S.I. No. 112/1949 - Rules of Procedure (Defence Forces), 1949.

S.I. No. 112 of 1949.

RULES OF PROCEDURE (DEFENCE FORCES), 1949.

I, THOMAS F. O'HIGGINS, Minister for Defence, in exercise of the powers conferred on me by section 125 of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and of every and any other power me in this behalf enabling, do hereby make the following Rules—

1. (1) These Rules may be cited as the Rules of Procedure (Defence Forces), 1949.

(2) The Rules of Procedure (Defence Forces), 1946 ( S. R. & O. No. 35 of 1946 ), and these Rules may be cited together as the Rules of Procedure (Defence Forces), 1946 and 1949.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.

3. Each Rule of the Rules of Procedure (Defence Forces), 1946 ( S. R. & O. No. 35 of 1946 ), mentioned in column (2) of the Schedule to these Rules at any reference number is hereby amended in the manner indicated in column (3) of the said Schedule at that reference number.

GIVEN under my Official Seal, this 11th day of April, 1949.

T. F. O'HIGGINS,

Minister for Defence.

Rule 3.

SCHEDULE.

PROVISIONS OF RULES OF PROCEDURE (DEFENCE FORCES), 1946 AMENDED.

Ref. No.	Rule amended	How amended
(1)	(2)	(3)
1	Rule 18	Paragraph (3) shall be deleted and the following paragraph substituted therefor—
		" (3) Subject to paragraph (4) of this Rule, a barrister-at-law or a solicitor in the State who is an officer shall be qualified to act as a judge-advocate at a local courtmartial."
		Sub-paragraph (g) of paragraph (4) shall be deleted and the following two sub-paragraphs substituted therefor—
		" (g) any officer who prepared the charge sheet or directed or advised on the proofs in the case ;
		(h) any officer having a personal interest in the case."
2	Rule 51	In paragraph (1), the word " findings " shall be substituted for the word " proceedings."
		In paragraph (2), the words " whose signature shall authenticate the whole of the proceedings " shall be inserted after the word " judge-advocate."
3	Rule 56	The Rule shall be deleted and the following Rule substituted therefor—
		" 56. Upon the Court awarding the sentence, the president shall date and sign the sentence, and the proceedings upon being signed by the judge-advocate, whose signature shall authenticate the whole of the proceedings, shall be at once transmitted for confirmation."