EIRE.

AN BILLE FORSAI COSANTA (FORALA SEALADACHA), 1947. DEFENCE FORCES (TEMPORARY PROVISIONS) BILL, 1947.

Mar do ritheadh ag I)ail Gireann. As passed by Dail Gireann.

ARRANGEMENT OF SECTIONS. Section. 1. Definitions and construction. 2. Continuance of the Acts. 3. Commissioned ranks in the Defence Forces. 4. Existing Majors to be Lieutenant-Colonels and consequential provisions. 5. Non-commissioned ranks and ratings in the Defence Forces. 6. Definition of “ non-commission(A officer.” 7. Adaptation of references to marine rating. 8. Adaptation of terminology of Acts as applicable to the Naval Service. 9. Construction of references to military Defence Forces, 10. Repeals. 11. Short title and collective citation.

SCHEDULE Enactments Repealed.

[No. 2a of 1947.] EIRE.

AN BILLE FORSAI COSANTA (FORALA SEALADACHA), 1947. DEFENCE FORCES (TEMPORARY PROVISIONS) BILL, 1947.

BILL

entitled 5

AN ACT TO CONTINUE, AMEND AND EXTEND THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACTS, 1923 TO 1946. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Definitions and 1. —(1) In this Act— 10 Construction. the expression “the Acts ” means the Defence Forces (Temporary Provisions) Acts, 1923 to 1946; the expression “ the Principal Act ” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment; 15 the expression “the Naval Service ” means the branch of the Defence Forces known as the Naval Service and formerly known as the Marine Service. •

(2) The Acts and this Act shall be read and construed together and accordingly every word and expression used in this Act to 20 which a particular meaning is given by the Acts has in this Act the meaning so given.

Continuance of the 2. —The Acts, as amended and extended by this Act, shall con­ Acts. tinue in force until midnight on the 31st day of March, 1948, and shall then expire. 25

Commissoned 3.—(1) The ranks set out in the second column of the Table ranks in the hereto shall be the grades of commissioned military rank in the Defence Forces. Defence Forces, and any grade of commissioned military rank set out in the said second column before any other grade of com­ missioned military rank shall be senior to such other grade. 30 (2) The ranks set out in the third column of the Table hereto shall be the grades of commissioned naval rank in the Defence Forces, and any grade of commissioned naval rank set out in the said third column before any other grade of commissioned naval rank shall be senior to such other grade. 35

(3) (a) For the purposes of any enactment to which this sub­ section applies or any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 and 1938, every commissioned naval rank mentioned in the third column of the Table 40 hereto shall be deemed to be a rank corresponding to the commissioned military rank respectively mentioned opposite thereto in the second column of the said Table, and references in any such enactment or scheme to a commissioned military rank corresponding to a com- 45 missioned naval rank shall be construed as including references to such commissioned naval rank. 2 (5) This subsection applies to any enactment, whether passed before or after this Act, including this Act, which is a Saorstat fiireann statute or an Act of the Oireachtas. (4) The Minister may direct that an officer of the De/cnce Forces 5 who holds (whether by virtue of his appointment thereto or a direction given under subsection (5) of this section) a commissioned military rank set out in the second column of the Table hereto shall, in lieu of that commissioned military rank, hold the com­ missioned naval rank set out in the third column of the said Table 10 opposite the mention of such commissioned military rank, and any such direction shall have effect according to the tenor thereof. (5) The Minister may direct that an officer of the Defence Forces who holds (whether by virtue of his appointment thereto or a direction given under subsection (4 ) of this section) a particular 15 commissioned naval rank shall, in lieu of that commissioned naval rank, hold the commissioned military rank corresponding to such commissioned naval rank, and any such direction shall have effect according to the tenor thereof. TABLE OF COMMISSIONED RANKS.

