Defence Act 1954
Rules of procedure.
240.—F377[(1) The Minister may make rules (in this Act referred to as "rules of procedure") in relation to all or any of the following matters:
(a) the assembly and procedure of courts of inquiry and boards;
(b) the form of oath to be taken by the military judge before entering upon his duties under this Act;
(c) in the case of a person remanded for trial by court-martial, the procedures (other than procedures of a court-martial which are the subject of court-martial rules) to be followed in bringing the person to trial, including the taking of a written summary of evidence in the case;
(d) the functions of the Court-Martial Administrator relating to the management and control generally of the administration and business of courts-martial;
(e) the procedure for convening courts-martial;
(f) the procedure for the dissolution by the Court-Martial Administrator of a general court-martial or limited court-martial;
(g) the procedure for referring matters to the summary court-martial;
(h) the procedure for selecting members of a court-martial board;
(i) the procedure in relation to representation for the purposes of section 211A;
(j) the promulgation of the findings and sentence of a court-martial;
(k) the carrying into effect of sentences of courts-martial;
(l) the carrying into effect of decisions made and punishments awarded by the summary court-martial under section 178G;
(m) the form of notice and the giving of such notice under section 212A(12);
(n) the retention and preservation of records of proceedings of a court-martial;
(o) the supply of copies of such records, including provision in respect of any fee payable for the supply of copies;
(p) the officers who are to be prescribed officers for the purposes of section 121;
(q) the functions of the Chief Military Judge (if any);
(r) the judicial functions, other than those with respect to courts-martial, which may be performed by a military judge;
(s) any other matter or thing referred to in this Part (other than Chapters IV and X and any matter or thing referred to in this Part as prescribed by court-martial rules) as prescribed;
(t) any other matter which the Minister considers necessary or expedient for the proper administration of this Part (other than Chapters IV and X and any matter referred to in this Part as the subject of court-martial rules).]
F378[(1A) Without prejudice to the generality of subsection (1), rules of procedure made under this section may, in relation to the functions of a military judge provided for in those rules, including the judicial functions referred to in subsection (1)(r), include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA, is temporarily designated to perform such functions under section 11A of the Act of 1947.]
(2) Rules of procedure shall not contain anything contrary to or inconsistent with this Part.
(3) Rules of procedure shall be judicially noticed.
(4) Rules of procedure may provide for a written summary of evidence being taken on oath and may empower a commanding officer or any other officer before whom he directs such summary to be taken to administer oaths for that purpose.
(5) Rules of procedure in relation to courts of inquiry may provide for evidence being taken on oath and may empower courts of inquiry to administer oaths for that purpose.
(6) Every rule made under this section shall be laid before each House of the Oireachtas as soon as may be after such rule is made and, if a resolution annulling such rule is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such rule is so laid before it, such rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under such rule.
Annotations
Amendments:
F377
Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 70, S.I. No. 254 of 2008.
F378
Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 9, S.I. No. 568 of 2011.
Editorial Notes:
E94
Power pursuant to section exercised (6.11.2024) by Rules of Procedure (Defence Forces) (Amendment) Rules 2024 (S.I. No. 611 of 2024), in effect as per art. 4
E95
Power pursuant to section exercised (5.10.2023) by Rules of Procedure (Defence Forces) (Amendment) Rules 2023 (S.I. No. 491 of 2023).
E96
Power pursuant to section exercised (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), in effect as per art. 1(2).
E97
Previous affecting provision: power pursuant to section exercised (11.09.2012) by Defence Act 1954 (Military Judge) (Form of Oath and Solemn Declaration) Rules 2012 (S.I. No. 345 of 2012); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).
E98
Previous affecting provision: power pursuant to section exercised (11.09.2012) by Rules of Procedure (Defence Forces) (Amendment) Rules 2012 (S.I. No. 344 of 2012); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).
E99
Previous affecting provision: power pursuant to section exercised (12.11.2011) by Rules of Procedure (Defence Forces) 2011 (S.I. No. 581 of 2011); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).
E100
Previous affecting provision: power pursuant to section exercised (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), art. 73(1) and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 73(2).
E101
Previous affecting provision: power pursuant to section exercised (25.09.2007) by Rules of Procedure (Defence Forces) (Form of Oath of Military Judge) 2007 (S.I. No. 661 of 2007); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).
E102
Previous affecting provision: subs. (1) amended (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14(1) and sch. 2, para. 4, commenced as per s. 1; substituted as per F-note above.
E103
Previous affecting provision: power pursuant to section exercised (7.02.1991) by Rules of Procedure (Defence Forces) 1991 (S.I. No. 27 of 1991); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).
E104
Previous affecting provision: power pursuant to section exercised (23.09.1987) by Rules of Procedure (Defence Forces) 1987 (S.I. No. 245 of 1987); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).
E105
Previous affecting provision: power pursuant to section exercised (15.07.1983) by Rules of Procedure (No. 3) (Defence Forces) 1983 (S.I. No. 202 of 1983); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).
E106
Previous affecting provision: power pursuant to section exercised (10.03.1983) by Rules of Procedure (No. 2) (Defence Forces) 1983 (S.I. No. 72 of 1983); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).
E107
Previous affecting provision: power pursuant to section exercised (26.01.1983) by Rules of Procedure (Defence Forces) 1983 (S.I. No. 22 of 1983); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).
E108
Previous affecting provision: power pursuant to section exercised (31.03.1955) by Rules of Procedure (Defence Forces), 1954 (Amendment) Rules 1955 (S.I. No. 58 of 1955); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).
E109
Previous affecting provision: power pursuant to section exercised (1.01.1955) by Rules of Procedure (Defence Forces) 1954 (S.I. No. 243 of 1954); revoked (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), art. 75 and sch. 1, in effect as per art. 1(2), subject to transitional provision in art. 75(2).