The Gazette 1996

rrAZETTE

MARCH 1996

ILT DIGEST OF LEGISLATION AND REPORTED CASES Compiled by DAVID BOYLE

regard to goats and sheep and on 1 March 1996 with regard to pigs. European Communities (Trade in Animals and Animal Semen, Ova and Embryos) Regulations 1996 (SI No. 12 of 1996) These Regulations implement Council Directive 92/65/EEC (of 13 July 1992) laying down health requirements for animals, semen, ova and embryos not subject to animal health requirements laid down in other specific community rules. They also: (i) provide for the appointment of authorised officers by the Minister; (ii) lay down the powers which may be exercised by such authorised officers; and, (iii) establish offences in the case of contravention of the Regulations. The Regulations came into operation on 1 February 1996. Diseases of Animals (Carriage of Cattle by Sea) Order 1996 (SI No. 17 of 1996) This Order lays down regulations for the carriage of cattle by sea from the State. It provides for the inspection and approval of cattle vessels which comply with specified criteria, the loading and care of cattle on vessels, conditions in relation to weather and the submission of voyage reports. The Order came into operation on 1 February 1996. In the Matter of Manning Furniture Limited (in receivership) High Court (McCracken )) [1996] 1 ILRM 13 Receivership - Company granted a debenture which contained a floating charge in favour of debenture holder - Company subsequently created a mortgage in favour of a building society granting it a first legal charge over certain premises - Late registration of mortgage without prejudice to rights of third parties acquired prior to registration - l COMPANY

Receiver appointed by holder of debenture secured by means of a floating charge - Debenture holder's debts discharged out of proceeds of fixed assets - Application by receiver for directions as to whether he should make payments to preferential creditors in priority to rights of building society arising under its mortgage - Companies Act 1963, ss. 98(1), 316 Competition (Amendment) Bill 1994 This Bill, presented by the Minister for Enterprise and Employment, has been amended in the select Committee on Enterprise and Economic Strategy. It aims to define categories of offence in relation to competition law and provides for penalties including substantial fines and imprisonment. The Bill also aims, inter alia, to confer a right of action on the Competition Authority. COMPETITION Bridget of Occupational Therapists Limited High Court (Murphy J) [1995] 2 ILRM 601 Formation - Offer and acceptance - Student undertaking course of study at recognised college leading to qualification awarded by defendant - Manual produced by defendant providing for automatic right to take two repeat examinations in the event of failure - Amendment of rules by defendant so that automatic right to take only one repeat examination with further repeat examinations at sole discretion of defendant - Rules amended prior to commencement of study by plaintiff - Whether plaintiff had been supplied with unamended version of manual - Whether plaintiff aware of change in defendant's rules - Whether contract existed between plaintiff and defendant whereby Tansey v College CONTRACT

ADMINISTRATIVE Johnstown Castle Agricultural College (Amendment) Bill 1996 This Bill, as presented by Senator Maurice Manning, aims to allow Teagasc to lease and sell parts of Johnstown Estate, Wexford. Statistics (Business Registers) Order 1996 (SI No. 14 of 1996) This Order, which applies to undertakings, other than public authorities, prescribes the information which businesses shall provide to the Central Statistics Office. The information, which is to be supplied pursuant to surveys at intervals of not less than 12 months, includes particulars of accounts, turnover, value of imports and exports, shareholdings and the legal status of the undertaking. The Order came into operation on 1 February 1996 and shall expire on 31 December 2000. AGRICULTURAL Bovine Diseases (Levies)(Amendment) Bill 1995 This Bill has been amended in the Select Committee on Enterprise and Economic Strategy. (Cf. (1996) 14 ILT 24.) European Communities (Registration of Holdings and Identification of Animals) Regulations 1996 (SI No. 1 of 1996) These Regulations implement Council Directive 92/102/EEC (of 27 November 1992) on the identification and registration of animals as far as goats, sheep and pigs are concerned. They establish a system of registration of holdings on which such animals are held, kept or handled and require the animals to be identified and accompanied by a document when they are moved to or from such holdings. The Regulations came into operation on 8 January 1996 with