Sentences with phrase «under sch»

The question of law has been whether administration proceedings under Sch B1 of the Insolvency Act 1986 constitute the sort of «analogous proceedings» which activate the exclusion.

Financial claims under Sch 1 of the Children Act 1989 are likely to be brought into procedural line with ancillary relief applications at some time in the future.

Claims are made under Sch 1 of the Children Act 1989 and, when making orders, the court will consider factors which are very similar to those which would be considered within the context of a divorce.

Not exact matches

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The Information Commissioner's Office (ICO)'s remit includes enforcing compliance with information rights and obligations under the Data Protection Act 1998 (DPA 1998) and, in particular, the principles set out in Sch 1 of DPA 1998.

And if, as can easily happen, a claim involves both sets of rules (eg constructive trust and Sch 1) nobody knows whether a claim proceeds in the family courts under FPR 2010 or in the civil courts under CPR 1998; and each set of rules has their significant differences (as will be explained in forthcoming articles).

(If there is any doubt that CSA 1991 proceedings are family proceedings, see Supreme Court Act 1981, Sch 1 para 3 (h); and now Magistrates» Courts Act, s 111A: proceedings under CSA 1991 are family proceedings.)

The jurisdiction cross-fertilises four separate areas of legal principle (sometimes all in the same case): constructive trusts; resulting trusts; proprietary estoppel and the separate jurisdiction under CA 1989, Sch 1.

Lord Justice Thorpe characterised the failure to obtain a court order, ie issue an application under ChA 1989, s 15 and Sch 1 on a Form C1 and then settle it as an order on the terms agreed, as a «surprising feature» of the case (para 35).

The mother (M) has applied under ChA 1989, Sch 1.

See, e.g., Creditor under the award v. Debitor under the award, Oberlandesgericht [OLG] Karlsruhe, Germany, 14 September 2007, 9 Sch 02/07, where the court required that the party arguing that a three - member tribunal had been appointed by the wrong authority was required to demonstrate that a different appointment procedure would have led to a different ruling.

The accommodation needs of gypsies and travellers are to be assessed and strategically planned for under s 225 of the Housing Act 2004, brought into force (with s 226 and para 47 of Sch 15) on 2 January 2007 by the sixth commencement order (SI 2006/3191).

DJ Million could see nothing in Sch 1 to require all money under a periodical payments order to be spent during each year of receipt.

Specified administration charges (such as for granting an approval) are open to challenge under a service charge type machinery under s 158 of the Commonhold and Leasehold Reform Act 2002 and its Sch 11.

The mother (AM) and father (RF) issued cross applications to vary a financial provision order made in 2002 under ChA 1989, Sch 1.

«For satellite dish installation permission — # 500 plus surveyor's fee for inspecting channels» CLRA 2002, Sch 11 gave tenants the right to challenge the liability to pay and reasonableness of an administration charge — for example, for consent to installation of a satellite dish or carrying out of building works, on providing information or documents or in respect of a failure to make payment under the lease — at a LVT and, ahead of service charges, obligated the landlord to serve, with a demand for the payment of the charge, a summary of the tenant's rights and obligations.

Under para 8 of Sch 8 of the regulations, the relevant information must eventually be provided to the leaseholder when it becomes available.

In particular, local authorities have applied for dispensation from the important requirements contained in sub-paras 4 (4), 4 (5), 4 (6) and 4 (7) of Sch 2 of the regulations under which information about the likely cost to be charged by the proposed QLTA contractor is provided to the leaseholder.

In support of the application, it was argued that the applicant did not yet know what works would be done under the QLTAs in the future and therefore the applicant could not supply estimates for service charge bills or costs of works to buildings for the purposes of sub-paras 4 (4) and (5) of Sch 2 of the regulations.

The judge went on to comment that this served «to underline the potential benefit for tenants of being provided the relevant information under para 4 of Sch 2 if it is reasonably practicable so to provide it.»

While there is likely to be a cost to the legal aid fund of any new scheme this has to be set against the current cost to the fund of proceedings under the Trusts of Land and ppointment of Trustees Act 1996 and Sch 1 of the Children Act 1989.

As regards a transfer under the inherent jurisdiction, the only jurisdiction to make orders in relation to adoption and to place a child abroad subject to a care order are under the statutory scheme governed by ACA 2002 and ChA 1989, Sch 2, para 19.

A lease of land was also an exempt supply, but the college gave notice of an election to waive the exemption under para 2 of Sch 10 to the Value Added Tax Act 1994 (VAT 1994).

Practice directions in family proceedings are made under powers in Courts Act 2003, s 81 (ie as with other practice directions per CRA 2005, Sch 2, Pt 1, by the Lord Chief Justice; or with the approval of the Lord Chief Justice and the Lord Chancellor).

Statute clearly and deliberately distinguished someone detained under para 2 of Sch 3 (who could be released on bail) from someone liable to detention under para 21 of Sch 2 (who could be temporarily admitted).

A serious offence is defined in SCA 2007, s 2 (2) as an offence under the law of England and Wales which is either specified in Sch 1 or is one which the court considers to be sufficiently serious in the circumstances of the case.

The law already gives limited protection to cohabitants with children in that they can apply for orders under the Children Act 1989, Sch 1 on behalf of their children — albeit that such provision lasts only while the children are dependent.

The Solicitors Act 1974, s 37A gives effect to Sch 1A, under which the council of the Law Society may take any of the steps mentioned in para 2 of Sch 1A with respect to a solicitor, «where it appears to them that the professional services provided... have in any respect not been of the quality which it is reasonable to expect of him as a solicitor».

Under para 2 (1)(a) of Sch 1A the council may determine that the costs to which the solicitor is entitled in respect of his services are to be limited.

the reforms to include variation applications and Children Act 1989, Sch 1 applications in the Family Procedure Rules 2010 (FPR 2010), Pt 9, Ch 5 accelerated / shortened procedure be reconsidered and that procedure should be limited to international applications under the EU Maintenance Regulation or the Hague Convention;

Under section 52 (1)(b) of the Ontario Labour Relations Act, 1995, S.O. 1995, c. 1, Sch.

Npower v Upark (2016)-- acting for a company in resisting a claim to recover charges for the supply of electricity under a deemed contract pursuant to Sch.6 of the Electricity Act 1989

The effect of the amendments made by section 10 and Sch 6 is that a police officer may attach conditions to bail granted at a police station before charge under ss 37 (2) and 37 (7)(b) of PACE, and to bail granted elsewhere than at a police station (street bail) under s 30A.

National security issues prompted the closed material procedure under Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861) where Sch 1, para 54 was used.

This case concerns two firms of London - based criminal defence solicitors against whom in mid-2012, the British Transport Police (BTP) obtained and executed search warrants under s 9 and Sch 1 of the Police and Criminal Evidence Act 1984.

In September 2007 the tribunal adjourned the hearing of the case to consider whether they should strike out the response in whole or in part as they are permitted to do on the grounds that the manner in which proceedings have been conducted has been scandalous, unreasonable or vexatious, under r 18 (7)(c) of Sch 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861 (the ET Rules of Procedure).

The relevant crimes are set out in SOA 2003, Sch 3, and the duration of the notification requirement depends on the sentence imposed by the court and the age of the offender — if an offender was aged under 18 then the notification period for determinate periods is one - half of the adult period (see SOA 2003, s 82 (2)-RRB-.

However, he is not required (under s 32 and Sch 4) to grieve as a precondition of presenting his claim, and the tribunal will therefore not be deprived of jurisdiction by his failure to do so.

See that the SCH - I535 model number is listed under Settings > About Device section for this guide to work.