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18 1954

DEFENCE ACT, 1954

PART XII.

Miscellaneous Provisions.

Recovery of moneys due or payable to the Minister.

311. —Moneys due and payable to the Minister shall have the like rights, privileges and priorities as are conferred by subsection (2) of section 38 of the Finance Act, 1924 (No. 27 of 1924), on the moneys to which that subsection applies.

Restrictions on recruiting for other States.

312. —(1) It shall not be lawful for any person—

(a) to induce, procure or persuade any person in the State to accept or agree to accept any commission or engagement in any military, naval or air force maintained by the Government of any other State, or

(b) to print within the State or cause or procure to be printed within the State any notice or advertisement in relation to the procurement of personnel for any military, naval or air force maintained by the Government of any other State, or

(c) to publish or cause or procure to be published within the State any such notice or advertisement as is mentioned in paragraph (b) of this subsection which is printed within the State.

(2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(3) In this section—

the expression “the Government” in relation to any other State includes any person exercising or assuming to exercise powers of Government in or over such State or any part thereof;

the expression “military, naval or air force” does not include a voluntary aid society duly recognised and authorised for the purposes of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field signed at Geneva on the 12th day of August, 1949.

Entertainments under service direction.

313. —(1) So much of any Act as operates to prohibit as respects particular days, or otherwise to restrict or regulate, the keeping, opening or using of premises for purposes of public entertainment or amusement shall not apply to the use, by authority of the Minister, of any building at a camp or station or of any ship for entertainments or amusements under the direction and control of an officer or committee having official responsibility for such matters.

(2) For the purposes of this section—

(a) the expression “public entertainment or amusement” includes public dancing, singing or music, the public performance of stage plays and the giving of cinematograph exhibitions;

(b) where a building or ship is used for the giving of cinematograph exhibitions, the keeping or storing of films shall be deemed to be part of the use thereof for the giving of the exhibitions.

Grant of excise licence for military canteens.

314. —Notwithstanding anything contained in the Licensing Acts, 1833 to 1946, or any other enactment, it shall not be necessary for a person holding a canteen under the authority of the Minister to obtain a certificate from a Justice of the District Court to enable him to obtain or hold any excise licence under the said Acts for the sale of intoxicating liquors, and such excise licence may be granted to him accordingly.

Right of Minister to claim salvage in respect of services of State ships.

315. —Where salvage services are rendered by any State ship, the Minister shall be entitled to claim salvage on behalf of the State for such services, and shall have the same rights and remedies as if the ship rendering such services were not a State ship.

Salvage claims by commanders and crews of State ships.

316. —(1) Where—

(a) salvage services are rendered by the commander or crew of a State ship, and

(b) proceedings are instituted by the commander or crew or part of the crew of such State ship for the enforcement of a claim in respect of such salvage services,

the following provisions shall have effect, that is to say:—

(i) the said claim shall not be finally adjudicated upon unless the consent of the Minister (which may be given before or after the institution of the said proceedings) to the prosecution thereof is proved;

(ii) if the said consent is not proved, the said claim shall stand dismissed with costs.

(2) In this section the word “crew” includes officers.

Foreign uniforms.

317. —(1) No person shall, save with the consent in writing of a Minister of State, enter or land in the State while wearing any foreign uniform.

(2) No person shall, save with the consent in writing of a Minister of State, go into any public place in the State while wearing any foreign uniform.

(3) A Minister of State may from time to time direct that subsections (1) and (2) of this section shall not during a specified period apply in respect of any particular class (defined in such manner as he thinks fit) of persons, and in that case the said subsections shall not apply during that period in respect of that class of persons.

(4) Every person who contravenes (by act or omission) any provision in subsections (1) or (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for a term not exceeding six months.

(5) Nothing in this section shall restrict, or apply in respect of, the wearing of any uniform by the head of any diplomatic mission duly accredited to the State or by any member of the diplomatic staff of such mission whose appointment as such has been officially notified to the Minister for External Affairs or who is otherwise entitled to diplomatic immunities.

(6) Nothing in this section shall restrict, or apply in respect of, the wearing of any foreign uniform in the course of a stage play or other dramatic representation or performance.

(7) In this section—

the expression “foreign uniform” means the uniform of any armed force of any other State whether operating by land, sea or air, and includes any distinctive part of any such uniform;

the expression “public place” includes any street, road, park or other similar place, and also any place or building to which the public have access on payment of a charge for admission.

Service of solicitors' apprentices in the existing Defence Forces.

318. —(1) In this section—

the expression “the Defence Forces” means—

(a) the force established under Part I of the Act of 1923; and

(b) the reserve force established under Part III of the Act of 1923;

the expression “the Act of 1898” means the Solicitors (Ireland) Act, 1898;

the expression “the emergency period” means the period which commenced on the 3rd day of September, 1939, and ended on the 1st day of September, 1946.

(2) Where any person, who was during the emergency period engaged in service in the Defence Forces, has entered or shall enter into indentures of apprenticeship with a practising solicitor, the Council of the Incorporated Law Society may, in their absolute discretion, by order declare that, subject to the fulfilment by that person of such conditions (if any) as the said Council think fit and specify in the order, such period (not exceeding the period of that person's service in the Defence Forces during the emergency period) as the said Council think fit and specify in the order shall, for the purposes of the Act of 1898, be reckonable as actual service under the said indentures of apprenticeship.

(3) Where the Council of the Incorporated Law Society make an order under subsection (2) of this section in relation to any person, the following provisions shall, subject to the fulfilment by that person of the conditions (if any) specified in the order, apply, that is to say:—

(a) the period specified in the order shall, for the purposes of the Act of 1898, be reckonable as actual service under his indentures of apprenticeship;

(b) subsection (1) of section 25 of the Act of 1898 shall, in its application to such person, be construed as if there were inserted—

(i) after the words “such practising solicitor”, the words “except during a period declared, by an order made in respect of him by the Council of the Incorporated Law Society under Article 3 of the Emergency Powers (No. 285) Order, 1943 (S. R. & O., No. 268 of 1943), or under section 14 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), or section 318 of the Defence Act, 1954, to be reckonable, for the purposes of this Act, as actual service under his indentures of apprenticeship”, and

(ii) after the words “employment of a solicitor”, the words “or service in the Defence Forces”;

(c) the forms of affidavit, for the purposes of the said section 25, prescribed by rules made under section 57 of the Act of 1898, may, in relation to that person, be modified in conformity with the amendments effected by paragraph (b) of this subsection.

(4) An order made under Article 3 of the Emergency Powers (No. 285) Order, 1943 (S. R. & O., No. 268 of 1943), or under subsection (1) of section 14 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), shall be deemed to have been made under this section.

(5) This section shall be construed as one with the Act of 1898.