The Gazette 1996

JULY 1996

GAZETTE

trial or scientific purposes or for work on varietal selections. The Regulations came into operation on 10 May 1996. SOCIAL WELFARE Pensions (Amendment) Bill 1995 This Bill has been amended in the Select Committee on Social Affairs. (Cf. (1996) 14 ILT 27.) Social Welfare (No. 2) Act 1995 (Section 10(3)) (Commecement) Order 1996 (SI No. 94 of 1996) This Order brings s. 10(3) of the Social Welfare (No. 2) Act 1995 into operation with effect from 5 April 1996. This section provides for regulatory powers for determining the circumstances in which a person is or is not to be regarded as wholly or mainly maintaining another person. Social Welfare (Consolidated Payments Provisions)(Amendment) Regulations 1996 (SI No. 95 of 1996) These Regulations set out three sets of circumstances in which a person will be regarded as wholly or mainly maintaining another person for the purposes of the Social Welfare Acts. The Regulations apply to claims made on or after 5 April 1996. Social Welfare (Consolidated Payments Provisions)(Amendment) (No. 2) Regulations 1996 (SI No. 96 of 1996) These Regulations provide for the exemption of the first £2,000 of income per year from the Rural Environment Scheme in the assessment of means for unemployment assist-ance, pre- retirement allowance and old-age (non- contributory) pension. Disabled Persons Maintenance Allowances Regulations 1996 (SI No. 165 of 1996) These Regulations consolidate the provisions governing the payment of disabled persons maintenance allowance under s. 69 of the Health Act 1970 and provide for increases in the rates of allowances payable as anounced in the 1996 budget. The Regulations came into operation on 5 June 1996. TAXATION Finance Act 1996 (No. 9 of 1996) This Act was signed by the President on 15 May 1996. (Cf. (1996) 14 ILT 1 31.) Capital Gains Tax (Multipliers) (1996- 97) Regulations 1996 (SI No. 149 of

The Bill aims, inter alia, to provide that* any work carried out on foot of such Orders will be exempted development for the purposes of the Local Government (Planning and Development) Act 1963. The Bill was passed by Dáil Éireann on 26 June 1996. Transport (Dublin Light Rail) Bill 1996 This Bill, as presented by the Minister for Transport, Energy and Communications, has the same aims as the Transport (Dublin Light Rail) Bill (No. 2) 1996 (infra) but was defeated on second stage. Road Traffic (Construction, Equip- ment and Use of Vehicles) (Amendment) (No. 4) Regulations 1996 (SI No. 139 of 1996) These Regulations allow for the use of certain vehicles or combinations of vehicles with a laden weight not exceeding 44,000 kilograms on international journeys to or from an intermodal rail terminal or a sea port in the State, subject to certain technical requirements in relation to the vehicles or combinations of vehicles. This Bill has been passed by both Houses of the Oireachtas. (Cf. (1995) 13 ILT 204.) Brian Spencer and Ors v. Robert Kinsella and Ors (Barron J) 12 March 1996 Trust deed - lands used as show grounds - not properly administered in accordance with the trust - removal of trustees sought - conflict of interest - appropriate that trustees should step down - matter adjourned to enable administration of trust to be put on a proper footing - Irish Land Act 1903, ss. 4, 20 - Land Act 1923, s. 69 - Land Act 1933, s. 33 Dublin Corporation v. The Ancient Guild of Incorporated Brick and Stone Layers and Allied Trades Union (Budd j) 6 March 1996 Unjust enrichment - constructive trust - CPO of part of the premises - consideration included sum for restoration of facade - restoration not carried out - no reason given - retention of sum unconscionable and unjust enrichment - Acquisition of Land (Assessment of Compensation) Act 1919, ss. 2, 6 - Local Governmant (Planning and Development) Act 1963, s. 69 - Housing Act 1966, s. 84 TRUST Powers of Attorney Bill 1995

multipliers to be used in calculating the capital gains tax payable on the disposal of an asset in the year of assessment 1996-97. ^Income Tax (Relevant Contracts) Regulations 1996 (SI No. 163 of 1996) These Regulations amend the Income Tax (Relevant Contracts) Regulations 1971 to 1993 to provide: for the deletion of regulation 9 of the 1971 Regulations, which deals with groups of sub-contractors consequent on the enactment of the Finance Act 1996; that before entering into a relevant contract, both principal contractors and sub- contractors must make a joint declaration to the effect that they are satisfied that the contract they are about to enter is not a contract of employment; and that sub-contractors' dates of birth and tax reference numbers must, in future, be included on documents used in the Relevant Contract Tax Deduction Scheme. The deletion of regulation 9 applies to relevant contracts entered into on or after 15 May 1996, while the other changes have effect from 6 July 1996. TELECOMMUNICATIONS European Communities (Mobile and Personal Communications) Regulations 1996 (SI No. 123 of 1996) These Regulations provide for the amendment of the exclusive privilege of Telecom Éireann in relation to the provision of certain telecommunications services as prescribed in the Postal and Telecommunications Services Act 1993 as amended by the European Communities (Telecommunications Services) Regulations 1992 to exclude the provision of mobile personal communications systems and services and to make provisions in relation to the licensing of such systems and services. TRANSPORT Merchant Shipping (Liability of Shipowners and Others) Bill 1996 This Bill has been passed by Seanad Éireann. (Cf. (1996) 14 ILT 80.) Transport (Dublin Light Rail) (No. 2) Bill 1996 This Bill, as initiated by the Minister for Transport, Energy and Communications, aims to empower the Minister for Transport, Energy and Communications to authorise by Order the construction, operation and maintenance by CIE of a light railway system serving the Greater Dublin area.

1996) These

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