Defence (Amendment) Act, 1998

Defence (Amendment) Act, 1998 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 1998 Defence (Amendment) Act, 1998 Defence (Amendment) Act, 1998 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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 31 of 1998 DEFENCE (AMENDMENT) ACT, 1998 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Amendment of section 2 of Principal Act. 3. Amendment of section 12 of Principal Act. 4. Military element of Department of Defence. 5. Amendment of section 22 of Principal Act. 6. Amendment of section 114 of Principal Act. 7. Amendment of section 248 of Principal Act. 8. Amendment of section 304 of Principal Act. 9. Transitional provisions. 10. Adaptations. 11. Repeal of section 295 of Principal Act. 12. Short title, commencement, collective citation and construction. Acts Referred to Defence Act, 1954 1954, No. 18 Defence Acts, 1954 to 1993 Interpretation Act, 1937 1937, No. 38 Number 31 of 1998 DEFENCE (AMENDMENT) ACT, 1998 AN ACT TO PROVIDE FOR THE RE-ORGANISATION OF THE HEADQUARTERS OF THE DEFENCE FORCES AND FOR THAT PURPOSE TO PROVIDE FOR THE APPOINTMENT OF A DEPUTY CHIEF OF STAFF (OPERATIONS) OF THE DEFENCE FORCES AND A DEPUTY CHIEF OF STAFF (SUPPORT) OF THE DEFENCE FORCES, TO PROVIDE FOR THE AMENDMENT OF THE DEFENCE ACT, 1954 , AND TO PROVIDE FOR RELATED MATTERS. [8th July, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—(1) In this Act “the Principal Act” means the Defence Act, 1954 . (2) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. (3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment. Amendment of section 2 of Principal Act. 2.—Section 2(1) of the Principal Act is hereby amended— (a) by the insertion of the following definitions: “‘Defence Forces Headquarters’ shall be construed in accordance with section 13 (inserted by section 4 of the Defence (Amendment) Act, 1998); ‘Deputy Chief of Staff (Operations)’ means the Deputy Chief of Staff (Operations) of the Defence Forces; ‘Deputy Chief of Staff (Support)’ means the Deputy Chief of Staff (Support) of the Defence Forces;”, and (b) by the deletion of the definitions of “the Adjutant-General” and “the Quartermaster-General”. Amendment of section 12 of Principal Act. 3.—Section 12 of the Principal Act is hereby amended— (a) in subsection (1), by the substitution of the following paragraphs for paragraphs (b) and (c): “(b) a Deputy Chief of Staff (Operations) of the Defence Forces, and (c) a Deputy Chief of Staff (Support) of the Defence Forces.”, (b) by the substitution of the following subsection for subsection (2): “(2) (a) An appointment to the office of Chief of Staff shall be made by the President. (b) Every person appointed to the office of Chief of Staff shall be an officer of the Permanent Defence Force. (c) Every holder of the office of Chief of Staff shall hold that office for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for re-appointment on the expiration of that term. (d) Where the holder of the office of Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to hold the office of Chief of Staff. (e) The President may, for stated reasons, remove the Chief of Staff from office.”, and (c) by the insertion of the following subsection after subsection (2): “(3) (a) In this subsection, ‘the Deputy Chief of Staff’ means, as the context may require, the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support). (b) The Government shall appoint the Deputy Chief of Staff and may, for stated reasons, terminate his or her appointment as Deputy Chief of Staff. (c) A person appointed to be the Deputy Chief of Staff shall be an officer of the Permanent Defence Force. (d) Subject to this subsection, a person shall be appointed to be the Deputy Chief of Staff for such term (not exceeding 5 years) as may be specified in the instrument of his or her appointment but shall be eligible for reappointment on the expiration of that term. (e) Where a person appointed to be the Deputy Chief of Staff ceases to be an officer of the Permanent Defence Force, he or she shall also cease to be the Deputy Chief of Staff.”. Military element of Department of Defence. 4.—The following section shall be substituted for section 13 of the Principal Act: “13.