S.I. No. 61/1936 - Referee (Military Service Pensions) (Amendment) Rules, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 61.

REFEREE (MILITARY SERVICE PENSIONS) (AMENDMENT) RULES, 1936.

WHEREAS it is enacted by sub-section (5) of Section 5 of the Military Service Pensions Act, 1934 (No. 43 of 1934), that the Minister for Defence may make rules regulating the procedure of the Referee:

NOW, THEREFORE, the Minister for Defence in exercise of the powers conferred on him by sub-section (5) of Section 5 of the Military Service Pensions Act, 1934 (No. 43 of 1934), and of every and any other power him in this behalf enabling, hereby makes the following rules:—

1. These Rules may be cited as the Referee (Military Service Pensions) (Amendment) Rules, 1936.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The Referee (Military Service Pensions) Rules, 1934 (Statutory Rules and Orders, No. 354 of 1934), are hereby amended by the insertion therein after paragraph 5 thereof of the following new paragraph, that is to say:—

"6. Where an application for a service certificate is referred to the Referee and the Referee has investigated such application, the following provisions shall have effect, that is to say:—

(1) before making his report to the Minister on such application the Referee shall cause to be served by post on the applicant (by sending it by post in a prepaid letter addressed to the applicant at his address as stated in the application) a notice stating—

(a) in case the Referee finds that the applicant is not a person to whom the Act applies, such finding, and

(b) in case the Referee finds that the applicant is a person to whom the Act applies, the findings of the Referee in respect of the matters mentioned in clauses (i) and (ii) of paragraph (b) of sub-section (2) of Section 8 of the Act, and

(c) that the applicant may, within a specified number of days (which shall be such number (not less than twenty) as the Referee may fix) after the date of the service of such notice, furnish in writing to the Referee any additional evidence or representations which he may wish to submit, and

(d) that, if any such additional evidence or representations is or are furnished within the said specified number of days, the Referee will consider the same and after such consideration make his report forthwith to the Minister, and

(e) that, if no such additional evidence or representations is or are furnished within the said specified number of days, the Referee will upon the expiration of the said specified number of days make his report to the Minister, and

(f) that the report of the Referee when made, will, subject as mentioned in Section 9 of the Act, become final and conclusive and binding on all persons and tribunals whatsoever;

(2) the Referee shall not complete and make his report to the Minister before the expiration of the said specified number of days or, if any such additional evidence or representations is or are made before the expiration of the said specified number of days, before he has considered the same."

Given under the Official Seal of the Minister for Defence this 21st day of February, 1936.

PEADAR MAC MATHGHAMHNA,

Secretary,

Department of Defence.