Sentences with phrase «under regulation»

If financial projections — whether historical performance figures or «future oriented» projections — are included, the necessary assumptions and supporting information as required under the Regulation;

The outlook for food poisoning cases as a result of the Wood case does not therefore look good where the tour operator has done all it can and should therefore escape liability under Regulation 15.

The provisions of this Chapter, with the exception of Section 4, shall also apply to the determination of the amount of costs and expenses of proceedings under this Regulation and to the enforcement of any order concerning such costs and expenses.

Where a court of a Member State is seised of a case over which it has no jurisdiction under this Regulation and over which a court of another Member State has jurisdiction by virtue of this Regulation, it shall declare of its own motion that it has no jurisdiction.

Noteable cases: J v Lambeth - in which the Court of Appeal confirmed the necessity for the local housing authority to send the applicant a «minded to» letter under Regulation 8 (2) when it had determined that the original section 184 decision was flawed.

The measures referred to in paragraph 1 shall cease to apply when the court of the Member State having jurisdiction under this Regulation as to the substance of the matter has taken the measures it considers appropriate.

Notwithstanding a judgment of non-return pursuant to Article 13 of the 1980 Hague Convention, any subsequent judgment which requires the return of the child issued by a court having jurisdiction under this Regulation shall be enforceable in accordance with Section 4 of Chapter III below in order to secure the return of the child.

Where jurisdiction under this Regulation can not be exercised by reason of the existence of diplomatic immunity in accordance with international law, jurisdiction should be exercised in accordance with national law in a Member State in which the person concerned does not enjoy such immunity.

The approved rule, which became effective on December 7, 2017, includes an exception for companies releasing material news to cure an unintentional selective disclosure under Regulation FD.

(5) For the purposes of subsections (1) and (3), medical, rehabilitation and, where applicable, attendant care benefits payable in respect of an insured person include all fees and expenses for conducting assessments and examinations and preparing reports in connection with any benefit or payment to or for an insured person under this Regulation, other than,

46.3 (1) An insurer may request any of the following information from an insured person who submits an invoice to the insurer for payment for goods or services under this Regulation, or from an insured person on whose behalf such an invoice is submitted:

(5) For the purposes of paragraphs 3, 4 and 5 of subsection (1), the medical, rehabilitation and attendant care benefits payable in respect of an insured person include all fees and expenses for conducting assessments and examinations and preparing reports in connection with any benefit or payment to or for an insured person under this Regulation, other than,

In Indigo v Colchester Institute, David Donaldson QC sitting as a Deputy High Court Judge in the QBD, considered an application by the Defendant under Regulation 47H (1) of the Public Contracts Regulations 2006 (as amended by the Public Contracts (Amendment) Regulations 2009) to lift the automatic suspension imposed by Regulation 47G.

(a) a person who submits an invoice to an insured person or insurer for payment under this Regulation for goods or services, whether the goods or services were provided by the person or by another person, and

Whilst to a few this will likely sound arbitrary, wanting an legal professional to constitute you even in the most straightforward cases, but at the same time as your lawyer won't at all times have the ability to perform miracles, he or she can and will be sure that your rights are respected and that you just receive honest treatment under the regulation.

In a recent decision that will concern all employers, the Employment Appeal Tribunal («EAT») clarified the meaning of «equivalent period of compensatory rest» under Regulation 24 of the Working Time Regulations 1998 in Crawford v Network Rail Infrastructure Ltd. and held that an employer must provide workers with a 20 minute period of continuous rest for every 6 hours worked.

56 Consequently, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is compatible with Article 29 of the Montreal Convention.

I could stop there, refer you to our earlier post and conclude by expressing the hope that airlines will acknowledge defeat and in the future pay compensation when compensation is due under Regulation 261/2004.

Although it may not arise too often in practice, in such circumstances the English & Welsh court may, it is suggested, be unsure of its obligations under the Regulation.

Articles 5 to 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that passengers whose flights are delayed are entitled to compensation under that regulation where they suffer, on account of such flights, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.

(3.1) If an insurer receives an incomplete application for a benefit under this Regulation, the insurer shall notify the person within 10 business days after receiving the incomplete application that the application is incomplete and shall indicate what is missing.

(1.6) Any action referred to in subsection (1.5) that is not taken before September 1, 2010 may instead be taken under the corresponding provision of the New Regulation and, for that purpose, any time limit set out in the New Regulation applies as if any action previously taken under this Regulation was taken under the New Regulation.

Under this regulation, any negligence on the part of the person injured could result in a case being dismissed in any personal injury case, including medical malpractice.

