Sentences with phrase «authorities under a duty»

Not exact matches

The Committee shall have the authority, in its sole discretion, to retain and obtain the advice and assistance of outside legal counsel and such other advisors as it deems necessary to fulfill its duties and responsibilities under this Charter.

Under Senate Bill 383, which takes effect July 1, the Nevada securities administrator has authority to further define the fiduciary duty by defining certain acts as violations or exclusions from the duty.

You agree that MFS shall not be under a duty to inquire as to the authority or propriety of any instructions given to MFS using your passwords or other security data and that MFS shall be entitled to act upon any such instructions.

But the orthodoxy of a Catholic theologian should not be suspect only because he does his duty honestly and weighing his own views, remaining in an open dialogue with the magisterium and prepared to leave the last word to the authorities of the Church, always lovingly adapting his individual under - standing of the faith to that of the whole Church.

With the 1990s, some war movies examined honor, duty and code versus the sanctity of an individual life (A Few Good Men) to sexism and the issues of female authority (Courage Under Fire, GI Jane) to the internal demons besieging a leader and group of misfit soldiers as they sacrificed their lives for one (Saving Private Ryan).

However, local authorities have duties under Children Missing Education (see our «Children Missing Education» page under «HE and the Law»).

This is because this type of institution is by definition a school set up to discharge a local authority's duties under section 19 (1) of the Education Act 1996 in relation to children of compulsory school age.

Congress might have the authority to use its subpoena power to compel a mental examination of the President at that stage (i.e. after the cabinet triggers the process and the President resists it) in furtherance of its deliberative duty under Section 4 of the 25th Amendment, but that is far from obvious.

According to Alhaji Muntaka, the police invitation to the MPs undermines the authority of parliament and also interferes with the work of a parliamentarian, who is insulated under Article 117 of the Constitution and Order 22 of the Standing Orders of Parliament from any arrest or court orders in the performance of his or her official duties.

Still, under the state's Public Authorities Reform Act, Empire State board members have a fiduciary duty to the mission of the agency, not to outside political considerations.

The Borough President acted under the authority of a new state law enacted last month that gives the two elected officials who appoint the Board's members the power to remove the Trustees they have appointed when those Trustees fail to satisfactorily perform their duties.

With no chance of Congress enacting legislation to make these targets into actual U.S. law, the White House is depending on using existing authority under the Clean Air Act and other laws to set regulations in place on power plant emissions, heavy - duty vehicles and more.

The target and the route to getting there — a combination of Obama using his executive authority under the Clean Air Act with a raft of regulations on everything from heavy - duty trucks to buildings — were charted months earlier.

It shall be the duty of the officials or boards having authority over the respective private, parochial and denominational schools to prescribe courses of study for the schools under their control and supervision similar to those required for the public schools.

REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION 7.1 You represent and warrant that (a) you have the authority to enter into and perform your duties and obligations under this Agreement; and (b) the website [s] where you will display Archway Affiliate Marketing Materials and your marketing practices do not and will not (i) infringe on any third party's copyright, patent, trademark, trade secret, privacy or any other rights, (ii) violate any applicable laws, rules, or regulations, including, without limitation, the CAN SPAM Act of 2003, (iii) contain defamatory or libelous material, (iv) contain pornographic or obscene material, including, without limitation, its marketing and promotional activities; (v) promote violence; or (vi) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines; and (c) you will comply with your obligations under this Agreement and industry guidelines as applicable.

Dog wardens and humane agents are required to report any violations they see in performing their other duties and have authority to examine records required to be maintained under this bill.

Court documents lay out Infinity Ward's agreement with Activision, which purportedly gives the developer rights to creative authority over «any Call of Duty game set in the post-Vietnam era, the near future or the distant future» and any title under the Modern Warfare brand.

The rationale is set out in pragmatic terms in Ursula Becker v Finanzamt Münster - Innenstadt [1982] CJEU (Case 8/81) as follows: `... in cases in which the Community authorities have, by means of a directive, placed Member States under a duty to adopt a certain course of action, the effectiveness of such a measure would be diminished if persons were prevented from relying upon it in proceedings before a court....»

Under U.S. insurance law, settlement authority and strategy are much more concentrated in the insurer, and the insurer's role in instructing defence counsel is subject to closer scrutiny to ensure compliance with the duty to avoid conflict of interest.

The authorities suggest two related elements — a fiduciary duty owed by the Crown to Aboriginal people when dealing with Aboriginal lands, and the right to encroach on Aboriginal title if the government can justify this in the broader public interest under s. 35 of the Constitution Act, 1982.

«Child» had to be interpreted objectively, as a matter of «precedent fact» just as it had been in the seminal Supreme Court case of R (A) v Croydon [2009] 1 WLR 2557 in the context of local authorities» duties to «children in need» under the Children Act 1989.

Lambeth Borough Council provided accommodation for the teenager for about seven months in 2006, under its Housing Act 1996, s 188 duty as a housing authority.

