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18 1954

DEFENCE ACT, 1954

Chapter II.

Constitution of the Defence Forces and General Organisation thereof.

Constitution of the Defence Forces.

18. —The Defence Forces shall consist of—

(a) a defence force to be called and known as na Buan--Óglaigh or (in English) the Permanent Defence Force, comprising army, naval and air components, and

(b) a defence force to be called and known as na hÓglaigh Cúltaca or (in English) the Reserve Defence Force, comprising army, naval and air components.

Constitution of the Permanent Defence Force.

19. —The Permanent Defence Force shall consist of—

(a) persons who are appointed thereto as officers and are for the time being officers of the Permanent Defence Force,

(b) persons who are enlisted therein as men under section 53 or 54 and are for the time being men of the Permanent Defence Force,

(c) persons who, having enlisted therein as men under section 53 and having been transferred to the Reserve Defence Force under section 70, re-enter the Permanent Defence Force under subsection (3) of section 63 and are for the time being men of the Permanent Defence Force, and

(d) persons who are for the time being members of the Army Nursing Service.

Constitution of the Reserve Defence Force.

20. —The Reserve Defence Force shall consist of—

(a) persons who are appointed thereto as officers and are for the time being officers of the Reserve Defence Force,

(b) persons who are transferred thereto as men from the Permanent Defence Force under section 70 and are for the time being reservists, and

(c) persons who are directly enlisted therein as men under section 55 and are for the time being reservists.

Classes of the Reserve Defence Force.

21. —(1) The Reserve Defence Force shall be divided into the following classes—

(a) a class to be called the Reserve of Officers (First Line) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

(b) a class to be called the Reserve of Officers (An Fórsa Cosanta Aitiúil) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

(c) a class to be called the Reserve of Officers (An Slua Muirí) which shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44,

(d) a class to be called the Reserve of Men (First Line) which shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who, having enlisted under section 53, are transferred to the Reserve Defence Force in pursuance of section 70 and are for the time being reservists,

(ii) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who, are enlisted under section 55 for service in that class and are for the time being reservists, and

(iii) such reservists as may from time to time stand assigned to that class under section 62,

(e) a class to be called the Reserve of Men (An Fórsa Cosanta Aitiúil) which shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii) such reservists as may from time to time stand assigned to that class under section 62,

(f) a class to be called the Reserve of Men (An Slua Muirí) which shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii) such reservists as may from time to time stand assigned to that class under section 62,

(g) such other classes as may be constituted by the Minister under subsection (2) or (3) of this section.

(2) (a) The Minister may by regulations constitute such and so many classes of officers of the Reserve Defence Force as he thinks fit and assign to any class so constituted such title as he thinks fit.

(b) A class of the Reserve Defence Force constituted under this subsection shall consist of such officers of the Reserve Defence Force as may from time to time stand assigned to that class under section 44.

(3) (a) The Minister may by regulations constitute such and so many classes of reservists as he thinks fit and assign to any class so constituted such title as he thinks fit.

(b) A class of the Reserve Defence Force constituted under this subsection shall consist of—

(i) men (other than men who for the time being stand assigned to another class of reservists under subsection (2) of section 62) who are enlisted under section 55 for service in that class and are for the time being reservists, and

(ii) such reservists as may from time to time stand assigned to that class under section 62.

(4) If at any time there are no members of the Reserve Defence Force for the time being assigned to a particular class of the Reserve Defence Force, the Minister may by regulations abolish that class.

(5) The Minister may from time to time by regulations substitute for the existing title of a particular class of the Reserve Defence Force such other title as he thinks fit and specifies in the regulations.

Organisation of the Defence Forces.

22. —(1) The Defence Forces shall be organised into such staffs, units and other elements as may be prescribed.

(2) The numerical establishment and title of each staff, unit or other element of the Defence Forces and the various ranks and appointments therein shall be such as may be prescribed.

Service corps.

23. —The Minister may by regulations declare that any military body (being a staff, unit or other element organised under section 22) or any combination of such military bodies shall be a service corps for the purposes of this Act and assign to that service corps such title as he thinks fit.

Commissioned ranks in the Defence Forces.

24.— (1) (a) The several ranks set out in column (2) of the Second Schedule to this Act shall be the commissioned army ranks in the Defence Forces.

(b) Any commissioned army rank set out in column (2) of the Second Schedule to this Act before any other commissioned army rank shall be higher than that other commissioned army rank.

(2) (a) The several ranks set out in column (3) of the Second Schedule , to this Act shall be the commissioned naval ranks in the Defence Forces.

(b) Any commissioned naval rank set out in column (3) of the Second Schedule to this Act before any other commissioned naval rank shall be higher than that other commissioned naval rank.

