398 / 424
APRIL 199;
1972. The Regulations came into force
on 8 December 1994
COMPANY
In re Holidair Ltd:
Supreme Court
(Finlay CJ, O'Flaherty, Egan, Blayney
and Denham JJ) [1994] 1 ILRM 481.
Examinership-Borrowing powers of
e x am i n e r - D e b e n t u r e - F l o a t i ng
charge-Charge over book debts de-
scribed as a fixed charge-Obliga-
tions to pay proceeds into account to
be designated by trustee under de-
benture-Failure to designate account
and companies permitted to use pro-
ceeds of book debts i n ord i nary cou rse
of business-Receiver appointed in
respect of companies-Subsequent ap-
pointment of examiner-Letters desig-
nating account into which proceeds
of book debt should be paid sent to
companies. Whether action taken to
realise security-Crystallisation of
floating charge on appointment of
examiner-Companies (Amendment)
Act 1990, ss. 5(2)(d), 7(5), 9(1), 9(4),
29(2), 29(3).
ENVIRONMENT
Air Pollution Act 1987 (Marketing,
Sale and Distribution of Fuels) (Cork)
Regulations 1994 (SI No. 403 of1994)
These Regulations bring into effect a
prohibition on the marketing, sale
and distribution of bituminous coals
within the restricted area of Cork and
set certain standards for allowable
fuels within that area. The prohibi-
tion does not apply to certain opera-
tions involving the storage of prohib-
ited fuels within the area and their
transport or del i very through the area.
The Regulations also make provision
for thei r enforcement by Cork Corpo-
ration and Cork County Council
within their respective functional ar-
eas and provide controls in that re-
gard (keeping and examination of
records etc.). The Regulations also
revoke the Air Pollution Act 1987
(Marketing, Sale and Distribution of
Fuels) (Cork) Regulations 1993 (SI
No. 294 of 1993) which prohibited
the sale of slack and required retailers
to have a supply of smokeless or low-
smoke fuel for sale in the designated
area of Cork. The Regulations came
into effect on 13 February 1995.
—s
HEALTH AND SAFETY
European Communities (Machinery)
Regulations 1994 (SI No. 406 of
1994)
These Regulations implement Coun-
cil Directive 89/392/EEC, as amended
by Council Directive 91/368/EEC, on
the approximation of the laws of the
Member States relating to machinery
to provide additional essential health
and safety requirements to cover the
risks being run by persons being lifted.
They also deal with safety compo-
nents (Council Directive 93/68/EEC)
by harmonizing the provisions con-
cerning the affixing and use oftheCE
marking (cf (1994) 12 ILT 296). The
aim is to remove barriers to intra
Community trade in the area of ma-
chinery and safety components. The
Regulations apply to machinery and
safety components which are first
placed on the market or put into
service in the Community on or after
1 January 1995. They replace the
European Communities (Machinery)
Regulations 1992 (SI No. 246 of
1992), which are revoked. They also
revoke the European Communities
(Wine-Ropes, Chains and Hooks)
Regulations 1979 with effect from 1
January 1995. The European Com-
munities (Roll Over and Falling Ob-
ject Protective Structures for Con-
struction Plant) Regulations 1990 (SI
No. 202 of 1990) and the European
Communities (Self-Propelled Indus-
trial Trucks) Regulations 1991 (SI No.
12 of 1991) are both revoked with
effect from 1 January 1996.
Safety, Health and Welfare at Work
(Chemical Agents) Regulations 1994
(SI No. 445 of 1994)
These Regulations implement Coun-
cil Directive 88/642/EEC and Com-
mission Directive 91/322/EEC on the
protection of workers from the risks
related to chemical agents at work.
The Regulations define a chemical
agent and outline the duties of em-
ployers in relation to the prevention
and limitation of exposure of em-
ployees to chemical agents in the
workplace. There are also require-
ments in relation to information, train-
ing and consultation of employees.
The Regulations came into effect on
25 January 1995. Current occupa-
2
tional exposure limits in respect of
about 600 chemical agents which
come within the scope of these Regu-
lations are set out in a Code of Prac-
tice issued by the Health and Safety
Authority. The Regulations and Code
of Practice were made under the
Safety, Health and Welfare at Work
Act 1989.
Safety, Health and Welfare at Work
(Pregnant Employees Etc.) Regula-
tions 1994 (SI No. 446 of 1994)
These Regulations implement the oc-
cupational safety and health provi-
sions of Council Directive 92/85/EEC
of 19 October 1992 on the introduc-
tion of measures to encourage im-
provements in the safety and health
at work of pregnant workers and work-
ers who have recently given birth or
are breastfeeding. The Regulations
came into effect on 30 December
1994 and were made under the Safety,
Health andWelfare atWork Act 1989.
On the implementation of the other
elements of the 1992 Directive, see
the Maternity Protection Act 1994:
(1995) 13 ILT 15.
PRACTICE AND
PROCEDURE
Bula Ltd & Ors. v Crowley & Ors.:
Supreme Court (Finlay Cj, Egan and
Denham JJ) [1994] 1 ILRM 495.
Discovery-Legal professional privi-
lege-Exemption from privilege-Re-
strictions on exemptions from privi-
lege.
REVENUE
Disabled Drivers and Disabled Pas-
sengers (Tax Concessions) Regula-
tions 1994 (SI No. 353 of 1994)
These Regulations set out the medi-
cal criteria, certification procedures,
repayment limits, forms and other
matters necessary for the purposes of
giving effect to s.92 of the Finance
Act 1989 which provides for tax con-
cessions for disabled drivers and disa-
bled passengers. The Regulations
came into effect on 1 December 1994.