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24 2007

Defence (Amendment) Act 2007

SCHEDULE 2

Amendments to Principal Act

Section 4 .

Provision affected

Amendment

(1)

(2)

Section 50

Insert the following subsection after subsection (3):

“(4) This section shall not apply to a military judge.”.

Section 81(1)(c)

Substitute “disgrace” for “ignominy”.

Section 126(2)

(a) In paragraph (a), substitute “under the influence of an intoxicant” for “drunk”.

(b) In subparagraph (ii), substitute “disgrace” for “ignominy”.

Section 139

Substitute “disgrace” for “ignominy”.

Section 152

Substitute “service aircraft or service aircraft material” for “an aircraft or aircraft material”.

Section 159

(a) In subsection (1)(c), substitute “under the influence of an intoxicant” for “drunk”.

(b) Substitute the following for subsection (2):

“(2) For the purposes of paragraph (c) of subsection (1) of this section a person shall be deemed to have been under the influence of an intoxicant while driving or attempting to drive a service vehicle if—

(a) the officer investigating the charge under Chapter IV of this Part, or

(b) the summary court-martial or, in the case of a general court-martial or limited court-martial, the court-martial board,

is satisfied that such person was, by reason of the taking by him of an intoxicant, in such a condition that he was incapable of exercising effective control of such vehicle while in motion.”.

Section 169(3)(g)

Substitute “disgrace” for “ignominy”.

Section 175(1)(b)(iii)

Delete “and the finding has been confirmed”.

Section 183(2)

Substitute “€2,000” for “£100”.

Section 196

(a) In subsection (4), substitute “military judge” for “president of the court-martial”.

(b) In subsection (5), substitute “military judge” for “president” in each place where it occurs.

Section 200(1)

Delete “president or other”.

Section 204

Delete “shall not require confirmation or be subject to revision and”.

Section 206(2)(a) and (c)

Substitute “disgrace” for “ignominy”.

Section 239(2)

(a) Insert “or air” after “sea” in each place where it occurs.

(b) Insert “or aircraft” after “ship” in each place where it occurs.

Section 242(1)

Substitute “€2,000” for “£250”.

Section 243(2)(b)

Substitute “€2,000” for “£250”.

Section 244

Substitute “shall be evidence, until the contrary is shown,” for “shall be conclusive evidence”.

Section 245

Substitute “€2,000” for “£250”.

Section 248

(a) Insert “or, where relevant, in proceedings under Chapter IV of this Part” after “civil court”.

(b) In paragraphs (e) and (f), substitute “(whether printed or made available by electronic means or otherwise in non-legible form which is capable of being reproduced in permanent legible form)” for “(whether printed or cyclostyled)” in each place where it occurs.

Section 249(2)

Substitute “a member of the Reserve Defence Force” for “a man of the Reserve Defence Force”.

Section 250

(a) In subsection (1), substitute “military judge” for “president thereof”.

(b) In subsection (2), delete “and the action of the confirming authority thereon”.