence of death.

228 Execution of sentence of penal servitude.

229 Execution of sentence of imprisonment or detention.

230 Suspension of currency of sentence where a person escapes or is released without proper authority.

231 Duty of governor of prison to receive prisoners.

232 Establishment of military prisons and detention barracks.

233 Regulation of military prisons and detention barracks.

234 Assisting prisoners in military prisons and detention barracks to escape.

235 Penalty for carrying spirituous liquor, drugs or tobacco into military prisons or detention barracks.

236 Penalty for carrying letters, etc., into or out of military prisons or detention barracks.

237 Unsoundness of mind of person imprisoned or undergoing detention.

238 Inquests on persons under sentence dying in military prisons or detention barracks.

239 Provisions as to warrants and orders of military authorities under Chapter VIII of Part V.

CHAPTER IX Rules of Procedure.

240 Rules of procedure.

CHAPTER X Miscellaneous Offences by Members of the Reserve Defence Force.

241 Penalty for member of Reserve Defence Force joining armed forces of another State.

242 Punishment of certain offences by reservists.

243 Non-attendance of reservist called out for training or on permanent service, etc.

244 Record and evidence of absence of reservists called out.

245 Wrongful sale etc., of equipment by a member of the Reserve Defence Force.

246 Regulations for purposes of Chapter X of Part V.

CHAPTER XI Proof of certain matters of Evidence in Proceedings before Civil Courts and Courts-martial.

247 Evidence on subjection to military law of officers of the Reserve Defence Force.

248 Evidence of certain documents and matters.

249 Evidence of conviction or acquittal by a civil court.

250 Evidence of proceedings of court-martial.

CHAPTER XII Apprehension of Suspected Deserters and Absentees.

251 Apprehension of suspected deserters and absentees.

PART VI OFFENCES IN RELATION TO THE DEFENCE FORCES AND MILITARY PROPERTY

252 Recruits punishable for false answers.

253 Punishment for pretending to be a deserter or an absentee.

254 Incitement to disaffection, etc.

255 Punishment for inducing, etc., members of the Defence Forces to desert.

256 Penalty for unlawful recruiting or interfering with recruiting.

257 Penalty for interference with military duties, etc.

258 Penalty for personation.

259 Statutory declaration in relation to pay, etc.

260 Penalty for purchasing certain military property.

261 Unlawful possession of certificates of discharge, etc.

262 Forgery of certificate of discharge and personation.

263 Application of Pension Books (Prohibition of Alienation) Act, 1932.

264 Unlawful wearing of uniform.

265 Bringing contempt on uniform.

266 Dyeing and conversion of uniforms, etc.

267 Unauthorised use, etc., of decorations, etc.

268 Penalty for sketching, etc., fortifications, etc., and trespassing thereon.

PART VII MANOEUVRES AND ARTILLERY, RIFLE AND BOMBING PRACTICE

269 Power to authorise holding of military manoeuvres.

270 Powers exercisable for purposes of manoeuvres.

271 Compensation for damages caused by military manoeuvres.

272 Offences in relation to manoeuvres.

273 Exemption of members of the Defence Force engaged in manoeuvres from section 164 of the Road Traffic Act, 1933.

274 Temporary stoppage of traffic during manoeuvres or artillery, etc., practice.

PART VIII BYE-LAWS AS TO LAND USED FOR DEFENCE PURPOSES

275 Interpretation of Part VIII.

276 Bye-laws as to use of State land appropriated for defence purposes and for defence purposes and for securing the public safety.

277 Extension of power to make bye-laws in respect of non-State land where Minister has right of user for defence purposes.

