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treated in full. It will thus be appreciated that the
learned author has had to study and arrange under
suitable headings the various laws of patents through-
out the world, and this has entailed considerable re-
search. Mr. Baxter's erudition is only equalled by his
expertise in putting this complicated matter together
in such a simple way.
Telling
(A. E.)—
Planning Law and Procedure.
Fourth
edition; 8vo; pp. xxviii plus 325; London, Butterworth,
1973; (Limp. £2.60).
The fact that four editions of this work have been
published in ten years demonstrates its usefulness and
popularity. From the beginning, Mr. Telling has
succeeded in simplifying as much as possible this com-
plicated subject. He first of all deals with the facts and
objects of planning law, and insists that henceforth no
development is to take place without planning per-
mission; in England the legislation has been recently
co-ordinated in an Act of 1971. The thorny question of
development plans is fully explored, and the definition
of "development" emphasised. The steps necessary to
apply for and obtain planning permission are described,
as well as the extent of revocation or modification of
planning permission. The enforcement of planning
control by enforcement notices; and the special forms
of control in relation to tree preservation, buildings of
special interest, out-door advertising, abandonment
vehicles, etc, are fully considered.
There is a most useful chapter on the conduct of a
planning enquiry. Finally the intricate problem of when
compensation will bé granted is fully mentioned. Al-
though the Irish Law on planning under the 1963 Act
differs in some respects from the English Law, practi-
tioners who wish to improve their knowledge in this
subject will find this book a most useful and thorough
guide.
RECENT LEGISLATION
(1) Road Traffic (Amendment) Act 1973
The purpose of the Act is to amend the Road
Traffic Act 1968 to take account of a judgement of the
Supreme Court in which Section 44(2)(a) of that Act
was declared unconstitutional.
The amendments provided for by Sections 2 to 6 are
clearly related. Sections 3 and 4 amend sections 30 and
33 of the 1968 Act so as to enable any member of the
Garda Siochana to require an arrested person to permit
the taking of a specimen of his blood or to provide a
specimen of his urine. At present the power to make
such a requisition is vested only in the member of the
Garda Siocana who is in charge of the Garda Station
at the time an arrested person is brought there. The
Amendments of Sections 27, 36, 43 of the 1968 Act
which are provided for by Sections 2, 5, 6, of this Act
respectively are consequential on the Amendments of
Section 30 and 33.
Section 7 amends section 44 of the 1968 Act as
follows : (a) In subsection (2)(a) which relates to the
evidential effects of a certificate from the Medical
Bureau of Road Safety as to a person's blood-alcohol
level, the words "be sufficient evidence until the con-
trary is shown" are being substituted for "be conclusive
evidence". It was the use of the word "conclusive" that
led the Supreme Court to declare the former subsection
(2) (a) to be invalid, (b) A new subsection (3) pro-
vides that it shall be presumed until the contrary is
shown, that the person who took the blood specimen
or for whom the urine specimen was provided is a
registered medical practitioner.
(2)
Ministers and Secretaries (Amendment) Act 1973
By Section 2, the Government may by order appoint
a day for the purpose of establishing the Department
of the Public Service provided for by this Act. Briefly
the "Public Service" is defined as the Civil Service and
State subsidised bodies. The Minister for Finance will
automatically also be Minister for the Public Service.
By Section 4, the Public Service Advisory Council to
perform the following functions assigned to it by
Section 5 :
(a) To advise the Minister on the Organisation of the
Public Service and on matters affecting personnel
in the Public Service,
(b) To advise the Minister on any special matter relat-
ing to the Public Service as he shall direct.
The schedule to the Act gives particulars relating to
the Public Service Advisory Council. The Council shall
consist of a chairman and seven members shall be
appointed by the Minister for a term not exceeding
four years. A member of the Council may resign his
office as a member by a letter addressed to the Minister
and may also be removed from office by the Minister.
Each member of the Council including the Chairman
shall have one vote. The quorum for a meeting of the
Council shall be four members. In the case of an equal
division of votes the Chairman shall have a second or
casting vote.
The Council shall regulate its own procedure and
business. Finally, the Council shall report annually to
the Minister on the organisation of the Public Service
and on personnel practices in the Public Service.
(3) European Communities (Amendment) Act 1973
Section 1 of this Act is enacted in substitution for
Section 4 of the European Communities Act 1972.
(i) Regulation, under this Act shall have Statutory
effect.
(ii) If the Joint Committee on the Secondary Legis-
lation of the European Communities recommends to
the Dail and to the Senate that any regulations under
this Act be annulled and a resolution annulling the
regulations is passed by both the Dail and Senate within
one year after the regulations are made, these regula-
tions shall be annulled accordingly and shall cease to
have statutory effect.
In the event of the Dail standing adjourned for more
than ten days if, during that adjournment at least one
third of deputies by notice in writing to the Ceann
Comhairle require the Dail to be summoned, the Cean
Comhairle shall summon Dail Eireann to meet within
21 days of the receipt of such notice. The same rule
shall apply to the Senate and the Chairman of the
Senate can summons the Senate to meet within 21 days
of- receiving a notice signed by at least one third of all
the Senators.
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