The Gazette 1978

use was required by University College, Cork to fulfil the obligations placed on the College by the Charter and the provisions of the Universities Act 1908 "and consequently was in pursuance of such enactment and for such statutory purpose. Accordingly there was no obligation on the College to obtain permission' in respect of the change of user under the Housing Act 1969. University College, Cork v. Cork Corporation — High Court (Hamilton J.) — Unreported — 23 June, 1978. STATUTORY RULES — Whether the Rules for the Government of Prisons 1976 Invalid as bring In excess of powers given by Sections 12 and 13 of General Prisons (Ireland) Act 1877 — whether the Minister for Justice can in the interests of the security of the State direct a Prison Governor to prohibit or restrict certain persons from bring admitted to a prison. The Plaintiff sought a declaration that the Rules for the Government of Prisons 1976 (S.I. No. 30 of 1976) ("the 1976 Rules") were invalid as being in excess of the powers in that behalf given by Sections 12 and 13 of the General Prisons (Ireland) Act 1877 ("the Act of 1877") and as being repugnant to the provisions of the Constitution. The 1976 Rules were expressed to have been made in exercise of the powers conferred on the Minister by Sections 12 and 13 of the Act of 1877 and adapted. Rule 2 of the 1976 Rules provided that the Minister "may, where he considers it necessary in the interests of the security of the prison or of the State and for reasons related to the particular person, direct that a person (including a prisoner's legal adviser) — (a) shall not be admitted to a specified prison, or (b) may be admitted to a specified prison only on such conditions or in such circumstances as the Minister may specify, and any such direction shall be complied with by the Governor of the prison concerned". Rule 3 of the 1976 Rules provided that the powers conferred by Rule 2 "shall not be so exercised as to prohibit or restrict the visits from so many members of the legal profession as to deny to a prisoner a reasonable choice of legal

STATUTE INTERPRETATION — HOUSING ACT 1969 Obligation of Corporate Body Established under Statute to seek Permission for Change of Use of Habitable House. University College, Cork, applied to Cork Corporation, the Planning Authority for the County Borough of Cork, for temporary planning permission for a period of seven years in respect of the change of use of premises No. 4 Brighton Villas, and 1, Lucan Place, Cork. It was the stated intention of University College, Cork to utilize the property for an interim period for academic uses until a satisfactory land unit had been consolidated for a major building development. Following a report by the acting planning officer that in his opinion permission was required under Section 2 of the Housing Act 1969 for the use otherwise than for human habitation of a habitable house, the City Manager made an Order under Section 10 (a) of the Housing Act 1969 that the application should not be decided until an application under Section 3 of the Housing Act 1969 had been fully determined, and this decision was conveyed by the Planning Authority to University College, Cork. University College, Cork considered that they were not obliged to apply for permission by virtue of the terms of Section 9 (1) (b) of the Housing Act 1969 which provided (inter alia) that the Act was not to apply to the use otherwise for human habitation of a habitable house where the change of use was required or authorised under or in pursuance of any enactment or for any statutory purpose. The powers of University College, Cork were those granted by the Charter granted to it on the 19 November 1911 under the provisions of the Irish Universities Act 1908 subject to certain minor amending acts and it was provided in the Charter that University College, Cork "shall remain and continue to be one body corporate, with a perpetual succession and a common seal and with power, without any further licence in mortmain, to take, purchase, and hold, and also to sell, grant, exchange demise and otherwise dispose of real and personal property and shall be subject to all the provisions of the Irish Universities Act 1908". Held (per Hamilton J) that the change of

potential lessee of the premises. He must make a valuation without taking into account the effect on the rent of the competition from this particular adjoining occupier because in effect the adjoining occupier is not in the market for the lessee's interest. The same conclusion would result for another related reason namely that Maceys had agreed (in the lease) to give up possession of the premises for 21 years provided certain conditions were complied with, had agreed to a rent review at a time when they precluded themselves from taking possession of the demised premises and must therefore be taken as having agreed that in considering the demand for the premises from potential lessees the valuer should not take them into account as they were not in a position lawfully to take possession of the premises. Mncey limited v. Tylers limited — Case stated — High Court (Costdlo J.) — Unreported — 25 April, 1978. SALE OF LAND — Option to Purchase "month" meant hmar month. The Supreme Court (per Henchy H.) upheld the High Court decision of Costdlo J. (Gazette Jan./Feb. 1978) that in the absence of any admissible evidence that a calendar month was intended the word "month" in an instrument such as a lease meant a lunar month. The Court was unable to accede to the proposition that the rule was outmoded or was unworthy of recognition or application in the Courts because die acceptance of such a proposition would involve the retroactive abrogation of the rule in its application to existing situations. Note: The Court indicated that it thought statutory amendment affecting instruments made or coming into operation after the operation of the Act would be welcomed by lawyer and layman alike. Vone Securities v. Gerard Cooke — Supreme Court (Henchy J, with O'Higgins CJ., and Kenny J.) — Unreported — 24 July, 1978.