Sentences with phrase «exercise of the powers conferred»

Responding to questions on currents efforts by the National Assembly to alter the timetable for the 2019 general elections, Prof. Yakubu maintained that the Commission had, in the first place, announced the timetable in exercise of the powers conferred on it by the existing laws as contained in the Electoral Act (2010 as amended) and the 1999 Constitution (as amended).

«In exercise of the power conferred on the President under article 5 of the Constitution, this Instrument is made this 30th day of April, 2018.

[30] The governing principles established for the exercise of the power conferred under the previous rules have been established.

The mere fact that the applicant was in a sector or department which participated in the exercise of power conferred by public law was not in itself decisive.

IN EXERCISE of the powers conferred by section 22 (3)(b) of the Medical Practitioners and Dentist Act, the Director of Medical Services declares the institutions named in the Schedule to be approved institutions for the purpose of this section.

They agreed that, whether or not there were any ultimate limits on the broad phrasing of section 43, the power at least includes acquisition «for the purpose of enabling the exercise of powers conferred on the executive by another statute of the territory».

In addition, section 7 (2)(a) of the Act requires that «the provisions of the Racial Discrimination Act 1975 apply to the performance of functions and the exercise of powers conferred by or authorised by this Act».

In addition, the performance of functions and the exercise of powers conferred by or authorised by the NTA must be in conformity with the Racial Discrimination Act (the «RDA»).

the RDA applies to the performance of functions and exercise of powers conferred by or authorised by the NTA (including by States and Territories under alternative regimes); and

Not exact matches

exercise in respect of that person's name, and without further evidence or inquiry, the power conferred on the Electoral Commission by that subsection.

For the purposes of exercising the powers conferred on it by subsection (2), the Electoral Commission may require a political party to supply to it a list of the party's current financial members within any reasonable time that the Electoral Commission specifies.

[T] he [General Welfare] clause confers a power separate and distinct from those later enumerated, is not restricted in meaning by the grant of them, and Congress consequently has a substantive power to tax and to appropriate, limited only by the requirement that it shall be exercised to provide for the general welfare of the United States.

Nwoga who is the Vice Chairman of APC in Enugu East senatorial zone is also asking the court to determine «Whether the National Assembly in exercise of her law making powers can make a law to change the sequence of elections, already adopted and published by INEC, pursuant to the powers conferred on it by the constitution.»

Specifically, the plaintiff / applicant, Nwoga, is asking the court to among other things determine «Whether the National Assembly in exercise of its lawmaking powers can make laws to compel INEC to exercise the powers to organize, undertake and supervise elections conferred on it by the constitution in a particular sequence.»

As follows from Stardust Marine, the imputability must be conversely demonstrated «by establishing the actual exercise by the State of the supervisory power which its status as majority shareholder confers upon it» (para 99).

In this respect, the AG rightly recalls that, if this were true, the imputability to the State would not inevitably follow as Stardust Marine teaches us that, in case of decisions taken by public undertakings, the imputability to the State must be demonstrated by establishing «the actual exercise by the State of the supervisory powers which its status as majority shareholder confers upon it» or «the actual involvement of the public authorities» (para 99) in the adoption of the decision.

That on a proper construction of the trust deeds, the wide powers conferred on the protector were purely personal powers which the protector could exercise in his own selfish interests.

118.1 If a regulation under the Canada Labour Code incorporates by reference all or part of this Act or a regulation under this Act, the Board and any person having powers under this Act may exercise any powers conferred under the regulation under the Canada Labour Code.

That test prevented a judge considering a summary judgment motion from exercising newly conferred powers in Rule 20.04 (2.1) of the Rules of Civil Procedure to weigh evidence, evaluate credibility, and draw reasonable inferences unless he or she was satisfied a full appreciation of the evidence and issues could be achieved by way of summary judgment.

(2) A person referred to in subsection (1) has exclusive jurisdiction to exercise the powers conferred upon him or her under this Act and to determine all questions of fact or law that arise in any proceeding before him or her and, unless an appeal is provided under this Act, his or her decision thereon is final and conclusive for all purposes.

His lordship further held that the power conferred by para 14 (2)(f) of Sch 17 to FSM 2000 included power to delegate the exercise of the power of summary dismissal to designated members of the ombudsman.

30 (1) The Hearings Tribunal has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or decision of the Hearings Tribunal thereon is final and conclusive for all purposes.

The purpose of section 11 is to support the exercise of the court's power to allow a name or other matter to be withheld in court proceedings, by conferring a statutory power to give ancillary directions prohibiting publication of the relevant information.

It rather focused on the most immediate issue faced by the Court in this particular case: which is the intensity of the judicial review that can be exercised upon the choice of the EU legislator when conferring powers on the Commission?

(2) The Court of Appeal has the jurisdiction conferred on it by this or any other Act, and in the exercise of its jurisdiction has all the powers historically exercised by the Court of Appeal for Ontario.

(3) For greater certainty, the power of the Small Claims Court to order, hear and determine a contempt hearing under this section is conferred on and may be exercised by the persons referred to in clauses 24 (2)(a) and (b).

38 (1) A provincial judge has the power and authority of two or more justices of the peace when sitting in the Ontario Court of Justice and shall exercise the powers and perform the duties that any Act of the Parliament of Canada confers on a provincial court judge when sitting in the Ontario Court of Justice.

The Commissioner of Patents shall exercise the powers conferred and perform the duties imposed on him by this Act under the direction of the Minister, and, in the absence of the Commissioner of Patents or if the Commissioner is unable to act, the Registrar of Copyrights or other officer temporarily appointed by the Minister may, as Acting Commissioner, exercise those powers and perform those duties under the direction of the Minister.

This section states that «In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, first consideration being given to the welfare which a minor of any child of the family who has not attained the age of eighteen...»

The tribunal is obliged to comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence, and in the exercise of all other powers conferred upon it.

1.42 (1) Subject to subsection (2), the Tribunal has exclusive jurisdiction to exercise the powers conferred on it under this Act and to determine all questions of fact or law that arise in any proceeding before it.

In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously.

The European Parliament, which shall consist of representatives of the peoples of the States brought together in the Community, shall exercise the powers conferred upon it by this Treaty.

39 The Tribunal has the jurisdiction to exercise the powers conferred on it by or under this Act and to determine all questions of fact or law that arise in any application before it.

-- exercise the powers conferred on it by the Council for the implementation of the rules laid down by the latter.

To exercise all or any of the powers conferred by subsection 57 (1) and by paragraphs 52 and 58 of section 207 of the old Municipal Act, as those paragraphs read on December 31, 2002, in respect of the land.

A plain reading of these provisions indicates that Parliament conferred broad discretion upon BDC in the exercise of its powers under the BDC Act.

22.1 (1) If a regulation under the Canada Labour Code incorporates by reference all or part of this Act or the regulations made under it, the Board and any person having powers under this Act may exercise any powers conferred by the regulation under the Canada Labour Code.

On the contrary, having regard to the statutory role of the commissioner, it would be expected that Parliament, when conferring powers to be exercised by the Metropolitan Police, would confer them on the commissioner and then leave him to delegate the exercise of those powers as appropriate.

The power to refuse to grant restitution under art. 1699 para. 2 if restitution would confer an undue advantage on one party is «quite exceptional», must be exercised sparingly and on the basis of full proof, the burden of which falls to the debtor of the restitution.

Because the exercise of that Member State power against its own nationals also directly affected the rights conferred on that Member State's national qua EU citizen, the matter was held to fall within the jurisdiction of the CJEU as the ultimate guardian of the EU citizen's EU law rights.