Defence Forces (Temporary Provisions) Act, 1942

Amendment of section 17 of the No. 2 Act of 1940.

9.Section 17 (which relates to commissioned ranks in the Defence Forces) of the No. 2 Act of 1940 shall be construed and have effect as if—

(a) the following sub-section were substituted for sub-section (3) thereof, that is to say:—

“(3) For the purposes of any enactment to which this sub-section applies or any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 and 1938, every commissioned marine rank mentioned in the third column of the Table hereto shall be deemed to be a rank corresponding to the commissioned military rank respectively mentioned opposite thereto in the second column of the said Table, and references in any such enactment or scheme to a commissioned military rank corresponding to a commissioned marine rank shall be construed as including references to such commissioned marine rank.

This sub-section applies to any enactment, whether passed before or after this Act, including this Act, which is a Saorstát Éireann statute or an Act of the Oireachtas.”; and

(b) the following two sub-sections were inserted after sub-section (3), that is to say:—

“(4) The Minister may direct that an officer of the Defence Forces who holds (whether by virtue of his appointment thereto, or a direction given under the next following sub-section) a commissioned military rank set out in the second column of the Table hereto shall, in lieu of that commissioned military rank, hold the commissioned marine rank set out in the third column of the said Table opposite the mention of such commissioned military rank, and any such direction shall have effect according to the tenor thereof.

(5) The Minister may direct that an officer of the Defence Forces who holds (whether by virtue of his appointment thereto or a direction given under the immediately preceding sub-section) a particular commissioned marine rank shall, in lieu of that commissioned marine rank, hold the commissioned military rank corresponding to such commissioned marine rank and any such direction shall have effect according to the tenor thereof.”.