Sentences with phrase «exercising public functions»

The High Court has already distinguished YL and held that many registered social landlords, in receipt of a large element of public subsidy and used as a means of achieving governmental policy in relation to affordable housing, are, in allocating and managing social housing, exercising public functions.

Furthermore, YL may not be the final word on the question of when bodies are exercising public functions for the purpose of HRA 1998, s 6.

His argument runs: Marriage is a public function; bodies exercising public functions have a duty not to discriminate; therefore if they offer marriages, they have a duty to offer civil partnerships, despite the explicit language to the contrary in s. 202 itself and elsewhere.

«Conflict of interest represents a situation where the person exercising a public function has a personal interest of patrimonial or commercial nature, which could influence the objective fulfilment of the duties incumbent on public officers under the Constitution and international standards.»

The House of Lords considered the question of whether a care home, in providing care and accommodation to the elderly appellant, YL, who suffered from alzheimer's disease, was exercising a public function for the purposes of s 6 (3) of the Human Rights Act 1998 (HRA 1998).

Not exact matches

While the American Republic had no established church, the American state took a positive and benign attitude toward the full, free, and quite visibly public exercise of religion, not least at major state functions and national celebrations.

Bishop Azariah of Dornakal, in theologically justifying the rejection of the reserved minority communal electorate offered by Britain to the Christian community in India, spoke of how the acceptance of it would be «a direct blow to the nature of the church of Christ» at two points — one, it would force the church to function «like a religious sect, a community which seeks self - protection for the sake of its own loaves and fishes» which would prevent the fruitful exercise of the calling of the church to permeate the entire society across boundaries of caste, class, language and race, a calling which can be fulfilled only through its members living alongside fellow - Indians sharing in public life with a concern for Christian principles in it; and two, it would put the church's evangelistic programme in a bad light as «a direct move to transfer so many thousands of voters from the Hindu group to the Indian Christian group» (recorded by John Webster, Dalit Christians - A History).

Indeed, both the Constitution and the Convention require public officers to abstain from all acts that may compromise the exercise of their public office and functions, or are inconsistent with their entrusted positions.»

Justice Ademola was also said to have on January 5, 2015 in his capacity as a public servant «corruptly received from Joe Odey Agi a BMW Saloon 320i valued at N8, 500,000 through your son, Ademide Ademola, as gratification in the exercise of your of your official functions as the judge of the Federal High Court of Nigeria».

The fact that these laws are signed by former governors in the exercise of their functions as public officials and now benefiting from the entitlements under such laws while serving as senators and ministers raise serious conflict of interest issue under paragraph 5 of article 8 of the convention.»

As a consumer protection agency, the Board's highest priority is protection of the public in exercising its regulatory, licensing, inspection, and disciplinary functions.

Judges exercise considerable power, and discharge a crucial public function.

But judges also exercise a defined and limited public function, and in doing so they are human, not superhuman.

Officially titled An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies, the bill «imposes a duty of religious neutrality, in particular on personnel members of public bodies in the exercise of the functions of office» and also recognizes «the importance of having one's face uncovered when public services are provided and received so as to ensure quality communication between persons and allow their identity to be verified, and for security purposes.»

The proposals state that only information which will «relate to» the exercise of a public function or provision of public services under contract will be disclosable (ss 7 (5) and (6)-RRB-.

Section 5 provides for the extension of FIA 2000's provisions (by order) to bodies not falling within the class of core public authorities, if they appear to the secretary of state either to: exercise functions of a public nature; or provide under contract with a public authority any service the provision of which is a function of that authority.

Section 145 contains the relevant provisions, the fulcrum of which is sub-s 1 which reads as follows: «A person (P) who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions (eg s 21 of the National Assistance Act 1948) is to be taken for the purposes of sub-s (3)(b) of section 6 of the HRA 1998 (acts of public authorities) to be exercising a function of a public nature in doing so.»

Publicness Assuming for the moment that the proportionality defence may not have the «Heineken effect» to reach the private sector, the key issue will be whether, in seeking possession, provider associations are exercising functions of a public nature, as opposed to private acts, for the purposes of the Human Rights Act 1998, s 6.

(2) Public institutions, such as state - owned hospitals, will not be held criminally liable for actions taken in the exercise of their public domain role / function, but can be criminally liable for offences committed while acting outside such public funcPublic institutions, such as state - owned hospitals, will not be held criminally liable for actions taken in the exercise of their public domain role / function, but can be criminally liable for offences committed while acting outside such public funcpublic domain role / function, but can be criminally liable for offences committed while acting outside such public funcpublic functions.

