Defence Forces (Temporary Provisions) (No. 2) Act, 1940

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Number 11 of 1940.

DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940.

ARRANGEMENT OF SECTIONS

Preliminary and General.

Section
1.	Short title and collective citation.
2.	Definitions and construction.
3.	Employment on State ships.
4.	Period of emergency.
5.	Extra-territorial application of the Acts and this Act.
6.	Active service.
7.	Expenses.
8.	Repeals.

PART II.

Special Powers in Relation to Defence.

Chapter I.

Powers in relation to transport undertakings.

9.	Definitions for purposes of Chapter I of Part II.
10.	Precedence of military traffic on transport undertakings during a period of emergency.
11.	Adaptation of plant of transport undertakings.

Chapter II.

Billeting during a period of emergency.

12.	Emergency billeting.

PART III.

Provisions in Relation to Command, Constitution and Organisation of the Defence Forces.

13.	Military command.
14.	Division of the Reserve into classes.
15.	The Reserve of officers.
16.	The Reserve of Men.
17.	Commissioned ranks in the Defence Forces.
18.	Non-commissioned ranks and ratings in the Defence Forces.

PART IV.

Provisions in Relation to Officers and Soldiers, Enlistment of Soldiers, and Military Service.

Chapter I.

Officers and Soldiers.

19.	Oath to be taken by officers.
20.	Relinquishment of commission by officers of the Reserve.
21.	Oath to be taken by soldiers.

Chapter II.

Enlistment in Forces for period of emergency and direct enlistment in the Reserve of Men.

22.	Application of Chapter II of Part IV.
23.	Definition for purposes of Chapter II of Part IV.

Enlistment in Forces for period of an emergency.

24.	Enlistment in Forces for a period of emergency.

Direct enlistment in the Reserve of Men and period of service.

25.	Limit of term of original enlistment in the Reserve of Men.
26.	Extension of term of original enlistment in the Reserve of Men.

Proceedings for enlistment and attestation of recruits.

27.	Recruiting regulations.
28.	Mode of enlisting recruits.
29.	Effect of signing attestation and taking oath or making declaration by recruit.

Appointments of Soldiers to Corps and Services.

30.	Enlistment for general service and appointment to Corps and Services.

Discharge of Soldiers of the Forces on completion of service.

31.	Discharge of soldiers of the Forces.
32.	Free conveyance of soldier of the Forces discharged.

Discharge on completion of service of men of the Reserve of Men.

33.	Reckoning of service of men of the Reserve of Men.
34.	Discharge of man of the Reserve of Men on completion of service.

General provisions in relation to discharge.

35.	Directions for discharge.
36.	Provisions in relation to discharge.
37.	Certificate on discharge.

Miscellaneous Provisions.

38.	Recruits punishable for false answers.
39.	Application of section 162 of the Principal Act.
40.	The prescribed military authority for purposes of Part II of Chapter IV.

Chapter III.

Military Service of Members of the Defence Forces.

41.	Military service of members of the Defence Forces.
42.	Additional provisions in relation to directly enlisted reservists.

PART V.

Discipline.

Chapter I.

Extension of Liability to Military Law.

43.	Amendment of section 208 of the Principal Act.
44.	Amendment of section 209 of the Principal Act.

Chapter II.

Extension of offences against Military Law.

45.	Offences against military law.
46.	Application of section 80 of the Principal Act to certain offences.
47.	Amendment or section 82 of the Principal Act.
48.	Amendment of section 86A of the Principal Act.

Chapter III.

Investigation of charges against Officers.

49.	Charges against officers.

PART VI.

Miscellaneous Provisions.

50.	Amendment of section 29 of the Principal Act.
51.	Amendment of section 31 of the Principal Act.
52.	Amendment of section 120 of the Principal Act.
53.	Amendment of section 123 of the Principal Act.
54.	Apprehension of suspected deserters and absentees.
55.	Certain matters and documents to be evidence.
56.	Exemption of officers and soldiers from certain provisions of the Road Traffic Act, 1933, during a period of emergency.
57.	Restoration to employment of, and other provisions in relation to, reservists called out on permanent service and soldiers enlisted in the Forces for a period of emergency.
58.	Restrictions on recruiting for other States.

FIRST SCHEDULE.

Enactments Repealed.

SECOND SCHEDULE.

Form of Oath or Declaration to be Taken or Made by Officers of the Forces.

THIRD SCHEDULE.

Form of Oath or Declaration to be Taken or Made by Officers of the Reserve of Officers.

FOURTH SCHEDULE.

Form of Oath or Declaration to be Taken or Made by Persons Enlisting in Forces.

FIFTH SCHEDULE.

Form of Oath or Declaration to be Taken or Made by Persons Enlisting in the Reserve of Men.

SIXTH SCHEDULE.

Offences Against Military Law.

Acts Referred to
Defence Forces (Temporary Provisions) Act, 1923	No. 30 of 1923
Road Transport Act, 1932	No. 2 of 1932
Road Transport Act, 1933	No. 8 of 1933
Defence Forces Act, 1937	No. 41 of 1937
Defence Forces (Temporary Provisions) Act, 1925 .	No. 4 of 1925
Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924	No. 38 of 1924
Road Traffic Act, 1933	No. 11 of 1933

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Number 11 of 1940.

DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940.

AN ACT TO AMEND AND EXTEND THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACTS, 1923 TO 1940. [7th June, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Defence Forces (Temporary Provisions) (No. 2) Act, 1940 Permanent Page URL

Defence Forces (Temporary Provisions) (No. 2) Act, 1940

Permanent Page URL