435 / 448
GAZETTE
JULY 1996
trial or scientific purposes or for work
on varietal selections. The Regulations
came into operation on 10 May 1996.
SOCIAL WELFARE
Pensions (Amendment) Bill 1995
This Bill has been amended in the
Select Committee on Social Affairs. (Cf.
(1996) 14 ILT 27.)
Social Welfare (No. 2) Act 1995
(Section 10(3)) (Commecement) Order
1996 (SI No. 94 of 1996)
This Order brings s. 10(3) of the Social
Welfare (No. 2) Act 1995 into operation
with effect from 5 April 1996. This
section provides for regulatory powers
for determining the circumstances in
which a person is or is not to be
regarded as wholly or mainly
maintaining another person.
Social Welfare (Consolidated Payments
Provisions)(Amendment) Regulations
1996 (SI No. 95 of 1996)
These Regulations set out three sets of
circumstances in which a person will
be regarded as wholly or mainly
maintaining another person for the
purposes of the Social Welfare Acts.
The Regulations apply to claims made
on or after 5 April 1996.
Social Welfare (Consolidated Payments
Provisions)(Amendment)
(No. 2)
Regulations 1996 (SI No. 96 of 1996)
These Regulations provide for the
exemption of the first £2,000 of income
per year from the Rural Environment
Scheme in the assessment of means for
unemployment
assist-ance,
pre-
retirement allowance and old-age (non-
contributory) pension.
Disabled
Persons
Maintenance
Allowances Regulations 1996 (SI No.
165 of 1996)
These Regulations consolidate the
provisions governing the payment of
disabled
persons
maintenance
allowance under s. 69 of the Health Act
1970 and provide for increases in the
rates of allowances payable as
anounced in the 1996 budget. The
Regulations came into operation on 5
June 1996.
TAXATION
Finance Act 1996 (No. 9 of 1996)
This Act was signed by the President on
15 May 1996. (Cf. (1996) 14 ILT 1 31.)
Capital Gains Tax (Multipliers) (1996-
97) Regulations 1996 (SI No. 149 of
1996)
These
Regulations
specify
the
multipliers to be used in calculating the
capital gains tax payable on the
disposal of an asset in the year of
assessment 1996-97.
^Income Tax (Relevant Contracts)
Regulations 1996 (SI No. 163 of 1996)
These Regulations amend the Income
Tax (Relevant Contracts) Regulations
1971 to 1993 to provide: for the
deletion of regulation 9 of the 1971
Regulations, which deals with groups of
sub-contractors consequent on the
enactment of the Finance Act 1996; that
before entering into a relevant contract,
both principal contractors and sub-
contractors must make a joint
declaration to the effect that they are
satisfied that the contract they are about
to enter is not a contract of
employment; and that sub-contractors'
dates of birth and tax reference
numbers must, in future, be included on
documents used in the Relevant
Contract Tax Deduction Scheme. The
deletion of regulation 9 applies to
relevant contracts entered into on or
after 15 May 1996, while the other
changes have effect from 6 July 1996.
TELECOMMUNICATIONS
European Communities (Mobile and
Personal Communications) Regulations
1996 (SI No. 123 of 1996)
These Regulations provide for the
amendment of the exclusive privilege of
Telecom Éireann in relation to the
provision of certain telecommunications
services as prescribed in the Postal and
Telecommunications Services Act 1993
as amended by the European
Communities
(Telecommunications
Services) Regulations 1992 to exclude
the provision of mobile personal
communications systems and services
and to make provisions in relation to
the licensing of such systems and
services.
TRANSPORT
Merchant Shipping (Liability of
Shipowners and Others) Bill 1996
This Bill has been passed by Seanad
Éireann. (Cf. (1996) 14 ILT 80.)
Transport (Dublin Light Rail) (No. 2)
Bill 1996
This Bill, as initiated by the Minister for
Transport,
Energy
and
Communications, aims to empower the
Minister for Transport, Energy and
Communications to authorise by Order
the construction, operation and
maintenance by CIE of a light railway
system serving the Greater Dublin area.
The Bill aims,
inter alia,
to provide that*
any work carried out on foot of such
Orders will be exempted development
for the purposes of the Local
Government
(Planning
and
Development) Act 1963. The Bill was
passed by Dáil Éireann on 26 June
1996.
Transport (Dublin Light Rail) Bill 1996
This Bill, as presented by the Minister
for
Transport,
Energy
and
Communications, has the same aims as
the Transport (Dublin Light Rail) Bill
(No. 2) 1996
(infra)
but was defeated on
second stage.
Road Traffic (Construction, Equip-
ment
and
Use
of
Vehicles)
(Amendment) (No. 4) Regulations 1996
(SI No. 139 of 1996)
These Regulations allow for the use of
certain vehicles or combinations of
vehicles with a laden weight not
exceeding 44,000 kilograms on
international journeys to or from an
intermodal rail terminal or a sea port in
the State, subject to certain technical
requirements in relation to the vehicles
or combinations of vehicles.
TRUST
Powers of Attorney Bill 1995
This Bill has been passed by both
Houses of the Oireachtas. (Cf. (1995)
13 ILT 204.)
Brian Spencer and Ors v. Robert
Kinsella and Ors (Barron J) 12 March
1996
Trust deed - lands used as show
grounds - not properly administered in
accordance with the trust - removal of
trustees sought - conflict of interest -
appropriate that trustees should step
down - matter adjourned to enable
administration of trust to be put on a
proper footing - Irish Land Act 1903, ss.
4, 20 - Land Act 1923, s. 69 - Land Act
1933, s. 33
Dublin Corporation v. The Ancient
Guild of Incorporated Brick and Stone
Layers and Allied Trades Union (Budd
j) 6 March 1996
Unjust enrichment - constructive trust -
CPO of part of the premises -
consideration
included sum for
restoration of facade - restoration not
carried out - no reason given -
retention of sum unconscionable and
unjust enrichment - Acquisition of Land
(Assessment of Compensation) Act
1919, ss. 2, 6 - Local Governmant
(Planning and Development) Act 1963,
s. 69 - Housing Act 1966, s. 84
4