Defence Act 1954

• Enactment Date: 13 May 1954
• Act Number: 18

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Number 18 of 1954

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DEFENCE ACT 1954

REVISED

Updated to 6 July 2022

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This Revised Act is an administrative consolidation of the Defence Act 1954. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Defence Forces (Evidence) Act 2022 (16/2022), enacted 6 July 2022, and all statutory instruments up to and including the Córas Iompair Éireann Defined Contribution Scheme for Regular Wages Staff Scheme (Confirmation) Order 2022 (S.I. No. 345 of 2022), made 6 July 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 18 of 1954

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DEFENCE ACT 1954

REVISED

Updated to 6 July 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Defence Acts 1954 to 2015: this Act is one of a group of Acts included in this collective citation (Defence (Amendment) Act 2015, s. 4(2)), to be construed together as one (Defence (Amendment) Act 2011, s. 12(2)). The Acts in the group are:

• Defence Act 1954 (18/1954)

• Defence (Amendment) (No. 2) Act 1960 (44/1960)

• Defence (Amendment) Act 1979 (1/1979)

• Defence (Amendment) (No. 2) Act 1979 (28/1979)

• Defence (Amendment) Act 1987 (8/1987)

• Defence (Amendment) Act 1990 (6/1990)

• Criminal Law Act 1997 (14/1997), s. 14 and sch. 2

• Defence (Amendment) Act 1998 (31/1998)

• Defence (Amendment) Act 2006 (20/2006)

• Defence (Amendment) Act 2007 (24/2007)

• Defence (Amendment) Act 2011 (17/2011)

• Defence (Amendment) Act 2015 (24/2015) (citation only)

Acts previously included in the group but now repealed are:

• Defence (Amendment) Act 1960 (22/1960)

• Defence (Amendment) Act 1993 (18/1993)

Although not included in the collective citation, the following legislation deals with related subject matter:

• Courts Martial Appeals Act 1983 (19/1983)

• Civil Defence Act 2012 (51/2012)

• Ombudsman (Defence Forces) Act 2004 (36/2004)

• Defence (Miscellaneous Provisions) Act 2009 (35/2009)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Defence Forces (Evidence) Act 2022 (16/2022)

• Defence (Amendment) Act 2021 (33/2021)

• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)

• Prisons Act 2015 (57/2015)

• Defence (Amendment) Act 2015 (24/2015)

• Statute Law Revision Act 2015 (23/2015)

• Freedom of Information Act 2014 (30/2014)

• Education and Training Boards Act 2013 (11/2013)

• Jurisdiction of Courts and Enforcement of Judgements (Amendment) Act 2012 (7/2012)

• Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011)

• Defence (Amendment) Act 2011 (17/2011)

• Criminal Law (Insanity) Act 2010 (40/2010)

• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

• Adoption Act 2010 (21/2010)

• Defence (Amendment) Act 2007 (24/2007)

• International Criminal Court Act 2006 (30/2006)

• Defence (Amendment) Act 2006 (20/2006)

• Criminal Law (Insanity) Act 2006 (11/2006)

• Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

• Ombudsman (Defence Forces) Act 2004 (36/2004)

• Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

• Justice (Theft and Fraud Offences) Act 2001 (50/2001)

• Children Act 2001 (24/2001)

• Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000)

• Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000)

• Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998)

• Defence (Amendment) Act 1998 (31/1998)

• Employment Equality Act 1998 (21/1998)

• Criminal Law Act 1997 (14/1997)

• Freedom of Information Act 1997 (13/1997)

• Family Law Divorce Act 1996 (33/1996)

• Protection of Young Persons (Employment) Act 1996 (16/1996)

• Family Law Act 1995 (26/1995)

• Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

• Defence (Amendment) Act 1993 (18/1993)

• Child Care Act 1991 (33/1996)

• Criminal (Rape) (Amendment) Act 1990 (32/1990)

• Criminal Justice Act 1990 (16/1990)

• Larceny Act 1990 (9/1990)

• Defence (Amendment) Act 1990 (6/1990)

• Judicial Separation and Family Law Reform Act 1989 (6/1989)

• Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988)

• Status of Children Act 1987 (26/1987)

• Defence (Amendment) Act 1987 (8/1987)

• Age of Majority Act 1985 (2/1985)

• Courts-Martial Appeals Act 1983 (19/1983)

• Defence (Amendment) (No. 2) Act 1979 (6/1990)

• Defence (Amendment) Act 1979 (1/1979)

• European Assembly Elections Act 1977 (30/1977)

• Ministers and Secretaries (Amendment) (No. 2) Act 1977 (28/1977)

• Unfair Dismissals Act 1977 (10/1977)

• Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976)

• Juries Act 1976 (4/1976)

• Genocide Act 1973 (28/1973)

• Criminal Justice Act 1964 (5/1964)

• Curragh of Kildare Act 1961 (35/1961)

• Defence (Amendment) (No. 2) Act 1960 (44/1960)

• Electoral Act 1960 (43/1960)

• Defence (Amendment) Act 1960 (22/1960)

• Statute of Limitations 1957 (6/1957)

• Prisoners of War and Enemy Aliens Act 1956 (27/1956)

• Civil Service Regulation Act 1956 (46/1956)

• Civil Service Commissioners Act 1956 (45/1956)

• Public Authorities (Judicial Proceedings) Act 1954 (27/1954)

All Acts up to and including Defence Forces (Evidence) Act 2022 (16/2022), enacted 6 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019)

• Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019)

• Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012 (S.I. No. 345 of 2012)

• Rules of Procedure (Defence Forces) (Amendment) Rules 2012 (S.I. No. 344 of 2012)

• Military Judge (Temporary Designation) (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 82 of 2012)

• Rules of Procedure (Defence Forces) 2011 (S.I. No. 581 of 2011)

• Court-Martial Rules 2011 (S.I. No. 580 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011)

• Court-Martial Rules 2009 (S.I. No. 273 of 2009)

• Court-Martial Rules 2008 (S.I. No. 205 of 2008)

• Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008)

• Rules of Procedure (Defence Forces) (Form of Oath of Military Judge) 2007 (S.I. No. 661 of 2007)

• European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006)

• European Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52 of 2002)

• European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000)

• District Court Rules 1997 (S.I. No. 93 of 1997)

• Rules of Procedure (Defence Forces) 1987 (S.I. No. 245 of 1987)

• European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations 1986 (S.I. No. 292 of 1986)

• Rules for Military Prisons and Detention Barracks 1983 (S.I. No. 203 of 1983)

• Rules of Procedure (No. 3) (Defence Forces) 1983 (S.I. No. 202 of 1983)

• Rules of Procedure (No. 2) (Defence Forces) 1983 (S.I. No. 72 of 1983)

• Rules of Procedure (Defence Forces) 1983 (S.I. No. 22 of 1983)

• Defence Act, 1954 (Control of Roads at Gormanston Aerodrome) Bye-Laws 1959 (S.I. No. 37 of 1959)

• Rules of Procedure (Defence Forces) 1954 (Amendment) Rules 1955 (S.I. No. 58 of 1955)

• Defence Forces (Summoning of Civilian Witnesses) Regulations 1954 (S.I. No. 297 of 1954)

• Rules for Military Prisons and Detention Barracks 1954 (S.I. No. 291 of 1954)

• Defence (Civil Authority with respect to Courts-Martial) Regulations 1954 (S.I. No. 250 of 1954)

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