Ref. Military Ranks Naval Ranks No. (1) (2) (3) 1 Gineardl or (in English) General. — 2 Lefteanant-Ghineardl or (in — English) Lieutenant-General. 3 Maor-Ghineardl or (in English) Fo-Aimirdal or (in English) Com- Major-General. modoro. 4 Comal or (in English) Colonel. Captaen or (in English) Captain. 5 Lefteanant-Chomal or (in Eng­ Coannasaf or (in English) Com­ lish) Lieutenant-Colonel. mander. 6 Ceannphort or (in English) Com­ Lefteanant-Cheannasaf or (in mandant. English) Lieutenant-Comman- dor. 7 Captaen or (in English) Captain. Leftoanant or (in English) Lieu­ tenant. 8 Leftoanant or (in English) Lieu­ Fo-Lefteanant or (in English) tenant. Sub-Lieutenant. 9 Dara-Lefteanant or (in English) Meirgire or (in English) Ensign. Second-Lieutenant.

4.—(1) Every officer who on the date of the passing of this Act Existing Majors to be Lieutenant- 20 holds the commissioned rank of Major shall, on the said date, be Colonels and con­ and become a Lieutenant-Colonel. sequential provisions. (2) References in any Saorstat fiireann statute or any Act of the Oireachtas or in any regulations made thereunder or in any Scheme made under the Defence Forces (Pensions) Acts, 1932 and 25 1938, to the rank of Major shall, on and after the passing of this Act, be construed as references to the rank of Lieutenant-Colonel. (3) Service in the rank of Major shall, for the purposes of the Acts and any regulations made thereunder and for the purposes of any Scheme made under the Defence Forces (Pensions) Acts, 1932 30 and 1938, be regarded as service in the rank of Lieutenant-Colonel.

5.—(1) The ranks set out in the second column of the Table Non-commissioned ranks and ratings hereto shall be the grades of non-commissioned military rank in in the Defence the Defence Forces, and any grade of non-commissioned military Forces. rank set out in the said second column before any other grade of 35 non-commissioned military rank shall be senior to such other grade. (2) The rank set out in the third column of the Table hereto shall be the grade of non-commissioned naval rank in the Defence Forces, and shall be senior to any grade of non-commissioned naval rating ?et out in the fourth column of the said Table. 3 (3) The ratings set out in the fourth column of the Table hereto shall be the grades of non-commissioned naval rating in the Defence Forces, and any grade of non-commissioned naval rating set out in the said fourth column before any other grade of non-commissioned naval rating shall be senior to such other grade. 5 (4) (a) For the purposes of any enactment to which this sub­ section applies or any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 and 1938,— (i) the naval rank of Warrant Officer shall be deemed 10 to be a rank corresponding to the military rank of Sergeant-Major, and references in any such enact­ ment or scheme to the rank of Sergeant-Major shall be construed as including references to the rank of Warrant Officer; 15 (ii) every naval rating mentioned in the fourth column of the Table hereto shall be deemed to be a rank corresponding to the military rank respectively mentioned opposite thereto in the second column of the said Table, and references in any such enact­ 20 ment or scheme to a grade of non-commissioned military rank corresponding to a grade of non­ commissioned naval rating shall be construed as including references to such grade of non-com­ missioned naval rating. 25 (&) This subsection applies to any enactment, whether passed before or after this Act, including this Act, which is a Saorstat Eireann statute or an Act of the Oireachtas. (5) (a) The Minister may by regulations direct that in relation to any Corps or Service or part of a Corps or Service 30 the holder of non-commissioned military rank therein shall, in lieu of holding a rank specified in the second column of the Table hereto, hold such other equivalent rank as may be specified in such regulations, and in such case references in any enactment to which this 35 subsection applies or in any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 and 1938, to a rank specified in the said second column shall as respects such Corps or Service or part of such Corps or Service 40 be construed as references to the equivalent rank speci­ fied in such regulations. (b) This subsection applies to any enactment, whether passed before or after this Act, including this Act, which is a Saorstat Eireann statute or an Act of the Oireachtas. 45 (6) The Minister may by regulations divide any grade of naval rating mentioned in the fourth column of the Table hereto into such and so many classes as he thinks fit and may assign to each such class such distinctive description as he thinks proper.