278 Extension of power to make bye-laws in respect of adjoining fore-shore, sea and tidal water.

279 Bye-laws as to roads.

280 Notice of intention to make bye-laws.

281 Marking of boundaries of bye-law areas.

282 Publication of bye-laws.

283 Penalties for contravention of bye-laws.

284 Removal and arrest of offenders.

285 Removal of animals, etc.

286 Obstruction of and assaults on authorised officers.

287 Non-application of Part VIII to the Curragh of Kildare.

PART IX THE ARMY NURSING SERVICE

288 The existing nursing service.

289 Establishment of the Army Nursing Service.

290 Application of this Act to the Army Nursing Service.

291 Existing nursing service to be deemed Army Nursing Service.

292 Regulations in relation to the Army Nursing Service.

PART X APPLICATION OF THIS ACT TO DEFENCE FORCES ESTABLISHED UNDER THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

293 Interpretation of Part X.

294 Existing forces to he deemed forces established under this Act.

295 Existing regular officers and existing reserve officers to he deemed to be commissioned under this Act.

296 Existing regulars.

297 Existing reservists.

298 Continuance of existing orders, etc.

299 Continuance of existing authorisations and directions.

300 Offences and convictions under the Act of 1923.

301 Existing military prisons and detention barracks.

PART XI AMENDMENT AND ADAPTATION OF CERTAIN ENACTMENTS

302 Amendment of the Electoral Act, 1923.

303 Application of the Army Pensions Acts, 1923 to 1949, to Reserve Defence Force.

304 Amendment of the Ministers and Secretaries Act, 1924.

305 Amendment of the Military Service Pensions Acts, 1924 to 1949.

306 Amendment of the Defence Forces (Pensions) Act, 1932.

307 Amendment of the Workmen's Compensation Act, 1934.

308 Amendment of section 11 of the Army Pensions Act, 1949.

309 Adaptation of references to Defence Forces, etc., in certain enactments.

310 Service as a major to be regarded as service as a lieutenant-colonel.

PART XII MISCELLANEOUS PROVISIONS

311 Recovery of moneys due or payable to the Minister.

312 Restrictions on recruiting for other States.

313 Entertainments under service direction.

314 Grant of excise licence for military canteens.

315 Right of Minister to claim salvage in respect of services of State ships.

316 Salvage claims by commanders and crews of State ships.

317 Foreign uniforms.

318 Service of solicitors' apprentices in the existing Defence Forces.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

NINTH SCHEDULE

TENTH SCHEDULE

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE DEFENCE OF THE STATE AND THE DEFENCE FORCES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH OR INCIDENTAL TO THE MATTERS AFORESAID.

[13th May, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

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.—(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;

the expression "the Adjutant-General" means the Adjutant-General of the Defence Forces;

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

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;

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;

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;

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;

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;

the expression "flag officer" means an officer holding the commissioned naval rank of commodore;

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

the expression "general officer" means an officer holding the commissioned army rank of major-general or higher commissioned army rank;

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

the expression "military convict" means a person under sentence of penal servitude passed by a court-martial;

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;

the expression "penal servitude prison" means any prison or place in which a person convicted and sentenced to penal servitude by a civil court may be lawfully confined;

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 (except Chapters IV and X) 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;

the expression "the Quartermaster-General" means the Quartermaster-General of the Defence Forces;

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;

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, 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;

the word "steal" has the same meaning as it has for the purposes of the Larceny Act, 1916, and cognate words shall be construed accordingly;

the expression "superior officer", when used in relation to a man, includes a non-commissioned officer;

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.

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

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.—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.—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.—(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 Parliamentary Secretary to the Minister for 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.—(1) There shall be—

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

( b ) an Adjutant-General of the Defence Forces, and

( c ) a Quartermaster-General of the Defence Forces.

(2) ( a ) In this subsection, the expression "principal military office" means any office being that of—

(i) the Chief of Staff, or

(ii) the Adjutant-General, or

(iii) the Quartermaster-General.

( b ) An appointment to a principal military office shall be made by the President.

( c ) Every person appointed to a principal military office shall be an officer of the Permanent Defence Force.

( d ) Every holder of a principal military office shall hold that office for such term (not exceeding five years) as may be specified in the instrument of his appointment but shall be eligible for re-appointment on the expiration of that term.

