The Gazette 1996

GAZETTE

OCTOBER 1996

Administrative judicial review - appeal to planning board against permission granted to Minister of the Marine for extensive development - permission granted subject to conditions - certain details relating to work to be agreed between developer and local authority - order of certiorari sought - whether Board had jurisdiction to leave such details to be resolved - whether Board was abdicating its statutory responsibility in leaving such matters for agree- ment - whether conditions imposed related to issue central to devel- opment - what criteria were relevant to Board's decision to impose condition - Local Government (Planning and Development) Act 1963, ss. 25, 26, 82 - Local Government (Planning and Development Act 1976, s. 14 - Local Government (Planning and Devel-opment) Act 1992, ss. 3, 19(3) - Rules of the Superior Courts 1986, O. 84 PRACTICE AND PROCEDURE Courts Act 1996 (No. 26 of 1996) This Act, which came into effect on its signature by the President on 31 July 1996, increases the maximum number of ordinary judges of the Circuit Court from 24 to 27. law - Pensions (Amendment) Act 1996 (No. 18 of 1996) This Act was signed by the President on 2 July 1996. (Cf. (1996) 14 ILT 27.) Social Welfare (Treatment Benefit) (Amendment) Regulations 1996 (SI No. 125 of 1996) These regulations extend to recipients of Carer's Allowance the exemption from the requirement of having to have 13 paid contributions in the governing contribution year in order to qualify for Treatment Benefit. In addition, the regulations also provide that where an insured person dies and his or her dependant spouse was entitled to Treatment benefit at the date of death, the spouse will retain the entitlement for so long as he or she remains a widower or widow. Social Welfare Act 1996 (Sections 26 and 27) (Commencement) Order 1996 (SI No. 142 of 1996) This Order brings ss. 26 and 27 of the 4 SOCIAL WELFARE

Social Welfare Act 1996 into operation with effect from 1 7 May 1996.

LOCAL GOVERNMENT

Local 1991 (Commencement) Order 1996 (SI No. 215 of 1996) This Order brings Part V of the Local Government Act 1991 (related to local authority boundary alteration) into operation with effect from 16 September 1996. 1994 (Commencement) (No. 2) Order 1996 (SI No. 216 of 1996) This Order provides for the commencement of s. 24 of the local Government Act 1994 and for the repeal of various enactments with effect from 16 September 1996. (Boundary Alteration) Regulations 1996 (SI No. 217 of 1996) These Regulations deal with certain procedural matters in relation to local authority boundary alteration under Part V of the Local Government Act 1991. The Regulations came into operation on 16 September 1996. Doctor signing certificate for reception and detention of plaintiff as involuntary patient - necessity for leave from High Court to issue proceedings against doctor alleging negligence, false imprisonment and defamation - powers and duties of doctor under mental health legislation - plaintiff removed from home and detained in Garda Station pursuant to certificate - doctor directing release of plaintiff following telephone call from solicitor - medical examination on which certificate based made outside statutory limit - whether reception and detention order valid - whether detention by Garda' lawful - duty on applicant to inform person concerned of nature of certificate and opportunity for second exam-ination - Mental Treatment Act 1945 - Mental Treatment Act 1953, s. 5 - Mental Treatment Act 1961, s. 8 Government Act Local Government Act Local Government MENTAL HEALTH In the matter of an intended action; James Bailey v. Patrick Gallagher (Supreme Court) 23 May 1996

Social (Consolidated Payments Provisions) (Amendment) (No. 3) Regulations 1996 (SI No. 143 of 1996) These Regulations amend existing regulatory provisions to bring them in line with the provisions of ss. 26 and 27 of the Social Welfare Act 1996. They also provide that in assessing means for Blind Pension, the first £34.10 per week of earnings from employment of a rehabilitative nature will be disregarded. Social Welfare (Rent Allowance) (Amendment) Regulations 1996 (SI No. 144 of 1996) These Regulations provide for increases in the amount of means disregarded for people affected by the decontrol of rents and the minimum rent for the purposes of the rent allowance scheme. The Regulations came into operation on 13 June 1996. Social Welfare (Employers' Pay - Related Social Insurance Exemption Scheme) Regulations 1996 (SI No. 145 of 1996) These Regulations provide for an ongoing Employers' PRSI Exemption Scheme. Employers who, after 6 April 1996, take on additional employees who constitute a net increase in their workforce above that appying in the previous three months are exempted from having to pay the employer's portion of the PRSI contribution in respect of the employee for a period of two years. Special criteria apply in order for persons to qualify as additional employees within the meaning of the Regulations. Welfare

TAXATION

Finance Act 1995 (Section 134(1)) (Commencement) Order 1996 (SI No. 134 of 1996) This Order brings s. 134(1) of the Finance Act 1995 into operation with effect from 1 September 1996.

TRANSPORT

PLANNING AND DEVELOPMENT

Transport (Dublin Light Rail) Act 1996 (No. 24 of 1996) This Act was signed by the President on 15 July 1996. (Cf. (1996) 14 ILT 178.)

Raymond Boland v. An Bord Pleanala and Ors (Supreme Court) 21 March 1996

IRISH LAW 1IMES, SEI'IEMBERIH'K,