Defence Forces (Temporary Provisions) Act, 1947

• Permanent Page URL

Number 4 of 1947.

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1947.

ARRANGEMENT OF SECTIONS

SCHEDULE.

Number 4 of 1947.

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1947.

AN ACT TO CONTINUE, AMEND AND EXTEND THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACTS, 1923 TO 1946. [18th March, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions and construction.

1.—(1) In this Act—

the expression “the Acts” means the Defence Forces (Temporary Provisions) Acts, 1923 to 1946;

the expression “the Principal Act” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment;

the expression “the Naval Service” means the branch of the Defence Forces known as the Naval Service and formerly known as the Marine Service.

(2) The Acts and this Act shall be read and construed together and accordingly every word and expression used in this Act to which a particular meaning is given by the Acts has in this Act the meaning so given.

Continuance of the Acts.

2.—The Acts, as amended and extended by this Act, shall continue in force until midnight on the 31st day of March, 1948, and shall then expire.

Commissioned ranks in the Defence Forces.

3.—(1) The ranks set out in the second column of the Table hereto shall be the grades of commissioned military rank in the Defence Forces, and any grade of commissioned military rank set out in the said second column before any other grade of commissioned military rank shall be senior to such other grade.

(2) The ranks set out in the third column of the Table hereto shall be the grades of commissioned naval rank in the Defence Forces, and any grade of commissioned naval rank set out in the said third column before any other grade of commissioned naval rank shall be senior to such other grade.

(3) (a) For the purposes of any enactment to which this subsection 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 naval 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 naval rank shall be construed as including references to such commissioned naval rank.

(b) This subsection 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.

(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 subsection (5) of this 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 naval 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 subsection (4) of this section) a particular commissioned naval rank shall, in lieu of that commissioned naval rank, hold the commissioned military rank corresponding to such commissioned naval rank, and any such direction shall have effect according to the tenor thereof.

TABLE OF COMMISSIONED RANKS.

Existing Majors to be Lieutenant-Colonels and consequential provisions.

4.—(1) Every officer who on the date of the passing of this Act holds the commissioned rank of Major shall, on the said date, be and become a Lieutenant-Colonel.

(2) References in any Saorstát Éireann statute or any Act of the Oireachtas or in any regulations made thereunder or in any Scheme made under the Defence Forces (Pensions) Acts, 1932 and 1938, to the rank of Major shall, on and after the passing of this Act, be construed as references to the rank of Lieutenant-Colonel.

(3) Service in the rank of Major shall, for the purposes of the Acts and any regulations made thereunder and for the purposes of any Scheme made under the Defence Forces (Pensions) Acts, 1932 and 1938, be regarded as service in the rank of Lieutenant-Colonel.

Non-commissioned ranks and ratings in the Defence Forces.

5.—(1) The ranks set out in the second column of the Table hereto shall be the grades of non-commissioned military rank in the Defence Forces, and any grade of non-commissioned military rank set out in the said second column before any other grade of non-commissioned military rank shall be senior to such other grade.

(2) The rank set out in the third column of the Table hereto shall be the grade of non-commissioned naval rank in the Defence Forces, and shall be senior to any grade of non-commissioned naval rating set out in the fourth column of the said Table.

(3) The ratings set out in the fourth column of the Table hereto shall be the grades of non-commissioned naval rating in the Defence Forces, and any grade of non-commissioned naval rating set out in the said fourth column before any other grade of non-commissioned naval rating shall be senior to such other grade.

(4) (a) For the purposes of any enactment to which this subsection applies or any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 and 1938,—

(i) the naval rank of Warrant Officer shall be deemed to be a rank corresponding to the military rank of Sergeant-Major, and references in any such enactment or scheme to the rank of Sergeant-Major shall be construed as including references to the rank of Warrant Officer;

(ii) every naval rating mentioned in the fourth column of the Table hereto shall be deemed to be a rank corresponding to the military rank respectively mentioned opposite thereto in the second column of the said Table, and references in any such enactment or scheme to a grade of non-commissioned military rank corresponding to a grade of non-. commissioned naval rating shall be construed as including references to such grade of non-commissioned naval rating.

(b) This subsection 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.

(5) (a) The Minister may by regulations direct that in relation to any Corps or Service or part of a Corps or Service the holder of non-commissioned military rank therein shall, in lieu of holding a rank specified in the second column of the Table hereto, hold such other equivalent rank as may be specified in such regulations, and in such case references in any enactment to which this subsection applies or in any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 and 1938, to a rank specified in the said second column shall as respects such Corps or Service or part of such Corps or Service be construed as references to the equivalent rank specified in such regulations.

(b) This subsection 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.

(6) The Minister may by regulations divide any grade of naval rating mentioned in the fourth column of the Table hereto into such and so many classes as he thinks fit and may assign to each such class such distinctive description as he thinks proper.

(7) The Minister may direct that a member of the Defence Forces who holds (whether by virtue of his appointment thereto or a direction given under subsection (8) of this section) the military rank of Sergeant-Major shall, in lieu of that military rank, hold the naval rank of Warrant Officer, and any such direction shall have effect according to the tenor thereof.

