Defence Forces (Temporary Provisions) Act, 1946
I gCuid Bhunúsach
Is éard atá sa dlí seo ná leasú agus leathnú ar na hAchtanna um Fhórsaí Cosanta (Forálacha Sealadacha), 1923 go 1945, agus cuireann sé srian ar chaitheamh éide áirithe eachtracha sa Stát. Leanfaidh na hAchtanna, mar a leasaíodh agus mar a leathnaíodh leis an Acht seo, i bhfeidhm go dtí an 31 Márta, 1947.
Cad a rialaíonn sé
- Leasuithe ar fhorálacha éagsúla de na hAchtanna um Fhórsaí Cosanta roimhe seo.
- Coinníollacha maidir le hoifigigh a tharscaoileadh a gcoimisiúin.
- Dátaí éifeachtacha ceapacháin agus scor oifigeach.
- Ath-earcaíocht sa Chúltaca d'Fhir.
- Dífhostú uathoibríoch ó na Fórsaí Cosanta i gcás tréigean nó neamhláithreacht gan cead.
- Toirmeasc ar chaitheamh éide áirithe eachtracha.
Cé a bhaineann sé leis
- Baill d'Fhórsaí Cosanta na hÉireann, lena n-áirítear oifigigh agus fir an Chúltaca.
- Daoine a dhéanann tréigean nó a bhíonn as láthair gan cead ó na Fórsaí Cosanta.
- Daoine a chaitheann éide eachtracha áirithe sa Stát.
Príomhphointí
- Leanfaidh na hAchtanna i bhfeidhm go dtí an 31 Márta, 1947.
- Féadfaidh oifigeach an Chúltaca Oifigeach a choimisiún a tharscaoileadh nuair a shroicheann sé aois fhorordaithe nó ar ordú ón Uachtarán.
- Féadfaidh fear den Chúltaca d'Fhir ath-earcaíocht a dhéanamh ar feadh tréimhse iomlán leanúnach de sheirbhís aon bhliain is fiche.
- Dífhostófar baill d'Fhórsaí Cosanta a thréigeann nó a bhíonn as láthair gan cead ar feadh 180 lá nó níos mó go huathoibríoch.
- Tá srian ar chaitheamh éide áirithe eachtracha sa Stát.
Legal text
Defence Forces (Temporary Provisions) Act, 1946 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
- ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
- ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1946 Defence Forces (Temporary Provisions) Act, 1946 Defence Forces (Temporary Provisions) Act, 1946 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 7 of 1946. DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1946. ARRANGEMENT OF SECTIONS Section 1. Interpretation generally. 2. Continuance of the Acts. 3. Amendment of section 157 of the Principal Act. 4. Amendment of section 208 of the Principal Act. 5. Amendment of section 209 of the Principal Act. 6. Amendment of section 8 of the Act of 1937. 7. Amendment of section 19 of the No. 2 Act of 1940. 8. Amendment of section 21 of the No. 2 Act of 1940. 9. Amendment of section 57 of the No. 2 Act of 1940. 10. Relinquishment of commissions. 11. Effective dates of appointments, etc., of officers. 12. Re-engagement of reservist. 13. Automatic dismissal from the Defence Forces of certain deserters and absentees without leave, and provisions consequential on dismissal under the Emergency Powers (No. 362) Order, 1945, or this section. 14. Services of solicitors' apprentices in the Defence Forces. 15. Wrongful sale, etc., of equipment by a member of the Reserve. 16. Unlawful wearing of army uniform. 17. Bringing contempt on army uniform. 18. Dyeing and conversion of uniforms, etc. 19. Unauthorised use, etc., of decorations, etc. 20. Exemption of officers and soldiers from certain provisions of the Road Traffic Act, 1933. 21. Foreign uniforms. 22. Repeals. 23. Short title and collective citation. SCHEDULE. Acts Referred to Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Defence Forces Act, 1937 No. 41 of 1937 Defence Forces (Temporary Provisions) No. 2 Act, 1940 No. 11 of, 1940 Defence Forces (Temporary Provisions) Act, 1945 No. 10 of 1945 Unemployment Insurance Act, 1945 No. 23 of 1945 Emergency Powers Act, 1939 No. 28 of 1939 Road Traffic Act, 1933 No. 11 of 1933 Number 7 of 1946. DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1946. AN ACT TO AMEND AND EXTEND THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACTS, 1923 TO 1945, AND TO RESTRICT THE WEARING IN THE STATE OF CERTAIN FOREIGN UNIFORMS. [29th March, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation generally. 1.—
- a)a person to whom section 57 of the No. 2 Act of 1940 applies, either is discharged from his existing engagement and immediately re-enlisted by enlisting in the Reserve of Men under section 25 of the No. 2 Act of 1940, or is re-enlisted under section 3 of the Defence Forces (Temporary Provisions) Act, 1945 (No. 10 of 1945), without being discharged from the service under any provision of the Acts or regulations made thereunder relating to discharge from the service, and (
- b)such person is held in service as a reservist called out on permanent service, the said section 57 shall, in its application to him, be construed as if— (
- i)the definition (contained in subsection
- a)the appointment of a person to commissioned rank, (
- b)the dismissal (other than dismissal by sentence of a courtmartial) of an officer, (
- c)the resignation by an officer of his commission, (
- d)the retirement (otherwise than on the grounds of age or under subsection
- a)A man of the Reserve of Men may, with the approval of the prescribed military authority, after the expiration of nine years from the date of his attestation, be re-engaged for such further period of reserve service as will make up a total continuous period of twenty-one years' service reckoned from the date of his attestation and inclusive of any period previously served in the Forces. (
- b)In paragraph (
- a)of this subsection the expression “prescribed military authority” means such authority as may be prescribed by regulations, which the Minister is hereby authorised to make.
