Sentences with phrase «statutory purpose of»

In January DECC submitted an appeal in which they noted that «the High Court's decision was based on the view that the proposed approach to implementing new tariffs for solar PV is inconsistent with the FIT scheme's statutory purpose of encouraging small - scale low - carbon electricity generation» But DECC said «The overriding aim of the proposed reduction in tariffs for solar PV (as set out in the recent consultation) is to ensure that over the long term as many people as possible are encouraged to install small scale low - carbon generation (including other technologies as well as solar PV) and benefit from the funding available for the FIT scheme.

The statutory purpose of ESSA is to «allow States and LEAs the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs of Sates and LEAs.»

In this case, where Mr. White's Guideline range was more than doubled on the basis of acquitted conduct, the District Court did not adequately examine whether the sentence complied with the SRA and, in particular, the statutory purposes of sentencing.

Acquitted conduct enhancements in some cases — especially when they significantly affect the applicable Guideline range and the ultimate sentence imposed — may disserve the statutory purposes of sentencing that Congress enumerated in 18 U.S.C. § 3553 (a) and sought to vindicate in the SRA.

The Bureau also believes that generally preserving this aspect of current regulation promotes the informed use of credit, and is thus consistent with the statutory purposes of TILA.

Not exact matches

According to the draft, the act's purpose is to «create a statutory structure for regulating the «virtual currency business activity» of person offering services or products to residents of enacting states.»

We, the undersigned, citizens of Canada, call upon the Government of Canada to restore the use of the Bank of Canada to its original purpose, by exercising its public statutory duty and responsibility.

For example, if Bitcoin is not a currency, then Bitcoin forwards and Bitcoin swaps that involve the exchange of Bitcoin for another currency will not fall under the statutory definitions of the more lightly regulated foreign exchange forwards or foreign exchange swaps.10 Likewise, retail trading of Bitcoin derivatives will be limited to designated contract markets, rather than subject to the retail foreign exchange dealer regulations.11 Treating Bitcoin as a commodity that is not a currency dovetails with the stances taken by other U.S. regulators such as the Financial Crimes Enforcement Network (FinCEN)(virtual currency does not have all of the attributes of real currency) 12, the Securities and Exchange Commission (Bitcoin investments are investment contracts because Bitcoin is a form of money) 13 and the Internal Revenue Service (treating Bitcoin as property for tax purposes).14

Further, the Departments did not have a mandate to require plans and issuers to use different databases for the purposes of implementing the Patient Protections statutory requirements from what they may currently use, and the Departments decline to mandate the use of one particular database in the limited context of this rulemaking.

THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

The Statutory Instrument for England (SI 2016 No 688) is to enforce the provisions of EU Regulation 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control.

SLEEP LADY SOLUTIONS, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES» RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Ahead of the expected launch of a consultation on a statutory residence test for tax purposes tomorrow, the Chartered Institute of Taxation (CIOT) has repeated its support for such a test and set out its views on the principles the test should be based on.

He canvassed for better remuneration for pressmen for the purpose of fulfilling their statutory obligation of strengthening democracy for the good of all.

Towards this end, states governments have been given a 21 days ultimatum to disarm vigilantees and neighbourhood watch group, hunters and watch - night men or any group or association under any capacity or guise other than statutory security agencies recognized and gazetted by the Federal Government of Nigeria to bear firearms of specified category; who are currently possessing and using prohibited / illegal firearms such as Pump action gun and the likes for whatsoever purpose.

Dr. Kimberley O'Brien disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: merchantability, fitness for a particular purpose, and non-infringement.

MAMA NATURAL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES» RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In accordance with statutory requirements, we can, for the purposes of advertising, market research and to improve our services further analyse user profiles under a pseudonym, but only if you have not made use of your legal right to object to this use of your data at any time.

It's a really useful guide for schools, and while it isn't a statutory framework, it can't be ignored; if the purpose of school is to prepare young people for their future lives, online safeguarding is probably the most important topic for any school to tackle.

Notice of Development of Rulemaking DEPARTMENT OF EDUCATION State Board of Education RULE NO.: RULE TITLE: 6A - 1.09981 Implementation of Florida's System of School Improvement and Accountability PURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation.of Development of Rulemaking DEPARTMENT OF EDUCATION State Board of Education RULE NO.: RULE TITLE: 6A - 1.09981 Implementation of Florida's System of School Improvement and Accountability PURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation.of Rulemaking DEPARTMENT OF EDUCATION State Board of Education RULE NO.: RULE TITLE: 6A - 1.09981 Implementation of Florida's System of School Improvement and Accountability PURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation.OF EDUCATION State Board of Education RULE NO.: RULE TITLE: 6A - 1.09981 Implementation of Florida's System of School Improvement and Accountability PURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation.of Education RULE NO.: RULE TITLE: 6A - 1.09981 Implementation of Florida's System of School Improvement and Accountability PURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation.of Florida's System of School Improvement and Accountability PURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation.of School Improvement and Accountability PURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculaPURPOSE AND EFFECT: The purpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculapurpose and effect of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation.of the rule development is, primarily, to revise the rule to conform to statutory changes by creating a new school grades calculation...

