The Gazette 1996

GAZEITE whi ch this credit limit can be changed must now he set out in the agreement. Section 3.1 of the 1995 Act is also amended to further clarify the intention that the section appl ies to overdrafts. Consumer Credit Act 1995 (Section 60) Regulations 1996 (SI No. 130 of 1996) These Regulations correct an error in terminology in s. 58 of the Consumer Credit Act 1995, replacing the word 'seller' with the word 'owner' in s.58 (1 )(b)(ii) and s. 58 (5)(al. Consumer Credit Act 1995 (Section 86) Regulations 1996 (SI No. 131 of 1996) These Regulations correct an error in terminologv in s. 84 of the Consumer Credit Act 1995 substituting 'buyer' for 'hirer' in s.84 (1 )(a)(ii) and 'seller' for 'owner' in s.84(1 )(b)(ii) and s.84(5)(a). Consumer Credit Act 1995 (Section 129) Regulations 1996 (SI No. 132 of 1996) These Regulations replace the form of notice set out in Part II of the Third Schedule to the Consumer Credit Act 1995 with an amended version. Casual Trading Act 1995 (Forms) Regulations 1996 (SI No. 146 of 1996) These Regulations prescribe the form of application for a casual trading licence in accordance \vith s. 4 of the Casual TrClding Act 1995. Simon Fraser and Anor v. Denis Buckle and Ors (Supreme Court) 5 March 1996 Champerty - heir locators agreement - proceedings in USA - dispute as to fees to be paid - quantum meruit basis - public policv argument - whether agreement champertous - whether such agreements are contrary to public policy - whether such agreements are enforceable in Ireland - whether public policy argument applies because agreement related to proceedings outside th(1 State Embourg limit£'d and Anor v. Tyler Group limited (Supreme Court) 5 March 1996 (ontr,lC t tor the <;',1 If' of land - 'Subject to (ont relet - pxch,mge of contracts - Iwgol i d I i (jill., Iwtwpen proposed vendor dnci iw'chd"pr - corres-pondence het\\ H'll j>cHI le~ headed 'Subject to ( ()nlrelc: - (()lllr,lCI "igIlPc! bv proposed pur< h,i,,('r .Inc! "(':11 10 proposed vendor 1)"'~ " ll.,t'rl \f'iHlol signing but not COMPETITION Competition (Amendment) Act 1996. This Act was signed by the President on 281une 1996. (Ci. (1996) 141LT 77.) CONTRACT

disabled people in the electoral process"" by: requiring the location, wherE possble, of polling stations in buildings which are accessible to wheelchair users; replacing the current special voter system with an extension of postal voting to people who through physical illness or disability may be unable to vote at a polling station; and requiring the provision of specific facilities to aid voters with visual impairments to vote without assistance. (Employment) Bill 1996 This Bill has been passed by Dail Eireann. (Cf. (1996) 14 IL T 78.) and Consultation of Employees Bill 1996 This Bill aims to transpose Council Directive 94/95/EC (of 22 September 1994) into Irish law by providing for the establishment of transnational arrangements for the information and consultation of employees in Community-scale undertakings and Community-scale groups of under– takings that is, the formation of Consultative Works Councils. Transnational Information Waste Management Act 1996 (No. 10 of 1996) This Act was signed by the President on 20 May 1996. (Cf. (1995) 13 IL T 178.) Environmental Protection Agency (Extension of Powers) Order 1996 (SI No. 126 of 1996) This Order applies specified sections of the Local Government (Water Pollution) Acts 1977 and 1990 and of the Air Pollution Act 1987 to the EPA and transfers certain functions in respect of those sections from local authorities to the EPA. Certain extra powers are extended to the EPA. The Order came into operation on 27 May 1996. Marriages Bill 1996 This private member's Bill, as introduced by Mr Alan Shatter, TO, aims to deal with the transitional period surrounding the implemntation of the provisions of the Family Law Act 1995 concerning the period of three months notice to the Registrar of Marriages prior to the date of an intended mclrriage (d. (199S) 13 ILT 91). The provisions contained in this Bill intend to ensure that couples can validly give FAMILY EMPLOYMENT Protection of Young Persons ENVIRONMENTAL

returning contract - proposed vendor refusing to proceed with sale - action for specific performance - whether enforcable contract - whether intention ..of parties that contract be concluded by exchange of contracts

CRIMINAL

Criminal Justice (Mental Disorder) Bill 1996 This private member's Bill, as introduced by Mr John O'Donoghue, TO, aims to provide a statutory basis for· the defence of insanity in criminal trials. It also aims to provide for the recognition of the defence of dimini~hed responsibility in murder cases and to establish regulations for the detention and, where appropriate, the release, on conditions or other-wise of persons found not guilty by reason of mental disorder. It further aims to establish a statutory basis for finding accused persons unfit to plead and to make consequential amend-ments in the law. European Communities (Customs Declarations) Regulations 1996 (SI No. 114 of 1996) The purpose of these Regulations is to implement the provisions regarding the completion of customs declaration formalities by a data processing technique contained in Title IV of Council Regulation (EEC)2913/92 and in articles 4a, 4b, 222 and 223 of Commission Regulation (EEC) 2454/93 as amended by Commission Regulation (EEC)3665/93). The Regulations came into operation on 1 May 1996. McShane Wholesale Fruit and Vegetables Limited v. Johnston Haulage Company Limited and Anor (Flood J) 19 January 1996 Economic loss - plaintiff suffering loss and damage due to power failure at business premises - power failure due to fire on defendant's adjoining premises - plaintiff claiming damages - trial of preliminary issue - whether damages recoverable in negligence for economic loss CUSTOMS DAMAGES

ELECTIONS

Electoral (Amendment) Bill 1996 This private member's Bill, as introduced by Ms Mary Wallace, TO, (lims to aid greater pMticipcltion of 2