Defence Forces (Temporary Provisions) Act, 1923

Power to Minister to make rules of procedure.

125.—(1) Subject to the provisions of this Act, the Minister may, by rules, from time to time make and when made, repeal, alter or add to, provisions in respect of the following matters or any of them, that is to say:—

(a) The assembly and procedure of Courts of Inquiry.

(b) The convening and constitution of Courts-Martial.

(c) The adjournment, dissolution and sittings of Courts-Martial.

(d) The procedure to be observed in trials by Courts-Martial.

(e) The confirmation and revision of the findings and sentences of Courts-Martial.

(f) The carrying into effect sentences of Courts-Martial.

(g) The forms of orders to be made under the provisions of this Act relating to Courts-Martial, penal servitude, imprisonment or detention.

(h) Any matter in this Chapter of this Part of this Act directed to be prescribed.

(i) Any other matter or thing expedient or necessary for the purpose of carrying this Act into execution so far as relates to the investigation, trial or punishment of offences triable or punishable by military law.

(2) Provided always, that no such rules shall contain anything contrary to or inconsistent with the provisions of this Act.

(3) All rules made in pursuance of this Section shall be judicially noticed.

(4) All rules made in pursuance of this Section shall be laid before each House of the Oireachtas as soon as practicable after they are made, if the Oireachtas be then sitting, and if the Oireachtas be not then sitting, as soon as practicable after the beginning of the then next session of the Oireachtas.

(5) The rules as to the procedure of Courts of Inquiry may provide for evidence being taken on oath, and may empower Courts of Inquiry to administer oaths for that purpose.

(6) The rules as to the investigation of a charge may provide for a written summary of the evidence being taken on oath, and may empower a Commanding Officer or any officer, before whom he directs such summary to be taken, to administer oaths for that purpose.

(7) The Rules Publication Act, 1893, shall not apply to rules made under this Section.