PART XI.

Amendment and Adaptation of certain enactments.

302. —The reference in subsection (6) of section 1 and subsection (1) of section 21 of the Electoral Act, 1923 (No. 12 of 1923), to a member of the defence force of Saorstát Éireann on full pay and the reference in subsection (7) of the said section 1 to a member of the defence forces of Saorstát Éireann shall be construed as references to a person who is—

(a) a member of the Permanent Defence Force, or

(b) an officer of the Reserve Defence Force employed continuously on military service or duty during a period during which a proclamation authorising the calling out of reservists on permanent service is in force, or during a period during which reservists are called out on permanent service under section 88, or

(c) a reservist called out on permanent service.

303. —(1) In this section, the expression “the Acts” means the Army Pensions Acts, 1923 to 1949.

(2) Save as provided by subsection (3) of this section, the expression “the forces” where it occurs in the Acts shall be construed as excluding the Reserve Defence Force.

(3) In the Acts (except sections 10 and 14 of the Army Pensions Act, 1927 (No. 12 of 1927))—

(a) the expression “the forces” shall be construed as including the Reserve of Officers (First Line), and the Reserve of Men (First Line),

(b) the word “soldier” shall be construed as including a man of the Reserve of Men (First Line).

304. —(1) For the purposes of subsection (4) of section 15 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), as amended by subsection (2) of section 7 of the Documentary Evidence Act, 1925 (No. 24 of 1925), an officer, serving in any of the principal military branches of the Department of Defence, shall, in respect of any order or other instrument made by the Minister under or by virtue of this Act, be deemed to be an officer of the Department of Defence.

(2) For the purposes of paragraph (c) of section 17 of the Ministers and Secretaries Act, 1924 , an officer serving in any of the principal military branches of the Department of Defence shall be deemed to be an officer within the meaning of the said paragraph (c).

305. —In subsections (1) and (3) of section 4 of, and in the Second Schedule to the Military Service Pensions Act, 1924 (No. 48 of 1924), and in section 16 of the Military Service Pensions Act, 1934 (No. 43 of 1934)—

(a) the references to the Defence Forces of Saorstát Éireann shall be construed as including references to the Permanent Defence Force,

(b) the word “discharge” shall—

(i) in relation to an officer of the Permanent Defence Force, mean retirement or resignation, and

(ii) in relation to a man of the Permanent Defence Force who is transferred to the Reserve Defence Force, mean transfer to the Reserve Defence Force.

306. —(1) The expression “the Forces” where it occurs in the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), shall, in addition to the meaning assigned to it by section 1 of the said Act, include the Permanent Defence Force, and the said Act and any scheme made under the said Act which is in force immediately before the operative date shall be construed and have effect accordingly.

(2) The expression “the Army Nursing Service” where it occurs in the Defence Forces (Pensions) Act, 1932 , or in any scheme made thereunder, shall, in addition to meaning the nursing service established under the Act of 1923, mean the Army Nursing Service established by this Act.

307. —Paragraph (d) of subsection (2) of section 5 of the Workmen's Compensation Act, 1934 (No. 9 of 1934), is hereby amended by the substitution of the words “Permanent Defence Force, or Reserve Defence Force as defined by the Defence Act, 1954” for the words “Defence Forces of Saorstát Éireann, including a member of the Reserve Force established under Part III of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923),” and the said section shall be construed and have effect accordingly.

308. —In section 11 of the Army Pensions Act, 1949 (No. 19 of 1949), and in any scheme made thereunder, the reference to the Reserve—Second Line shall be construed as a reference to the Reserve of Officers (An Fórsa Cosanta Aitiúil), the Reserve of Men (An Fórsa Cosanta Aitiúil), the Reserve of Officers (An Slua Muirí) and the Reserve of Men (An Slua Muirí).

309. —(1) In this section—

the expression “the Act of 1947” means the Defence Forces (Temporary Provisions) Act, 1947 (No. 4 of 1947);

the expression “enactment to which this section applies” means any enactment being—

(a) any Saorstát Éireann statute or any instrument made thereunder, or

(b) any Act of the Oireachtas passed before the operative date or any instrument made thereunder, or

(c) any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932).

(2) In any enactment to which this section applies—

(a) references to the Defence Forces shall be construed as references to the Defence Forces to be raised and maintained under this Act,

(b) references to the forces established under Part I of the Act of 1923 shall be construed as references to the Permanent Defence Force,

(c) references to the reserve force established under Part III of the Act of 1923 shall be construed as references to the Reserve Defence Force,

(d) references to a commissioned military rank set out in the Table to section 3 of the Act of 1947 shall be construed as references to the similar commissioned army rank set out in column (2) of the Second Schedule to this Act or to the commissioned naval rank set out in column (3) of the said Second Schedule which corresponds to such commissioned army rank,

(e) references to a non-commissioned military rank set out in the Table to section 5 of the Act of 1947 at any reference number shall be construed as references to the similar non-commissioned army rank set out in column (2) of the Third Schedule to this Act or to the non-commissioned naval rank set out in column (3) of the said Third Schedule which corresponds to such non-commissioned army rank,

(f) references to the former commissioned rank of major shall be construed as references to the commissioned rank of lieutenant-colonel.

(3) The general adaptations made by this section shall be without prejudice to all specific adaptations made by any other section of this Act, and in the event of any inconsistency between such general adaptations and any such specific adaptation such specific adaptation shall prevail.

310. —Service in the former commissioned rank of major shall for the purposes of this Act and any regulations made thereunder and for the purposes of any scheme made under the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), be regarded as service as a lieutenant-colonel.