- a)a member of the Defence Forces has deserted or absented himself without leave on a date (in this subsection referred to as the date of desertion) which falls on or after the 3rd day of October, 1945, and during the emergency period, and (
- b)such member has not surrendered or been apprehended during the period of one hundred and eighty days beginning on the date of desertion, then, notwithstanding anything contained in the Acts, the following provisions shall apply— (
- i)such member shall, on and from the day next following the expiration of such last-mentioned period, by virtue of this subsection, stand dismissed from the Defence Forces for desertion in time of national emergency and cease to be a member of the Defence Forces, (
- ii)the pay and allowances of such member shall be automatically forfeited for every day during such last-mentioned period.
- a)such member shall be disqualified for a period of seven years from the date of such dismissal from holding— (
- i)any office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation, or (
- ii)any office or employment under any board or body established by or under statutory authority, or (iii) office as a paid member of any such board or body; (
- b)no pension, gratuity or allowance, in respect of his service in the Defence Forces, shall be payable, under the Army Pensions Acts, 1923 to 1946, to or in respect of such member; (
- c)no pension or gratuity shall be payable, under any scheme made under the Defence Forces (Pensions) Acts, 1932 and 1938, to or in respect of such member; (
- d)such dismissal shall not constitute a discharge for the purposes of the Unemployment Insurance Act, 1945 (No. 23 of 1945).
- a)the period specified in the order shall, for the purposes of the Act of 1898, be reckonable as actual service under his indentures of apprenticeship, (
- b)subsection
- i)after the words “such practising solicitor”, the words “except during a period declared, by an order made in respect of him by the Council of the Incorporated Law Society under Article 3 of the Emergency Powers (No. 285) Order, 1943 (S. R. & O., No. 268 of 1943), or under section 14 of the Defence Forces (Temporary Provisions) Act, 1946. to be reckonable, for the purposes of this Act, as actual service under his indentures of apprenticeship”, and (
- ii)after the words “employment of a solicitor”, the words “or service in the Defence Forces”, and (
- c)the forms of affidavit, for the purposes of the said section 25, prescribed by rules made under section 57 of the Act of 1898, may, in relation to that person, be modified in conformity with the amendments effected by paragraph (
- b)of this subsection.
- a)such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, (
- b)the Court by which such person is tried may, whether it convicts him of such offence or not, order him to pay to the Minister the value of the article. Unlawful wearing of army uniform. 16.—
- a)dyes, or receives for the purpose of dyeing, any service textile article or any article which he has reasonable grounds for believing is a service textile article or a converted service textile article, or (
- b)converts into another article or receives for the purpose of conversion into another article any service textile article, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
- a)any unauthorised person (in this subsection referred to as the offender) uses or wears any article to which this section applies or any colourable imitation thereof, or (
- b)any person (in this subsection referred to as the offender) falsely represents himself to be a person who is or has been entitled to wear any article to which this section applies, or (
- c)any person (in this subsection referred to as the offender) without lawful authority or excuse (the proof whereof shall lie on such person) supplies or offers to supply any article to which this section applies to a person not authorised to use or wear it, the offender shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months.
- a)a decoration, or (
- b)a medal, or (
- c)a medal ribbon, or (
- d)a badge, or (
- e)a wound stripe, or (
- f)rank insignia, or (
- g)an emblem. Exemption of officers and soldiers from certain provisions of the Road Traffic Act, 1933. 20.—
- a)is on duty, and (
- b)belongs to or is attached to any portion of the Defence Forces which is for the time being engaged on manoeuvres or exercises. Foreign uniforms. 21.—
- a)No person (in this subsection referred to as the conveyor) shall convey any other person (in this subsection referred to as the passenger) into the State by train, road vehicle or aircraft while the passengeris wearing any foreign uniform, unless the passenger produces on demand for inspection by or on behalf of the conveyor the consent in writing of a Minister of State to the entry of the passenger into the State while wearing such uniform. (
- b)The person in charge of any train, road vehicle or aircraft shall take all steps necessary to ensure that in relation to such train, road vehicle or aircraft there is no contravention of paragraph (
- a)of this subsection.
- a)It shall be the duty of the master of any ship arriving in the State to prevent any person from landing from such ship while wearing a foreign uniform, unless such person produces on demand for inspection by such master the consent in writing of a Minister to the entry of such person into the State while wearing such uniform. (
- b)Where the master of any ship prevents under this subsection any person from landing while wearing any foreign uniform, such master shall detain the said person on board such ship until the occurrence of whichever of the following events first occurs, that is to say— (
- i)such person removes such uniform, (
- ii)such person obtains the consent in writing of a Minister of State to enter the State while wearing such uniform, (iii) such ship leaves the State. (
- c)A member of the Gárda Síochána may assist the master of any ship in preventing under this subsection any person from landing from such ship or in detaining under this subsection any person in such ship.
- SCHEDULE. Enactments Repealed. No. and year Short title Extent of Repeal No. 30 of
- Defence Forces (Temporary Provisions) Act, 1923 . Section 193 . No. 4 of
- Defence Forces (Temporary Provisions) Act, 1925 . Section 10 . No. 41 of
- Defence Forces Act, 1937 . Section 10 . No. 11 of
- Defence Forces (Temporary Provisions) (No. 2) Act, 1940 . Section 20 . No. 6 of
- Defence Forces (Temporary Provisions) Act, 1941 . Section 6 . Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais