The Gazette 1995

NOVEMBER 1995

GAZETIE

93/81/EEC, for certain 'end of series' vehicles for a limited period subject to specified conditions. It is also permitted to issue first licences prior to 1 January 1997 where vehicles conform to the requ irements of either Directive 93/59/EEC or 94/12/EEC

This Act was signed by the President on 17 July 1995. Cf (1995) 13 ILT 146

14 of the Building Control Act 1990. The Order appoints the chairman and members of the Body for the period expiring 31 May 1998.

EMPLOYMENT

CONSUMER

Adoptive Leave (Referral of Disputes and AppealsHPart V) Regulations 1995 (SI No. 195 of 1995) These Regulations prescribe procedures to be followed in relation to the hearing of disputes and appeals by a rights commissioner or by the Employment Appeals Tribunal under Part V of the Adoptive Leave Act 1995. The Regulations came into operation on 20 July 1995. Adoptive Leave (Calculation of Weekly Remuneration) Regulations 1995 (SI No. 196 of 1995) These Regulations prescribe the method of calculating wekly remuneration for the purpose of redress in the form of compensation under Part V of the Adoptive Leave Act 1995. The Regulations came into operation on 20 July 1995. Tony McAuliffe v. Minister for Social Welfare High Court (Barr J) [1995] 1 ILRM 189 Class - Whether a contract of service or for services - Tests to be applied - Social Welfare (Consolidation) Act 1993, s. 271 Arterial Drainage (Amendment) Act 1995 (No. 14 of 1995) This Act was signed by the President on 17 July 1995. Cf (1995) 13 ILT'178. European Communities (Mechan– ically Propelled Vehicle Emission Control) Regulations 1995 (SI No. 192 of 1995) These Regulations prohibit the issue of first licences for certain new vehicles from 1 January 1997 unless the vehicles conform to the air polutant emission control reliuirements of Directive 91/441/EEC as amendp.d bv Directive 94/12/EEC. Exceptions dH:' made, in accordance with Directive ENVIRONMENT

Package Holidays and Travel Trade Act 1995 (No. 17 of 1995) This Act was signed by the President on 17 July 1995. Cf (1995) 13 ILT 90. (Cf. aIso (1 995) 13 ILT 21 2.) Consumer Credit Act 1995 (No. 24 of 1995) This Act was signed by the President on 31 July 1995. Cf(1995) 131LT 119. Lac Minerals Limited v. Chevron Mineral Corporation of Ireland and Ors High Court (Murphy J) [1995] 1 ILRM 161 Construction - Right of pre-emption - Inconsistency between time within which right of pre-emption could be exercised and amount of time to be specified in notice informing party of its right of pre-emption - Distinction between right of pre-emption and machinery pertaining to its exercise Equity - Rectification - Remedy not available to person who is not a party to the contract and who does not derive any estate under that agreement - Requirement of nexus between person seeking rectification and the document in respect of which rectification is sought Company - Separate legal personality - Lifting the corporate veil - Companies within group treated as single entity CONTRACT

EQUITY

AlB Finance Limited v. Sligo County Council High Court (Morris J) [1995] 1 ILRM 81 Incomplete gift - Money lodged by deceased in account in joint names - Deceased retaining dominion and control over the money - Intention of deceased that other party should be entitled to the money on his death - Whether arrangement gave rise to a resulting trust P. v. B. Supreme Court (Hamilton CI, Egan and Denham JJ) [1995] 1 ILRM 201 Custody - Child abduction - Wrongful removal and detention of child by mother outside its country of habitual residence - Application by father for return of chi Id - Whether father acquiesced in child's removal - Undertakings by father relating to the welfare of the child - Whether it was appropriate for trial judge to impose conditions on the return of the child to the country of its habitual residence - Requirement that court should act expeditiously to secure return of child to country of habitual residence - Child Abduction and Enforcement of Custody Orders Act 1991 - Hague Convention on the Civil Aspects of International Child Abduction 1980, articles 12, 13 FAMILY

CRIMINAL

FISHERIES

Fisheries (Amendment) Bill 1995 This Bill, as presented by the Minister for the Marine, aims to amend the Fisheries Acts 1959 - 1994. Its principal provision aims to provide that the Minister for the Marine may, by or0er, following a request from a

Criminal Law (Incest Proceedings) Act 1995 (No. 12 of 1995) This Act was signed by the President on 5 July 1995. Cf (1995) 13 ILT 1"18

Transfer of Sentenced Persons Act 1995 (No. 16 of 1995)

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