The Gazette 1995

-GAZETTE

JULY 1995

of that Act applies. The Regulations also prescribe the form of notice which may be affixed to a vehicle or given to a person by a traffic warden employed by a local authority. The Regulations also prescribe the amounts which a person, who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution. The Regulations came into effect on 1 June 1995. SOCIAL WELFARE Social Welfare Act 1995 (No. 3 of 1995) The various sections of this Act come into force on the dates as provided for in the Act. Cf. (1995) 13 ILT 120. This Bill, as presented by the Minister for Finance, proposes various changes in the taxation code, largely based on the Minister's 1995 Budget. TRANSPORT Road Transport Act 1978 (Section 5) Order 1995 (SI No. 84 of 1995) The purpose of this Order is to exempt certain types of road transport operations performed in Ireland by Russian carriers of passengers and hauliers from the requirements to be authorised by licence or permit. This gives formal effect to an international road transport agreement between Ireland and the Russian Federation. Road Transport (International Carriage of Goods by Road)(No. 2) Order 1995 (SI No. 85 of 1995) The purpose of this Order is to allow the Russian transport authorities to issue permits on Ireland's behalf for access by Russian hauliers to Ireland. This gives formal effect to an international road transport agreement between Ireland and the Russian Federation TRUST LAW In the Matter of the Estate of Mary Davoren, Deceased High Court Will Interpretation—Residuary bequest - Trust for education of persons chosen by trustees - Class consisting of children, grandchildren and descendants of specified persons - Meaning of the term 'descendants' - Closing of class - Rule against perpetuities - Rule against perpetual trusts (Murphy J) [1994] 2 ILRM 276 Certainty of objects - TAXATION Finance Bill 1995

Angelo Fusco v. Edward O'Dea Supreme Court (Finlay C|, Egan and Blayney JJ) [1994] 2 ILRM 389 Discovery - Extradition proceedings - Whether discovery could be obtained against a third party who was outside the jurisdiction - Circumstances in which discovery could be obtained against a foreign government - Extradition Act 1965 - Rules of the Superior Courts 1986, 0.11,0.31, r.29 Public jnternational law - State immunity - Whether order for third party discovery could be made against soverign state This Bill, as presented by Senator Maurice Manning, aims to amend the disqualification requirements of s. 26 of the Road Traffic Act 1961 (as inserted by s. 26 of the Road Traffic Act 1994). Road Traffic Act 1994 (Commencement) Order 1995 (SI No. 86 of 1995) This order brought ss. 40, 41 and 47 of the Road Traffic Act 1994 into operation on 19 April 1995 and s. 43 of the same Act into operation on 1 June 1995. Road Traffic Act 1994 (Section 41) Regulations 1995 (SI No. 89 of 1995) These Regulations give effect to the provisions of s. 41 of the Road Traffic Act 1994 and outline the procedures governing the detention, removal, storage and subsequent release or disposal of vehicles detained under that section. The Regulations came into effect on 19 April 1995. Road Traffic Act 1961 (Section 103)(0ffences) Regulations 1995 (SI No. 87 of 1995) These Regulations, which replace previous Regulations made under the Road Traffic Act 1961, declare the offences to which s. 103 of that Act applies. The Regulations also provide the form of notice which may be affixed to a vehicle or given to a person by a member of the Garda Síochána or Authorised Person who alleges that an offence has been committed. The Regulations also prescribe the amounts which a person, who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution. The Regulations came into effect on 1 June 1995. Local Authorities (Traffic Wardens) Act 1975 (Section 3)(Offences) Regulations 1995 (SI No. 88 of 1995) These Regulations, which replace previous Regulations made under the Local Authorities (Traffic Wardens) Act 1975, declare the offences to which s. 3 ROAD TRAFFIC Road Traffic Bill 1995

(Efficency Requirements for New Hot Water Boilers Fired with Liquid or Gaseous Fuels) Regulations 1994 (SI No. 260 of 1994). The Regulations came into effect on 23 March 1995. INTELLECTUAL PROPERTY Phonographic Performance (Ireland) Ltd v. William Cody and Or High Court (Keane J) [1994] 2 ILRM 241 Copyright - Causing sound recordings to be heard in public without the payment of equitable remuneration to the copyright owner - Property rights of copyright owner - Copyright Act 1963, ss.17(4)(b), 31, 32, 60(4) - Constitution of Ireland 1937, Articles 40.3.2, 43.1 Practice - Pleading - Inconsistent alternative defences - No prejudice, embarassment or delay to the plaintiff - Rules of the Superior Courts 1986, 0.19, r.27 Practice - Proof of facts by affadavit instead of oral evidence - proof of copyright in sound recordings and ownership of that copyright - Witnesses residing outside jurisdiction - Rules of the Superior Courts-1986, 0.39, r.1 PLANNING AND DEVELOPMENT Local Gqvernment (Planning and Development)(No. 2) Regulations 1995 (SI No. 75 of 1995) These Regulations amend the Local Government (Planning and Develop- ment) Regulations 1994 (SI No. 86 of 1994) to provide for the making available for public inspection of documents relating to planning appeals and other matters determined by An Bord Pleanála. In any such case received by An Bord Pleanála on or after 10 April 1995, the documents, including the inspector's report, will be available for inspection for a period of five years commencing on the third working day following the day on which An Bord Pleanála makes its decision. It will be possible also to obtain a copy of all or part of any such document, except a plan or other drawing or a photograph. PRACTICE AND PROCEDURE Eileen Calvin v. Mary Craham-Twomey High Court (O'Flaherty )) [1994] 2 ILRM 315 Discovery - Defamation - Claim that plaintiff libelled in letters sent by defendant to third parties but which plaintiff had not seen - Whether discovery can be used to allow a party to plead a cause of action which has hitherto not been pleaded

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