( e ) Where the holder of a principal military office ceases to be an officer of the Permanent Defence Force, he shall cease to hold that principal military office.

( f ) The President may remove from office the holder of a principal military office.

13.—(1) There shall stand established in the Department of Defence three principal military branches, namely—

( a ) the branch of the Chief of Staff, the head of which shall be the Chief of Staff,

( b ) the branch of the Adjutant-General, the head of which shall be the Adjutant-General, and

( c ) the branch of the Quartermaster-General, the head of which shall be the Quartermaster-General.

(2) Subject to the provisions of this Act, there shall be assigned to the Chief of Staff, the Adjutant-General and the Quartermaster-General respectively such duties in connection with the business of the Department of Defence as the Minister may from time to time appoint.

(3) Each of them, the Chief of Staff, the Adjutant-General and the Quartermaster-General, shall be directly responsible to the Minister for the performance of such duties as may from time to time be assigned to him under subsection (2) of this section.

(4) The Minister may delegate to the Chief of Staff the co-ordination of the business or of any of the business of the principal military branches of the Department of Defence.

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.—(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 Raising, Maintenance and Command of 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.—(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.

CHAPTER II Constitution of the Defence Forces and General Organisation thereof.

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.—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 section 53 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.—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.—(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.—(1) The Defence Forces shall be organised into such staffs units and other elements as may be prescribed.

(2) The numerical establishment and title of each staff, unit or other element of the Defence Forces and the various ranks and appointments therein shall be such as may be prescribed.

23.—The Minister may by regulations declare that any military body (being a stag, 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.—(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.

(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 3, 4, 5, 6, 7 or 8) 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 9 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 9;

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

(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.—(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.—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.

CHAPTER III Military Education.

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

CHAPTER IV Miscellaneous Provisions in relation to the Defence Forces.

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, dockyards, 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.—(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 twenty pounds.

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.—(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 month'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.—(1) The Minister may u se 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.—(1) ( a ) The Minister may cause to be erected, placed and attached upon, in or to any land or building in the vicinity of 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 to, or from, or in the vicinity of, the aerodrome.

( 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 one hundred 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 one hundred 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 go 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.—(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 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 one hundred 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 he contravention is committed as a simple contract debt in any court of competent jurisdiction.

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 twenty 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.—(1) In this section the expression "victualling house" means any premises being—

( a ) premises registered in a register kept under Part III of the Tourist Traffic Act, 1939 (No. 24 of 1939), or

( b ) premises licensed under the Licensing Acts, 1833 to 1946, for the sale of intoxicating liquor for consumption on the premises, or

( c ) a restaurant registered in a register kept under regulations made under Part V of the Health Act, 1947 (No. 28 of 1947).

(2) The Minister may make such regulations as he thinks fit—

( a ) requiring the occupiers of victualling houses to provide lodging, attendance and food for members of the Defence Forces;

( b ) requiring the occupiers of victualling houses and of livery stables to provide stabling and forage for horses of the Defence Forces;

( c ) requiring the occupiers of victualling houses and garages to provide garaging for mechanically propelled vehicles of the Defence Forces;

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

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

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

(3) 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 twenty pounds.

(4) No member of the Defence Forces shall in pursuance of any regulation made under this section be billeted in any private house or in any premises occupied by women only.

(5) 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.

(6) Where 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 a member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.

(7) Every regulation made 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.

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.—(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 military convict, 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 military convict, 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 DEFENCE FORCES

CHAPTER I 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.—(1) The President may appoint any eligible person to be all 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.—(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.—(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.—(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.—The Minister may, in accordance with regulations made by him, place an officer on half-pay for a period not exceeding one year.

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 he 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.—(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.

(6) An officer who becomes a member of either House of the Oireachtas shall thereupon relinquish his commission.

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

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

(2) Except in the case of an officer who is sentenced by a civil court to suffer death, penal servitude or 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 being 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.

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.—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 Men.

DIVISION I.

ENLISTMENT AND DISCHARGE, ETC., OF MEN.

Original enlistment.

