The Gazette 1973

treated in full. It will thus be appreciated that the learned author has had to study and arrange under suitable headings the various laws of patents through- out the world, and this has entailed considerable re- search. Mr. Baxter's erudition is only equalled by his expertise in putting this complicated matter together in such a simple way. Telling (A. E.)— Planning Law and Procedure. Fourth edition; 8vo; pp. xxviii plus 325; London, Butterworth, 1973; (Limp. £2.60). The fact that four editions of this work have been published in ten years demonstrates its usefulness and popularity. From the beginning, Mr. Telling has succeeded in simplifying as much as possible this com- plicated subject. He first of all deals with the facts and objects of planning law, and insists that henceforth no development is to take place without planning per- RECENT LEGISLATION (1) Road Traffic (Amendment) Act 1973 The purpose of the Act is to amend the Road Traffic Act 1968 to take account of a judgement of the Supreme Court in which Section 44(2)(a) of that Act was declared unconstitutional. The amendments provided for by Sections 2 to 6 are clearly related. Sections 3 and 4 amend sections 30 and 33 of the 1968 Act so as to enable any member of the Garda Siochana to require an arrested person to permit the taking of a specimen of his blood or to provide a specimen of his urine. At present the power to make such a requisition is vested only in the member of the Garda Siocana who is in charge of the Garda Station at the time an arrested person is brought there. The Amendments of Sections 27, 36, 43 of the 1968 Act which are provided for by Sections 2, 5, 6, of this Act respectively are consequential on the Amendments of Section 30 and 33. Section 7 amends section 44 of the 1968 Act as follows : (a) In subsection (2)(a) which relates to the evidential effects of a certificate from the Medical Bureau of Road Safety as to a person's blood-alcohol level, the words "be sufficient evidence until the con- trary is shown" are being substituted for "be conclusive evidence". It was the use of the word "conclusive" that led the Supreme Court to declare the former subsection (2) (a) to be invalid, (b) A new subsection (3) pro- vides that it shall be presumed until the contrary is shown, that the person who took the blood specimen or for whom the urine specimen was provided is a registered medical practitioner. (2) Ministers and Secretaries (Amendment) Act 1973 By Section 2, the Government may by order appoint a day for the purpose of establishing the Department of the Public Service provided for by this Act. Briefly the "Public Service" is defined as the Civil Service and State subsidised bodies. The Minister for Finance will automatically also be Minister for the Public Service. By Section 4, the Public Service Advisory Council to perform the following functions assigned to it by Section 5 : (a) To advise the Minister on the Organisation of the

mission; in England the legislation has been recently co-ordinated in an Act of 1971. The thorny question of development plans is fully explored, and the definition of "development" emphasised. The steps necessary to apply for and obtain planning permission are described, as well as the extent of revocation or modification of planning permission. The enforcement of planning control by enforcement notices; and the special forms of control in relation to tree preservation, buildings of special interest, out-door advertising, abandonment vehicles, etc, are fully considered. There is a most useful chapter on the conduct of a planning enquiry. Finally the intricate problem of when compensation will bé granted is fully mentioned. Al- though the Irish Law on planning under the 1963 Act differs in some respects from the English Law, practi- tioners who wish to improve their knowledge in this subject will find this book a most useful and thorough guide. Public Service and on matters affecting personnel in the Public Service, (b) To advise the Minister on any special matter relat- ing to the Public Service as he shall direct. The schedule to the Act gives particulars relating to the Public Service Advisory Council. The Council shall consist of a chairman and seven members shall be appointed by the Minister for a term not exceeding four years. A member of the Council may resign his office as a member by a letter addressed to the Minister and may also be removed from office by the Minister. Each member of the Council including the Chairman shall have one vote. The quorum for a meeting of the Council shall be four members. In the case of an equal division of votes the Chairman shall have a second or casting vote. The Council shall regulate its own procedure and business. Finally, the Council shall report annually to the Minister on the organisation of the Public Service and on personnel practices in the Public Service. (3) European Communities (Amendment) Act 1973 Section 1 of this Act is enacted in substitution for Section 4 of the European Communities Act 1972. (i) Regulation, under this Act shall have Statutory effect. (ii) If the Joint Committee on the Secondary Legis- lation of the European Communities recommends to the Dail and to the Senate that any regulations under this Act be annulled and a resolution annulling the regulations is passed by both the Dail and Senate within one year after the regulations are made, these regula- tions shall be annulled accordingly and shall cease to have statutory effect. In the event of the Dail standing adjourned for more than ten days if, during that adjournment at least one third of deputies by notice in writing to the Ceann Comhairle require the Dail to be summoned, the Cean Comhairle shall summon Dail Eireann to meet within 21 days of the receipt of such notice. The same rule shall apply to the Senate and the Chairman of the Senate can summons the Senate to meet within 21 days of- receiving a notice signed by at least one third of all the Senators. 204