The Bill provides that public body personnel must maintain religious neutrality in the exercise of their functions.

Such an exercise runs the risk of confusing the very different perspectives and principles which govern the exercise by the Court of Protection of its functions and those which govern the exercise by the public authority of its functions — and, in consequence, the very different issues which arise for determination in the Court of Protection in contrast to those which arise for determination in the Administrative Court.

By: Alice Woolley PDF Version: Judgmental Judges Case Commented On: Abdulaali v Salih, 2017 ONSC 1609 (CanLII) Introduction Judges exercise considerable power, and discharge a crucial public function.

The Attorney General or other public officials with a prosecutorial function are entitled to a strong presumption of exercising prosecutorial discretion independently of partisan concerns.

This is the price we all must pay for «the benefit of the public, whose interest it is that judges should be at liberty to exercise their functions with independence and without fear of consequences.»

Secondly, the Court decides that the public schools are an appropriate place to exercise «symbolic speech» as long as normal school functions

An A.G. or other public official with a prosecutorial function are entitled to a presumption of exercising prosecutorial discretion independently of partisan concerns, and a Minister's membership in Cabinet does not displace that presumption.

Every public body and its officers, employees and agents acting within the scope of their employment or duties... are immune from liability for... Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.

wouldn't tell the public that the problem is not the Law Society's problem, as in effect it does; (15) LSUC's website wouldn't state that lay benchers «represent the public interest,» which is impossible now that we are well beyond the 19th century; (16) CanLII's services would be upgraded in kind and volume to be a true support service, able to have a substantial impact upon the problem, and several other developed support services, all provided at cost, would together, provide a complete solution; (17) LSUC's management would not be part - time management by amateurs - amateurs because benchers don't have the expertise to solve the problem, nor are they trying to get it, nor are they joining with Canada's other law societies to solve this national problem; (18) the Federation of Law Societies of Canada would not describe the problem as being one of mere «gaps in access to legal services» (see its Sept. 2012 text, «Inventory of Access to Legal Services Initiatives of the Law Societies of Canada» (1st paragraph), (19) LSUC would not be encouraging the use alternatives to lawyers, such as law students, self - help, and «unbundled, targeted» legal services, as a «cutting costs by cutting competence» strategy; and, (20) it would not be necessary to impose an Ontario version of the Clementi Report (UK, 2004) that would separate LSUC's regulatory functions from its representative functions, to be exercised by separate authorities.

In providing care and accommodation, a care home is not exercising functions of a public nature within s 6 (3)(b) of the Human Rights Act 1998.

The Bill provides that employees of public bodies must demonstrate religious neutrality in the exercise of their functions by being careful to neither favour nor hinder a person because of the person's religious affiliation or non-affiliation.

That statute precludes liability for «any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee...» For purposes of the statute, discretionary conduct must involve policy making or planning and not merely an ad hoc determination.

Public authority power The fact that the claimants were acting as public authorities exercising coercive powers of the state in carrying out its public function in respect of the centre did not per se put them outside the scope of RAPublic authority power The fact that the claimants were acting as public authorities exercising coercive powers of the state in carrying out its public function in respect of the centre did not per se put them outside the scope of RApublic authorities exercising coercive powers of the state in carrying out its public function in respect of the centre did not per se put them outside the scope of RApublic function in respect of the centre did not per se put them outside the scope of RA 1886.

It specifically provides that government and public agency staff should exercise religious neutrality in the exercise of their functions, which implies not favouring or discriminating against a person because of membership or not in a specific religion.

For example, making a «false document» with the intention that it will be used dishonestly to induce a a Commonwealth public official to accept it as genuine, thereby dishonestly obtaining a gain or influencing the exercise of a public duty or function, is an offence punishable by up to 10 years in prison: s 144.1 (1).

So, Lords Mance, Scott and Neuberger won 3 - 2 against Lord Bingham and Baroness Hale, ending a legal saga dating back to at least R (Heather and Others) v Leonard Cheshire Foundation [2002] EWCA Civ 366, [2002] 2 All ER 936 where the Court of Appeal found that the Leonard Cheshire Foundation was not exercising statutory powers or performing a public function in providing care services to residents placed at public expense by the local authority under NAA 1948.

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).

(1) Notwithstanding any provision of this Act other than subsection (3), and any provision of the Public Service Act 1999 or any other law, in the performance of a function or the exercise of a power under this Act, under the regulations or under the standard Rules of Court (other than a power delegated by standard Rules of Court under subsection 37A (1)-RRB-:

Despite supposedly being «side by side» in an equal relationship, the participant explained that it is the man who exercises the position of power and prominence in the public social framework and the woman the function of helper.