53.—(1) ( a ) A person (including a minor) 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 boy is enlisted under this section 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 he 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.

54.—A person (including a minor) 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.—(1) ( a ) A person (including a minor) 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 boy is enlisted under this section 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 he 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.

Proceedings for enlistment.

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

58.—(1) Every person enlisting in the Permanent Defence Force under section 53 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 1 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.—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.

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

(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

(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.

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

Assignment of reservists to classes 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.

Variation of engagement, re-engagement and continuance in service.

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, or

( 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.—Subject to any regulations from time to time made by the Minister, a man of the Permanent Defence Force enlisted under section 53 may, after the expiration of nine years reckoned, in case he is a man to whom a direction under paragraph (b) of subsection (1) of section 53 was given, from the day on which he attained the age of eighteen years or, in any other case, the date of his attestation, on the recommendation of his commanding officer and with the approval of the prescribed military authority, be re-engaged for such further period of service in the Permanent Defence Force as will make up a total continuous period of twenty-one years' service reckoned as aforesaid and inclusive of any period previously served in the Reserve 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.—(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.—Subject to any regulations from time to time made by file Minister, a reservist may, after the expiration of nine years reckoned, in case he is a man to whom a direction under paragraph (b) of subsection (1) of section 53 or paragraph (b) of subsection (1) of section 55, was given, from the day on which he attained the age of eighteen years or, in any other case, the date of his attestation, on the recommendation of his commanding officer and with the, approval of the prescribed military authority, be re-engaged for such further period of service in the Reserve Defence Force as will make up a total continuous period, of twenty-one years' service reckoned as aforesaid and inclusive, in case he enlisted under section 53, of any period previously served in the Permanent Defence Force.

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.

(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.

Transfer to Reserve Defence Force and discharge.

69.—Where a man of the Permanent Defence Force enlisted under section 53 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.—(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, 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) 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 reengagement 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, 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) 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.—(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.—(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.

Discharge otherwise than on completion of service.

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.—A reservist who becomes a member of either House of the Oireachtas shall thereupon stand, by virtue of this section, discharged from the Reserve Defence Force.

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.—(1) Where—

( a ) a person under the age of eighteen years is enlisted without the consent in writing of his parent, and

( b ) the parent of such person applies within three months after the date of such person's attestation to the commanding officer or the Minister for the discharge of such person,

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

(2) In this section, the word "parent", in relation to a person (in this subsection referred to as the recruit) who was under the age of eighteen years at the date of his attestation shall be construed in accordance with the following provisions—

( a ) subject to paragraph (b) of this subsection, the word means the person (in this subsection referred to as the legal guardian) having the legal custody of the recruit at that date;

( b ) (i) if at that date there was no legal guardian, or

(ii) if, owing to the absence from the State of the legal guardian or for any other reason, the recruit was not at that date living with or in the actual custody of the legal guardian,

then, the word means the person with whom the recruit was living or in whose actual custody he was at that date.

77.—Where—

( a ) a person under the age of twenty-one years is enlisted and.

( b ) such person is at the date of his attestation bound for a period of not less than two years under an indenture of apprenticeship, and

( c ) the master of such person, within one month after the date of his attestation, pays to the Minister such sum (not exceeding five pounds) as the Minister may fix, produces the said indenture to the commanding officer of such person and applies to the said commanding officer for the discharge of such person,

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

Status of unenlisted person in receipt of pay as a man and of persons informally enlisted.

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.—(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 be 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, he 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 he 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.

General provisions as to discharge.

80.—Where a man is required by section 70, 71, 72, 75, 76, 77, 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.—(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 ignominy 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.—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.—(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.

DIVISION II.

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 array 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 III Service of Members of the Defence Forces.

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.—(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.

Service of reservists.

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.

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.—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.—(1) The Minister may, at any time 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, or 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.—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.

92.—(1) All or any reservists shall he 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.—The Minister may, by regulations provide for, the voluntary attendance of any reservist for such training as may be prescribed by the regulations.