There is no statutory definition of many of the terms used in Proposition 39, such as what constitutes the construction, replacement or furnishing and equipping of school facilities for Proposition 39 purposes.

There are two preconditions: A state must have an approved application for stabilization funds, and at the time of applying, there must be not any legal, statutory, or regulatory barriers at the state level to linking data on student achievement or student growth to teachers and principals for purposes of evaluation.

We believe the content and our application of P Scales is fit for purpose and so we made the decision to continue to use them, despite the removal of the statutory obligation.

It is also where, for purposes of this proceeding, the PED departs from the statutory mandate of uniformity requiring an injunction» (p. 9).

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.

EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, MANNING MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND MANNING SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE.

«The purpose of the Kentucky Board of Home Inspectors is to administer and enforce the statutory authority and to monitor the needs of the consuming public.

VistaBelize.com expressly disclaims all warranties of any kind, whether expressed, implied, or statutory including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Once it became clear that the interstate commerce clause was sufficient, the tax «hook» was dispensed with, but the location of the statutory definition was kept the same for back compatibility purposes.

Given the statutory purposes are clearly distinct, one would expect a much narrower interpretation in the context of SPCs.

For the purposes of an employee's entitlement to a statutory leave of absence, if an employee takes any part of a week as leave, the employer may deem the employee to have taken one week of leave.

Where a workplace accident has occurred, and the employer has statutory duties under sections 18 and 19 of the OHSA and simultaneously undertakes an internal investigation, claiming legal privilege over all materials derived as part of that investigation, an inquiry is properly directed to a referee under Rule 6.45 to determine the dominant purpose for the creation of each document or bundle of like documents in order to assess the claims of legal privilege.

The purpose of section 36 of the Competition Act is to create a statutory cause of action entitling a victim to recover damages caused by conduct that is a criminal offence under the Act.

At trial, the court found that the real purpose of the indemnity was to discourage the wife from reporting the matters in issue to the authorities, and wrote that «it would be in my opinion, contrary to public policy for the courts to lend assistance to the nondisclosure of statutory offences.»

The purpose of this policy is to communicate the statutory right to adoption leave and pay, enabling employees seeking to adopt to prepare and make decisions about their future.

Justice Stratas indicates, in the spirit of this article, that legislative words matter and that there are many contextual factors which might provide that a presumption of deferential review (or reasonableness, whatever we want to call it), is rebutted, and a narrower margin must be accepted: for example, «statutory recipes that must be followed,» statutory purposes, settled case law, discretionary decisions, and importantly, clear statutory language.

Prior to making his Charter argument, he advanced a statutory interpretation argument submitting that he was entitled to deduct his legal fees because they were incurred for the purpose of gaining or producing income from property.

British Airways are seeking to overturn the decision of the BA pension scheme trustees to give themselves power to award discretionary pension increases, following the Government's switch from RPI to CPI for statutory purposes.

The purpose of this provision was to avoid conflict between the generic permission of the UECA and any existing laws that already created a statutory regime for e-documents or e-filing.

[33] While it makes little to no difference for analytical purposes, the alternative defence position, and the one I find more accurately reflects the informational function and mandatory impact of the statutory demand, is that the officer did not make an ASD demand until he read it from his notebook and translated it into non-legalese... [more]

«Faced with a difficult point of statutory interpretation and conflicting judicial authority, the Tribunal adopted a dictionary meaning of «expenses» and articulated what it considered to be a beneficial policy outcome rather than engage in an interpretative process taking account of the text, context and purpose of the provisions in issue.»

[33] While it makes little to no difference for analytical purposes, the alternative defence position, and the one I find more accurately reflects the informational function and mandatory impact of the statutory demand, is that the officer did not make an ASD demand until he read it from his notebook and translated it into non-legalese at approximately 11:25 pm — some 10 minutes after he had formed the reasonable suspicion to make such demand.

Our suggestion is that we should not moralize, in this case via a familiar account of the general purpose of labour law as a whole, a straightforward legal problem of determining statutory purposes and applying the statute rationally in light thereof.

In these cases, the concepts with which we have been dealing, such as «employer» and «employee», even though present, provide no barrier to the protection of those who should be protected, i.e. to the achievement of specific statutory purposes.

We begin by noting that when determining coverage of labour laws (and thus possible and proper segmentation), Canadian courts, at least in some circumstances, simply think in terms of specific statutory purpose (and have not been tripped up along the way by labour law's commonly understood overall purpose).

A second critical point is this — the idea, and any discussion, of the specific statutory purposes at stake were completely dropped out.

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.»

Binnie J. calls for a collapse of the two step approach (select the standard of review and then apply it) such that the 4 pragmatic and functional factors (privative clause / statutory right of appeal; relative expertise; purpose of the statutory scheme; nature of the question) are applied to assess the level of deference within a reasonableness review.

In this regard, employers may consider conducting parallel investigations — one that is conducted with the predominant purpose of preparing for litigation and / or obtaining legal advice and the other for complying with statutory obligations.

It would also include experts retained by a non-party to the litigation (for example, statutory accident benefits («SABS») insurers), who form opinions based on personal observations or examinations relating to the subject matter of the litigation for a purpose other than the litigation (referred to in these reasons as «non-party experts»).