Sentences with phrase «duty of public authority»

Not exact matches

But eventually the determination to throw off all authority — except God «s — won the day, resulting in a new political concept of government and of the public good: the duty of the government was to restrain the selfishness of the individual for the sake of the common good.

The Gender Equality Duty requires public authorities «proactively to address the individual needs of women and men in all their functions» (official guidance).

The new Gender Equality Duty (Equality Act 2006), effective from 6 April 2007, requires all public authorities, including those commissioning parenting services, to have «due regard» to the need to promote equality of opportunity between men and women.

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).

The Duty requires that public authorities prioritise actions that result in significant benefits to gender equality (paragraph 2.26 of the guidance).

The report also said directors of public health in each locality should be a chief officer of the local authority, who has a statutory duty to address the local public health agenda in full.

«No employee shall commit any act or neglect any duty which in any way is prejudicial to good order, discipline, or efficiency, or reflects unfavorably upon the good name and reputation of the Port Authority, or adversely affects the interests of the Port Authority or those of the general public.»

In December 2010, she introduced a private member's bill before Parliament that would amend the Public Libraries and Museums Act 1964 to broaden the scope of the general duty of library authorities so as to include a duty to provide related cultural facilities alongside the library service.

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.

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.

''... [B] ut nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order.»

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.

Beginning March 1, 2015, all administrative duties of the NC Teaching Fellows Program will transfer from the Public School Forum of North Carolina to the NC State Education Assistance Authority (SEAA).

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 Court believed that the situation fell within the pre-existing class of duties which entailed liability if «a public authority... negligent [ly] fail [ed] to act in accordance with an established policy where it is reasonably foreseeable that failure to do so will cause physical harm to the plaintiff.»

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.

The Court of Appeal handed down judgment last week in a public law case concerning the application of the principles of substantial compliance to the apparently mandatory duties of local authorities to use prescribed traffic signs and road markings.

Jennifer Oscroft Specialises in defending local housing authorities and social landlords against public law challenges, offering particularly valuable insight into the housing implications of the Public Sector Equalitypublic law challenges, offering particularly valuable insight into the housing implications of the Public Sector EqualityPublic Sector Equality Duty.

On the 5th April 2017, the Equality Act 2010 (Specific Duties and Public Authorities) Regulations of 2017 brought in a requirement that forces UK companies with a total «headcount» of more than 250 in any one year, to publish data about their gender pay gap.

In the reasoning of the majority this case was among a number where public authorities had been given powers and duties to protect a class of person (the case of powers and duties of local authorities to investigate alleged abuse of children was drawn as a parallel) and in exercising those powers may cause loss to third parties.

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.

& Prof. Code § 6007 (b)(3) provides the bar with this authority if, after notice and an opportunity to be heard, the State Bar Court finds that «because of mental infirmity or illness,» the lawyer is either (1) unable to or «habitually fails to perform his or her duties or undertakings competently,» or is (2) «unable to practice law without substantial threat of harm to the interests of his or her clients or the public.»

Matthew Offord MP, Chair of the Group, said: «Illicit trade exists in every constituency, and as parliamentarians we have a duty to investigate what impact this has on consumers, businesses and our public authorities.

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.

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

This appears to be fertile ground for a proportionality defence and, one suspects, that the pleadings presumptions in Pinnock and Powell (the right to possession coupled with the duties regarding distribution and management of their housing stock) will need to be supplemented with more particular justifications; and, more substantively, that the comment that the public authority landlord's unencumbered property rights are of real weight (Pinnock, at [54]-RRB- will require revisiting.

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.

Emily's talk was infused with practical examples from recent cases and how the duty to consult can apply in practice, drawing on her wealth of experience of advising public authorities.

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.

«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.»

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.

And in, Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, [2015] 1 SCR 401, although the Supreme Court of Canada found it unnecessary to determine whether the wider definition of, «the independence of the bar,» is a «principle of fundamental justice» (Canadian Charter of Rights and Freedoms section 7), i.e., that lawyers, «are free from incursions from any source, including from public authorities,» the majority judgment of Cromwell J., held that the narrower definition is a principle of fundamental justice, i.e., «that the state can not impose duties on lawyers that interfere with their duty of commitment to advancing their clients» legitimate interests.»

Comments: Several commenters recommended expanding the definition of public health authority to encompass other governmental entities that may collect and hold health data as part of their official duties.

The government decided that authorities should not be «burdened» with the requirement to publish the volume of information that the previous government had required them to produce in order to demonstrate that they were complying with the public sector equality duty.

The basis of RA 1886 was a duty on the relevant police authority and the purpose of RA 1886 was to make provision for claims against the public authority with responsibility for order.

If a private sector organisation is involved in the provision of public - style services, there is a possibility that it will be treated as a public authority to that extent in relation to the sex and disability duties.

Unsurprisingly, when formulating the corresponding duties for disability and sex, the government abandoned the list approach in favour of a human - rights - style definition of a public authority.

The government therefore decided to introduce a further duty on all public authorities — with limited exceptions — not to discriminate in the performance of their public functions.

Public authorities should have a duty of care to parents as well as children in suspected child abuse cases, says Seamus Burns

«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.

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.

As indicated, this is part of the duty on public authorities to act fairly.

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».

All three duties have the same core features: they require public authorities, in carrying out their functions, to have «due regard» to the need to eliminate unlawful discrimination and harassment, and to promote equality of opportunity.

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).

Compliance Officer — Duties & Responsibilities Responsible for identification and investigation of suspicious financial transactions Examine financial records, customer activity, and recommend appropriate remedial measures Maintain comprehensive records detailing ongoing investigations, activity reports, and other pertinent data Coordinate investigations and situation reports with legal department and applicable regulatory authorities Develop proficiencies in industry specific financial monitoring software programs Perform public figure, employee, Advice of Drawing, Dreyfuss and International Cash Letter investigations Design and implement employee training and development materials to enhance team efficacy Serve on Oversight Committee to assist in strategic planning and best practice development Train and oversee teller team and bank support staff ensuring professional operations Study internal literature to become an expert on products and services Craft effective presentations and proposals regarding compliance best practices and client investigations Recruit, train, and direct staff ensuring they understand the brand and adhere to company policies and procedures Strictly adhere to budgets and schedules Represent company brand with poise, integrity, and positivity

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.