The Gazette 1964/67

SOLICITORS ACT, 1954 (APPRENTICE SHIP AND EDUCATION) (AMENDMENT)

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 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. 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.

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