(3) For the purposes of this Act—

(a) the commissioned army rank set out in column (2) of the Second Schedule to this Act at any reference number (being reference number 3, 4, 5, 6, 7 or 8) shall be deemed to correspond to the commissioned naval rank set out in column (3) of the said Second Schedule at that reference number;

(b) the commissioned army rank set out in column (2) of the said Second Schedule at reference number 9 shall be deemed to correspond to each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 9;

(c) the commissioned naval rank set out in column (3) of the said Second Schedule at any reference number (being reference number 3, 4, 5, 6, 7 or 8) shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at that reference number;

(d) each of the commissioned naval ranks set out in column (3) of the said Second Schedule at reference number 9 shall be deemed to correspond to the commissioned army rank set out in column (2) of the said Second Schedule at reference number 9.

(4) Subject to subsection (5), the Minister may—

(a) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (c) of this subsection) a particular commissioned army rank (not being that of second-lieutenant) shall, in lieu of that commissioned army rank, hold the corresponding commissioned naval rank,

(b) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (d) of this subsection) the commissioned army rank of second-lieutenant shall, in lieu of that commissioned army rank, hold such one of the following commissioned naval ranks, namely, ensign and midshipman, as may be specified in the direction,

(c) direct that an officer who holds (whether by virtue of his appointment thereto or a direction given under paragraph (a) of this subsection) a particular commissioned naval rank (not being that of ensign or midshipman) shall, in lieu of that commissioned naval rank, hold the corresponding commissioned army rank,

(d) direct that an officer who holds (whether by virtue of his appointment thereto or a direction under paragraph (b) of this subsection) the commissioned naval rank of ensign or midshipman shall, in lieu of that commissioned naval rank, hold the commissioned army rank of second-lieutenant,

and any such direction shall have effect according to the tenor thereof.

(5) A direction shall not be given in respect of an officer under subsection (4) of this section except with his consent.

Non-commissioned ranks in the Defence Forces.

25. —(1) (a) The several ranks set out in column (2) of the Third Schedule to this Act shall be the non-commissioned army ranks in the Defence Forces.

(b) Any non-commissioned army rank set out in column (2) of the Third Schedule to this Act before any other non-commissioned army rank shall be higher than that other non-commissioned army rank.

(2) (a) The several ranks set out in column (3) of the Third Schedule to this Act shall be the non-commissioned naval ranks in the Defence Forces.

(b) Any non-commissioned naval rank set out in column (3) of the Third Schedule to this Act before any other non-commissioned naval rank shall be higher than that other non-commissioned naval rank.

(3) The Minister may by regulations declare that, in relation to any particular service corps, the holder of non-commissioned army rank therein shall, in lieu of holding a rank specified in column (2) of the Third Schedule to this Act, hold such other equivalent rank as may be specified in such regulations and, in that case, references in any Saorstát Éireann statute or in any Act of the Oireachtas (whether passed before or after this Act), or in any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), to a rank specified in the said column (2) shall as respects that service corps be construed as references to the equivalent rank specified in such regulations.

(4) The Minister may by regulations divide any non-commissioned army rank or non-commissioned naval rank into such and so many grades as he thinks fit and assign to each of those grades such distinctive description as he thinks fit.

(5) The Minister may by regulations divide any non-commissioned naval rank into such and so many ratings as he thinks fit and assign to each of those ratings such distinctive description as he thinks fit.

(6) For the purposes of this Act—

(a) the non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall be deemed to correspond to the non-commissioned naval rank set out in column (3) of the said Third Schedule at that reference number;

(b) the non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall be deemed to correspond to the non-commissioned army rank set out in column (2) of the said Third Schedule at that reference number.

(7) Subject to subsection (8), the Minister may—

(a) direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph (b) of this subsection) a particular non-commissioned army rank set out in column (2) of the Third Schedule to this Act at any reference number shall, in lieu of that non-commissioned army rank, hold the corresponding non-commissioned naval rank,

(b) direct that a man who holds (whether by virtue of his enlistment or his appointment thereto or a direction given under paragraph (a) of this subsection) a particular non-commissioned naval rank set out in column (3) of the said Third Schedule at any reference number shall, in lieu of that non-commissioned naval rank, hold the corresponding non-commissioned army rank,

and any such direction shall have effect according to the tenor thereof.

(8) A direction shall not be given in respect of a man under subsection (7) of this section except with his consent.

General regulations in relation to the Defence Forces.

26. —The Minister may make regulations, not inconsistent with this Act, in relation to all or any of the matters mentioned in the Fourth Schedule to this Act.