S.I. No. 58/1938 - Referee (Military Service Pensions) (Amendment) Rules, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 58.

REFEREE (MILITARY SERVICE PENSIONS) (AMENDMENT) RULES, 1938.

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. (1) These Rules may be cited as the Referee (Military Service Pensions) (Amendment) Rules, 1938.

(2) The Referee (Military Service Pensions) Rules, 1934 (Statutory Rules and Orders No. 354 of 1934), the Referee (Military Service Pensions) (No. 2) Rules, 1935 (Statutory Rules and Orders No. 71 of 1935), the Referee (Military Service Pensions) (Amendment) Rules, 1936 (Statutory Rules and Orders No. 61 of 1936), and these Rules may be cited together as the Referee (Military Service Pensions) Rules, 1934 to 1938.

2. The Referee (Military Service Pensions) Rules, 1934 (Statutory Rules and Orders No. 354 of 1934), are hereby amended by the insertion therein after paragraph 6 (being the paragraph inserted by the Referee (Military Service Pensions) (Amendment) Rules, 1936 (Statutory Rules and Orders No. 61 of 1936)) thereof of the following two new paragraphs, that is to say:—

"6A. Where—

(a) the Referee after investigation of an application for a service certificate has found that the applicant is a person to whom the Act applies, and

(b) the Referee has caused a notice (in this paragraph referred to as the original notice) to be served on the applicant under paragraph 6 of these Rules, and

(c) after service of the original notice but before making his report to the Minister new evidence has been received by the Referee tending to show either—

(i) that the applicant is not a person to whom the Act applies or

(ii) that, though the applicant is a person to whom the Act applies, his grade of rank is lower than that set out in the original notice or his total number of years' service is less than that specified in the original notice or both such things, and

(d) the Referee, upon consideration of such new evidence proposes to vary his findings as set out in the original notice,

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 (in this paragraph referred to as the supplemental notice) stating—

(i) that the Referee proposes to vary his findings as set out in the original notice, and

(ii) the variations which the Referee proposes to make in his said findings, and

(iii) 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 the supplemental notice, do either of the following things, that is to say:—

(I) apply to the Referee for leave to attend before the Referee to give oral evidence in relation to the proposed variations of the said findings,

(II) submit in writing additional evidence or representations in relation to such proposed variations, and

(iv) that, if such application is made within the said specified number of days, the Referee will fix a time and place for the hearing of such oral evidence, and will, before making his report to the Minister, consider any oral evidence given at the said time and place,

(v) that if any additional evidence or representations is or are submitted in writing within the said specified number of days, the Referee will before making his report to the Minister consider such additional evidence or representations;

(2) the Referee shall not in any case complete and make his report to the Minister until the expiration of the said specified number of days;

(3) where an application is made within the said specified number of days for leave to attend before the Referee to give oral evidence—

(i) the Referee shall fix a time and place for the hearing of such oral evidence, and shall cause such previous notice as he thinks proper to be given to the applicant of the time and place so fixed,

(ii) the Referee shall not in any case complete and make his report to the Minister before the time so fixed,

(iii) where any such oral evidence is given, the Referee shall, before completing and making his report to the Minister, consider such evidence;

(4) where additional evidence or representations in writing are submitted to the Referee within the said specified number of days, the Referee shall, before completing and making his report to the Minister, consider such evidence or representations.

6B. The Referee may, if he thinks fit, require an applicant to embody in a statutory declaration all or any of the additional evidence in writing which an applicant may submit under paragraph 6 or paragraph 6A of these Rules, and in default of compliance with such requirement the Referee may, if he thinks fit, refuse to consider such additional evidence."

(Signed) PEADAR MACMATHGHAMHNA.

GIVEN under the Official Seal of the Minister for Defence this 8th day of February, 1938.