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any Act or by contract, be taken as referring to the
total damages which would have been recoverable
apart from the reduction or limitation.
(4) Tn an action for damages for personal injuries
(including any such action arising out of a contract),
there shall be disregarded, in determining
the
reasonableness of any expenses, the possibility of
avoiding these expenses or part of them by taking
advantage of facilities available under the National
Health Service Act, 1946, or the National Health
Service (Scotland) Act, 1947, or of any corresponding
facilities in Northern Ireland.
(5) In assessing damages in respect of a person's
death in any action under the Fatal Accidents Act,
1846, as amended by any subsequent enactment, or
under the Carriage by Air Act, 1932, there shall not
be taken into account any right to benefit resulting
from that person's death.
(6) For the purposes of this section—
(a)
the expression " benefit" means benefit
under the National Insurance Acts,
1946, or any corresponding Act of the
Parliament of Northern Ireland.
(V)
expressions used in the National Insurance
Acts, 1946,
for any description of
benefit under these Acts have the same
meanings as in these Acts, except that
they include also the like benefit, if any,
under any corresponding Act of the
Parliament of Northern Ireland.
(c)
an industrial disablement gratuity shall
be treated as benefit for the period taken
into account by the assessment of the
extent of the disablement in respect of
which it is payable.
4.
Decisions and Appeals.
Decisions on applications for benefit will be made
by deciding officers appointed by the Minister under
section 41 of the Social Welfare Act, 1952. An appeal
will lie to Appeals Officers appointed by the Minister
from his officials.
(Section 43 Social Welfare Act,
1952). Where a question is referred to an Appeals
Officer the Minister may refer the question for a
decision of the High Court and if a question is
decided by the Appeals Officer any person who is
dissatisfied with his decision may appeal therefrom
to the High Court on any question of law but this
provision for appeal does not apply to a question
arising
(a)
in relation to a claim for benefit,
(b)
as to
whether a person is disqualified for benefit, or,
(f)
as to the period of any disqualification for benefit
(section 45 Social Welfare Act, 1952).
12th November, 1965.
Solicitor's Buildings, Four Courts, Dublin 7.
SOLICITORS ACT, 1954 (APPRENTICE
SHIP AND EDUCATION) (AMENDMENT)
REGULATIONS, 1965
(S.I. No. 201 of 1965)
The Incorporated Law Society of Ireland in
exercise of the powers conferred on them by sections
4, 5 and 40 of the Solicitors Act, 1954, and of every
other power thereunto them enabling hereby make
the following Regulations.
1. These Regulations may be cited as the Solicitors
Act, 1954 (Apprenticeship and Education) (Amend
ment) Regulations, 1965, and shall be read together
with the Solicitors Act, 1954 (Apprenticeship and
Education) Regulations, 1955 (S.I. No. 217 of 1955)
(hereinafter referred to as "the Principal Regula
tions") and the Solicitors Act, 1954 (Apprenticeship
and Education) (Amendment) Regulations, 1956
(S.I. No. 307 of 1956) which may be cited together
with these Regulations as the Solicitors Act, 1954
(Apprenticeship and Education) Regulations 1955
to 1965.
2. These Regulations shall come into operation on
the 23rd day of September, 1965.
3. The Interpretation Act, 1937, shall apply for
the purpose of the interpretation of these Regulations
as it applies for the purpose of the interpretation of
an Act of the Oireachtas except in so far as it may
be inconsistent with the Act or with these Regula
tions.
4. The following sub-paragraph shall be sub
stituted for sub-paragraph (2) of paragraph 16 of
the Principal Regulations:
(2) The subjects for the first law examination
shall be the law of real property, the law of
personal property (restricted to bailments and
liens, the rights, duties and liabilities of common
carriers, innkeepers and hotel proprietors, the
Sale of Goods Acts, gifts, mortgages and
pledges of goods and bills of sale), the law of
contract and the law of tort.
5. The following sub-paragraph shall be sub
stituted for sub-paragraph (3) of paragraph 20 of
the Principal Regulations:
(3) The subjects for the third law examina
tion shall be the law of wills, probate and
administration of estates (contentious and non-
contentious), tax law, criminal law and practice,
the law of evidence, commercial law (the Bills
of Exchange Acts, Sales of Goods Acts, Hire
Purchase Acts and insurance, excluding marine
insurance, the law of patents, trade marks and