Sentences with phrase «due regard to»

The document notes the government may consult with other Indigenous parties as relevant, but specifically states that «in every consultation with Indigenous parties, the Queensland Government will have due regard to the representative mandate of those parties when taking into account and lending weight to the parties» views».

Given the gravity of the consequences flowing from a finding that a claimant group is not who they claim (and perceive themselves) to be, and consistent with principles of equality and respect for culture, as well as the intention of the Parliament in enacting the NTA «to rectify past injustices» and establish a «special procedure... for the just and proper ascertainment of native title rights and interests... in a manner that has due regard to their unique character», the Court should, it is respectfully submitted, approach the admission of oral testimonies of native title claimants in ways which accommodate Aboriginal accounts of their histories [85] and are, where appropriate, sceptical in the receipt of written records of the past.

A Deciding Officer must have due regard to EU law where it is applicable.

In most cases where the EDTL is required to consult, the EDTL must «have due regard to any recommendations of the Consultative Forum».

Dr Jonas reports that in many cases, policies are initiated and implemented without due regard to human rights principles.

Could make my son responsibly recognize the importance of driving responsibility and driving safely, with due regard to others...

At all times, the insured should exercise due regard to the safety of the property.

With due regard to the author of a book by the same name, I believe that in today's corporate environment, one person can not service a client alone.

All too often, we focus on the mechanics and strategy of oral argument without giving due regard to how students may be feeling about the experience.

Michael Webster of Webster Dixon LLP, acting for BSN and SAL, says: «The government has conceded to impact assessments to be carried out with due regard to the Commission for Racial Equality's code and guidance, which are far more robust than their previous methods.

This did not amount to a failure to have due regard to the statutory need to promote, for example, equality of opportunity between different racial groups.

The bill would also add a provision specifying that the Charter must be interpreted with due regard to Quebec's heritage and the fundamental values of the Quebec nation.

What is reasonable is generally a question of fact, but it is not safe, legally, to assume that doing nothing will be considered reasonable or to take action to remedy a breach without due regard to all available options, their suitability and cost involved.

8 When examining an application for entry and residence, the Member States must, in accordance with Article 5 (5) of the directive, have due regard to the best interests of minor children.

Every defendant is entitled to be treated fairly, courteously, and with due regard to the presumption of innocence.

The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.

In this respect, restraint ought to be exercised in the discovery process, and it should be conducted with due regard to costs and efficiency.

(5) The Centre shall within 10 days of the delivery of the list sent under subrule (1) appoint an appeal tribunal having due regard to any submission sent by any party under subrules (2) and (3).

Unison submitted that the Lord Chancellor had breached his duty to have due regard to the need to eliminate discrimination by imposing the two tier fees regime.

The council also failed to comply with the general public sector duty (now contained in s 149 of the Equality Act 2010) to have due regard to the needs of disabled people.

It is clear that in any case where the decision may affect large numbers of disabled people, the necessary due regard to the needs of disabled people under the public sector equality duty is very high.

These included an SNP amendment that the courts post-Brexit should pay due regard to relevant European Court of Justice decisions when interpreting retained EU law.

It presages a law captured by the rhetoric of the right to freedom of expression without due regard to the value underlying the particular exercise of that right; a law in which, under the guise of the right to freedom of expression, the «right» to offend can be exercised without responsibility or restraint providing it does not cause a disruption or disturbance in the nature of public disorder; a law in which an impoverished amoral concept of «public order» is judicially ordained; a law in which the right to freedom of expression trumps — or tramples upon — other rights and values which are the vital rights and properties of a free and democratic society; a law to which any number of vulnerable individuals and minorities may be exposed to uncivil, and even odious, ethnic, sexist, homophobic, anti-Christian, anti-Semitic, and anti-Islamic taunts providing no public disorder results; a law in which good and decent people can be used as fodder to promote a cause or promote an action for which they are not responsible and over which they have no direct control; a law which demeans the dignity of the persons adversely affected by those asserting their right to freedom of expression in a disorderly or offensive manner; a law in which the mores or standards of society are set without regard to the reasonable expectations of citizens in a free and democratic society; and a law marked by a lack of empathy by the sensibilities, feelings and emotional frailties of people who can be deeply and genuinely affronted by language and behaviour that is beyond the pale in a civil and civilised society.

Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8 rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified in s 49A of DDA 1995 (the general disability equality duty) when carrying out their functions in the instant case.

Unsurprisingly, the CJEU did not waver, stating that «without the primacy of a Security Council resolution at the international level thereby being called into question, the requirement that the European Union institutions should pay due regard to the institutions of the United Nations must not result in there being no review of the lawfulness of such European Union measures, in the light of the fundamental rights which are an integral part of the general principles of European Union law.»

«The answer may be to create a mechanism for obtaining an Advisory Opinion in disputes before UK courts or for UK courts to have due regard to CJEU rulings, and an obligation of consistent interpretation to ensure equality, legal certainty and the maintenance of the quality of the rights.»

One if my bug - bears is the use of running means as a filter so it very refreshing to see VP fully understands the issues and has built his F3 filter with due regard to it's frequency response.

With due regard to limits to growth — let's use nitrous oxide instead of helium and scale up.

That challenge has been largely ignored, with the policy focus placed on emissions and emissions reduction and the political will to reduce them, without due regard to the current limits on alternative low carbon energy technologies.

Such committee should be appointed with due regard to geographic representation: however, no particular geographic distribution is required.

As stated in the opening statement of the copyright law «giving due regard to the fair exploitation of these cultural products, and by doing so, to contribute to the development of culture,» it is hardly foreseen that our culture and society will grow without copyrights protected.

The gears are selected with due regard to a particularly economical style of driving at low revs.

Religious schools will still be expected to teach the sex and relationships curriculum, but they will be able to do so with due regard to their religious values.

«Teachers and pupils told inspectors that in their view, the behaviour policy is applied with due regard to individual needs.

The Disability Discrimination Act (DDA) 2005 sets out the general duty and provides that Inspiration Trust in carrying out its duties gives due regard to:

The introduction of Prevent Duty in summer 2015 stated that teachers must have «due regard to the need to prevent people from being drawn into terrorism».

As defined by the government, Prevent Duty is a school's legal obligation to have «due regard to the need to prevent people from being drawn into terrorism».

Schools, universities, prisons, councils, police and NHS trusts will be expected to have «due regard to preventing people from being drawn into terrorism».

In the light of the above and in due regard to the gravity of these violations, I can not imagine what resolution would redress these other than a re-run of the parliamentary elections in the Tamale Central Constituency.

These include the need for a purposively broad, liberal and benevolent interpretation of the Constitution as a whole, so far as the language of the constitution would admit, having due regard to the underlying values and principles that need to be promoted to safeguarded our system of participatory democracy, the principle that the constitution is a document sui generis, and allied to this, the principle that the constitution must be interpreted in the light of its own words, and not words found in some other written constitution» (Writ No: JI / 15/2015 [unreported] pages 23 & 24).

The minority voice must be heard if only to give due regard to both sides of the debate.

To compile information on home births, particularly as they occur among members, whilst paying due regard to the confidentiality of the members» enquiries.

This approach forms part of our commitment to meet the Public Sector Equality Duty requirement to have due regard to the need to eliminate discrimination, advance equality of opportunity and to foster good relations.

Thus in contrast with the ancient mythological cultures and with holy scripture outside the Judeo - Christian stream, most of the Old Testament either consists of historical material, or is expressed with due regard to the historical nature of human life.

A theology of the New Testament has but one all - embracing task, which is to give a lucid and methodical presentation of the New Testament material with due regard to its systematic relations and the varied nature of its historical background.

Of course Law provides that any fundamental right can be exercised only with due regard to morality and public order.

But the answer will be much more satisfying if our study includes careful methods of analysis and interpretation, with due regard to the historical and literary contexts and the genre being used.

Principle 16, so necessary for immediate application, reads: «National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment».

Moon Express is working closely with the U.S. government to assure our freedom of enterprise in space with due regard to international treaties.

But, with all due regards to Wenger, he meant it to speak more endearingly about the electrifying forward.