Defence Forces (Temporary Provisions) Act, 1942

Amendment of section 18 of the No. 2 Act of 1940.

10.Section 18 (which relates to non-commissioned ranks and ratings in the Defence Forces) of the No. 2 Act of 1940 shall be construed and have effect as if—

(a) the following sub-section were substituted for sub-section (4) thereof, that is to say:—

“(4) 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,—

(a) the marine rank of Warrant Officer shall be deemed to be a rank corresponding to the military rank of Sergeant-Major, and references in any such enactment or scheme to the rank of Sergeant-Major shall be construed as including references to the rank of Warrant Officer;

(b) every marine 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 enactment or scheme to a grade of non-commissioned military rank corresponding to a grade of non-commissioned marine rating shall be construed as including references to such grade of non-commissioned marine rating.

This sub-section applies to any enactment, whether passed before or after this Act, including this Act, which is a Saorstát Éireann statute or an Act of the Oireachtas.”;

(b) the following sub-section were substituted for sub-section (5) thereof, that is to say:—

“(5) The Minister may by order direct that in relation to any Corps or Service or part of a Corps or Service 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 order, and in such case references in any enactment to which this sub-section 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 be construed as references to the equivalent rank specified in such order.

This sub-section applies to any enactment, whether passed before or after this Act, including this Act, which is a Saorstát Éireann statute or an Act of the Oireachtas.”; and

(c) the following four sub-sections were inserted after sub-section (6), that is to say:—

“(7) The Minister may direct that a member of the Defence Forces who holds (whether by virtue of his appointment thereto or a direction given under the next following sub-section) the military rank of Sergeant-Major shall, in lieu of that military rank, hold the marine rank of Warrant Officer, and any such direction shall have effect according to the tenor thereof.

(8) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his appointment thereto or a direction given under the immediately preceding sub-section) the marine rank of Warrant Officer shall, in lieu of that marine rank, hold the military rank of Sergeant-Major, and any such direction shall have effect according to the tenor thereof.

(9) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his enlistment or appointment thereto or a direction given under the next following sub-section) a non-commissioned military rank (other than that of Sergeant-Major) set out in the second column of the Table hereto, shall, in lieu of that non-commissioned military rank, hold the grade of non-commissioned marine rating set out in the fourth column of the said Table opposite the mention of such non-commissioned military rank, and any such direction shall have effect according to the tenor thereof.

(10) The Minister may direct that any member of the Defence Forces who holds (whether by virtue of his enlistment or appointment thereto or a direction given under the immediately preceding sub-section) a grade of non-commissioned marine rating set out in the fourth column of the Table hereto shall, in lieu of that grade of non-commissioned marine rating, hold the non-commissioned military rank set out in the second column of the said Table opposite the mention of such non-commissioned marine rating, and any such direction shall have effect according to the tenor thereof.”.