Sentences with phrase «out of the statutory provision»

Not exact matches

In the event that (i) the Board of Directors proposes, recommends, approves or otherwise submits to the shareholders of the Company, for shareholder action, a Deemed Liquidation Event, and (ii) a Holder has not received written notice from the holders of a majority of the shares of Key Holder Common Stock that such holders approve the Deemed Liquidation Event, then such Holder hereby agrees to vote (in person, by proxy or by action by written consent, as applicable) all shares of capital stock of the Company now or hereafter directly or indirectly owned of record or beneficially by such Holder against the Deemed Liquidation Event, to assert statutory dissenters» rights with respect to the Deemed Liquidation Event, and to take such other action in derogation of the Deemed Liquidation Event as shall be requested by the holders of a majority of the shares of Key Holder Common Stock in order to carry out the terms and provision of this Section x.y..

Of course, students who qualify for free meals under the USDA regulations can not be refused free school meals (provided that the proper paperwork has been filled out on their behalf or that they qualify under other regulatory or statutory provisions).

The key points from each strand are highlighted as follows: Early Identification and support • Early identification of need: health and development review at 2/2.5 years • Support in early years from health professionals: greater capacity from health visiting services • Accessible and high quality early years provision: DfE and DfH joint policy statement on the early years; tickell review of EYFS; free entitlement of 15 hours for disadvantaged two year olds • A new approach to statutory assessment: education, health and care plan to replace statement • A more efficient statutory assessment process: DoH to improve the provision and timeliness of health advice; to reduce time limit for current statutory assessment process to 20 weeks Giving parent's control • Supporting families through the system: a continuation of early support resources • Clearer information for parents: local authorities to set out a local offer of support; slim down requirements on schools to publish SEN information • Giving parents more control over support and funding for their child: individual budget by 2014 for all those with EHC plan • A clear choice of school: parents will have rights to express a preference for a state - funded school • Short breaks for carers and children: a continuation in investment in short breaks • Mediation to resolve disagreements: use of mediation before a parent can register an appeal with the Tribunal

MAP - 21 (Section 31208) provides that the Secretary may issue regulations that condition the importation of a motor vehicle or motor vehicle equipment on the manufacturer's compliance with 1) requirements to provide information allowing NHTSA to better track those products once they enter U.S. commerce, 2) statutory prohibitions on the importation of motor vehicles and motor vehicle equipment that do not comply with an applicable FMVSS or contain a safety - related defect, 3) requirements for the provision of reports and records required to be maintained with respect to those vehicles or equipment under the Safety Act, 4) a request by NHTSA to inspect premises, a vehicle or equipment to carry out the purposes of the Safety Act, 5) an order or voluntary agreement to remedy the vehicle or equipment, or 6) any rules implementing these requirements.

Although the Court of Appeal shared the sympathies which Mr Justice McCombe had previously expressed for police officers «who have to confront day in and day out the realities of life rather than the black letter law which this court has to apply» (see Bonner v DPP [2004] EWHC 2415 (Admin), [2004] All ER (D) 74 (Oct)-RRB-, it recognised, as indeed it must, that if the law were to be changed, it was to be achieved by Parliament using the legislative process rather than by the courts according the statutory provision a «liberal» (or illiberal) interpretation.

Wood J urged a new statutory provision for representation, out of public funds (if necessary) analogous to that governing criminal proceedings.

But, they clearly knew they were letting the legal genie out of the statutory bottle — why else would the initial introduction of the Charter in 1982 include a three year grace period before the broad - reaching equality provisions of section 15 came into force and effect?

For instance, within the context of a motor vehicle collision, any such contractual term establishing a subrogation claim would be contradicted and overruled by the specific provisions set out in the Statutory Accident Benefit Schedule and the Insurance Act, which purport that the accident benefits provider and at - fault driver receive a deduction for LTD benefits paid, not the other way around.

The motion judge held that the provision in the policy limiting coverage to claims made within one year of the loss did not override the statutory two - year limitation period set out in s. 4 of the Limitations Act, 2002, S.O. 2002, c. 24 lacked specificity to override the statutory limitation period and that in any event, the contract of insurance was not a «business agreement» as required under s. 22 (5) of the Limitations Act, 2002.

Where a termination provision is silent with respect to severance pay, this does not denote an intention to contract out of the ESA, and the statutory minimum standards remain in place.

In the latter case, subject to any enabling statutory provision, the reviewing court will not consider the merits of the internal decision, but will determine only whether the decision was carried out in accordance with the organization's rules and the requirements of natural justice: see Ukrainian Greek Orthodox of Canada v. Ukrainian Greek Orthodox Cathedral of St. Mary the Protectress, [1940] S.C.R. 586; Lakeside Colony of Hutterian Brothren v. Hofer, [1992] 3 S.C.R. 165; Mott - Trille v. Steed (1996), 27 O.R. (3d) 486 (S.C.).

That jurisdiction is founded on statutory provision which requires the law of the DIFC to be first applied and only in absentia to move on to the cascading subparagraphs» provisions, of which the last is the law of England and Wales, which for reasons which are apparent, in the light of the decisions of the English Courts set out above (Burton J and Briggs LJ) on the absence of immunity of the KRG in the present case, does not assist the KRG.

Mehta v Viking River Cruises (2015), Bermuda Court of Appeal Operation of Bermudian statutory squeeze - out provisions.

However, it can issue a declaration under s. 4 of the Act that the relevant statutory provision is incompatible with the rights set out in the Convention.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»

The plain fact of the matter is that the UK's statutory and extra-statutory provision is not only out of keeping with the original parliamentary objectives of the Road Traffic Act 1930 but it also fails to meet the minimum standards imposed by the Sixth Motor Insurance Directive 2009 / 103 / EC.

Liabilities that arise out of intentional, willful and deliberate non-compliance with set statutory provisions

To help vulnerable children, young people, their families and carers in NSW, the State Government is transitioning the provision of statutory out - of - home care (OOHC) services to the non-government (NGO) sector.

The Commission notes that the proposed Bills do not remove the statutory rights provisions, set out in Part IIB of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

The relevant objects of the Act are set out in s. 3 and are quoted above in that section of these reasons dealing with statutory interpretation under the heading «Substantive provisions of the Act».

The Commission recommends the Government Bills be amended to remove the statutory rights provisions, set out in Part IIB of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)[Recommendation 13].