The Gazette 1995

GAZETTE

AUGUST/S E PTE MBER

1995

on 18 July 1995. Cf (1995) 13 ILT 204.

fisheries board or after consideration by him of a report of a person appointed by him to examine the management and organisation of a board and the performance by it of its functions, appoint a Commission to carry out such and so many of the functions of that board as he may determine. European Communities (Export and Import of Certain Dangerous Chemicals)(Pesticides)(Enforcement) (Amendment) Regulations 1995 (SI No. 183 of 1995) These Regulations serve to implement the provisions of Council Regulation (EC) No. 3135/94 which extends the scope of Council Regulation (EEC) No. 2455/92. In particular, the list of chemicals which have been banned or severely restricted to certain uses by Commmunity legislation, owing to their effects on health and the environment, is extended. The Regulations came into operation on 1 August 1995. Governor and Company of the Bank of Ireland v. Michael John Meeneghan and Or High Court (Costello j) [1995] 1 ILRM 96 Private international law - Enforce- ment of penal, revenue or public law of foreign state - Charge of evasion of UK value-added tax - Order granted by English court restraining the accused from disposing or dealing with assets - Monies in bank account in Ireland - Whether lawful for bank to pay out monies - Interpleader proceedings brought by bank - Distinction between recognition and enforcement of penal law of foreign state HEALTH AND SAFETY INTERNATIONAL LAW

Planning development Development plan - Duty of planning authority to notify citizens of development plan - Mandatory consultation process - Proposed halting sites listed in development plan - Attempt by local authority to establish halting site at another location which was not mentioned - Local Government (Planning and Development) Act 1963, s. 39(2) and Civil Legal Aid Bill 1995 This Bill has been amended in the Select Committee on Legislation and Security. Cf (1995) 13 ILT 92. John Lovett t/a Lovett Transport v. Robert Grogan t/a PS Travel and Ors Supreme Court (Finlay C], Egan and Denham ||) [1995] 1 ILRM 12 Injunction - Statute - Private individual entitled to enforce legislation through injunction - Injunction to protect pliantiff's constitutional right to earn a livlihood - Test to he applied by court in exercise of discretion to grant injunction where infringement of constitutional right - Licence required to operate road passenger service - Defendants not holding licences - Whether person has to own bus concerned in order to run 'road passenger service' - Road Transport Act 1932, ss. 2, 7, 12 Mary O'Brien v. Ireland, the Attorney General and the Minister for Defence High Court (O'Hanlon |) [19951 1 ILRM 22 Discovery - Privilege - Reports of UN and military inquiries into death of soldier in Lebanon - Power of the Oireachtas to enact legislation conferring privilege of exemption from production on specified categories ot documentary and other evidence Defence Act 1954 Diplomatic Relations and Immunities Act 1967, s. 9 - Rules of Procedure (Defence Forces) 1954 - Detente Force Regulations 1982 - Convention on the Privileges and Immunities of the United Nations 1946, artic le II, s. 4 PRACTICE AND PROCEDURE

Housing (Sale of Houses) Regulations 1995 (SI No. 188 of 1995) These Regulations govern the sale by housing authorities of tenanted dwellings to tenants. Under s. 26 of the Housing (Miscellaneous Provisions) Act 1992, the sale of such a dwelling is made in accordance with a tenant purchase scheme adopted by the housing authority. A sale can be made either in fee simple or by way of shared ownership lease. A tenant purchase scheme must comply with the provisions of the Regulations which, inter alia, set out the basis for the determination of the purchase price of a dwelling, prescribe certain conditions attaching to a sale and the terms of a shared ownership lease. Where a housing authority sells a dwelling, other than a tenented dwelling, the Regulations require the authority to obtain the consent of the Minister to the sale unless it is made at the best price reasonably obtainable. / Wood and Co. Limited v. Wicklow County Council High Court (Costello I) [1995] 1 ILRM 51 Planning and development Compensation - Refusal of planning permission - Statutory interpretation - Application for planning permission made before commencemant of 1990 Act and decision refusing permission made after commencement Whether compensation to be determined under 1963 Act or 1990 Act - Manner in which compensation should he assessed - Whether reasons for refusal of planning permission precluded the payment of compensation - Interpretation Act 1937, s. 21(1 )(c) - Local Government (Planning and Development) Act 1963, ss. 26, 55, 56 - Local Government (Planning and Development) Act 1990, ss. 3, 11, Third Schedule Mark Keogh and Ors v. The Mayor; Aldermen and Burgesses of the County Borough of Galway High Court (Carney |) [1995] 1 ILRM 141

LOCAL GOVERNMENT

Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 (No. 18 of 1995) This Act was signed by the President

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