Sentences with phrase «duty by a public authority»

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

Not exact matches

The Gender Equality Duty requires public authorities «proactively to address the individual needs of women and men in all their functions» (to quote the official guidance on the Duty published by the Equal Opportunities Commission — and available on www.eoc.org.uk).

As those most responsible for the integrity of the election process in Rockland County and as public officials it is your duty to act on these allegations of fraud and forgery by forwarding along all corresponding information to the proper authorities to investigate and take appropriate action as deemed necessary.

It could also make me acknowledge that I have a duty «not to weaken or destroy public confidence in legal institutions or authorities by irresponsible allegations».

Thus in the words of Judge LJ: ``... the 2000 Act may properly be seen as Parliament's considered statutory framework for the disclosure of information held by public authorities, whose enactment militates against the incremental judicial perception of a common law duty to the same or any wider extent.»

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.

In the Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011, (SI 2011/1060) the list of public authorities covered by the public sector equality duty contained within s 149 is expPublic Authorities and Consequential and Supplementary Amendments) Order 2011, (SI 2011/1060) the list of public authorities covered by the public sector equality duty contained within s 149 iAuthorities and Consequential and Supplementary Amendments) Order 2011, (SI 2011/1060) the list of public authorities covered by the public sector equality duty contained within s 149 is exppublic authorities covered by the public sector equality duty contained within s 149 iauthorities covered by the public sector equality duty contained within s 149 is exppublic sector equality duty contained within s 149 is expanded.

Public authorities also have a duty to have regard to the new Surveillance Camera Code of Practice overseen by the Surveillance Camera Commissioner.

An award may be made public with the consent of all parties or where and to the extent disclosure is required of a party by legal duty, to protect or pursue a legal right or in relation to legal proceedings before a court or other competent authority.

They will need to know how to design services which appeal to new «customers» — clinical commissioning groups (CCGs) led and owned by GPs but with representation on their board from nurses, hospital doctors and lay members, the NHS commissioning board and its regional outposts based initially on clusters of PCTs, local authorities, who have a new duty to improve public health, and of course increasingly savvy personal budget - holding patients and service users.

«Article 8 is not concerned with the establishment of any such duty, but of a threshold of interference by a public authority with family life.

However, where no statutory duty exists authorities will no doubt wish to make sure as a matter of sound corporate governance and public accountability that the reasons for their decisions are sufficient and appropriate in the particular circumstances, having regard to the interests of all those likely to be affected by them.

Since the public authority is normally the primary decision maker «with a duty to apprehend the facts underlying the decision by a fair procedure which takes properly into account all relevant facts and circumstances», if it does this «the court will not normally examine the merits of the factual determination».

The new duties include: a general duty to promote equality of opportunity which applies to most public authorities; a range of specific duties applying only to named authorities, to reinforce the general duty; and an obligation not to discriminate in the performance of public functions, where this is not already covered by existing legislation.

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).

Public bodies, including further education institutions, local authorities, maintained schools, maintained nursery schools, academies and free schools are covered by the public sector equality duty and when carrying out their functions must have regard to the need to eliminate discrimination, promote equality of opportunity and foster good relations between disabled and non-disabled children and young pPublic bodies, including further education institutions, local authorities, maintained schools, maintained nursery schools, academies and free schools are covered by the public sector equality duty and when carrying out their functions must have regard to the need to eliminate discrimination, promote equality of opportunity and foster good relations between disabled and non-disabled children and young ppublic sector equality duty and when carrying out their functions must have regard to the need to eliminate discrimination, promote equality of opportunity and foster good relations between disabled and non-disabled children and young people.