The Gazette 1995

APRIL 199;

1972. The Regulations came into force on 8 December 1994

into effect on 13 February 1995.

tional exposure limits in respect of about 600 chemical agents which come within the scope of these Regu- lations are set out in a Code of Prac- tice issued by the Health and Safety Authority. The Regulations and Code of Practice were made under the Safety, Health and Welfare at Work Act 1989. Safety, Health and Welfare at Work (Pregnant Employees Etc.) Regula- tions 1994 (SI No. 446 of 1994) These Regulations implement the oc- cupational safety and health provi- sions of Council Directive 92/85/EEC of 19 October 1992 on the introduc- tion of measures to encourage im- provements in the safety and health at work of pregnant workers and work- ers who have recently given birth or are breastfeeding. The Regulations came into effect on 30 December 1994 and were made under the Safety, Health andWelfare atWork Act 1989. On the implementation of the other elements of the 1992 Directive, see the Maternity Protection Act 1994: (1995) 13 ILT 15. PRACTICE AND PROCEDURE Bula Ltd & Ors. v Crowley & Ors.: Supreme Court (Finlay Cj, Egan and Denham JJ) [1994] 1 ILRM 495. Discovery-Legal professional privi- lege-Exemption from privilege-Re- strictions on exemptions from privi- lege. REVENUE Disabled Drivers and Disabled Pas- sengers (Tax Concessions) Regula- tions 1994 (SI No. 353 of 1994) These Regulations set out the medi- cal criteria, certification procedures, repayment limits, forms and other matters necessary for the purposes of giving effect to s.92 of the Finance Act 1989 which provides for tax con- cessions for disabled drivers and disa- bled passengers. The Regulations came into effect on 1 December 1994.

—s HEALTH AND SAFETY

European Communities (Machinery) Regulations 1994 (SI No. 406 of 1994) These Regulations implement Coun- cil Directive 89/392/EEC, as amended by Council Directive 91/368/EEC, on the approximation of the laws of the Member States relating to machinery to provide additional essential health and safety requirements to cover the risks being run by persons being lifted. They also deal with safety compo- nents (Council Directive 93/68/EEC) by harmonizing the provisions con- cerning the affixing and use oftheCE marking (cf (1994) 12 ILT 296). The aim is to remove barriers to intra Community trade in the area of ma- chinery and safety components. The Regulations apply to machinery and safety components which are first placed on the market or put into service in the Community on or after 1 January 1995. They replace the European Communities (Machinery) Regulations 1992 (SI No. 246 of 1992), which are revoked. They also revoke the European Communities (Wine-Ropes, Chains and Hooks) Regulations 1979 with effect from 1 January 1995. The European Com- munities (Roll Over and Falling Ob- ject Protective Structures for Con- struction Plant) Regulations 1990 (SI No. 202 of 1990) and the European Communities (Self-Propelled Indus- trial Trucks) Regulations 1991 (SI No. 12 of 1991) are both revoked with effect from 1 January 1996. Safety, Health and Welfare at Work (Chemical Agents) Regulations 1994 (SI No. 445 of 1994) These Regulations implement Coun- cil Directive 88/642/EEC and Com- mission Directive 91/322/EEC on the protection of workers from the risks related to chemical agents at work. The Regulations define a chemical agent and outline the duties of em- ployers in relation to the prevention and limitation of exposure of em- ployees to chemical agents in the workplace. There are also require- ments in relation to information, train- ing and consultation of employees. The Regulations came into effect on 25 January 1995. Current occupa- 2

COMPANY In re Holidair Ltd: Supreme Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1994] 1 ILRM 481. Examinership-Borrowing powers of e x am i n e r - D e b e n t u r e - F l o a t i ng charge-Charge over book debts de- scribed as a fixed charge-Obliga- tions to pay proceeds into account to be designated by trustee under de- benture-Failure to designate account and companies permitted to use pro- ceeds of book debts i n ord i nary cou rse of business-Receiver appointed in respect of companies-Subsequent ap- pointment of examiner-Letters desig- nating account into which proceeds of book debt should be paid sent to companies. Whether action taken to realise security-Crystallisation of floating charge on appointment of examiner-Companies (Amendment) Act 1990, ss. 5(2)(d), 7(5), 9(1), 9(4), 29(2), 29(3). ENVIRONMENT Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (SI No. 403 of1994) These Regulations bring into effect a prohibition on the marketing, sale and distribution of bituminous coals within the restricted area of Cork and set certain standards for allowable fuels within that area. The prohibi- tion does not apply to certain opera- tions involving the storage of prohib- ited fuels within the area and their transport or del i very through the area. The Regulations also make provision for thei r enforcement by Cork Corpo- ration and Cork County Council within their respective functional ar- eas and provide controls in that re- gard (keeping and examination of records etc.). The Regulations also revoke the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (SI No. 294 of 1993) which prohibited the sale of slack and required retailers to have a supply of smokeless or low- smoke fuel for sale in the designated area of Cork. The Regulations came