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rrAZETTE
MARCH 1996
ILT DIGEST
OF LEGISLATION AND REPORTED CASES
Compiled by DAVID BOYLE
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
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.
COMPANY
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
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
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.
CONTRACT
Bridget
Tansey v College
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