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.—(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.

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 Pay and Allowances of Members of the Defence Forces.

97.—(1) The Minister may make regulations in relation to the following matters—

( a ) the rates and scales 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,

( c ) the conditions applicable to the issue of such pay, allowances, gratuities and 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 under regulations made under subsection (1) of this section.

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.—(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, his wife or any of his legitimate children under tile 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 the wife or such legitimate 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.—(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.—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.—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 Disqualifications, Exemptions and Privileges of Members of the Defence Forces.

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.

(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.

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 a vocational education committee 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.—Each of the following shall at the following times be exempt from serving on any jury—

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

( b ) every officer of the Reserve Defence Force during any period during which he is in receipt of pay for any service or duty as an officer of the Reserve Defence Force,

( c ) every reservist when—

(i) undergoing training and in receipt of pay, or

(ii) called out on permanent service, or

(iii) called out in aid of the civil power.

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.—(1) An order shall not be made under section 6 of the Debtors (Ireland) Act, 1872, or under section 6 or 8 of the Enforcement of Courts Orders Act, 1940 (No. 23 of 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 subsection (1) of section 6 of the Employers and Workmen Act, 1875, in respect of any person who is a man of the Permanent Defence Force, or 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 reservist, during any period during which he is called out on permanent service.

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.—(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 he 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.—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.—(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 ) such action, prosecution or proceeding shall not lie or be instituted unless it is commenced within six months after the act, neglect or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof;

( c ) where in any such action judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client;

( d ) where the proceeding is an action for damages, tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded;

( e ) if the action was commenced after tender or is proceeded with after payment into court of any moneys in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs to be taxed as between solicitor and client, as from the time of the tender or payment, but this provision shall not affect costs, on any injunction in the action;

( f ) if, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding, the court may award to the defendant costs to be taxed as between solicitor and client.

(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.—(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.—(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 Miscellaneous Provisions.

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 Minister 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 the Adjutant-General, who, if so required by the man, shall report on the matter of the complaint to the Minister 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.

(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.

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.—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.—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.

PART V DISCIPLINE

CHAPTER I Liability to Military Law.

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 in a military hospital,

( 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.—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 is in uniform,

( 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 Forces 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.—(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.

(2) Where—

( a ) an offence (other than that of mutiny, desertion or fraudulent enlistment) against military law has been committed by any person while subject to military law, and

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

such person shall not be tried for such offence unless his trial commences within three months after he ceased to be subject to military law, but nothing in this subsection shall be construed as affecting the jurisdiction of a civil court where the offence is triable by such court as well as by court-martial.

(3) Where a person subject to military law is sentenced by a court-martial to penal servitude, imprisonment or detention, this Act shall apply to him during the term of his sentence, notwithstanding that he is discharged or dismissed from the Defence Forces or has otherwise ceased to be subject to military law, and he may be kept, removed, imprisoned, made to undergo detention and punished accordingly as if he continued to be 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 military law has been committed by any person subject to military law who does not belong to the Defence Forces, such person may be tried by any class of court-martial convened by an officer authorised to convene such class of court-martial 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, but such person shall not be liable to be dealt with summarily under Chapter IV of this Part.

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.—(1) A person subject to military law shall not in pursuance of this Act be tried or punished for any offence (except mutiny, desertion or fraudulent enlistment) triable by court-martial after the expiration of three years from the date of the commission of the offence.

(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 Offences against Military Law.

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

in guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer death or any less punishment awardable by a court-martial.

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 death or any less punishment awardable by a court-martial.

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 drunk, 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, penal servitude 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 ignominy 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.—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 death or any less punishment awardable by a court-martial and, in any other case, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

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 death or any less punishment awardable by a court-martial.

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 penal servitude or any less punishment awardable by a court-martial.

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 penal servitude or any less punishment awardable by a court-martial.

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, on conviction by court-martial, be liable to suffer penal servitude or any less punishment awardable by a court-martial.

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 penal servitude or any less punishment awardable by a court-martial.