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:—