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Temporary Provisions) Bill, 1947

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Temporary Provisions) Bill, 1947 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 SCHEDULE Enactments Repealed.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.
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