No. 277/1937:

MILITARY SERVICE REGISTRATION BOARD (PROCEDURE) RULES, 1937.

MILITARY SERVICE REGISTRATION BOARD (PROCEDURE) RULES, 1937.

WHEREAS it is enacted by sub-section (6) of Section 6 of the Army Pensions Act, 1932 (No. 24 of 1932), that the Minister for Defence may, with the consent of the Minister for Finance, make rules regulating the procedure of the Military Service Registration Board ;

NOW I, FRANK AIKEN, Minister for Defence, with the consent of the Minister for Finance testified by his signature to these Rules, in exercise of the powers conferred on me by sub-section (6) of Section 6 of the Army Pensions Act, 1932 , (No. 24 of 1932), and of every and any other power me in this behalf enabling, do hereby make the following rules, that is to say :—

1. These rules may be cited for all purposes as the Military Service Registration Board (Procedure) Rules, 1937.

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. In these rules :—

the expression " the Act of 1932 " means the Army Pensions Act, 1932 (No. 24 of 1932), and where the context permits, shall be construed as meaning that Act as amended by the Act of 1937.

the expression " the Act of 1937 " means the Army Pensions Act, 1937 (No. 15 of 1937) ;

the expression " the Minister " means the Minister for Defence.

the expression " the Board " means the Military Service Registration Board.

4. The Board shall keep a record in a separate file, which shall be numbered and registered, of every application referred to them by the Minister under Section 8 of the Act of 1932, or under Sections 29 and 39 of the Act of 1937, and of all proceedings of the Board in relation to such application under sub-section (7) of Section 6 of the Act of 1932 and the findings of the Board in relation to such application shall be duly noted in such file, and such findings shall be signed by all the members of the Board.

5. The register to be kept by the Board under sub-section (8) of Section 6 of the Act of 1932 shall in the case of applications for pensions or gratuities under Section 10 of the Act of 1932, or under Section 29 of the Act of 1937, be in the Form A.P. 55 in the Schedule hereto and in the case of applications for allowences and gratuities under Sections 12 or 13 of the Act of 1932, or dependants' allowances under Section 37 of the Act of 1937 be in the Form A.P. 56 in the Schedule hereto and there shall be entered in each of the said registers in relation to any applicant whose name is entered therein, the particulars asked for or otherwise indicated in the appropriate form.

6. Whenever the Board requires a person to appear before them as a witness, they shall cause a summons to be sent to such person, and such summons shall be in the Form A.P. 57 in the Schedule hereto. Where such person resides outside Ireland the consent of the Minister to the issue of the summons shall be first obtained.

7. The oath to be administered to a person giving evidence before the Board shall be in the following form, that is to say :—

" I...........................................................do swear by Almighty God that the evidence I shall give to the Military Service Registration Board shall be the truth, the whole truth and nothing but the truth."

8. Whenever the chairman or a member of the Board is, through ill-health or other sufficient cause, temporarily incapacitated from performing his duties as such chairman or member, the Board shall forthwith report the fact to the Minister.

9. Claims by witnesses for travelling and subsistence expenses shall be certified by the Board and referred by them for payment to an officer of the Minister deputed by him for the purpose.

10. The Board shall whenever required by the Minister or an officer deputed by him for the purpose produce for the inspection of the Minister or such officer (as the case may be) any document or register in the possession of the Board required by the Minister or such officer.

11. On ceasing to function, the Board shall hand over to the Minister all documents and registers in their custody.

12. The Military Service Registration Board (Procedure) Rules, 1933 (Statutory Rules and Orders No. 182 of 1933) are hereby revoked.

SCHEDULE.

ARMY PENSIONS ACTS—1932 AND 1937.

A.P. 55.

MILITARY SERVICE REGISTRATION BOARD.

REGISTER OF PARTICULARS OF SERVICE OF APPLICANTS FOR PENSIONS AS CERTIFIED BY THE REGISTRATION BOARD.

ARMY PENSIONS ACTS—1932 AND 1937.

A.P. 56.

MILITARY SERVICE REGISTRATION BOARD.

REGISTER OF PARTICULARS OF SERVICE OF DECEASED PERSONS AS CERTIFIED BY THE REGISTRATION BOARD IN RESPECT OF WHOM APPLICATIONS FOR ALLOWANCES OR GRATUITIES HAVE BEEN MADE.

A.P. 57.

DEPARTMENT OF DEFENCE.

ARMY PENSIONS ACTS—1932 AND 1937.

FORM OF SUMMONS TO

You are requested to attend a sitting of the Military Service Registration Board to be held at ............................................................ .........Dublin, on the...............day of..............................19......, at the hour of............ to give evidence in relation to the above application. Travelling Expenses and Subsistence Allowance will be paid in accordance with the following rates, subject to the conditions mentioned :—

TRAVELLING EXPENSES :

(a) Witnesses will, as a general rule, be expected to travel by train, tram or omnibus whenever available, and by whichever of the said means of public transport is the cheapest.

(b) Where public transport is available, payments will be made as follows, that is to say :—

(i) in the case of travel by rail :

witnesses, professional—first-class return fare ;

applicants and non-professional witnesses—third-class return fare

(ii) in the case of travel by tram or omnibus—fares paid.

(c) Where public conveyance is not available for the whole or any part of a journey which a witness is obliged to travel, or the Minister considers that the circumstances of the case were such as to warrant the non-user of public conveyance, reasonable travelling expenses will be allowed.

Every claim under this head in respect of hired transport where the amount claimed exceeds 5s. must be supported by vouchers.

SUBSISTENCE ALLOWANCE :

(a) Where the period of necessary absence from home is eight hours or more, and less than sixteen hours, Subsistence Allowance will be paid at the following rates :—

(b) Where the period of necessary absence from home is sixteen hours or more, and less than twenty-four hours, Subsistence Allowance will be paid at the following rates :—

(c) Where the period of necessary absence from home is twenty-four hours or more, Subsistence Allowance will be paid at the following rates for each completed period of twenty-four hours :—

together with, in the case of any broken time (not being less than eight hours) over and above twenty-four hours or a multiple thereof, extra Subsistence Allowance for such broken time in accordance with whichever of the scales (a) and (b) is appropriate.

(Back of Form A.P. 57).

CLAIM FOR EXPENSES.

CERTIFICATE OF EXAMINING OFFICER.

I certify that the above-named person attended before the Board on.............................................to give evidence regarding the application mentioned in summons overleaf, and that the expenses claimed above are correct and in accordance with the authorised rates.

RECEIPT.

Given under my Seal of Office this 17th day of September, 1937.

FRANK AIKEN,

Minister for Defence.

I consent to the foregoing rules.

SEÁN MACENTEE,

Minister for Finance.