Sentences with phrase «statutory scheme which»

Having done so, his lordship concluded that there was nothing in the statutory scheme which required one to find contrary to the normal position with non-compliant notices.

For ``... R (D) A 1886, like its predecessors, created a self - contained statutory scheme which did not mirror the common law of tort.»

Your assets would be distributed in accordance with a statutory scheme which may not be in accordance with your wishes.

Not exact matches

The CMEC has two bodies: Child Maintenance Options which provides an information and support service, and the CSA which administers the statutory schemes.

The only exception to the clear statutory scheme involves unanimous approval of liquidation by all stockholders, which, given the Board's perspective, is extremely unlikely.

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.

Unless and until there are appropriate reforms to the statutory accident benefits scheme which will provide fair and readily accessible benefits to accident victims without complex and confusing rules, red tape or bureaucracy, the system will not function efficiently and effectively.

Lord Justice Dyson ruled that the fact that there may be cases where incompetence on the part of the CSA causes loss which can not be recovered under the statutory scheme is not a «sufficient reason» to impose a duty of care.

«Comprehensive federal statutory schemes, such as the SDWA, preclude rights of action under Section 1983 for alleged deprivations of constitutional rights in the field occupied by the federal statutory scheme,» the appeals court wrote in Mattoon, which stemmed from a lawsuit on behalf of 68 Berkshire County, Massachusetts, residents who alleged they came down with giardiasis, commonly known as «beaver fever,» after drinking contaminated water.

The flexibility of our sentencing process should not be misused by imposing inappropriate and artificial sentences in order to avoid collateral consequences which may flow from statutory scheme or from legislation, thus circumventing Parliament's will.

Home Office Circular 16/2008 — Simple Cautioning of Adult Offenders: This circular, which replaces Home Office Circular 30/2005, provides guidance to the police and prosecutors on the use of the simple caution (and emphasises that simple cautions should generally be used for low - level offending), encourages greater consistency in the use of the simple caution, clarifies how the police and CPS responsibility for simple cautions is affected by the statutory charging scheme, sets out the process of administering a simple caution, emphasises the importance of accurate recording of simple cautions, and provides a standard simple caution pro forma.

The statutory scheme creates a bright line rule which is relatively easy to apply.

In this article, we will show that this approach, when applied to workplace investigations in New York, violates New York's statutory scheme, which allows attorneys to conduct workplace investigations without a private investigator's license only if they are acting «in the regular practice of their profession.»

The statutory Code of Practice, which applies in both England and Wales, is likely to be the main reference point for the officials operating the scheme.

The success of the plaintiff in Hadeed may be related to the specific statutory scheme in Virginia, which allows service, including a subpoena directed to a witness, even though the parties may be based in another state.

The new safeguarding scheme, which comes into force on 1 April 2009, is contained in Sch A1 to MCA 2005 and is supplemented by regulations and by an annex to MCA 2005 statutory Code of Practice.

In dismissing the appeal, Justice O'Connor Justices Laforme and Cunningham concurring) reviewed the statutory scheme pursuant to which a municipality is required to maintain highways under its jurisdiction.

Statutory voluntary redress schemes have also been introduced in the competition law context, under which compensation may be offered by businesses as a result of infringement decisions made in respect of them.

That scheme was for the receiver's remuneration and expenses to be paid out of the receivership assets, but in a way which counted towards satisfaction of any confiscation order, and subject to the statutory long - stop.

Karakatsanis J. points to multiple features of the elaborate statutory scheme that might be said to support the alternative interpretation and explains how each of them is nonetheless consistent with the Board's interpretation (if one can call it that), much of which is supported by reference to a decision made by another body that «formerly» had appellate jurisdiction from the Board (at para. 44).

However, it is a place of diminishing importance, as courts have increasingly sought to attribute meaning to the text of legislation by placing more weight on the statutory context in which the words are used, and the purposes underlying the legislative scheme.

A corollary inference, which is also supported by other textual evidence in section 264 and Part C of title XI, is that if Congress failed to act within the time provided, the original statutory scheme was to kick in.

They are not meant to provide extra contractual relief which could undermine the statutory scheme provided by Parliament and deliberately made subject to limitations, for example as to maximum amounts of compensation.

The court stated that it has been long established that there is but one principle or approach to statutory interpretation which is that the words of the statute are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the intention of the enacting legislative body.

... The legal practitioner who ventures into this field must know not only the detail of the Native Title Act, but must also have a thorough understanding of the common law system of tenure and its different estates as well as the various statutory schemes by which the several States and Territories have, from time to time, provided for the creation of private interests in and for the use by governments and individuals of public lands.