Defence act, 1954

Act Number18
Enactment Date13 May 1954


Number 18 of 1954.


DEFENCE ACT, 1954.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General

Section

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 the 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.

Division I.

Enlistment and Discharge, Etc., of Men.

Original enlistment.

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.

Proceedings for enlistment.

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.

Appointment to service corps.

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.

Assignment of reservists to classes of reservists.

62.

Assignment of reservists to a particular class of reservists.

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

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.

Transfer to Reserve Defence Force and discharge.

69.

Period of desertion or absence without leave to be 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.

Discharge otherwise than on completion of service.

73.

Discharge of men by direction of Minister or authorised officer.

74.

Discharge of reservists becoming members of either House of the Oireachtas.

75.

Discharge by purchase.

76.

Discharge of persons under eighteen.

77.

Discharge of apprentices.

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

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.

General provisions as to discharge.

80.

Order for discharge of men.

81.

Provisions in relation to discharge.

82.

Certificate on discharge.

83.

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

Division II.

Promotion of Men to Higher Non-Commissioned Rank and Reduction in Rank of Non-Commissioned Officers.

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.

Service of members of the Permanent Defence Force.

85.

Service of members of the Permanent Defence Force.

Service of officers of the Reserve Defence Force.

86.

Service of officers of the Reserve Defence Force.

Service of reservists.

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 reservists 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 Forces 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.

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