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The Defence Act.Pdf DEFENCE THE DEFENCE ACT REGULATIONS (under section 1 6) (Made by the Governor-General on the 14th doy of August, 1 962) L N 246162 Amd 1. These Regulations may be cited as the Defence (Officers) Regulations, citation 1962. 2.41) No person shall be granted a commission, other than an honorary Eligibility Of ofice0 commission, in the Jamaica Defence Force unless he is a citizen of a Common- wealth country. (2) Subject to the provisions of paragraphs (3) and (4), no officer shall be appointed to the regular Force unless he is a citizen of Jamaica. (3) An officer who has held a commission in the West India Regiment may, notwithstanding that he is not a citizen of Jamaica, be appointed to the regular Force. (4) Where the'Defence Board considers it to be necessary, a citizen of a Commonwealth country may, notwithstanding that he is not a citizen of Jamaica, be appointed to the regular Force for a specified period and may be granted a commission. 3.41) An officer of the regular Force, other than a quartermaster oEcer, !r;o: shall not, unless exempted by the Defence Board, be promoted to a substantive ofrcllulu Fom. rank below that of lieutenant-colonel unless he has previously qualified for such promotion at such professional examinations or tests for that rank as may be fixed by the Defence Board from time to time. (2) An officer of the regular Force, other than a quartermaster officer, shall, subject to paragraph (I), be eligible for promotion to higher substantive rank on completion of the following periods of commissioned sewice-- to lieutenant, after 2 years as a second lieutenant; [The inclusion of this page is authorized by L.N. 7&2002l THE DEFENCE (OFFICERS) REGULATIONS, 1962 to captain, after 4 years as a substantive lieutenant; to major, after 7 years as a substantive captain. (3) A quartermaster officer of the regular Force shall be eligible for promotion to higher substantive rank on completion of the following periods of commissioned service- to captain, after 6 years as a substantive lieutenant; to major, after 6 years as a substantive captain. (4) For the purposes of paragraph (2) in the case of an officer appointed to the regular force as a second lieutenant, the period of 2 years specified in paragraph (2) shall include any period of training as an officer cadet immediately prior to the grant of his commission in the Jamaica Defence Force at any training establishment approved by the Defence Board for the purposes of this paragraph: Provided that any period that is added to the standard period of training as an officer cadet by virtue of a relegation shall be deducted from the total period of training for the purposes of promotion. (5) For the purposes of paragraph (3), in the case of a quarter-master officer who immediately before the grant of his commission in the Jamaica Defence Force was in full-time service in Her Majesty's military forces as a warrant officer, non-commissioned officer or soldier, account shall be taken, in such manner as the Defence Board shall direct, of one-half of any such service as a warrant officer and of one- third of any such service as a non-commissioned officer or soldier, so, however, that neither the first 12 years of man service nor any service under the age of 17%years or as an apprentice shall be counted. (6) For the purposes of paragraphs (2) and (3)- (a) in the case of any officer of the regular Force who, immediately before the grant of his commission in the Jamaica Defence Force, was in full- time commissioned service in Her Majesty's military forces, any period of commissioned service in any rank shall include any period of full- time commissioned service in a corresponding rank in those forces; and (b) in the case of any officer of the regular Force, a period of commissioned service in any rank shall include any period of ante-date granted by the Defence Board in respect of that rank. (7) Promotion to the substantive ranks of lieutenant-colonel and above shall be by selection by the Defence Board. [The inclusion of this page is authorized by L.N. 78RWZ] THE DEFENCE (OFFICERS) REGULATIONS, 1962 (8) Officers of the regular Force who, immediately before the 13th day of September, 1967, were holding seniority in any rank, in accordance with the provisions of these Regulations prior to the abovementioned date, shall, with effect from that date, be deemed to have acquired such seniority in such rank in accordance with the provisions of these Regulations. 4. The substantive promotion of officers of the Reserve shall be by selection Pmmotion of 0ffi~of the by the Defence Board. R~C. 5.