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S.I. No. 70/1935 - Referee (Military Service Pensions) Rules, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 70.

REFEREE (MILITARY SERVICE PENSIONS) RULES, 1935.

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 and citation.

1. These Rules may be cited as the Referee (Military Service Pensions) Rules, 1935, and the Referee (Military Service Pensions) Rules, 1934 (Statutory Rules and Orders No. 354 of 1934), and these Rules may be cited together as the Referee (Military Service Pensions) Rules, 1934 and 1935.

2 Application of Interpretation Act, 1923 .

2. The 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.

3..

3. Paragraph 6 of the Referee (Military Service Pensions) Rules, 1934, is hereby amended by the deletion of sub-clauses (i) and (ii) of sub-paragraph (b) thereof, and the substitution therefor of the following sub-clauses:—

"(i) the Referee shall notify the applicant accordingly either, as he thinks fit, by informing the applicant verbally of his opinion or by sending by post to the applicant a notice stating his said opinion.

"(ii) where the applicant has been so informed verbally and has forthwith intimated to the Referee that he desires to furnish further evidence, or such notice has been sent to the applicant, the Referee shall not make and complete his report on the application until the expiration of at least twenty days after (as the case may be) the date on which the applicant was so informed verbally or the date on which such notice was sent."

and the said paragraph shall be construed and have effect accordingly.

Given under the Official Seal of the Minister for Defence, this 23rd day of January, 1935.

(Signed) PEADAR MACMATHGHAMHNA,

Secretary,

Department of Defence.