(7) The Minister may direct that a member of the Defence Forces 50 who holds (whether by virtue of his appointment thereto or a direction given under subsection (8) of this section) the military rank of Sergeant-Major shall, in lieu of that military rank, hold the naval rank of Warrant Officer, and any such direction shall have effect according to the tenor thereof. 55 (8) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his appointment thereto or a direction given under subsection (7) of this section) the naval rank of Warrant Officer shall, in lieu of that naval rank, hold the military rank of Sergeant-Major, and any such direction shall have 60 effect according to the tenor thereof. (9) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his enlistment or appoint­ ment thereto or a direction given under subsection (10) of this 4 section) a non-commissioned military rank (other than that of Sergeant-Major) set out in the second column of the Table hereto shall, in lieu of that non-commissioned military rank, hold the grade of non-commissioned naval rating set out in the fourth 5 column of the said Table opposite the mention of such non­ commissioned military rank, and any such direction shall have , • effect according to the tenor thereof.

(10) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his enlistment or appoint- 10 ment thereto or a direction given under subsection (9) of this section) a grade of non-commissioned naval rating set out in the fourth column of the Table hereto shall, inlieu of that grade of non­ commissioned naval rating, hold the non-commissioned military rank set out in the second column of the said Table opposite the 15 mention of such non-commissioned naval rating, and any such direction shall have effect according to the tenor thereof.

TABLE OF NON-COMMISSIONED RANKS AND RATINGS.

Ref. No. Military Ranks Naval Ranks Naval Ratings (1) (2) (3) (4) 1 Maor-ShAirsint or (in Oifigeoch Bar An- English) Sergeant- tais or (in Eng­ Major. lish) Warrant Officer. 2 Ceathru-ShAirsint Cath- lain or (in English) Bat­ talion Quartermaster- Sergeant.

3 Sairsint Complachta or — Ard-Mhion-Oifigeach (in English) Company- or (in English) Chief Sergeant. Petty Officer. 4 Ceathni-ShAirsint Com- plaehta or (in English) Company Quarter­ master Sergeant. 5 SAirsint or (in English) — Mion-Oifigeaeh or (in Sergeant. English) Petty Officer.

6 Ceannaire or (in English) — MaimAalach Ceannais Corporal. or (in English) Leading Seaman.

7 Saighdiuir Singil or (in — MaimAalach or (in English) Private. English) Seaman.

6.—The expression “ non-commissioned officer ” where it occurs Definition of “ non­ in the Acts or in any enactment (including this Act) amending commissioned the Acts shall be construed as meaning a member of the Defence officer.” 20 Forces holding any grade of rank or rating set out at any reference number (other than reference number 7) in the Table to section 5 of this Act.

7.—References in the Acts to marine rating shall be construed Adaptation of as references to naval rating. references to marine rating.

