Defence (Amendment) Act 2011
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Amendment of section 184C of Principal Act. |
3.— (1) Section 184C(1) of the Principal Act is amended by inserting “, or a qualified person other than an officer of the Permanent Defence Force,” after “Permanent Defence Force”. | |
(2) Section 184C(2) of the Principal Act is amended by inserting “, or a person other than an officer of the Permanent Defence Force,” after “an officer”. | ||
(3) Section 184C of the Principal Act is amended by inserting the following subsection after subsection (3): | ||
“(3A) For the purposes of this section— | ||
(a) service, in respect of which a determination has been made in accordance with section 184D(3A), shall be deemed to be practice as a barrister or a solicitor, as the case may be, for the period to which that service relates, and | ||
(b) the officer in respect of whom that service relates shall be deemed to be a practising barrister or a practising solicitor, as the case may be, while holding the position to which that service relates.”. | ||
(4) Section 184C of the Principal Act is amended by inserting the following subsection after subsection (3A): | ||
“(3B) For the purposes of this section, having regard to the appointment of a person other than an officer of the Permanent Defence Force— | ||
(a) service for any period in a position in the full-time service of the State (including as a member of the Permanent Defence Force and as a civil servant within the meaning of the Civil Service Regulation Act 1956 ) for which qualification as a barrister or solicitor was a requirement shall be deemed to be practice as a barrister or a solicitor, as the case may be, for that period, and | ||
(b) a person, other than an officer of the Permanent Defence Force, while holding that position, shall be deemed to be a practising barrister or a practising solicitor, as the case may be.”. | ||
(5) Section 184C of the Principal Act is amended by inserting the following subsection after subsection (4): | ||
“(5) Where a qualified person, referred to in subsection (1), is to be appointed under subsection (1) to be the Director that person shall, for the purposes of subsection (4), be nominated for appointment as a commissioned officer under section 42 at the rank specified in subsection (4).”. |