Sentences with phrase «of a public nature»

Regulation by the state is no real pointer towards the person regulated being a governmental body or a person with a function of a public nature.
By virtue of their public nature, resolutions can be an effective press / PR lever.
The issue of the public nature of theology is a familiar one.
The private and commercial motivation behind the provider's operations did in contrast point against treating the provider as a person with a function of a public nature.
There was no basis on which a private care home could somehow be regarded as exercising functions of a public nature in providing care and accommodation for «self - funders», those who or whose relatives could fund and make their own arrangements.
Note that if you opt for coaching sessions at a public venue, we can not be held responsible for any decreased privacy or breaches of confidentiality because of the public nature of the meeting.
McCoy and his collaborators took advantage of the public nature of the bitcoin blockchain technology to trace ransom payments over a two - year period ¬.
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.
Since I have not in fact» «changed my mind» in any basic way on the availability, of a positive response to all three questions, I will here move on to the more difficult question of the public nature of systematic theologies.
That is, the benefits ECO-C Intervention produces are largely of a public nature.
Also those businesses who carry out functions either wholly or mainly of a public nature (unless they have charitable status) can not claim, i.e. NHS, GP and prison services.
an administrative body; a board or committee officially appointed and empowered to perform certain acts of a public nature (e.g., Human Rights Commission).
It focuses on diverse topics of a public nature and provides information about our courts, judges and CAPCJ's various programs and initiatives.
«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.»
The case presented on behalf of YL, who was represented by the official solicitor, was that Southern Cross, in providing her with care and accommodation, pursuant to BCC's statutory duty, was exercising a function of a public nature which brought it within the definition of public authority, thus requiring observance of her Convention rights in relation to its performance of that function.
Their lordships were agreed that the extent to which the private body has a statutory basis for its operations, or powers to support the performance of its operations, is relevant to a consideration of the public nature of its functions.
It seems clear that to regard a function, which is performed by a private body, as being one of a public nature merely because it is commissioned by a core public authority, would be wrong.
psychoeducation of the public nature of uploading information and images as well as social media's restrictions related to age
The danger of trying to determine whether a function carried out by a private body is one of a public nature by considering the situation if it were carried out by a core public authority has been clearly signalled by this judgment.
In a nice touch, the design team took advantage of the public nature of the welcome center to make electrical conduits, ductwork, and piping all visible to the public, thus highlighting some of the work that goes into making such a sustainable building.
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).
In my opinion the CJEU is of the opinion that no state resources are involved, because of the public nature of the instrument (legislation) that determines which companies do not have to pay for the use of the lanes.
A privatised utility such as Network Rail, for example, will be carrying out functions of a public nature in its role of regulating the railways and ensuring safety standards and in that capacity will be liable under the Act, whereas in its capacity as employer, it may not be liable.
Because of the public nature of the courtroom, when your divorce is litigated, all information is public record.
In November 2011, the Ministry of Justice confirmed that an order had come into effect bringing the university admissions body UCAS, the FOS and ACPO under the scope of the FoI on the basis that they all perform functions of a public nature.
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.
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).
In its complaint, Fastcase argued that laws and regulations are not copyrightable material — after all, laws are of a public nature, so makes little sense for a (private) party to exclude others from publishing those laws for viewing.
Section 3 sets out the function or activity to which the bribe relates, which includes «any function of a public nature... [or] any activity connected with a business, trade or profession».
Many of the offences with which an accused may be charged under the Code of Service Discipline, which is comprised of Parts IV to IX of the National Defence Act, relate to matters which are of a public nature.
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».
Functions of a public nature should be defined on a case by case basis.
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».
Regulation by the state was no real pointer towards the person regulated being a state or governmental body or a person with a function of a public nature, if anything perhaps even the contrary.
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).
The obligation on such hybrid bodies to observe Convention rights attaches only to functions which are of a public nature.
This did not necessarily indicate, however, that the function of providing care and accommodation is one of a public nature.
The existence of a coercive power, such as the power to detain, which is handed to a private body by statute, would tend to suggest that the function performed is one of a public nature.
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