25 8.—(1) For the purpose of adapting the terminology of the Acts, Adaptation of in their application to the Naval Service, to naval usage, but with­ terminology of Acts as applicable out prejudice to the status, under the Acts, of members of the Naval to the Naval Serv ice, the following provisions shall have effect:— Service. (a) in the Acts (as applicable to the Naval Service) and in 30 any orders, rules and regulations (as applicable to the Naval Service) made under the Acts— (i) references (except in section 208 of the Principal Act) to a person subject to military law as an officer shall be construed as references to a person subject 35 to naval law as an officer, 5 (ii) references (except in section 209 of the Principal Act) to a person subject to military law as a soldier shall be construed as references to,a person subject to naval law as a sailor, (iii) references (except in sections 208 and 209 of the 5 Principal Act) to a person subject to military law shall be construed as references to a person subject to naval law, ■i (iv) references (except in section 209 of the Principal Act) to a soldier shall be construed as references to 10 a sailor, (v) references to military discipline shall be construed as references to naval discipline, (vi) references to reduction to a lower grade or a lower rank, shall,— 15 (I) in the case of a warrant officer, be construed as references to reduction to a grade of naval rating, and . (II) in the case of a person holding a grade of naval rating, be construed as references to reduction 20 to a lower grade of naval rating, (vii) references to reduction to the ranks shall be con­ strued as references to reduction to the naval rating of seaman, (viii) references to army service shall be construed as 25 references to navy service, (ix) references to military service shall be construed as references to naval service, (x) references to military command shall be construed as references to naval command; 30 (b) the Government may from time to time by order make such other adaptations of the Acts (as applicable to the Naval Service) as they think fit. (2) For the purposes of the Acts and orders, rules and regula- lations made thereunder, as adapted by or under subsection (1) 35 of this section— the expression “ person subject to naval law as an officer ” means a person being— (a) an officer of the Forces holding a naval rank, or (b) an officer of the Reserve of Officers holding a naval rank, 46 when he is ordered on duty for which as such officer he is liable, or (c) an officer of the Reserve of Officers holding a naval rank, when engaged in voluntary training or when under­ going treatment in any hospital under the control of 45 the Minister or when in uniform; the expression “ person subject to naval law as a sailor ” means any person being— (a) a member of the Forces who holds the naval rank of warrant officer or is a naval rating, 50 (b) a man (in this definition referred to as a naval reservist) of the Reserve of Men who holds the naval rank of . warrant officer or is a naval rating when— (i) called for training or exercise, or (ii) called out for duty in aid of the civil power, or 55 (iii) called out on permanent service, or (iv) employed on sendee under the orders of an officer of the Forces, or 6 (c) a naval reservist when engaged in voluntary training or when undergoing treatment in any hospital under the control of the Minister or when in uniform; the expression “ person subject to naval law ” means any person 5 being— (а) a person subject to naval law as an officer (as defined in this subsection), or (б) a person subject to naval law as a sailor (as defined in this subsection) ; 10 the word “ sailor ” means a person subject to naval law as a sailor (as defined in this subsection) while he is so subject.

9.—In any Saorstat Eireann statute or Act of the Oireachtas Construction of references to military Defence Forces shall be construed as includ­ references to ing references to the Naval Service. military Defence Forces.

15 10 .—The enactments set out in the first column of the Schedule Repeals. to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

11. —(1) This Act may be cited as the Defence Forces (Tem­ Short title and porary Provisions) Act, 1947. collective citation. 20 (2) The Acts and this Act may be cited together as the Defence Forces (Temporary Provisions) Acts, 1923 to 1947.

SCHEDULE. ENACTMENTS REPEALED. Section 10.

Number and Year Short Title Extent of Repeal No. 30 of 1923 Defence Forces (Temporary In paragraph (3) of Sec­ Provisions) Act, 1923. tion 3 (as amended by section 3 of the Defence Forces (Temporary Provisions) Act, 1923, (Continuance and Amendment) Act, 1924 (No. 38 of 1924) ), the word “ military ” ; In section 4 (ns amended by section 4 of the Defence Forces (Tem- porary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924) the word ** mili­ tary.” No. 11 of 1940 Defence Forces (Temporary Sections 17 and 18. Provisions) (No. 2) Act, 1940. No. 3 of 1942 Defence Forces (Temporary Sections 3, 7, 9 and 10. Provisions) Act, 1942. Eire. Eire.

AN BILLE FORSAI COSANTA (FORALA DEFENCE FORCES (TEMPORARY PRO­ SEALADACHA), 1947. VISIONS) BILL, 1947.

BILLE BILL

da ngairmtear entitled Acht do bhuanu, do leasu agus do leathnu na An Act to continue, amend and extend the nAcht Forsal Cosanta (Forala Sealadacha), Defence Forces (Temporary Provisions) 1923 go 1946. Acts, 1923 to 1946.

Rite ag Dail Eireann, 14ti Feabhra, 1947. Passed by Dail Eireann, 14£/t February, 1947.

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C16-bhuailte ag Cahill & Co., L td. Printed by Cahill & Co., L td.

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