AI-assisted research summary: These rules set out how the Referee must keep records, handle requests, send notice, wait at least 20 days before reporting, and sit at times and places set by the Minister.
S.I. No. 354/1934 - Referee (Military Service Pensions) Rules, 1934. STATUTORY RULES AND ORDERS. 1934. No. 354. REFEREE (MILITARY SERVICE PENSIONS) RULES, 1934. 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 Short title. 1. These Rules may be cited for all purposes as the Referee (Military Service Pensions) Rules, 1934. 2 Definitions. 2. In these Rules— the expression "the Minister" means the Minister for Defence, the expression "the Act" means the Military Service Pensions Act, 1934 (No. 43 of 1934). 3 Application of Interpretation Act, 1923 3. 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. 4 Records to be kept by the Referee 4. —(1) The Referee shall keep or cause to be kept a record of each application for service certificate referred to him under Section 8 of the Act and shall enter or cause to be entered in such record the following matters, that is to say:— ) particulars of such application, ) particulars of proceedings of the Referee on such application, and ) such particulars of the evidence heard by the Referee in relation to such application as are, in the opinion of the Referee, sufficient to show the general nature and purport of such evidence. (2) The Referee shall also keep or cause to be kept a record of each request by the Minister under Section 13 of the Act to review a report under the Act, and shall enter or cause to be entered in such record the following matters, that is to say:— ) particulars of such request, ) particulars of proceedings of the Referee thereon, and ) such particulars of the evidence heard by the Referee in relation to such request as are, in the opinion of the Referee, sufficient to show the general nature and purport of such evidence. (3) The Referee shall also keep or cause to be kept a record of each request by the Minister under Section 13 of the Act to review a report under the Act of 1924 and shall enter or cause to be entered in such record the following matters, that is to say:— ) particulars of such request, ) particulars of proceedings of the Referee thereon, and ) such particulars of the evidence heard by the Referee in relation to such request as are, in the opinion of the Referee, sufficient to show the general nature and purport of such evidence. (4) Every record kept under this section shall be delivered by the Referee to the Minister when no longer required by the Referee for the purposes of his duties under the Act. 5 Sittings. 5. The Referee shall sit at such places and times as may from time to time be appointed by the Minister after consultation with the Referee. 6.. 6. ) an application for a service certificate is referred to the Referee, and ) the Referee is of opinion that the applicant has not discharged the onus of proving all or any of the matters o fact alleged in his application, the following provisions shall have effect, that is to say:— (i) the Referee shall cause to be sent by post to the applicant at the address specified in the application a notice to that effect stating the matters of fact in respect of which he is of such opinion, and (ii) The Referee shall not, until the expiration of at least twenty days after the service of such notice, complete and make to the Minister his report on the application. 7 Matters of procedure not provide for by the Act or these Rules. 7. Subject to the provisions of the Act and these Rules the Referee may regulate his own procedure. Given under the official Seal of the Minister for Defence, this 18th day of October, 1934. PEADAR MAC MATHGHAMHNA, Secretary, Department of Defence.