Sentences with phrase «order under paragraph»

(3) If a court makes an order under paragraph (2)(b) for the alleged offender to be brought before another court:

(4) If a bankruptcy trustee is a party to a proceeding before the court, the court may make an order under paragraph (1)(d) directed to the bankrupt.

(5) If the trustee of a personal insolvency agreement is a party to a proceeding before the court, the court may make an order under paragraph (1)(d) directed to the debtor subject to the agreement.

(da) if the person who committed the current contravention fails, without reasonable excuse, to enter into a bond as required by an order under paragraph (d)-- impose a fine not exceeding 10 penalty units on the person;

(7) If the trustee of a personal insolvency agreement is a party to a proceeding before the court, the court may make an order under paragraph (1)(e) directed to the debtor subject to the agreement.

(3) If the court enters an order under paragraph (1)(a) or paragraph (1)(b) to prevent the removal of the child from this state or country, the order may include one or more of the following:

(2) The court must not make an order under paragraph (1)(c) if it would not be in the best interests of the child for the court to do so.

(1) If a court makes a community service order under paragraph 70NFB (2)(a) in respect of a person, or an order under paragraph 70NFB (2)(b) requiring a person to enter into a bond in accordance with section 70NFE, the following provisions have effect.

(c) if the court does not make an order under paragraph (2)(g)-- make at least one order under subsection (2), being the order (or orders) that the court considers to be the most appropriate of the orders under subsection (2) in the circumstances.

Note 2: Paragraph (1)(a)-- before making an order under this paragraph, the court must consider seeking the advice of a family consultant about the services appropriate to the person's needs (see section 11E).

(5) If a court proposes to make a community service order under paragraph 70NFB (2)(a), it must, before doing so, explain to the person in respect of whom it is made, in language likely to be readily understood by the person:

(3) If the court makes an order under paragraph (1)(a), the principal executive officer of the court must ensure that the provider of the program concerned is notified of the making of the order.

(5) Without limiting paragraph (2)(b), the court may make an order under that paragraph for the purpose of allowing the lawyer who is to represent the child's interests to find out what the child's views are on the matters to which the proceedings relate.

the court must consider making an order under paragraph (1)(b) to compensate the person for the time the person did not spend with the child (or the time the child did not live with the person) as a result of the contravention.

«The court shall make an order under this paragraph if, but only if, it is satisfied that any prejudice caused by the order --(a) is capable of being adequately compensated for by money; or (b) is outweighed by the benefit accruing from the order to the persons whose access to a telecommunication system will be secured by the order; and in determining the extent of the prejudice, and the weight of that benefit, the court shall have regard to all the circumstances and to the principle that no person should unreasonably be denied access to a telecommunication system...»

If a justice... makes an order under subsection 515 (2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523 (2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

If a justice... makes an order under subsection 515 (2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523 (2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review

The same shall apply to cases where the person subject to the Order has filed a petition for the revocation of the order and the court has confirmed that the person who petitioned for the said Order does not object, when three months have elapsed from the day the order under Article 10, paragraph 1, item 1 or paragraphs 2 to 4 came into effect or when two weeks have elapsed from the day the Order under paragraph 1, item 2 of the same Article came into effect.

Article 11 Cases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unknown).

(c) the making of orders (including provisional orders) for the variation, discharge, suspension or revival of maintenance orders registered in accordance with regulations under this section or of maintenance orders or provisional maintenance orders transmitted to other jurisdictions in accordance with regulations under this section, and the effect in Australia of orders under this paragraph;

Not exact matches

First, it sought an order under sections 12 and 13 and paragraphs 73 (c), (e), (g) and (i) of NEBA declaring that certain Burnaby bylaw provisions did not apply to elements of the TM project and that therefore TM could begin its work notwithstanding that it had not yet received the necessary approvals under these bylaws.

Consequently, the Board concluded that the bylaws in question were (at 25): «inapplicable to the extent that they impair the Terminal Work as authorized by paragraphs 73 (c), (e), (g), and (i) of the NEB Act, and the Certificate and relevant Board orders issued under the NEB Act.»

Personnel whose fingerprints are not retained by the Department of Law Enforcement under paragraphs (a) and (b) must be refingerprinted and rescreened in accordance with subsection (2) upon reemployment or reengagement to provide services in order to comply with the requirements of this subsection.

If an employee, vehicle, or all or part of an employer's commercial motor vehicle operations is ordered out of service under paragraph (5)(A), the commercial motor vehicle operations of the employee, vehicle, or employer that affect interstate commerce are also prohibited.

If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation --

(1.1) At any time after five years after a bankrupt who has a debt referred to in paragraph (1)(g) ceases to be a full - or part - time student, as the case may be, under the applicable Act or enactment, the court may, on application, order that subsection (1) does not apply to the debt if the court is satisfied that

«(3) The Administrator may decrease the frequency of review and revision under paragraph (1) if the Administrator determines that such decrease is appropriate in order to synchronize such review and revision with any similar review process carried out pursuant to the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992, or to an agreement negotiated under that convention, except that in no event shall the Administrator carry out such review and revision any less frequently than every 10 years.

