Sentences with phrase «application under this part»

The lead judgment was given by Ward LJ, and had the effect of severely limiting the circumstances in which an application under Part III could be made.

Collins LJ, who delivered the Supreme Court judgment, considered the proper approach to be adopted by the Court when faced with an application under Part III:

(2) An application under Part III of the Children's Law Reform Act in respect of a child who ordinarily resides in a part of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of Ontario.

The Tribunal is vested with the jurisdiction to hear and dispose of applications under Parts VII.1 and VIII of the Act.

The impact of the EC regulations is addressed in several substantive contexts, including applications under Part III of the Matrimonial and Family Proceedings Act 1984 (Lord Collins's tantalising obiter dicta in Agbaje v Agbaje, and the subsequent case - law such as Traversa v Freddi [2011] 2 FLR 272) as well as in relation to enforcement of maintenance orders and the difficulty in that context of characterising English orders made in financial remedy proceedings.

Not exact matches

«Labour has always recognised that faith schools are an important part of the educational landscape and under a Labour government applications for new faith schools will still be considered.»

Any secretary of a political party listed on the part of the ballot paper that relates to the party vote may, instead of making 1 or more separate applications for recounts under section 180 (2), apply to the Chief District Court Judge for recounts of the party votes to be conducted in every electoral district.

Communities Secretary Eric Pickles said Government initiatives are creating a «sustainable» boost in UK housing as he unveiled figures showing 10,000 applications have been made under the first part of its Help to Buy scheme.

-- In promulgating regulations under subsection (b)(1) with respect to the issuance of international offset credits under subsection (c), (d), or (e), the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, may modify or omit a requirement of this part (excluding the requirements of this section) if the Administrator determines that the application of that requirement to such subsection is not feasible.

-- The Secretary shall provide full information to workers about the adjustment allowances, training, and other benefits available under this part and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services.

The work is part of a Science Application Partnership funded under DOE's SciDAC program.

The first application as part of DOE's BioEnergy Science Center was in the examination of plant cell walls under several treatments to provide submicron characterization.

For facility grant requests under # 50,000 — for example changing room refurbishment — the Foundation offers a quicker, simpler application process as part of our Build the Game (BtG) initiative.

This recorded PowerPoint provides information on the overall Title II, Part A, program, including intended uses of funds, updates about teacher quality provisions, and general requirements of school divisions under Title II, Part A. Additionally, the presentation provides information about the overall application process for Title II, Part A, including general provisions, needs assessment, and completing the program specific pages of the application.

Under this proposal, the U.S. Department of Education would review the indicators of fiscal progressivity that states submit as part of their applications for Title I funds.

As part of the University Transportation Centers (UTC) program, the US Department of Transportation is seeking applications from eligible nonprofit institutions of higher education located in Federal Regions 1, 2 and 3 for grants authorized under the Fixing America's Surface Transportation (FAST) Act.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

conducted unsolicited mailings to students of student loan application forms, except to students who have previously received loans under this part from such lender;

The right of a judgment debtor to accelerate payment of part or all of the death benefit or special surrender value under a life insurance policy, as authorized by paragraph one of subsection (a) of one thousand one hundred thirteen of the insurance law [* see below], or to enter into a viatical settlement pursuant to the provisions of article seventy - eight of the insurance law, is exempt from application to the satisfaction of a money judgment.

(1.1) At any time after five years after a bankrupt who has a debt referred to in paragraph (1)(g) ceases to be a full - or part - time student, as the case may be, under the applicable Act or enactment, the court may, on application, order that subsection (1) does not apply to the debt if the court is satisfied that

J. (1) Any person whose application, or renewal application, for licensure under this Part, has been denied for any reason, may not reapply for a license under this Part until after at least three years from the date of the order of denial, unless the commissioner, in his sole discretion, prescribes an earlier or later date.

Gygax also participates in the selection jury for the Frieze Artist Award, which is an international, open call application for an emerging artist to realize a major commission at Frieze London 2016 — as part of the Frieze Projects programme, under the guidance of Gygax and his team.

Vogtle Electric Generating Plant, Units 3 & 4 COL Application Part 1 ⎯ General and Administrative Information 1A - 1 Revision 3 APPENDIX 1A ESTIMATED TOTAL CONSTRUCTION COST FOR VEGP UNITS 3 AND 4 The estimated total construction cost for VEGP Units 3 and 4 is considered proprietary information and was provided with Revision 0 of the COL application under separate cover (Reference SNC letter AR -08-0436, dated MarchApplication Part 1 ⎯ General and Administrative Information 1A - 1 Revision 3 APPENDIX 1A ESTIMATED TOTAL CONSTRUCTION COST FOR VEGP UNITS 3 AND 4 The estimated total construction cost for VEGP Units 3 and 4 is considered proprietary information and was provided with Revision 0 of the COL application under separate cover (Reference SNC letter AR -08-0436, dated Marchapplication under separate cover (Reference SNC letter AR -08-0436, dated March 28, 2008).

