Sentences with phrase «acts of a public nature»

Not exact matches

The use by respondents of a multilevel marketing program, which is in the nature of a lottery, is contrary to the public policy of the United States and is an unfair act and practice and an act of unfair competition within the intent and meaning of Section 5 of the Federal Trade Commission Aact and practice and an act of unfair competition within the intent and meaning of Section 5 of the Federal Trade Commission Aact of unfair competition within the intent and meaning of Section 5 of the Federal Trade Commission ActAct.

A case involving se - xual acts will always color the public's perception, who may feel inclined to believe that you are guilty, not on the actual evidence, but just because of the «abnormal» or sensational nature of those acts.

By acquiring this property, and establishing a new wildlife sanctuary at Tidmarsh, Mass Audubon will lead by example in protecting one of the best remaining land conservation opportunities in coastal Massachusetts, and inspire the public to act on nature's behalf.

To authenticate all acts, orders and proceedings of the Board including the countersigning of all letters and documents of whatever nature going out from the Board, unless otherwise authorized, and to be the sole spokesman for the Board in relation to the news media, agencies of government and the public at large, except as he / she shall otherwise specifically authorize.

Sex crimes refer to acts of a sexual nature on the subway, like touching someone without consent or public lewdness.

The board shall make available to interested members of the public information about a disciplinary action taken by the board pursuant to Section 61-14-13 NMSA 1978, including the name of the licensee, the nature of the violation of the Veterinary Practice Act and the disciplinary action taken.

Pit bull owners stop socializing their dog or taking it out in public for fear of an incident (a justifiable fear, since the «pit bull» is most likely to be blamed for any incident); they assume the worst about normal dog behaviors like grumbling, snapping, or even rough play between dogs; they fail to act when genuine aggressive behavior does arise, because they believe such behavior is in the dog's nature and is not changeable; and they are told by trainers that the situation is hopeless.

«We believe that HSUS's own public documents show beyond question that lobbying is a «substantial part» of its activities and feel the IRS's failure to act is attributable to the politcally sensitve nature of HSUS's activities.»

The exhibition includes several inter-connected works that address the loaded nature of portraiture: the role of this genre in establishing how we, as a culture, remember the acts of public figures, describe who occupies certain positions in our society, and whose images are recorded and why.

The exhibition title, The Way Out is Through is a reflection of our relationship to the transient nature of urban space and how we respond to the tensions between our home interiors, exteriors of public space, and the act of letting go.

By redefining the political problems that environmentalism has in persuading people that it knows what their best interests are as a problem of human nature, theories like this can be used to justify acting without consent, and treating the public like naughty children.

It was contended on behalf of the appellant that the law relating to the offence of outraging public decency had developed in such a way that the offence was confined to those instances where the necessary lewd act had been witnessed by at least one person, and the public nature of the offence was only satisfied if, in addition, at least one other person either had or could have seen the act.

Having distinguished the nature of the act from the severity of punishment, AG Bot distinguished Tsakouridis (C - 145 / 09) and failed to find that incest would fall within the meaning of «imperative grounds of public security» in the sense of Article 28 (3)(a) of the directive.

This does not provide for much legal certainty particularly now because pursuant to Filmspeler even the sale of devices containing software linking to unlawfully uploaded content can constitute an act of communication to the public if the seller knows about the infringing nature of these links.

Section 145 contains the relevant provisions, the fulcrum of which is sub-s 1 which reads as follows: «A person (P) who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions (eg s 21 of the National Assistance Act 1948) is to be taken for the purposes of sub-s (3)(b) of section 6 of the HRA 1998 (acts of public authorities) to be exercising a function of a public nature in doing so.»

The AG's hybrid political - administrative duty is to act in the public interest, and I think the public nature of that interest casts a wider scope of consideration than just law.

Publicness Assuming for the moment that the proportionality defence may not have the «Heineken effect» to reach the private sector, the key issue will be whether, in seeking possession, provider associations are exercising functions of a public nature, as opposed to private acts, for the purposes of the Human Rights Act 1998, s 6.

In Weaver v London and Quadrant HA Ltd [2009] 4 All ER 865, [2009] HLR 40, at [80], Elias LJ felt that the approach adopted by the Court of Appeal in that case — that acts of management were functions of a public nature — extended to all tenants of the trust who are in social housing where the properties were acquired as a result of state grants.

This means that to the extent any regulatory activity is an aspect of law enforcement, or aimed at public safety, and in any event not commercial in nature, regulators appear to fall outside of the Act's prohibitions.

The management and allocation of housing stock by a registered social landlord is a function of a public nature and the landlord is, therefore, a public authority for the purposes of the Human Rights Act 1998 (HRA 1998).

