S.I. No. 269/1950:

REFEREE (MILITARY SERVICE PENSIONS) RULES, 1950.

REFEREE (MILITARY SERVICE PENSIONS) RULES, 1950.

The Minister for Defence, in exercise of the powers conferred on him by subsection (5) of section 5 of the Military Service Pensions Act, 1934 (No. 43 of 1934), and subsection (3) of section 11 of the Military Service Pensions (Amendment) Act, 1949 (No. 29 of 1949), 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) Rules, 1950.

2. In these Rules--

" the Act of 1934 " means the Military Service Pensions Act, 1934 (No. 43 of 1934) ;

" the Act of 1949 " means the Military Service Pensions (Amendment) Act, 1949 (No. 29 of 1949) ;

" the Minister " means the Minister for Defence.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to those Rules.

4. (1) The Referee shall keep or cause to be kept a record of each application referred to him under section 8 of the Act of 1934 and shall enter or cause to be entered in such record the following matters--

(a) particulars of such application,

(b) particulars of the proceedings of the Referee on such application, and

(c) 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 keep or cause to be kept a record of each petition received by him under section 11 of the Act of 1949 and shall enter or cause to be entered in the record the following matters--

(a) particulars of such petition,

(b) particulars of the proceedings of the Referee on such petition, and

(c) such particulars of the evidence heard by the Referee in relation to such petition as are, in the opinion of the Referee, sufficient to show the general nature and purport of such evidence.

(3) Every record kept under this Article 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 of 1934 and the Act of 1949.

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. (1) Where an application is referred to the Referee under section 8 of the Act of 1934 and he has investigated it, or a petition has been sent to the Referee under section 11 of the Act of 1949 and he has re-investigated the application, and it appears to the Referee that the evidence submitted does not show that the applicant is a person to whom the Act of 1934 applies, the Referee may, in his discretion and before reporting to the Minister, afford the applicant an opportunity of submitting additional evidence or representations in relation to the application within a specified period to be fixed by the Referee.

(2) If any additional evidence or representations is or are submitted within the said specified period, the Referee shall, before making his report to the Minister, consider such additional evidence or representations.

7. Subject to the provisions of the Act of 1934 and the Act of 1949 and these Rules the Referee may regulate his own procedure.

8. The Referee (Military Service Pensions) Rules, 1934 to 1938, are hereby revoked.

GIVEN under the Official Seal of the Minister for Defence, this 19th day of October, 1950.

(Signed) PEADAR MAC MATHGHAMHNA,

Secretary,

Department of Defence.