S.I. No. 345/2012 - Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th September, 2012.

I, ALAN SHATTER, Minister for Defence, in exercise of the powers conferred on me by sections 184L(7) and 240 of the Defence Act 1954 (No. 18 of 1954), herby make the following rules:

1. These rules may be cited as the Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012.

2. The form of the oath to be sworn, or the solemn declaration to be made, by an officer appointed as a military judge is, in the Irish language, set out in Part 1 of the Schedule and, in the English language, set out in Part 2 of the Schedule.

SCHEDULE

Part 1

“Mionnaímse, , i láthair Dia na nUilechumhacht go gcomhlíonfaidh mé go cuí agus go dílis, chomh maith agus is eol agus is cumas dom, oifig an Bhreithimh Mhíleata de réir an Achta Cosanta 1954, Rialacha na hArm-Chúirte agus na Rialacha Nós Imeachta déanta dá réir, gan claonadh, gan eagla gan fabhar, gan bá gan drochaigne chun duine ar bith, agus go gcumhdóidh mé Bunreacht na hÉireann agus na dlíthe.”

Part 2

“I, , swear by Almighty God (or — do solemnly and sincerely promise and declare — as the case may be) that I will duly and faithfully and to the best of my knowledge and power execute the office of military judge in accordance with the Defence Act 1954 , the Court-Martial Rules and the Rules of Procedure made thereunder without partiality, fear or favour, affection or ill-will towards any person, and that I will uphold the Constitution and the laws”.

GIVEN under my Official Seal,

11 September 2012.

ALAN SHATTER,

Minister for Defence.

EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules prescribe the form of Oath to be taken by the Military Judge.