As to the fourth issue, where, as in the instant case, the person concerned was ex-hypothesi disabled and the public authority was discharging its functions under statutes which expressly directed its attention to the needs of the disabled persons, it might be entirely superfluous to make express reference to s 49A of the 1995 Act and absurd to infer from an omission to do so a failure on the authority's part to have regard to their general duty under that section.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

As to the first issue, it was established that local authorities were under a duty to make an assessment of needs under s 47 (1)(a) of the 1990 Act and, in so doing, were entitled to take account of their resources.

Construction The legal issue resolved itself into one of construction: what did the criteria in s 20 (1) mean and how, if at all, was their application affected by the other duties of children's authorities, in particular s 17 of ChA 1989 and the duties of housing authorities under the Housing Act 1996 (HA 1996).

For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law.

She also claimed to be owed duties by the children's services department of the authority, under ChA 1989.

It did not have a purely commercial relationship with the local authorities, but was operating under arrangements made within the framework of that statutory duty.

The duty of co-operation with local authorities under HA 1996, s 170 was also of significance.

The 2006 Homelessness Code was correct to advise that, once it appeared to the housing department of a local authority that a 16 - or 17 - year - old might be homeless, that authority should accommodate her under s 188 pending clarification of whether the local children's services authority owed a duty to provide her with accommodation under s 20.

As a result, it might certainly make sense for the supreme courts of the EU Member States to be reminded in an appropriate way, when considering applying Protocol no. 16, of their duties under Art. 267 TFEU and of the supreme authority of the ECJ as regards the interpretation of EU law.

Her ladyship was entirely sympathetic to the proposition that where a local children's services authority provided or arranged accommodation for a child, and the circumstances were such that they should have taken action under s 20 of ChA 1989, they could not side - step the further obligations which resulted from that duty by recording or arguing that they were acting under s 17 or some other legislation.

He also undertakes mental health law work and acts for local authorities in respect of their duties under the Mental Health Act 1983.

• Production of a local offer — local authorities are now under a duty to set out clear and searchable information on services available to parents, carers, children and young people in their area.

We are also experts in the changes to SEN law introduced under the Children and Families Act 2014, and were involved in the first judicial review of local authorities duties under the new law.

We are experts in the changes to SEN law introduced with the Children and Families Act 2014 and were involved in the first judicial review of local authority duties under the Act, which you can read about here.

The general disability equality duties contained in the Disability Discrimination Act 1995 (DDA 1995), s 49A apply to the exercise of a local authority's functions under the community care legislation.

The accommodation and assistance with which M had been provided in 2005 had been provided by the housing authority pursuant to their duties under HA 1996.

It gives carers new rights to information — s 1 places a duty on local authorities to inform carers of their right to a carer's assessment under C (RS) A 1995 and CDCA 2000.

In R (on the application of Aweys) v Birmingham City Council and other applications [2007] EWHC 52 (Admin), [2007] All ER (D) 230 (Jan) the Court of Appeal dismissed the authority's appeal and held that, upon finding a homeless person to be unintentionally homeless, eligible and in priority need, the «main housing duty» under HA 1996, s 193 (2) arose immediately and that the discharge of this duty could not be met by leaving the applicants in their existing homes: «the homeless at home», which the authority considered no longer reasonable for them to occupy, while waiting for an offer of permanent accommodation under the allocation scheme.

Thus it held that the duties imposed on housing authorities under the Housing Act 1996, Part VII do not give rise to «civil» rights or obligations and so ECHR, art 6 does not apply to it.

Acts under «color of any law» include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under «color of any law,» the unlawful acts must be done while such official is purporting or pretending to act in the performance of his / her official duties.

«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.»

(4) A sewage system inspector appointed under this section in an area of jurisdiction or, if there is more than one inspector in the area of jurisdiction, the inspector designated by the council of an upper - tier municipality, board of health or conservation authority has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings.

16 I accept the submissions of the appellant, that Parliament never intended nor contemplated that the authority of a provincial cabinet minister under the Code to designate technicians could turn on their name, rather than their duties and official status.

I accept that the duties formerly exercised by the Solicitor General assumed by these successor ministries include the authority for designating technicians under the Criminal Code.

It was accepted that a full housing duty under the Housing Act 1996 (HA 1996), s 193 (2) was owed, but instead of providing temporary accommodation, the authority concluded that the family could remain in their accommodation pending a permanent offer.

And since the duty under NHSA 2006, s 3 is imposed on the secretary of state and that on local authorities arising under NAA 1948, s 21 is subject to the approval and direction of the secretary of state, it «follows that there is one primary decision maker, not two, and there is no head on collision between two comparable decisions».

Those made under RRA 1976 are too numerous to mention here, but at present the relevant orders, at least for England and Wales, for the other strands are the Disability Discrimination (Public Authorities)(Statutory Duties) Regulations 2006 and the Sex Discrimination Act 1975 (Public Authorities)(Statutory Duties) Order 2006 (SI 2006/2930).