No. 1/1949:

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1949

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citation.

2 Definitions and construction.

3 Continuance of the Acts.

4 Repeals.

PART II MISCELLANEOUS AMENDMENTS OF THE ACTS

5 Re-enactment with modifications of section 153 of the Principal Act and consequential amendment of section 157 of the Principal Act.

6 Amendment of section 220 of the Principal Act.

7 Assignment of officer of the Reserve to particular class of the Reserve of Officers.

8 Amendment of section 13 of the Defence Forces (Temporary Provisions) Act, 1946.

9 Amendment of section 3 of the Defence Forces (Temporary Provisions) Act, 1947.

PART III BYE-LAWS AS TO ROADS CROSSING OR NEAR LAND USED FOR MILITARY PURPOSES

10 Definitions for purposes of Part III.

11 Bye-laws as to roads crossing or near land used for military purposes.

12 Publication of bye-laws.

13 Penalties for breach of bye-laws.

14 Removal and arrest of offenders.

15 Removal of vehicles, animals, etc.

16 Penalties for obstruction of and assaults on authorised officers.

SCHEDULE

AN ACT TO CONTINUE, AMEND AND EXTEND THE DEFENCE FORCES (TEMPORARY PROVISIONS) ACTS, 1923 TO 1948.

[22nd February, 1949.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Defence Forces (Temporary Provisions) Act, 1949 .

(2) The Defence Forces (Temporary Provisions) Acts, 1923 to 1948, and this Act may be cited together as the Defence Forces (Temporary Provisions) Acts, 1923 to 1949.

2.—(1) In this Act—

the expression "the Acts" means the Defence Forces (Temporary Provisions) Acts, 1923 to 1948;

the expression "the Principal Act" means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment.

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

3.—The Acts, as amended and extended by this Act, shall continue in force until midnight on the 31st day of March, 1950, and shall then expire.

4.—The enactment mentioned in the second column of the Schedule to this Act is hereby repealed to the extent specified in the third column of the said Schedule.

PART II MISCELLANEOUS AMENDMENTS OF THE ACTS

5.—(1) The following section shall be substituted for section 153 of the Principal Act—

"153. (1) Where a soldier of the Forces who, under section 152 of this Act, has completed or will within one year complete a total continuous period of twenty-one years' Army service, gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the first period) of two years, the following provisions shall have effect—

( a ) he may, with the approval of the prescribed military authority, be continued in service for the first period,

( b ) if—

(i) he is continued in service for the first period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the second period) of two years,

he may, with the approval of the prescribed military authority, be continued in service for the second period,

( c ) if—

(i) he is continued in service for the second period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the third period) of two years,

he may, with the approval of the prescribed military authority, be continued in service for the third period,

( d ) if—

(i) he is continued in service for the third period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the fourth period) of two years,

he may, with the approval of the prescribed military authority, be continued in service for the fourth period,

( e ) if—

(i) he is continued in service for the fourth period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period of two years,

he may be continued in service for that further period.

(2) Where a soldier of the Forces is continued in service for a particular period of two years under subsection (1) of this section, he may be continued as a soldier of the Forces for that period in all respects as if his term of service were still unexpired."

(2) section 157 of the Principal Act is hereby amended as follows:—

( a ) in subsection (1), the words "or of the period of his continuance in service" shall be inserted after the word "re-engagement";

( b ) in subsection (3), the words "or his continuance in service" shall be inserted after the word "re-engagement".

6.—In section 220 of the Principal Act the following subsection shall be substituted for subsection (1), that is to say—

"(1) All or any of the men belonging to the Reserve shall be liable to undergo training within the State at such times and for such periods (not exceeding in any one year thirty days) as may be prescribed, and for that purpose may be called out from time to time as often as may be necessary and may be required to attend at such places as the Minister may direct."

7.—(1) An officer of the Reserve of Officers, appointed thereto before the passing of this Act, who does not belong to any particular class of the Reserve of Officers may be assigned by the Minister to any particular class of the Reserve of Officers.

(2) An officer of the Reserve of Officers, appointed thereto after the passing of this Act, may be assigned by the Minister to any particular class of the Reserve of Officers.

(3) An officer of the Reserve of Officers, whether appointed thereto before or after the passing of this Act, who for the time being belongs to a particular class of the Reserve of Officers may, with his own consent, be transferred by the Minister to another class of the Reserve of Officers.

8.—(1) In paragraph (a) of subsection (2) of section 13 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), the reference to a period of seven years from the date of dismissal shall be construed as a reference to the period ending on the date of the passing of this Act.

(2) Where a person holds, at the date of the passing of this Act, an office or employment mentioned in paragraph (a) of subsection (2) of section 13 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), the said paragraph (a) shall not be construed as rendering or as ever having had rendered the appointment of that person to that office or employment unlawful.

9.—(1) In subsection (4) of section 3 of the Defence Forces (Temporary Provisions) Act, 1947 (No. 4 of 1947), the words "or either of the commissioned naval ranks" shall be inserted after the words "naval rank".

(2) In the Table to section 3 of the Defence Forces (Temporary Provisions) Act, 1947 , there shall be inserted, in the third column at reference number 9, after the words "Meirgire or (in English) Ensign," the words "Meánloingseach or (in English) Midshipman."

PART III BYE-LAWS AS TO ROADS CROSSING OR NEAR LAND USED FOR MILITARY PURPOSES

10.—In this Part—

the expression "authorised officer" means any person being—

( a ) a member of the Garda Síochána, or

( b ) a member of the Defence Forces authorised in that behalf by bye-laws;

the word "bye-laws" means bye-laws made under this Part.

11.—(1) The Minister may, in respect of any particular portion of a road which crosses or runs near to any land (other than the Curragh of Kildare) used for the purposes of the Defence Forces, make, with the consent of the road authority charged with the maintenance of that portion, bye-laws providing for the restriction, by such means as the Minister thinks proper and specifies in the bye-laws, of the use thereof.

(2) The consent of a road authority under this section shall—

( a ) in case the road authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation,

( b ) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942.

(3) In this section, the expression "road authority" has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946).

12.—Where the Minister makes any bye-laws he shall cause the bye-laws to be published in such manner as he deems necessary to make them known to all persons in the locality to which they relate and shall arrange for copies of such bye-laws being made available for purchase at such price (not exceeding one shilling for each copy) as he may fix.

13.—If any person contravenes any bye-law, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

14.—(1) If a person is on any particular portion of a road to which a bye-law relates in contravention of the bye-law—

( a ) an authorised officer may order that person to leave that portion,

( b ) if that person, on being so ordered, refuses or fails to leave that portion—

(i) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, and

(ii) the authorised officer may either remove him from that portion by force or without warrant arrest him.

(2) Where an authorised officer (not being a member of the Garda Síochána) arrests a person under this section, he shall, as soon as may be, bring and deliver such person into the custody of a member of the Garda Síochána to be dealt with according to law.

15.—An authorised officer may remove or cause to be removed any vehicle, animal or other thing which is on any road to which a bye-law relates in contravention of the bye-law.

16.—If any person—

( a ) obstructs or impedes an authorised officer in the lawful execution of his powers and duties as an authorise officer, whether under this Part or any bye-law, or

( b ) assaults an authorised officer in the lawful execution of such powers and duties,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

Section 4.

SCHEDULE

ENACTMENTS REPEALED