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GAZETTE
OCTOBER 1996
LOCAL GOVERNMENT
Local
Government
Act
1991
(Commencement) Order 1996 (SI No.
215 of 1996)
This Order brings Part V of the Local
Government Act 1991 (related to local
authority boundary alteration) into
operation with effect from 16
September 1996.
Local
Government
Act
1994
(Commencement) (No. 2) Order 1996
(SI No. 216 of 1996)
This
Order
provides
for
the
commencement of s. 24 of the local
Government Act 1994 and for the
repeal of various enactments with
effect from 16 September 1996.
Local
Government
(Boundary
Alteration) Regulations 1996 (SI No.
217 of 1996)
These Regulations deal with certain
procedural matters in relation to local
authority boundary alteration under
Part V of the Local Government Act
1991. The Regulations came into
operation on 16 September 1996.
MENTAL HEALTH
In the matter of an intended action;
James Bailey v. Patrick Gallagher
(Supreme Court) 23 May 1996
Doctor signing certificate for reception
and detention of plaintiff as involuntary
patient - necessity for leave from High
Court to issue proceedings against
doctor alleging negligence, false
imprisonment and defamation - powers
and duties of doctor under mental
health legislation - plaintiff removed
from home and detained in Garda
Station pursuant to certificate - doctor
directing release of plaintiff following
telephone call from solicitor - medical
examination on which certificate based
made outside statutory limit - whether
reception
and
detention
order
valid - whether detention by Garda'
lawful - duty on applicant to inform
person concerned of nature of
certificate and opportunity for second
exam-ination - Mental Treatment Act
1945 - Mental Treatment Act 1953, s.
5 - Mental Treatment Act 1961, s. 8
PLANNING AND DEVELOPMENT
Raymond Boland
v.
An Bord Pleanala
and Ors (Supreme Court) 21 March
1996
Administrative
law
-
judicial
review - appeal to planning board
against permission granted to Minister
of
the
Marine
for
extensive
development - permission granted
subject to conditions - certain details
relating to work to be agreed between
developer and local authority - order of
certiorari
sought - whether Board had
jurisdiction to leave such details to be
resolved - whether Board was
abdicating its statutory responsibility in
leaving such matters for agree-
ment - whether conditions imposed
related to issue central to devel-
opment - what criteria were relevant to
Board's
decision
to
impose
condition -
Local
Government
(Planning and Development) Act 1963,
ss. 25, 26, 82 - Local Government
(Planning and Development Act 1976,
s. 14 - Local Government (Planning
and Devel-opment) Act 1992, ss. 3,
19(3) - Rules of the Superior Courts
1986, O. 84
PRACTICE AND PROCEDURE
Courts Act 1996 (No. 26 of 1996)
This Act, which came into effect on its
signature by the President on 31 July
1996, increases the maximum number
of ordinary judges of the Circuit Court
from 24 to 27.
SOCIAL WELFARE
Pensions (Amendment) Act 1996 (No.
18 of 1996)
This Act was signed by the President on
2 July 1996. (Cf. (1996) 14 ILT 27.)
Social Welfare (Treatment Benefit)
(Amendment) Regulations 1996 (SI
No. 125 of 1996)
These regulations extend to recipients
of Carer's Allowance the exemption
from the requirement of having to have
13 paid contributions in the governing
contribution year in order to qualify for
Treatment Benefit. In addition, the
regulations also provide that where an
insured person dies and his or her
dependant spouse was entitled to
Treatment benefit at the date of death,
the spouse will retain the entitlement
for so long as he or she remains a
widower or widow.
Social Welfare Act 1996 (Sections 26
and 27) (Commencement) Order 1996
(SI No. 142 of 1996)
This Order brings ss. 26 and 27 of the
4
Social Welfare Act 1996 into operation
with effect from 1 7 May 1996.
Social
Welfare
(Consolidated
Payments Provisions) (Amendment)
(No. 3) Regulations 1996 (SI No. 143
of 1996)
These Regulations amend existing
regulatory provisions to bring them in
line with the provisions of ss. 26 and 27
of the Social Welfare Act 1996. They
also provide that in assessing means for
Blind Pension, the first £34.10 per
week of earnings from employment of a
rehabilitative
nature
will
be
disregarded.
Social Welfare (Rent Allowance)
(Amendment) Regulations 1996 (SI
No. 144 of 1996)
These Regulations provide for increases
in the amount of means disregarded for
people affected by the decontrol of
rents and the minimum rent for the
purposes of the rent allowance scheme.
The Regulations came into operation
on 13 June 1996.
Social Welfare (Employers' Pay -
Related Social Insurance Exemption
Scheme) Regulations 1996 (SI No. 145
of 1996)
These Regulations provide for an
ongoing Employers' PRSI Exemption
Scheme. Employers who, after 6 April
1996, take on additional employees
who constitute a net increase in their
workforce above that appying in the
previous three months are exempted
from having to pay the employer's
portion of the PRSI contribution in
respect of the employee for a period of
two years. Special criteria apply in
order for persons to qualify as
additional employees within the
meaning of the Regulations.
TAXATION
Finance Act 1995 (Section 134(1))
(Commencement) Order 1996 (SI No.
134 of 1996)
This Order brings s. 134(1) of the
Finance Act 1995 into operation with
effect from 1 September 1996.
TRANSPORT
Transport (Dublin Light Rail) Act 1996
(No. 24 of 1996)
This Act was signed by the President on
15 July 1996. (Cf. (1996) 14 ILT 178.)
IRISH LAW 1IMES, SEI'IEMBERIH'K,