7/27/2019 Emergency Powers Act

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13.(1) Where--

(a) a member of the Defence Forces has deserted or absented himself without leave on a date (in this subsection

referred to as the date of desertion) which falls on or after the 3rd day of October 1!"# and durin$ the emer$ency

%eriod and

(b) such member has not surrendered or been a%%rehended durin$ the %eriod of one hundred and ei$hty daysbe$innin$ on the date of desertion

then notwithstandin$ anythin$ contained in the &cts the followin$ %rovisions shall a%%ly--

(i) such member shall on and from the day ne't followin$ the e'%iration of such last-mentioned %eriod by virtue of

this subsection stand dismissed from the Defence Forces for desertion in time of national emer$ency and cease to bea member of the Defence Forces

(ii) the %ay and allowances of such member shall be automatically forfeited for every day durin$ such last-

mentioned %eriod.

() Where by virtue of &rticle 3 of the mer$ency *owers (+o. 3,) Order 1!"# (. . / O. +o. 1!0 of 1!"#) or

subsection (1) of this section a member of the Defence Forces has been or is dismissed from the Defence Forces for

desertion in time of national emer$ency the followin$ %rovisions shall have effect--

(a) such member shall be disualified for a %eriod of seven years from the date of such dismissal from holdin$--

(i) any office or em%loyment remunerated out of the 2entral Fund or moneys %rovided by the Oireachtas or moneys

raised by local ta'ation or

(ii) any office or em%loyment under any board or body established by or under statutory authority or

(iii) office as a %aid member of any such board or body

(b) no %ension $ratuity or allowance in res%ect of his service in the Defence Forces shall be %ayable under the

&rmy *ensions &cts 1!3 to 1!", to or in res%ect of such member

(c) no %ension or $ratuity shall be %ayable under any scheme made under the Defence Forces (*ensions) &cts 1!3

and 1!30 to or in res%ect of such member

(d) such dismissal shall not constitute a dischar$e for the %ur%oses of the 4nem%loyment 5nsurance &ct 1!"# (+o.

3 of 1!"#).

(3) & certificate under the hand of an officer of the Defence Forces authorised by the &d6utant-7eneral in that behalf

certifyin$ that a s%ecified member of the Defence Forces deserted or absented himself without leave on a s%ecified

date and that such member did not surrender and was not a%%rehended before a s%ecified date shall for the %ur%oses

of the mer$ency *owers (+o. 3,) Order 1!"# (. . / O. +o. 1!0 of 1!"#) or this section be conclusive

evidence of the facts so certified.

(") 5n this section--

the e'%ression 8the emer$ency %eriod9 means the %eriod which commenced on the 3rd day of e%tember 1!3! andwill end on the date on which the Defence Forces (:em%orary *rovisions) (+o. ) &ct 1!"; (tate of mer$ency)

Order 1!"; (. . / O. +o. 1,3 of 1!";) is revo