(8) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his appointment thereto or a direction given under subsection (7) of this section) the naval rank of Warrant Officer shall, in lieu of that naval rank, hold the military rank of Sergeant-Major, and any such direction shall have effect according to the tenor thereof.

(9) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his enlistment or appointment thereto or a direction given under subsection (10) of this section) a non-commissioned military rank (other than that of Sergeant-Major) set out in the second column of the Table hereto shall, in lieu of that non-commissioned military rank, hold the grade of non-commissioned naval rating set out in the fourth column of the said Table opposite the mention of such non-commissioned military rank, and any such direction shall have effect according to the tenor thereof.

(10) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his enlistment or appointment thereto or a direction given under subsection (9) of this section) a grade of non-commissioned naval rating set out in the fourth column of the Table hereto shall, in lieu of that grade of non-commissioned naval rating, hold the non-commissioned military rank set out in the second column of the said Table opposite the mention of such non-commissioned naval rating, and any such direction shall have effect according to the tenor thereof.

TABLE OF NON-COMMISSIONED RANKS AND RATINGS.

Definition of “noncommissioned officer.”

6.—The expression “non-commissioned officer” where it occurs in the Acts or in any enactment (including this Act) amending the Acts shall be construed as meaning a member of the Defence Forces holding any grade of rank or rating set out at any reference number (other than reference number 7) in the Table to section 5 of this Act.

Adaptation of references to marine rating.

7.—References in the Acts to marine rating shall be construed as references to naval rating.

Adaptation of terminology of Acts as applicable to the Naval Service.

8.—(1) For the purpose of adapting the terminology of the Acts, in their application to the Naval Service, to naval usage, but without prejudice to the status, under the Acts, of members of the Naval Service, the following provisions shall have effect:—

(a) in the Acts (as applicable to the Naval Service) and in any orders, rules and regulations (as applicable to the Naval Service) made under the Acts—

(i) references (except in section 208 of the Principal Act) to a person subject to military law as an officer shall be construed as references to a person subject to naval law as an officer,

(ii) references (except in section 209 of the Principal Act) to a person subject to military law as a soldier shall be construed as references to a person subject to naval law as a sailor,

(iii) references (except in sections 208 and 209 of the Principal Act) to a person subject to military law shall be construed as references to a person subject to naval law,

(iv) references (except in section 209 of the Principal Act) to a soldier shall be construed as references to a sailor,

(v) references to military discipline shall be construed as references to naval discipline,

(vi) references to reduction to a lower grade or a lower rank, shall,—

(I) in the case of a warrant officer, be construed as references to reduction to a grade of naval rating, and

(II) in the case of a person holding a grade of naval rating, be construed as references to reduction to a lower grade of naval rating,

(vii) references to reduction to the ranks shall be construed as references to reduction to the naval rating of seaman,

(viii) references to army service shall be construed as references to navy service,

(ix) references to military service shall be construed as references to naval service,

(x) references to military command shall be construed as references to naval command;

(b) the Government may from time to time by order make such other adaptations of the Acts (as applicable to the Naval Service) as they think fit.

(2) For the purposes of the Acts and orders, rules and regulations made thereunder, as adapted by or under subsection (1) of this section—

the expression “person subject to naval law as an officer” means a person being—

(a) an officer of the Forces holding a naval rank, or

(b) an officer of the Reserve of Officers holding a naval rank, when he is ordered on duty for which as such officer he is liable, or

(c) an officer of the Reserve of Officers holding a naval rank, when engaged in voluntary training or when undergoing treatment in any hospital under the control of the Minister or when in uniform;

the expression “person subject to naval law as a sailor” means any person being—

(a) a member of the Forces who holds the naval rank of warrant officer or is a naval rating,

(b) a man (in this definition referred to as a naval reservist) of the Reserve of Men who holds the naval rank of warrant officer or is a naval rating when—

(i) called for training or exercise, or

(ii) called out for duty in aid of the civil power, or

(iii) called out on permanent service, or

(iv) employed on service under the orders of an officer of the Forces, or

(c) a naval reservist when engaged in voluntary training or when undergoing treatment in any hospital under the control of the Minister or when in uniform;

the expression “person subject to naval law” means any person being—

(a) a person subject to naval law as an officer (as defined in this subsection), or

(b) a person subject to naval law as a sailor (as defined in this subsection);

the word “sailor” means a person subject to naval law as a sailor (as defined in this subsection) while he is so subject.

Construction of references to military Defence Forces.

9.—In any Saorstát Eireann statute or Act of the Oireachtas references to military Defence Forces shall be construed as including references to the Naval Service.

Repeals.

10.—The enactments set out in the first column of the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

Short title and collective citation.

11.—(1) This Act may be cited as the Defence Forces (Temporary Provisions) Act, 1947.

(2) The Acts and this Act may be cited together as the Defence Forces (Temporary Provisions) Acts, 1923 to 1947.

SCHEDULE.

Enactments Repealed.

Section 10 .