If adopted under the latter, the application of Protocol No 21 (Protocol) would have resulted in the inapplicability of the measure to UK and Ireland by virtue of Article 1 of the Protocol, which allows the UK not to take part in the measures adopted pursuant to the Area of Freedom, Security and Justice (AFSJ).

It does not apply at all in children proceedings (proceedings under FPR 2010 Parts 12 to 14 are excluded by r 4.4 (1)-RRB-; so that save in the more technical pleadings area of divorce its application will be rare (see eg Lindner v Rawlins [2015] EWCA Civ 61).

The main bone of contention was the application of the Liberalisation Agreement to the territory of Western Sahara, a non-self-governing territory to be decolonised in accordance with the principle of self - determination, but which is considered by Morocco to be an integral part of its sovereign territory and is largely under Morocco's effective control.

«inherently linked to the offer by that company of non-public urban transport services, in view of the fact that, in the first place, that company provided an application without which those drivers would not have been led to provide transport services, and the persons who wished to make an urban journey would not have used the services provided by those drivers and, in the second place, that company exercised decisive influence over the conditions under which services were provided by those drivers, inter alia by determining the maximum fare, by collecting that fare from the customer before paying part of it to the non-professional driver of the vehicle, and by exercising a certain control over the quality of the vehicles, the drivers and their conduct, which could, in some circumstances, result in their exclusion» (Uber France, para 21).

In a recent Human Rights Tribunal decision, 1 the Applicant, Timothy Pritchard, filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the «Code»), alleging discrimination with respect to employment on the basis of disability.

Part 36 can be used in respect of issues in the case but may not be used in relation to interim applications (in respect of which the court will exercise its usual discretion as to costs under CPR 44).

Where an application is made to exclude the media under FPR Rule 10.28 (4)(b), the media need not be excluded from the whole of the proceedings, if exclusion from a part of the case would suffice.

Not saying they would, but they could under the terms of the policy, because the application actually becomes incorporated into and a part of the policy.

(2) The Lieutenant Governor in Council may make regulations providing for the application of this Part, and the regulations, guidelines, rules and policies under it, to schools or classes of schools referred to in subsection (1), with such modifications as the Lieutenant Governor in Council considers advisable.

(1) If a person is entitled to a death benefit, a funeral benefit or a benefit under Part IV, the insurer shall pay the benefit within 30 days after the insurer receives an application for the benefit.

25.2 governing the assignment of statutory accident benefits under Part VI, including the application of sections 279 to 282 to persons to whom the benefits are assigned;

The statute created a regime in Part I governing an application for a protection order made to a justice of the peace under s 5 (1) without notice of a hearing to the respondent.

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

38.2 (1) This section applies to an application prepared by a member of a health profession or social worker for approval of an assessment or examination of an insured person if the application is not submitted as part of a treatment plan under section 38.

Tamara has vast experience of all forms of Property law representing landlords and tenants as well as Lenders in proceedings ranging from standard possession claims to more complex issues of art 8 and unreasonableness, undue influence in mortgage fraud (Ertridge), Judicial Review and reasonableness of action on the part of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court for orders for sale in mortgage possession proceedings.

«In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from --(a) giving evidence on any matter; or answering any question put to him in the course of his giving evidence, on the ground that doing so might incriminate him or his spouse of an offence.»

The file involved a hotly contested CCAA application resulting in a global settlement amongst stakeholders followed by a creative harvesting of litigation assets by a litigation trustee all under and as part of a CCAA filing.

Upholding the judgment of the Divisional Court, the Court of Appeal held that the extra-territorial application of Part 5 of the 2010 Act — as it applies to employees and workers — should be considered through the case law under section 94 of the Employment Rights Act 1996, i.e. the Lawson v Serco line of authority.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

(c) if the spouses did not have a common habitual residence, the internal law of the jurisdiction in which the spouse making an application for an order under this Part was most recently habitually resident.

(2) On and after the effective date, the new Part IV applies to a complaint described in subsection (1) as though it were an application made to the Tribunal under that Part and the Tribunal shall deal with the complaint in accordance with the new Part IV.

(ii) the fees that a party to a proceeding that is the subject of an application to the Condominium Authority Tribunal under Part I. 2 is required to pay, if the Tribunal has been established under that Part; and

40 The Tribunal shall dispose of applications made under this Part by adopting the procedures and practices provided for in its rules or otherwise available to the Tribunal which, in its opinion, offer the best opportunity for a fair, just and expeditious resolution of the merits of the applications.

An application for leave to appeal a municipal planning decision in Alberta falls under the planning and development provisions contained in Part 17 of the Municipal Government Act, RSA 2000, c M - 26.

Quebec Central Authority -... notes that... Hague application [s] for access will be considered under Article 21 of the Hague Abduction Convention and that issues such as the respect of... parental authority or rights of custody are not necessarily part of considerations under Article 21.

First, he maintains that the immediate application of a longer limitation period would not affect the national identity; in this respect, as pointed out under p. 5, it is worth stressing that some commentators argue that limitation rules do not per se define the constitutional identity, but in the Italian legal order they are nevertheless subject to the principle of legality, that is definitely part of such identity.