S.I. No. 693/2011 - Rules of the Superior Courts (Courts-Martial Appeal Court) 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th December, 2011.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, by virtue of the powers conferred upon us by the Courts-Martial Appeals Act 1983 , section 23, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 28th day of November 2011.

Susan Denham

Nicholas Kearns

Joseph Finnegan

Elizabeth Dunne

John Edwards

Paul McGarry

Gerard Meehan

Patrick Groarke

Patrick O’Connor

Mary Cummins

Noel Rubotham

Geraldine Manners

I concur in the making of the following Rules of Court.

Dated this 20th day of December, 2011.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 693 of 2011

RULES OF THE SUPERIOR COURTS (COURTS-MARTIAL APPEAL COURT) 2011

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Courts-Martial Appeal Court) 2011, shall come into operation on the 1st day of January 2012.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2011.

2. The Rules of the Superior Courts are amended by the substitution for the definition of “military judge”, in rule 1 of Order 86A, of the following definition:

“ “military judge”—

(a) means a military judge appointed under Chapter IVC of Part V of the Act of 1954, and

(b) where the context so requires, includes a judge of the Circuit Court temporarily designated under section 11A of the Courts of Justice Act 1947 pursuant to a request under section 184LA of the Act of 1954, performing the functions of a military judge under the Act of 1954 or any statutory instrument made under it;”.

EXPLANATORY NOTE

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

These rules amend the Rules of the Superior Courts by substituting a new rule 1 of Order 86A for the existing rule 1 of that Order to extend the definition of “military judge” for the purposes of Order 86A to include a judge of the Circuit Court temporarily designated under section 11A of the Courts of Justice Act 1947 to perform the functions of a military judge.