Courts-Martial Appeals Act 1983
Regulations.
33.—(1) The Minister may make regulations for carrying this Part of this Act into effect and the regulations may, in particular, prescribe—
(a) the form of legal aid certificates,
(b) the rates or scales of payment of any fees, costs or other expenses payable out of moneys provided by the Oireachtas pursuant to such certificates, and
(c) the manner in which solicitors and counsel are to be assigned pursuant to such certificates.
(2) Regulations under this section in relation to the matters specified in paragraph (b) of subsection (1) of this section shall not be made without the consent of the Minister for Finance.
F45[(2A) Without prejudice to the generality of subsection (1), regulations under this section may, in relation to the functions of a military judge provided for in those regulations, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA of the Act of 1954 is temporarily designated to perform such functions under section 11A of the Act of 1947.]
(3) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.
Annotations
Amendments:
F45
Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 11(d), S.I. No. 568 of 2011.
Modifications (not altering text):
C9
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 19 of 1983 |
Courts-Martial Appeals Act 1983 |
Sections 33(2) and 34(2) |
|
... |
... |
... |
Editorial Notes:
E18
Power pursuant to section exercised (12.11.2011) by Courts-Martial (Legal Aid) (Amendment) Regulations 2011 (S.I. No. 579 of 2011).
E19
Power pursuant to section exercised (30.06.2010) by Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010).
E20
Power pursuant to section exercised (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008).
E21
Previous affecting provision: power pursuant to section exercised (27.04.2009) by Courts-Martial (Legal Aid) (Amendment) Regulations 2009 (S.I. No. 153 of 2009); revoked (30.06.2010) by Courts-Martial (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 327 of 2010), reg. 6 .
E22
Previous affecting provision: power pursuant to section exercised (1.01.1993) by Courts-Martial (Legal Aid) Regulations 1993 (S.I. No. 309 of 1993); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.
E23
Previous affecting provision: power pursuant to section exercised (1.01.1991) by Courts-Martial (Legal Aid) Regulations 1991 (S.I. No. 210 of 1991); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.
E24
Previous affecting provision: power pursuant to section exercised (1.01.1990) by Courts-Martial (Legal Aid) Regulations 1990 (S.I. No. 68 of 1990); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.
E25
Previous affecting provision: power pursuant to section exercised (1.01.1989) by Courts-Martial (Legal Aid) Regulations 1989 (S.I. No. 25 of 1989); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.
E26
Previous affecting provision: power pursuant to section exercised (27.04.1988) by Courts-Martial (Legal Aid) Regulations 1988 (S.I. No. 125 of 1988); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.
E27
Previous affecting provision: power pursuant to section exercised (1.01.1987) by Courts-Martial (Legal Aid) Regulations 1987 (S.I. No. 46 of 1987); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.
E28
Previous affecting provision: power pursuant to section exercised (16.12.1986) by Courts-Martial (Legal Aid) Regulations 1986 (S.I. No. 425 of 1986); revoked (2.07.2008) by Courts-Martial (Legal Aid) Regulations 2008 (S.I. No. 206 of 2008), reg. 19.