Since the (negative) Commission decision was addressed only to Germany, the question had arisen whether Switzerland — being a non-member State — could avail itself of the Agreement in order to establish locus standi under the same conditions as the EU Member States (i.e. under Article 230 Paragraph 2, rather than 4, TFEU).

Therefore under paragraph 21.7 of FPR 2010, PD12B, the court will order a fact - finding hearing where appropriate in the circumstances.

Article 2 With regard to cases concerning an order issued prior to the enforcement of this Act pursuant to the provisions of Article 10 of the Act on the Prevention of Spousal Violence and the Protection of Victims prior to the revision by this Act (referred to as the «Old Act» in the following paragraph) pertaining to a petition for an order under the same Article, the provisions then in force shall remain applicable.

A petition for an order under Article 10 paragraphs 1 to 4 (hereinafter referred to as «Protection Order») shall be filed with a document containing the following matorder under Article 10 paragraphs 1 to 4 (hereinafter referred to as «Protection Order») shall be filed with a document containing the following matOrder») shall be filed with a document containing the following matters:

(a) A lawyer shall not reveal information protected by the attorney - client privilege under applicable law or other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c).

(3) Without prejudice to any other power to deal with an act of contempt under paragraph (a) of subsection (1), the court may order the instrument, or any recording made with it, or both, to be forfeited; and any object so forfeited shall (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in such manner as the court may direct.

She went on to consider whether the child was being detained under the interim care order and concluded that the child's present situation did not breach her rights under Article 29 of the VCDR [paragraphs 32 and 35].

evidence described in paragraph 7 of Schedule 1 where the application for a domestic violence protection order has been made under section 27 of the Crime and Security Act 2010

If no payment is required by paragraph 1, an additional payment to the insured person's dependants and the persons, other than a former spouse of the insured person, to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order, to be divided equally among the persons entitled, of,

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

If no payment is required by paragraph 1, an additional payment to the insured person's dependants and the persons, other than a former spouse of the insured person, to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order, to be divided equally among the persons entitled, in an amount equal to $ 25,000 if the accident occurred before October 1, 2003 or, if the accident occurred on or after October 1, 2003,

22 Similarly, the contracting authority is not under an obligation to provide an unsuccessful tenderer, upon written request from it, with a full copy of the evaluation report (see order of 20 September 2011 in Case C ‑ 561 / 10 P Evropaïki Dynamiki v Commission, paragraph 25).

As applied to the stage reached here in the DIFC, the agreement to arbitrate is sufficient waiver to the orders for recognition under Article 42 of the Arbitration Law which are contained in paragraphs 1 and 2 of this Court's order of 29 May 2017, and (though less clearly) the orders for enforcement as a judgment under Article 43 as contained in paragraphs 3 and 4, since they do not deal with execution and actual enforcement on assets.

Under this paragraph, the burden of proof is on the parent filing the petition, motion or order to show cause.

The party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal that: (a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and (b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim.

27 The recommendations of the Commission under paragraph 13, except those related to pensions, shall come into effect on the first day of April in the year following the year the Commission began its inquiry, except in the case of salary recommendations which shall come into effect on the first of April in the year in which the Commission began its inquiry and shall have the same force and effect as if enacted by the Legislature and are in substitution for the provisions of any schedule made pursuant to this Agreement and shall be implemented by the Lieutenant Governor in Council by order - in - council within sixty days of the delivery of the Commission's report pursuant to paragraph 15.

However, fees will also be payable after 12 October 2013 where the application relates to chancel repair liabilities under paragraph 15, schedule 4, Land Registration Fee Order 2012.

In a document titled The Case for Reforming the Personal Information Protection and Electronic Documents Act the Commissioner recommended that the law be amended to require private sector organizations «to publicly report on the number of disclosures they make to law enforcement under paragraph 7 (3)(c. 1), without knowledge or consent, and without judicial warrant, in order to shed light on the frequency and use of this extraordinary exception.»

52 It is in order to achieve that objective that, through the waiver of residence clauses under Article 7 thereof, Regulation No 883/2004 provides, subject to the exceptions set out therein, for the cash benefits falling within its scope to be exportable in the host Member State (see, to that effect, Case C ‑ 20 / 96 Snares [1997] ECR I ‑ 6057, paragraphs 39 and 40).

(v) For purposes of paragraph (e)(1) of this section, a qualified protective order means, with respect to protected health information requested under paragraph (e)(1)(ii) of this section, an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that:

Where a disclosure made pursuant to this paragraph is required by law, such as in the case of an order from a court or administrative tribunal, the minimum necessary requirements in § 164.514 (d) do not apply to disclosures made under this paragraph.

Paragraphs 5 and 6 list a number of applications (enforcement orders, orders for compensation for financial loss, attachment of a warning notice to contact orders, revocation or amendment of enforcement orders, and exercise of powers following breach of enforcement orders) in which the court should exercise its power under s 65 (2) of the Magistrates Courts Act 1980 to treat the proceedings as «family proceedings».

(b) order an organization to publish a notice of any action taken or proposed to be taken to correct its practices, whether or not ordered to correct them under paragraph (a); and