Sentences with phrase «nature of public authority»

Not exact matches

We began by stressing the public nature of the minister's authority.

Concussion and Sports - Related Head Injury: Code 18 -2-25a (2013) requires the governing authority of each public and nonpublic elementary school, middle school, junior high school and high school, working through guidance approved by the department of health and communicated through the department of education, to do the following: (A) Adopt guidelines and other pertinent information and forms as approved by the department of health to inform and educate coaches, school administrators, youth athletes and their parents or guardians of the nature, risk and symptoms of concussion and head injury, including continuing to play after concussion or head injury; (B) Require annual completion by all coaches, whether the coach is employed or a volunteer, and by school athletic directors of a concussion recognition and head injury safety education course program approved by the department.

Concussion and Sports - Related Head Injury: SB189 (2011) requires the governing authority of each public and nonpublic school to provide information to all coaches, officials, volunteers, youth athletes and their parents / guardians about the nature and risk of concussion and head injury, including continuing to play after a concussion or head injury.

That's the unfortunate nature of traditional publishing, which is this opinion - based mechanism in which a small number of individuals have the authority to determine what the public will read.

Local authorities will be patrolling nature reserves this coming Vesak Day holiday, in an effort to educate the public on the dangers of releasing animals into the wild.

The Aarhus Convention through that provision only permitted refusal to access to documents if it would adversely affect «the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature».

The public authority nature of a party will not ordinarily affect the application of normal contractual principles.

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.»

It is nowhere more clearly expressed than in the judgment of Lord Justice Oliver in Cutts v Head [1984] Ch 290, [1984] 1 All ER 597: «That the rule rests, at least in part, upon public policy is clear from many authorities, and the convenient starting point of the inquiry is the nature of the underlying policy.

The management and allocation of housing stock by a registered social landlord is a function of a public nature and the landlord is, therefore, a public authority for the purposes of the Human Rights Act 1998 (HRA 1998).

The management and allocation of housing stock by a housing trust which is a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, is a function of a public nature, with the effect that the registered social landlord is to regarded as a public authority for the purposes of s 6 (3)(b) of the Human Rights Act 1998 and so is amenable to judicial review on conventional public law grounds in respect of its performance of that function.

Section 6 (3)(b) of HRA 1998 provided that a public authority included «any person certain of whose functions are functions of a public nature» save that, by s 6 (5), in relation to a particular act, a person was not a public authority by virtue only of s 6 (3)(b) if the nature of the act was private.

«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.»

However «public authority» is widely defined in s. 6 to include central and local government, the courts, the police, immigration officers and «any person certain of whose functions are functions of a public nature».

In reaching this decision the following were considered to be decisive factors: (i) LQHT was permeated with state control and influence with a view to meeting the government's aims for aff ordable housing; (ii) the nature and extent of the public subsidy of LQHT's activities; (iii) 10 % of LQHT's stock had been transferred to it from the public sector; (iv) that LQHT, as a registered social landlord, was obliged to cooperate with the local authority, if requested, in offering accommodation to people with priority under the authority's allocation scheme; (v) the termination of a tenancy could not be regarded as separate from housing management so as to be considered an act of a private nature.

«It is a fallacy to regard all functions and activities of a core public authority as inherently public in nature.»

The precise formulation differs between DDA 1995 and SDA 1975, but the basic idea is that an authority is caught — whether purely public or hybrid — to the extent to which it carries out functions of a public nature.

An otherwise private body may be regarded as a public authority for the purposes of HRA 1998 if, per s 6 (3)(b), it performs «functions of a public nature».

Functions of core public authorities such as BCC are subject to the Convention, not following an analysis of their nature, but simply because core authorities are obliged to observe Convention rights in all that they do.

The IT acknowledged, however, that for the purposes of s 41, genuine trade secrets or information of a technical nature may still be protected as confidential information since it is information obtained by the public authority from any other person.

In subsequent proceedings the issue arose about whether the provider had «functions of a public nature» and was therefore a public authority, under HRA 1998, s 6 (3)(b).

Lacking the substantial powers and budgets of principal local authorities, local councils still can make a considerable difference at micro level since in their nature they can often reach much closer to their public than their more substantial principal counterparts.

Section 21 of NAA 1948 provided: «(1)... a local authority may... make arrangements for providing --(a) residential accommodation for persons... in need of care and attention which is not otherwise available to them...» Section 6 of HRA 1998 identified two types of public authority — «core» public authorities which were to be so regarded in relation to all their functions and «hybrid» persons with functions both of a public and of a private nature which were only to be so regarded when the nature of their particular act under consideration was public rather than private.

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).

Section 6 clearly envisages that the performance of a function which is public in nature will make an otherwise private body a public authority for the purposes of HRA 1998.