-+1) An officer may be promoted to temporary rank to fill a vacancy in T~,, and Id the establishment of a unit. nnk. (2) Local rank may, for the convenience of the service, be conferred on an officer for such period as may be necessary. Local rank shall not cany any pecuniary benefits. 6.41) Subject to the provisions of this regulation, an officer of the regular Rairanmt Force shall retire on attaining the age limit appropriate to his rank that is to E:zp say- Major-General at the age of 56 Brigadier or Colonel at the age of 54 Lieutenant-Colonel at the age of 50 Major and below at the age of 47. (2) Subject to the provisions of this regulation, an officer of the first class of the Reserve shall retire on attaining the age limit appropriate to his rank, that is to say- Lieutenant-Colonel at the age of 50 Major at the age of 48 Captain and below at the age of 45. (3) An officer who has attained the age limit appropriate to his rank may on the recommendation of the Defence Board be permitted to continue in the service. (4) The provisions of this regulation shall not apply to officers serving on the permanent staff of the Jamaica National Reserve. (5) Nothing in this regulation shall be taken to prevent the appointment to any rank specified or referred to in this regulation, for such period as may be specified in the instrument of appointment (and if the Defence Board so recommends), of any person who has already attained the age limit appropriate to that rank. 7. An officer may, at the discretion of the Defence Board, be permitted to volunury raimnmt or retire or resign his commission at his own request. migmtion. [The inclusion of this page is authorized by L.N.78/2002] THE DEFENCE (OFFICERS) REGULATIONS, I962 Med~cal unfitness 8. An officer who, on account of ill health, is reported by the approved medical authority as being unfit for military service under current standards laid down by the Defence Board shall be retired. Removal 9. The Governor-General may at any time remove an officer from the Jamaica from alficc for mis- Defence Force for misconduct. conduct Compulsory 10.-41) An officer shall not be called upon to retire or resign his commission relwement or resiyna- except by the Defence Board. tlon (2) An officer may at any time be called upon by the Defence Board to retire or resign his commission for misconduct or for reasons other than misconduct. (3) In the event of an officer failing to retire or resign when called upon to do so under this regulation, his commission shall be terminated. Compulsory 11. At the discretion of the Defence Board, an officer who, under the transfer to the smnd provisions of these Regulations, falls due or applies to retire or resign his class of the Reserve. commission may instead be required to transfer to the second class of the Reserve. Honorary 12.--( 1) A person may be granted an honorary commission in such rank and commiss~on. under such conditions as may be specified by the Governor-General. (2) A person granted an honorary rank shall not, by virtue of such commission, be entitled to any pay, allowance, retired pay, pension, gratuity or other emolument. [The inclusion of this page is authorized by L.N.78RM)ZJ DEFENCE m DEFENCE Am Tm! DEFENCERULBS OF PR- 1%2 ARRANGEMENT OF RULES Rule 1. Citation. 2 Definitiom. Arrest and avoidance of delay 3. Avoidance of delay by commanding officua in investigating charges. 4. Eight day delay reports. 5. Arrest not to exceed 72 days without permission from higher authority. Investigation of charges by commanding ofiw 6, Methods of investigating chargee. 7. Hearing of evidence by commcmdhg officer. 8. Summary of evidence. 9. Abstract of evidence. 10. Investigation before summary dealing by commanding o88ccr. 11. Dismissal of charge by commanding officer. 12 Reference of charges to higher authority. Prepatation of chmgeuheets and framing of chargw 13. Chgeshects. 14. Charges. 15. Joint charges. 16. Construction of chargasheeta and charges. Action by higher authority on reaipt of a charge 17. Action by hi&r authority on raceipt of a charge. Investigation of, and svmmary dealing with, charges by an appropp~~atesuperior authority 18. Documents to be given to 05cua. warrant officers and civilians dealt with IY. 19. Inwtigation of and summary de&g with charges against ofken, wanant otlicen and civilhm. 20. Altanrtive comopm to an appropriate superior authority. THE DEFENCE RULES OF PROCEDURE, 1962 Convening of courts-martial Rule 21. Duties of convening officer when convening a court-martial. 22. Appointment of president and members. 23. Officers under instruction. 24. Preparation of defence. Assembly and swearing of court 25. Preliminary matters to be considered by wurt and beginning of trial.
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