Sentences with phrase «general the provisions do»

In general the provisions don't apply to independent contractors.

Not exact matches

But in general, if a fast - track budget bill contains a provision that doesn't have anything to do with federal revenue and spending than it's probably «extraneous.»

«The Honest Ads Act would extend the McCain - Feingold law «electioneering communication» provisions — i.e., TV / radio ads that name a candidate within 30 days of a primary or 60 days of a general election but do not expressly advocate the candidate's election or defeat — to certain online ads,» Ryan said.

However, the SEC recognizes that certain experienced investors don't need the same protections as the general public, and the laws and regulations that the SEC follows have provisions defining what's known as an accredited investor.

The material presented in this newsletter is of a general nature and does not constitute the provision by PNC of investment, legal, tax, or accounting advice to any person, or a recommendation to buy or sell any security or adopt any investment strategy.

The Constitution, in some of its most important provisions, is quite general, not meant to be taken in full literalness, and therefore dangerous in the hands of those who do not interpret such provisions in the light of the principles that underlie and animate them.

In most states in America, there is not and enforcement provision; however in the states that do have enforcement provisions outside of a lawyer and related to breastfeeding violations that are not an assault charge, you would normally typically have to go through the attorney general's office and do a civil claim.

Those changes include empowering Comptroller Tom DiNapoli's office to review all SUNY and Office of General Services contracts of more than $ 250,000, block state - affilaited entities from doing business with their boards of directors and creation of a database of deals to show the total value of subsidies and other inducements awarded to businesses as well as provisions for clawing the money back.

The legislation does what it says on the tin, basically making provision about the determination of the day of the poll at the first ordinary general election for membership of the Scottish Parliament after 2016 and about the year in which local government elections fall to be held.

Unlike my requirement in Maine almost twenty years ago, to this day, New Jersey does not require its pre-service general education teachers to take even one credit of coursework specifically aimed at learning to teach students with special needs in general education classrooms, which I believe at least partly explains New Jersey's problematic record on implementing the least restrictive environment provisions of IDEA.

These provisions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection.

Brad Wenstrup (R) does not focus much on general college affordability; instead, he cosponsored a bill with work - stud program provisions for military veterans.

If the Administrator finds that the financial responsibility, experience, character and general fitness of the applicant are such as to warrant belief that the business will be operated pursuant to the Credit Services Organization Act and rules promulgated pursuant thereto, the Administrator shall grant the application and issue to the applicant a license which will evidence his authority to do business under the provisions of the Credit Services Organization Act.

According to Flanagan temporary restraining orders under Section 209A of the Massachusetts General Laws include the most obvious provisions: turn in any guns, stay 500 feet away from the complainant or children, don't phone, don't visit the complainant's workplace.

As Advocate General Bobek explained, even though «[t] he first port of call in any interpretative exercise is the text of the provision,» which here would seem to support EFfCI's reading, and although one can not «simply ignore the text and set sail on the foggy sea of effet utile,» in this case the context and purpose of the Cosmetics Regulation confirmed the fact that it was intended to discourage more than just animal testing done with the «intent» of complying with EU rules (AG's Opinion paras 77 - 78).

The Advocate General did not, however, consider Article 15 (1) a derogation to the E-Privacy Directive (and therefore not a provision that required strict interpretation).

-LRB-...) the OCTs are subject to the special association arrangements set out in Part Four of the Treaty, with the result that, failing express reference, the general provisions of the Treaty, whose territorial scope is in principle confined to the Member States, do not apply to them -LRB-...).

As reflected in the travaux préparatoires, article XIV was originally drafted in almost identical wording as a second paragraph of the then article X addressing the rights and duties of federal or non-unitary contracting states (now article XI).1390 As drafted at the time, this proposed reciprocity provision did not meet unanimous approval, as some delegations wished to clarify that it would only apply to federal states.1391 It was not until the United Nations Conference on International Commercial Arbitration convened for the preparation and adoption of the Convention that the representative for Norway proposed an amendment for a general reciprocity clause that would stand as a separate article.1392 A majority of the delegates accepted this amendment on the very last day of the Conference.

Given the antecedents of s 222 mentioned above, the Court of Appeal noted that that provision does not confer substantive powers but is simply a procedural measure which gives powers to local authorities, previously vested only in the attorney general.

An opinion released Wednesday by Attorney General Michael Mukasey holds that «neither the Constitution nor any statutory or regulatory provision entitles an alien to a do - over if his initial removal proceeding is prejudiced by the mistakes of a privately retained lawyer.»

The Advocate General correctly noted that the right to rectification, erasure and blocking of data in Article 12 (b) is subject to the proviso that the processing does not comply with the provisions of the Directive, «in particular because of the incomplete or inaccurate nature of the data».

«15 With wire communications however, there is no such limitation, as this statute does not include wire communications, such as communications over the internet including email and instant messenger.16 While this statute is placing a general prohibition on the interception of electronic communications, the statute contains provisions that allow government officials to conduct wiretap surveillance under the authority of a court based on probable cause.17

As a conclusion, one can say that the CJEU did not only reply to the question raised by Advocate General Kokott whether «EU law require [s] the courts of the Member States to refrain from applying certain provisions of their national law on the limitation periods applicable to the prosecution of criminal offences in order to guarantee the effective punishment of tax offences» (§ 1 of the Opinion).