(5) If the insurer has already notified the insured person under this Regulation that the insurer requires the insured person to be examined under this section, the insurer shall give the notice required under subsection (4),

(1.3) Subject to subsections (1.1) and (1.2), the insurer and the insured person may jointly select the designated assessment centre if the selection is made not later than the second business day after the insurer or the insured person, as the case may be, receives notice from the other that a designated assessment is required under this Regulation.

(1.4) An amount that would, but for subsection (1.3), be paid under this Regulation after August 31, 2010 shall be paid under the New Regulation, but in the amount determined,

If an insurer refuses to pay a benefit under this Regulation or reduces the amount of a benefit that a person is receiving under this Regulation, the insurer shall provide the person with a written notice concerning the person's right to dispute.

(1) Except as otherwise provided by subsection (2), the assignment of a benefit under this Regulation is void.

(1) A designated assessment centre that conducts an assessment under this Regulation of a person who sustains an impairment as a result of an accident shall not, after the assessment, provide any goods or services to the person in respect of the accident.

(3) If a person is entitled to receive benefits under this Regulation as a result of an election made under section 30 of the Workplace Safety and Insurance Act, 1997, no income replacement, caregiver or non-earner benefit is payable to the person in respect of any period of time before the person makes the election.

(2) If payment of a benefit under this Regulation is overdue, the insurer shall pay interest on the overdue amount for each day the amount is overdue from the date the amount became overdue at the rate of 2 per cent per month compounded monthly.

(3) Benefits payable under this Regulation in respect of an insured person shall be paid by the insurer that is liable to pay under subsection 268 (2) of the Insurance Act.

(1.1) If requested by the insurer, a person who applies for a benefit under this Regulation as a result of an accident shall submit to an examination under oath, but is not required to,

(c) any income replacement, non-earner or caregiver benefit or any benefit under Part VI, to the extent of any payments received by the person that are deductible from those benefits under this Regulation;

i. the health practitioner who prepared the disability certificate, if the examination relates to a claim in respect of which a disability certificate is required under this Regulation,

(2) Subsection (1) does not apply in respect of an insured person who elects to bring an action referred to in section 30 of the Workplace Safety and Insurance Act, 1997 so long as the election is not made primarily for the purpose of claiming benefits under this Regulation.

The weekly amount of any income replacement or non-earner benefit payable under this Regulation, without regard to any reductions made under subparagraphs i and ii of paragraph 1 of subsection 7 (1).

(a) any benefit under this Regulation that is paid to the person as a result of an error on the part of the insurer, the insured person or any other person, or as a result of wilful misrepresentation or fraud;

Carriage by air - Passengers Delay - Passengers suffering delay involving connecting flights from Dubai by non-EU Community carrier - Whether passengers entitled to compensation under Regulation (EC) No 261/2004.

Under the Regulation of Investigatory Powers Act 2000, both the range of authorities entitled to access communications data and the purposes for which they can have access can be extended without further primary legislation.

However, by the time of trial, Ministry Standards under regulation 153/04 set a limit of 100 ppm (for coarse soils) to 200 ppm (for medium / fine soils) in residential areas supplied with municipal drinking water.

c) use of the discretion gave rise to specific consequences under the regulation — if you consider that potential breaches of fundamental rights of all Dutch passport users is a «specific consequence» then this criterion applies.

(c) even if this does violate the CFR, how would that be a consequence * under the Regulation *?

I disagree with the analogy drawn with NS: the factors for NS were that (a) the discretion was a derogation from the regulation, (2) the discretion formed an integral part of the system and (3) use of the discretion gave rise to specific consequences under the regulation, including for other MSs (§ § 65 and 67).

On November 9, 2016, final amendments to the Charter under Regulation respecting the language of commerce and business and the Regulation defining the scope of the expression «markedly predominant» for the purposes of Charter of the French language were published and registered in the Gazette officielle du Québec.

A requirement under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) to disclose a key to encrypted computer information already in the possession of the Crown may not be opposed on the ground of the privilege against self - incrimination.

An amount described in paragraph 2 that is paid under this Regulation shall not include any amount previously paid under the Old Regulation.

(5) Subject to Part VII, the insurer shall pay the benefits under this Regulation despite section 225, subsection 233 (1), section 240 and subsection 265 (3) of the Act.

(1) An amount payable in respect of a benefit is overdue if the insurer fails to pay the benefit within the time required under this Regulation.

(5) For the purposes of subsections (1) and (3), medical and rehabilitation benefits payable in respect of an insured person include all fees and expenses for conducting assessments and examinations and preparing reports in connection with any benefit or payment to or for an insured person under this Regulation, other than,