—(1) There shall stand established in the Department of Defence a military element (which shall be known, and is referred to in this Act, as ‘Defence Forces Headquarters’), the head of which shall be the Chief of Staff. (2) Subject to the Defence Acts, 1954 to 1998, there shall be assigned to the Chief of Staff such duties in connection with the business of the Department of Defence as the Minister may from time to time determine. (3) The Chief of Staff shall be directly responsible to the Minister for the performance of such duties as may from time to time be assigned to him or her under subsection (2). (4) The Chief of Staff may, subject to the approval of the Minister, delegate such duties assigned to him or her under subsection (2) as he or she considers appropriate to the Deputy Chief of Staff (Operations) or the Deputy Chief of Staff (Support).”. Amendment of section 22 of Principal Act. 5.—Section 22(2) of the Principal Act is hereby amended by the substitution of “of the Defence Forces and the number in each rank thereof” for “and title of each staff, unit or other element of the Defence Forces and the various ranks and appointments therein”. Amendment of section 114 of Principal Act. 6.—Section 114(2) of the Principal Act is hereby amended by the substitution of “the Chief of Staff” for “the Adjutant-General”. Amendment of section 248 of Principal Act. 7.—Section 248 of the Principal Act is hereby amended by the substitution of “the Chief of Staff” for “the Adjutant-General” in paragraphs (e) and (f). Amendment of section 304 of Principal Act. 8.—Section 304 of the Principal Act is hereby amended by the substitution of “Defence Forces Headquarters” for “any of the Principal military branches of the Department of Defence” in subsections (1) and (2). Transitional provisions. 9.—(1) The person who, immediately before the commencement of this Act, holds the office of Adjutant-General shall be deemed, upon such commencement, to stand appointed to be Deputy Chief of Staff (Operations) and subject to this Act, his or her appointment shall be for the residue of the term for which he or she had been appointed to the first-mentioned office and upon and subject to the other terms and conditions of the first-mentioned office, but shall be eligible for re-appointment as Deputy Chief of Staff (Operations) on the expiration of that term. (2) The person who, immediately before the commencement of this Act, holds the office of Quartermaster-General shall be deemed, upon such commencement, to stand appointed to be Deputy Chief of Staff (Support) and subject to this Act, his or her appointment shall be for the residue of the term for which he or she had been appointed to the first-mentioned office and upon and subject to the other terms and conditions of the first-mentioned office, but shall be eligible for re-appointment as Deputy Chief of Staff (Support) on the expiration of that term. Adaptations. 10.—(1) Subject to sections 6 , 7 and subsection (3), references in any Act of the Oireachtas passed before the commencement of this Act or in any statutory instrument made before that day (other than such instruments (if any) as may be prescribed by the Minister) to the Adjutant-General or to the Quartermaster-General shall, on and after such commencement, be construed as references to the Deputy Chief of Staff (Support). (2) References in such statutory instruments (if any) as may be prescribed by the Minister under subsection (1) to the Adjutant-General or to the Quartermaster-General shall be construed as references to the Deputy Chief of Staff (Operations). (3) (a) References in sections 11 and 40 of the Principal Act to the Adjutant-General shall be construed as references to the Deputy Chief of Staff (Operations). (b) References in the said sections 11 and 40 to the Quartermaster-General shall be construed as references to the Deputy Chief of Staff (Support). (4) In this section— “prescribed” means prescribed by regulations made by the Minister; “statutory instrument” has the meaning assigned to it by the Interpretation Act, 1937 . Repeal of section 295 of Principal Act. 11.—Section 295 of the Principal Act is hereby repealed. Short title, commencement, collective citation and construction. 12.—(1) This Act may be cited as the Defence (Amendment) Act, 1998. (2) This Act shall come into operation on such day as the Minister may appoint by order. (3) The Defence Acts, 1954 to 1993, and this Act may be cited together as the Defence Acts, 1954 to 1998, and shall be construed together as one. 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