DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940 (1940_act_11) | IE

ISB Act 1940-06-07

Schedule 1 DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940 Open official source

FIRST SCHEDULE. Enactments Repealed.

Enactments Repealed.

No. and Year

Short Title

Extent of Repeal

No. 30 of 1923

Defence Forces (Temporary Provisions) Act, 1923.

Sections 2, 8, 9, 12, 26, 28, 35, 84, 173, 190 and 196; sub-sections (1) and (2) of section 213; sub-sections (1) and (2) of section 214.

No. 38 of 1924

Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924.

Sections 6 and 24.

No. 4 of 1925

Defence Forces (Temporary Provisions) Act, 1925.

Section 5.

No. 41 of 1937

Defence Forces Act, 1937.

Sections 3, 6 and 11.

ISB Act 1940-06-07

Schedule 2 DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940 Open official source

SECOND SCHEDULE. Form of Oath or Declaration to be Taken or Made by Officers of the Forces.

Form of Oath or Declaration to be Taken or Made by Officers of the Forces.

PART I.

Deinim-se,____________________________________, a mhionnú (nó a dhearbhú) go solamanta go mbead dílis d'Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im' oifigeach in Oglaigh na hEireann, go geóimhlíonfad na horduithe uile do bhéarfaidh m'oifigigh uachtaracha dhom do réir dlighidh agus ná ceanglód le có-ghléasadh ar bith ná ná bead im'bhall den chéanna ná ná taobhód leis tré scríbhinn gan cead cuibhe d'fháil chuige sin.

PART II.

I, __________________________________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am an officer in Oglaigh na hEireann I will obey all orders issued to me by my superior officers according to law and I will not join or be a member of or subscribe to any organisation without due permission.

ISB Act 1940-06-07

Schedule 3 DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940 Open official source

THIRD SCHEDULE. Form of Oath or Declaration to be Taken or Made by Officers of the Reserve of Officers.

Form of Oath or Declaration to be Taken or Made by Officers of the Reserve of Officers.

PART I.

Deinim-se,_____________________________________, a mhionnú (nó a dhearbhú) go solamanta go mbead dílis d'Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im' Oifigeach sa Chúltaca Oifigeach, go geóimhlíonfad na horduithe uile do bhéarfaidh m'oifigigh uachtaracha dhom do réir dlighidh agus ná ceanglód le cumann seicréideach ar bith ná ná bead im' bhall den ohéanna ná ná taobhód leis tré scríbhinn.

PART II.

I,___________________________________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am an officer in the Reserve of Officers I will obey all orders issued to me by my superior officers according to law and I will not join or be a member of or subscribe to any secret society.

ISB Act 1940-06-07

Schedule 4 DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940 Open official source

FOURTH SCHEDULE. Form of Oath or Declaration to be Taken or Made by Persons Enlisting in Forces.

Form of Oath or Declaration to be Taken or Made by Persons Enlisting in Forces.

PART I.

Deinim-se,_____________________________________, a mhionnú (nó a dhearbhú) go solamanta go mbead dílis d'Eirinn agus tairiseach don Bhunreacht agus, faid a bhead im' shaighdiúir in Oglaigh na hEireann, go geóimhlíonfad na horduithe uile do bhéarfaidh m'oifigigh uachtaracha dhom do réir dlighidh agus ná ceanglód le có-ghléasadh ar bith ná ná bead im' bhall den chéanna ná ná taobhód leis tré scríbhinn gan cead cuibhe d'fháil chuige sin.

PART II.

I,______________________________________, do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am a soldier in Oglaigh na hEireann I will obey all orders issued to mo by my superior officers according to law and I will not join or be a member of or subscribe to any organisation without due permission.

ISB Act 1940-06-07

Schedule 5 DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940 Open official source

FIFTH SCHEDULE. Form of Oath or Declaration to be Taken or Made by Persons Enlisting in the Reserve of Men.

Form of Oath or Declaration to be Taken or Made by Persons Enlisting in the Reserve of Men.

PART I.

Deinim-se,______________________________________, a mhionnú (nó a dhearbhú) go solamanta go mbead dílis d'Eirinn agus tairiseach don Bhunreacht agus, faid a bheadh im' shaighdiúir sa Chúltaca Fear, go geóimhlíonfad na horduithe uile do bhéarfaidh m'oifigigh uachtaracha dhom do réir dlighidh agus ná ceanglód le cumann seicréideach ar bith ná ná bead im' bhall den chéanna ná ná taobhód leis tré scríbhinn.

PART II.

I,______________________________________do solemnly swear (or declare) that I will be faithful to Ireland and loyal to the Constitution and that while I am a soldier of the Reserve of Men I will obey all orders issued to me by my superior officers according to law and I will not join or be a member of or subscribe to any secret society.