The management and allocation of housing stock by a housing trust which is a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, is a function of a public nature, with the effect that the registered social landlord is to regarded as a public authority for the purposes of s 6 (3)(b) of the Human Rights Act 1998 and so is amenable to judicial review on conventional public law grounds in respect of its performance of that function.

Section 6 (3)(b) of HRA 1998 provided that a public authority included «any person certain of whose functions are functions of a public nature» save that, by s 6 (5), in relation to a particular act, a person was not a public authority by virtue only of s 6 (3)(b) if the nature of the act was private.

3) you will be displaying your collected data in a public manner related to those personal email addresses, after deceiving those people to the nature of your emails, and this could possibly be illegal in terms of privacy outside of the CAN - SPAM Act of 2003.

«For the purposes of s. 6 (3)(b) of the Human Rights Act 1998, a function of a public nature includes a function performed pursuant to a contract or other arrangement with a public authority which is under a duty to perform the function.»

For example, section 53 of BC's Health Professions Act not only imposes a duty on persons to «preserve confidentiality», but also provides that records are «not compellable in an court or in proceedings of a judicial nature» except for proceedings under the Act, or where disclosure is authorized by a college board as «being in the public interest» (s. 53 (1) and (3)-RRB-.

In providing care and accommodation, a care home is not exercising functions of a public nature within s 6 (3)(b) of the Human Rights Act 1998.

An infringement of those rules therefore causes a disturbance to the public policy established by the Member State, a lesser or greater disturbance depending on the nature of the act committed, the disturbance caused to public policy normally being reflected in the degree of severity of the penalty laid down by the national legislature to sanction the prohibited conduct.

Many of the offences with which an accused may be charged under the Code of Service Discipline, which is comprised of Parts IV to IX of the National Defence Act, relate to matters which are of a public nature.

A privatised utility such as Network Rail, for example, will be carrying out functions of a public nature in its role of regulating the railways and ensuring safety standards and in that capacity will be liable under the Act, whereas in its capacity as employer, it may not be liable.

In reaching this decision the following were considered to be decisive factors: (i) LQHT was permeated with state control and influence with a view to meeting the government's aims for aff ordable housing; (ii) the nature and extent of the public subsidy of LQHT's activities; (iii) 10 % of LQHT's stock had been transferred to it from the public sector; (iv) that LQHT, as a registered social landlord, was obliged to cooperate with the local authority, if requested, in offering accommodation to people with priority under the authority's allocation scheme; (v) the termination of a tenancy could not be regarded as separate from housing management so as to be considered an act of a private nature.

In public regulation of this sort there is no such thing as absolute and untrammelled «discretion», that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute.

The public element in the offence was satisfied if the act was done where people were present and the nature of what was being done was capable of being seen; the principle was that the public were to be protected from obscene or disgusting acts which were of a nature that outraged public decency and which were capable of being seen in public.

The two person rule in respect of establishing the public element of the offence of outraging public decency contrary to the common law can be satisfied if there were two or more people present who were capable of seeing the nature of the act, even if they did not actually see it.

Those cases established that if the offence of outraging public decency was to be proved, it was necessary to prove two elements: first, that the act was of such a lewd character as to outrage public decency; that element constituted the nature of the act which had to be proved before the offence could be established.

Section 21 of NAA 1948 provided: «(1)... a local authority may... make arrangements for providing --(a) residential accommodation for persons... in need of care and attention which is not otherwise available to them...» Section 6 of HRA 1998 identified two types of public authority — «core» public authorities which were to be so regarded in relation to all their functions and «hybrid» persons with functions both of a public and of a private nature which were only to be so regarded when the nature of their particular act under consideration was public rather than private.

Where a local authority, in the discharge of its duty under s 21 of the National Assistance Act 1948 (NAA 1948), makes arrangements for the provision of care and accommodation by a private care home, that home is not exercising functions of a public nature within s 6 (3)(b) of the Human Rights Act 1998 (HRA 1998).

The Supreme Court did not define what «egregious fault» means other than to say it is something more than ordinary fault, defining it loosely as a term of art that requires not simply more, or even more public acts of marital indiscretion, but acts that by their very nature, are different in kind than ordinary fault that breaks up a marriage.

For example, while the future act process provides for the application of the non-extinguishment principle, the long - term nature of the acts that are covered by the new future act process (for example, the construction of housing and public infrastructure) suggests that it may be a significant time before any native title rights and interests will again have full effect.

Because their relationship is founded on a clear, public act of commitment, a night out together makes a statement about the nature of the relationship.

Therefore, in order to preserve the health, safety, and welfare of the public, the Legislature must provide privileged communication for members of the public or those acting on their behalf to encourage needed or desired counseling, clinical and psychotherapy services, or certain other services of a psychological nature to be sought out.