Defence Forces (Temporary Provisions) (No. 2) Act, 1940
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Provisions in relation to discharge. |
36.—(1) A soldier of the Forces or a man of the Reserve of Men shall not be discharged except in pursuance of— | |
(a) a direction of the Government, acting through the Minister given under section 12 of the Defence Forces Act, 1937 (No. 41 of 1937), or | ||
(b) a direction of the prescribed military authority given under the immediately preceding section, or | ||
(c) a sentence 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 soldiers of the Forces or men of the Reserve of Men, who are directed to be discharged by the Government, acting through the Minister, under section 12 of the Defence Forces Act, 1937 , or by the prescribed military authority under the immediately preceding section, or who are sentenced to be discharged by a court-martial, is to be carried out and, until the discharge of a person who is a soldier of the Forces or a man of the Reserve of Men is carried out in accordance with such regulations, such person shall remain subject to the Acts and this Act as a soldier of the Forces or a man of the Reserve of Men (as the case may be). |