433 / 448
GAZEITE
whi ch this credit limit can be changed
must now he set out in the agreement.
Section
3.1
of
the 1995 Act is also
amended to further clarify the intention
that the section appl ies to overdrafts.
Consumer Credit Act 1995 (Section 60)
Regulations 1996 (SI No. 130 of 1996)
These Regulations correct an error in
terminology in s. 58 of the Consumer
Credit Act 1995, replacing the word
'seller' with the word 'owner' in s.58
(1 )(b)(ii) and s. 58 (5)(al.
Consumer Credit Act 1995 (Section 86)
Regulations 1996 (SI No. 131 of 1996)
These Regulations correct an error in
terminologv in s. 84 of the Consumer
Credit Act 1995 substituting 'buyer' for
'hirer' in s.84 (1 )(a)(ii) and 'seller' for
'owner' in s.84(1 )(b)(ii) and s.84(5)(a).
Consumer Credit Act 1995 (Section
129) Regulations 1996 (SI No. 132 of
1996) These Regulations replace the
form of notice set out in Part
II
of the
Third Schedule to the Consumer Credit
Act 1995 with an amended version.
Casual Trading Act 1995 (Forms)
Regulations 1996 (SI No. 146 of 1996)
These Regulations prescribe the form of
application for a casual trading licence
in accordance \vith s. 4 of the Casual
TrClding Act 1995.
COMPETITION
Competition (Amendment) Act 1996.
This Act was signed by the President on
281une 1996.
(Ci.
(1996) 141LT 77.)
CONTRACT
Simon Fraser and Anor v. Denis Buckle
and Ors (Supreme Court) 5 March
1996
Champerty - heir locators agreement -
proceedings in USA - dispute as to fees
to be paid -
quantum meruit
basis -
public policv argument -
whether
agreement champertous - whether such
agreements are contrary to public
policy - whether such agreements are
enforceable in Ireland - whether public
policy argument applies because
agreement related to proceedings
outside th(1 State
Embourg limit£'d and Anor v. Tyler
Group limited (Supreme Court) 5
March 1996
(ontr,lC t tor the
<;',1
If'
of land - 'Subject
to (ont relet - pxch,mge of contracts -
Iwgol i
d
I
i
(jill.,
Iwtwpen proposed vendor
dnci
iw'chd"pr - corres-pondence
het\\ H'll j>cHI
le~
headed 'Subject to
( ()nlrelc: - (()lllr,lCI "igIlPc! bv proposed
pur<
h,i,,('r .Inc!
"(':11 10
proposed vendor
1)"'~ "
ll.,t'rl
\f'iHlol
signing but not
returning contract - proposed vendor
refusing to proceed with sale - action
for specific performance - whether
enforcable contract - whether intention
..of parties that contract be concluded by
exchange of contracts
CRIMINAL
Criminal Justice (Mental Disorder) Bill
1996
This private member's Bill, as
introduced by Mr John O'Donoghue,
TO, aims to provide a statutory basis for·
the defence of insanity in criminal trials.
It also aims to provide for the
recognition of the defence of
dimini~hed
responsibility in murder
cases and to establish regulations for
the detention and, where appropriate,
the release, on conditions or other-wise
of persons found not guilty by reason of
mental disorder. It further aims to
establish a statutory basis for finding
accused persons unfit to plead and to
make consequential amend-ments in
the law.
CUSTOMS
European Communities (Customs
Declarations) Regulations 1996 (SI No.
114 of 1996)
The purpose of these Regulations is to
implement the provisions regarding the
completion of customs declaration
formalities by a data processing
technique contained in Title IV of
Council Regulation (EEC)2913/92 and
in articles 4a, 4b, 222 and 223 of
Commission Regulation (EEC) 2454/93
as amended by Commission Regulation
(EEC)3665/93). The Regulations came
into operation on 1 May 1996.
DAMAGES
McShane Wholesale Fruit and
Vegetables Limited v. Johnston
Haulage Company Limited and Anor
(Flood
J)
19 January 1996
Economic loss - plaintiff suffering loss
and damage due to power failure at
business premises - power failure due
to fire on defendant's adjoining
premises - plaintiff claiming damages -
trial of preliminary issue - whether
damages recoverable in negligence for
economic loss
ELECTIONS
Electoral (Amendment) Bill 1996
This private member's Bill, as
introduced by Ms Mary Wallace, TO,
(lims to aid greater pMticipcltion of
2
disabled people in the electoral process""
by: requiring the location, wherE
possble, of polling stations in buildings
which are accessible to wheelchair
users; replacing the current special
voter system with an extension of postal
voting to people who through physical
illness or disability may be unable to
vote at a polling station; and requiring
the provision of specific facilities to aid
voters with visual impairments to vote
without assistance.
EMPLOYMENT
Protection
of Young
Persons
(Employment) Bill 1996
This Bill has been passed by Dail
Eireann. (Cf. (1996) 14 IL
T
78.)
Transnational
Information
and
Consultation of Employees Bill 1996
This Bill aims to transpose Council
Directive 94/95/EC (of 22 September
1994) into Irish law by providing for the
establishment
of
transnational
arrangements for the information and
consultation
of employees
in
Community-scale undertakings and
Community-scale groups of under–
takings that is, the formation of
Consultative Works Councils.
ENVIRONMENTAL
Waste Management Act 1996 (No. 10
of 1996)
This Act was signed by the President on
20
May 1996. (Cf. (1995) 13 IL
T
178.)
Environmental Protection Agency
(Extension of Powers) Order 1996 (SI
No. 126 of 1996)
This Order applies specified sections of
the
Local
Government (Water
Pollution) Acts 1977 and 1990 and of
the Air Pollution Act 1987 to the EPA
and transfers certain functions in
respect of those sections from local
authorities to the EPA. Certain extra
powers are extended to the EPA. The
Order came into operation on 27 May
1996.
FAMILY
Marriages Bill 1996
This private member's Bill, as
introduced by Mr Alan Shatter, TO,
aims to deal with the transitional period
surrounding the implemntation of the
provisions of the Family Law Act 1995
concerning the period of three months
notice to the Registrar of Marriages
prior to the date of an intended
mclrriage
(d.
(199S)
13
ILT
91).
The
provisions contained in this Bill intend
to ensure that couples can validly give