ISB Act 1940-06-07

Schedule 6 DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940 Open official source

SIXTH SCHEDULE. Offences Against Military Law.

Offences Against Military Law.

General Subject Matter

Ref. No.

Offence

Maximum Penalty

(1)

(2)

(3)

(4)

Offences in relation to the enemy punishable with death

1

Being employed on a State ship, the offence of treacherously or shamefully causing the capture or destruction by the enemy of such State ship.

Death.

2

Being employed on a State ship, the offence of treacherously giving on active service any false maritime signal, or altering or interfering with any maritime signal.

Death.

3

Being employed on a State ship, the offence of, when ordered by his superior officer or otherwise under orders to carry out any warlike operation at sea, treacherously or shamefully failing to use his utmost exertions to carry such orders into effect.

Death.

Offences in relation to the enemy not punishable by death.

4

Being employed on a State ship, the offence of negligently causing the capture or destruction by the enemy of such State ship.

Penal servitude.

5

Being employed on a State ship, the offence of, when ordered by his superior officer or otherwise under orders to carry out any warlike operation at sea, negligently or through other default failing to use his utmost exertions to carry such orders into effect.

Penal servitude.

Offences punishable more severely on active service than at other times.

6

Being employed on a State ship, the offence of leaving his watch or post without orders from his superior officer or without being regularly relieved.

If committed on active service—death. If committed when not on active service—penal servitude.

7

Being a soldier and employed on a State ship, the offence of, while acting as sentry, sleeping or being drunk on his watch or post or leaving his watch or post before being regularly relieved.

If committed on active service—death. If committed when not on active service—penal servitude.

8

Being employed on a State ship, the offence of without due authority altering or interfering with a maritime signal.

If committed on active service— death. If committed when not on active service —penal servitude.

Unlawfully giving or obtaining information as to defences.

9

The offence of communicating to any person, otherwise than in the course of his official duty, any plan, document or information relating to any State ship, State dock, State dockyard, fort, battery, fieldwork, fortification, or defence work, or to any factory, or any other nava l or military information.

Penal servitude.

10

The offence of unlawfully obtaining any plan, document, or information relating to any State ship, State dock, State dockyard, fort, battery or field work, or to any of the defences of the State or any other naval or military information.

Penal servitude.

Injurious disclosures.

11

The offence of, without due authority, either verbally or in writing, or by signal, or otherwise, disclosing the numbers or position of any military forces, or any magazines, or stores thereof or any State ships, or any preparations for, or orders relating to, operations or movements of any military forces or any State ships at such time and in such manner as in the opinion of the Court to have produced effects injurious to the State.

In the case of an officer, dismissal with ignominy from the Service. In the case of a soldier, imprisonment.

In the case of an officer, dismissal with ignominy from the Service.

In the case of a soldier, imprisonment.

Breaking quarters.

12

Being a soldier, and employed on a State ship, the offence of improperly leaving such ship or his place of duty

Detention.

Neglecting to obey orders.

13

Being employed on a State ship, the offence of neglecting to obey any orders in relation to the command and administration of such ship.

In the case of an officer, dismissal with ignominy from the Service. In the case of a soldier imprisonment.

Desertion

14

Being employed on a State ship, the offence of deserting or attempting to desert such ship.

If committed on active service, death. If committed when not on active service, penal servitude.

15

The offence of in any way assisting any person subject to military law who is employed on a State ship to desert such ship.

If committed on active service, death. If committed when not on active service, penal servitude.

Absence without leave.

16

Being employed on a State ship, the offence of absenting himself without leave from such ship or the place thereon where his duty requires him to be.

In the case of an officer, dismissal from the Service. In the case of a soldier, imprisonment.

Damage to ships, etc.

17

Being employed on a State ship, the offence of wilfully or by neglect, damaging, destroying, losing, stranding, hazarding or suffering to be lost, stranded or hazarded such ship.

Penal servitude.

18

Being employed on a State ship, the offence of being guilty of any neglect likely to cause damage to, or the destruction, loss, or stranding of, such ship.

Penal servitude.

19

Being employed on a State ship, the offence of, without lawful authority, disposing of such ship or any maritime material.

Penal servitude.

20

Being employed on a State ship, the offence of, wilfully or by wilful neglect, causing any danger, in navigating such ship, to the life of any person subject to military law.

Penal servitude.

21

Being employed on a State ship, the offence of, during war, wilfully and without proper occasion or negligently causing the sequestration by or under the authority of a neutral State or the destination in a neutral State of such ship.

Penal servitude.

Offences in relation to neutrality.

22

Being employed on a State ship the offence of, during a time of war in which the State is neutral, doing, without lawful authority, any act calculated to imperil the neutral status of the State.

Penal servitude.

DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940

Table of Provisions (6)

Statutory Text (6 Articles)

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