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UAZJ1I I t
APRIL/MAY 1996
ILT DIGEST
OF LEGISLATION AND SUPERIOR COURT DECISIONS
Compiled by DAVID BOYLE
ADMINISTRATIVE
Commissioners of Public Works
(Functions and Powers) Bill 1995
This Bill has been passed by both
Houses of the Oireachtas. (Cf. (1996)
14 ILT 24.)
Johnstown
Castle
Agriculture
(Amendment) Act 1996
The Johnstown Castle Agricultural
College (Amendment)-Bill 1996 has
been passed by both Houses of the
Oireachtas and signed into law by the
President. (Cf. (1996) 14 ILT 77).
Ethics in Public Office (Designated
Positions
in
Public
Bodies)
Regulations 1996 (SI No. 57 of 1996)
These Regulations prescribe the
positions for the purposes of the
definition of 'designated positions' in
s. 2 of the Ethics in Public Office Act
1995.
ADOPTION
Adoption Bill 1996
This
private member's Bill, as
introduced by Dr Michael J. Woods,
TD, aims to make provision for the
legal validity (and entry in the Register
of Foreign Adoptions) of adoptions of
children made in the People's
Republic of China.
AGRICULTURE
European Communities (Pesticide
Residues)(Foodstuffs
of
Animal
Origin)(Amendment)
Regulations
1996 (SI No. 35 of 1996)
These Regulations amend the existing
Regulations by extending the list of
pesticides
for
which
residue
maximum levels have been set.
European Communities (Pesticide
Residues)(Cereals)(Amendment)
Regulations 1996 (SI No. 47 of 1996)
These Regulations amend the existing
Regulations by extending the list of
pesticides
for
which
residue
maximum levels have been set.
ARBITRATION
Tobin and Twomey Services Ltd v.
Kerry Foods Ltd and Or High Court
(Carroll J) 6 October 1995
Contract for electrical services -
Additional works carried out -
Dispute as to totality of works and
amount due - Arbitrator excluded
some works from reference - Plaintiff
issued proceedings seeking to revoke
arbitrator's authority or alternatively
to refer interim award back - Whether
defendant was insolvent at time of
contract and arbitration hearing -
Whether this constituted fraud so as to
revoke
arbitrator's
authority
Whether there was error on face of
interim award - Whether arbitrator
had been guilty of technical
misconduct - Whether order for
discovery of assets should be granted
- Whether Mareva injunction should
issue - Companies Act 1986, s. 17 -
Arbitration Act 1954, ss. 36, 39
COMMERCIAL
European Communities (Insurance
Undertakings: Accounts) Regulations
1996 (SI No. 23 of 1996)
These Regulations give effect to
Council Directive 91/647/EEC (of 23
December 1991) on the annual
accounts and consolidated accounts
of insurance undertakings.
This
Directive provides for the application
of the fourth and seventh company
law
directives
to
insurance
companies, taking account of specific
features of the accounts of insurance
companies.
These Regulations
require insurance undertakings to
prepare
and
publish
annually
accounts (balance sheet, profit and
loss and notes) in accordance with the
provisions therein. They also require
(with provision for exceptions)
insurance undertakings which have
subsidiary undertakings or non-
insurance holding companies, the
most important of whose subsidiaries
are insurance undertakings, to prepare
and to publish group accounts in
accordance with the provisions of
these Regulations. The Regulations
contain provisions governing: the
preparation of accounts, including
group accounts; the content of those
accounts; their format; and, the
valuation of items to be included.
They further specify information to be
included in the notes to the accounts.
Investment Intermediaries Act 1995
(Commencement) (No. 2) Order
1996 (SI No. 28 of 1996)
1
This Order brought s. 51 of the
Investment Intermediaries Act 1995
into operation on 11 March 1996
(other than in respect of certain
investment business firms and product
intermediaries specified in article 4 of
the Order). The Order also brought
the Act into operation in respect of
member firms of the Irish Stock
Exchange Ltd with effect from 1 April
1996.
Investment Intermediaries Act 1995
(Bonding
of
Intermediaries)
Regulations 1996 (SI No. 29 of 1996)
These Regulations specify the form of
bond to be used by authorised
investment business firms (other than
by certain investment business firms
and product intermediaries specified
in article 4 of the Investment
Intermediaries Act 1995 (Commence-
ment) (No. 2) Order 1996 (as to which
see above)) pursuant to s. 51 of the
Investment Intermediaries Act 1995.
The Regulations came into operation
on 11 March 1996.
COMPANY
In the Matter of Hibernian Transport
Companies Ltd (Costello P) 4 July
1995
Winding up - Official liquidator -
Passing of Accounts - Fees to be
charged - Monies received in
realisation of companies' assets -
Proceeds from sale of companies'
assets deposited by liquidator and
interest earned -
Proceeds of
realisation used to buy and sell
exchequer
bills
and
similar
instruments - Capital accretions -
Calculation of fees - Whether interest
received or sums received by way of
capital accretion were monies
received 'in realisation of the assets of
the company' - Whether fees were
payable on such receipt - Rate at
which duty payable - Rules of the
Superior Courts, O. 74, r. 48
CONSTITUTIONAL
Patricia McKenna v. An Taoiseach,
An Tanaiste and Ors Supreme Court
(Hamilton CJ, O'Flaherty, Egan,
Blayney and Denham JJ) [1996] 1
ILRM 81
Referendum - Proposal to amend