Essentially, we've taken away the restrictions on competition in the legal services market, and in doing so we've fostered a general climate of innovation and creativity in the provision of legal services.

If, for example, a loss (e.g. corrupted accounting data, theft from the general account) does not relate to the provision of professional services, LAWPRO coverage would not apply.

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

Some vague protection of whistleblowers is also provided by the general provisions of the Labor Code and other regulations, which, however, do not specifically address the protection of whistleblowers as such.

Furthermore, the Court noted that more recent amendments to Section 1391 in 2011 appeared to confirm that the Fourco decision remained good law, since the general venue provision now includes a savings clause stating that it does not apply when «otherwise provided by law -LSB-.]»

Firstly, the general non-discrimination clause of Article 10 TFEU and the legal basis of Article 19 TFEU (enabling the EU to take action to combat discrimination) do not refer to obesity as a discrimination ground; so neither of these provisions can bring obesity discrimination within the scope of EU law.

The JVA included a provision which related to the necessary notice to effect termination, but did not include the consequences of termination, such as whether a dissolution or a buy - out would take place with respect to the parties» interests in the general dentistry practice.

The insertion of «and» instead of «or» at the end of clause (b) does suggest the three clauses should be read together, rather than reading clause (c) as a stand - alone provision inviting an attorney general to apply to intervene in proceedings.

The issue of whether it is discriminatory to enhance maternity pay but not shared parental pay remains unresolved by the higher courts, but this decision ought to prompt employers to review their policies about enhanced pay to avoid falling into the trap that Network Rail did, and also to ensure that there is parity between the provisions of any policies relating to shared parental leave in general.

So for instance, where the State Proceedings Act, 1998, Act 555 requires that the Attorney General must be given 30 days» notice before any action is commenced against the Republic of Ghana [3], a Judge does not have any discretion in such a breach of this statutory provision.

No doubt its provisions did in general apply to such receiverships but they could not override the scheme inherent in the detailed provisions of CJA 1988.

The Bill does not contain any provisions for two structural parts of the Jackson reforms — the 10 % increase in general damages and qualified one - way cost shifting (QOCS).

The provision does not provide a general right to medically assisted death due to suffering, nor does Carter provide for such a right.

After the verdict, the defendants brought a «threshold motion» (Shaw v. Mkheyan, 2017 ONSC 851) for a declaration that Mr. Shaw's claims for general damages and future care costs were barred on the basis that his injuries did not fall within the exceptions to the statutory immunity provided for in sections 267.5 (3)(b) and 267.5 (b) of the Insurance Act, RSO 1990, c. I. 8 and the applicable regulations (the «threshold provisions»).

(2) If a strata plan was deposited under the Condominium Act, and the owner developer holds the first annual general meeting within the time limit that would have applied if the relevant provisions of the Condominium Act were still in force, section 17 (b) of the Act does not apply.

Finally, the Board did not have expertise in statutory interpretation but rather in «complex matters of valuation of property», a point underscored by form of the statutory appeal clause: «While the Board may have familiarity with the application of the assessment provisions of the Act, the legislature has recognized that the Board's specialized expertise does not necessarily extend to general questions of law and jurisdiction» (at para. 87).

To more clearly address where the substantive and procedural requirements of other provisions in this section apply, we have deleted the general sentence from the NPRM which stated that the provision «does not apply to uses or disclosures that are covered by paragraphs (b) through (m)» of proposed § 164.510.

(iii) Moreover, «privileged communication» is defined in the set of regulations of the Dubai Financial Supervisory Authority (DFSA), the regulator of financial services in DIFC, as «a privilege arising from the provision of professional legal advice and any other like privilege properly applicable at law to the communication in question, but does not include a general duty of confidentiality».

From the initial invitation in 1965 from Jean Lesage's Justice Minister Claude Wagner to take over the Office de Révision du code civil, originally set up during the Duplessis years with Thibaudeau Rinfret and André Nadeau, Crépeau's vision and his life work was la révision du Code civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old Code.

From the initial invitation in 1965 from Jean Lesage's Justice Minister Claude Wagner to take over the Office de Révision du code civil, originally set up during the Duplessis years with Thibaudeau Rinfret and André Nadeau, Crépeau's vision and his life work was la révision du Code civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old... [more]

Although public welfare legislation often uses very broad and general terms in order to promote public safety in a wide variety of circumstances, this does not allow for an interpretation of these provisions without reasonable limits.

This could be done through stipulation in the NTA that the non-extinguishment principle applies, either by a general provision to this effect with particular exceptions identified, or by identifying tenures the creation of which would have a non-extinguishing effect.

[20] The 1998 Provision of Financial Assistance by the Attorney - General in Native Title Cases guidelines did provide for a consideration of the applicant's financial circumstances «where appropriate» when determining whether assistance will be granted.

It is important to remember that the Attorney - General is required to grant assistance, only when it is «reasonable» to do so (see above in Provisions in Section 183).

This subsection contains a general statement of how the Tribunal is to operate but as a matter of statutory interpretation does not override the specific provisions of s 76 which, for the reasons already explained, the Tribunal regards as mandatory (see South Australian Commissioner for Prices and Consumer Affairs v Charles Moore (Aust) Limited (and others) 1997 138 CLR 449 (per Gibbs J at 462).