Sentences with phrase «under that provision where»

Since this deduction has a much higher threshold than the deduction for tradespeople's tools (see topic 103), where you qualify for both in the year, you may be able to claim under that provision where you can not claim under this one.

I shall then state why, in my view, Article 28 (2) and (3) is to be interpreted as meaning that a Union citizen can not rely on the right to enhanced protection against expulsion under that provision where it is shown that that citizen derives that right from offending conduct constituting a serious disturbance of the public policy of the host Member State.

In the light of all the foregoing considerations, I think that Article 28 (2) and (3) of Directive 2004/38 is to be interpreted as meaning that a Union citizen can not rely on the right to enhanced protection under that provision where it is shown that that citizen is deriving that right from criminal conduct constituting a serious disturbance of the public policy of the host Member State.

Not exact matches

The Infocomm Development Authority of Singapore aims to enhance the use of technology and data to improve the provision of services such as health care and transportation in a city, where infrastructure has come under pressure in recent years as a rise in immigration boosts the country's population.

Under those provisions, hosts instruct and authorize Airbnb to collect and remit Occupancy Taxes on their behalf in jurisdictions where Airbnb decides to facilitate such collection.

Where the offering of any cryptocurrency - related product involves an invitation to the Hong Kong public to acquire «securities» or «structured products», or to participate in a «collective investment scheme», authorisation or registration requirements under the SFO or the Companies (Winding Up and Miscellaneous Provisions) Ordinance (if relevant) may be triggered unless an exemption applies.

Where full recourse rules apply across Canada, lenders are entitled to pursue mortgage shortfalls in civil court under normal lawsuit provisions.

One area to watch closely however is the safe harbour provision where, under the rubric of «NAFTA modernization», Silicon Valley libertarians and anti-copyright activists are trying to use the trade negotiations to ensure that large and powerful internet intermediaries are absolved of any responsibility for content appearing on their sites.

Find out where the NSW Food Authority fits in the national perspective and explain the labelling provisions they govern under the Food Standards Code.

The Government also welcomes the ACCC's plan to review more cases so that restrictive provisions in leases between supermarkets and shopping centres that prevent or delay the entry of other supermarkets into a centre are prohibited under Part IV of the Trade Practices Act 1974 (the Act), where appropriate.

Hospital education is defined as «education provided at a community special school or foundation special school established in a hospital, or under any arrangements made by the local authority under section 19 of the 1996 Act [ie the Education Act 1996](exceptional provision of education), where the child is being provided with such education by reason of a decision made by a medical practitioner».

The Electoral Commission must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where a Returning Officer would be required to reject the nomination of that candidate under section 145 (2) if the candidate had been nominated under section 143; and the provisions of subsections (2) to (5) of section 145 apply accordingly with all necessary modifications.

As from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, in cases where, under the Treaties, not all the members of the Council participate in voting, a qualified majority shall be defined as follows:

(1) In any State where there is no agreement in force between a State or its agency under subsection (a), the Secretary shall promulgate regulations for the performance of all necessary functions under section 426, including provision for a fair hearing for any worker whose application for payments is denied.

The legal framework in relation to the code of practice indicated that under Section 25 of the Children and Families Act 2014 local authorities (Schools) should ensure integration between educational provision, health and social care provisions, where this would promote wellbeing and improve the quality of provision for disabled young people and those with SEN. (page 38 of the Code of Practice).

Margie also completed a Presidential Management Fellowship at the U.S. Department of Education where she oversaw evaluations of various programs under No Child Left Behind, including alternative teacher certification, state and local flexibility provisions, and out - of - school - time programs.

32 The New Hampshire Supreme Court likewise rejected the standing of petitioners challenging the state's scholarship tax credit law, ruling that they could not demonstrate any harm.33 The following year, citing the decisions in Arizona and New Hampshire, the Alabama Supreme Court also held that a «tax credit to a parent or a corporation... can not be construed as an «appropriation»» but rather such funds retain their status as private funds until they enter the public treasury.34 That view seems to be the prevailing one in courts, so with the possible exception of Michigan, where the state constitution explicitly prohibits tax benefits for religious education, tax credits should survive scrutiny under such provisions.

Where academies have decided to adopt the STPCD's provisions to determine teachers» pay, as the majority have, contract law is likely to require these provisions to be followed in full when pay decisions are taken (and they will continue to apply under TUPE legislation to teachers whose employment transferred when the school became an academy).

And that's significant, because now there are two states, Arizona and Nevada, where the highest court in those states have said that ESAs are in fact constitutional under these otherwise discriminatory provisions.

Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this ACT, where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this ACT, the Federal agency principally involved may be designated to ACT for all in administering the funds provided, and, in such cases, a single non - Federal share requirement may be established according to the proportion of funds advanced by each agency.

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.

(8) provide, at a minimum, for the provision of the vocational REHABILITATION services specified in clauses (1) through (3) of subsection (a) of section 103, and the remainder of such services specified in such section after full consideration of eligibility for similar benefits under any other program, except that, in the case of the vocational REHABILITATION services specified in clauses (4) and (5) of subsection (a) of such section, such consideration shall not be required where it would delay the provision of such services to any individual;

it maintains or operates a hiring hall or hiring, office which procures employees for an employer or procures for employees opportunities to work for an employer, or the number of its members composed of other labor (or, where it is a labor organization composed of other labor organizations or their labor organization) is fifty or more prior to July 1, 1968, or twenty - five or more on or after July 1, 1968, and such labor organization is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended; or 61 Stat.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709 (a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

It is reasonably likely that choices made by a trustee to maximise CGT relief under the provisions are related to the transfer balance cap or TRIS reforms commencing provided, where relevant, that any member transfers are made at arm's length by a trustee.

A «signed under seal» provision is where some creditors will add it to the contract for further protection.

whether the consumer credit transaction or other transaction is made under the provisions of the National Housing Act, or where the creditor is exempt from licensing under this chapter, (ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction is by a trust institution as defined in Section 5 - 12A - 1 (1), in its capacity as a fiduciary under any plan or agreement qualified under 26 USC 401 (a) or defined by 5 USC 8437, 26 USC 403 (b), or 26 USC 457, or a trust exempt under 26 USC 501, or (iv) to any municipal pension system created under the laws of the State of Alabama.

(e) This section is intended to confirm and clarify existing law that none of the provisions of this chapter, other than the provisions of subdivision (1) of Section 5 -19-1 and Section 5 -19-3, apply to any transaction that is not a consumer transaction, or, where provided in subsection (a) to any transaction involving an interest in real property, whether or not a consumer transaction, to any transaction of a trust institution described in subsection (a), or to any municipal pension system created under the laws of the State of Alabama described in subsection (a).

(a) The provisions of this chapter, except the provisions of subdivision (1) of Section 5 -19-1 and Section 5 -19-3, shall not apply (i) to any consumer credit transaction or other transaction involving an interest in real property or the sale, lease, or mortgage of an interest in real property where the creditor is an approved mortgagee under the provisions of the National Housing Act irrespective of

There are special record keeping rules where there has been a roll - over for a merger between superannuation funds under former section 160ZZPI of the Income Tax Assessment Act 1936: see section 121 - 25 of the Income Tax (Transitional Provisions) Act 1997.

Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Utah law or the law in the jurisdiction where you live.

Can trading profits (capital gains) be contributed to a solo 401k under the employer profit contribution provisions, where up to 25 % of business profits can be contributed.

This should be considered with all requests under EIR where applicable (Note — this provision does not exist under FOIA)

~ The Insurance Act's provisions excluding subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to employers ~

Areas of law: Insurance law; Subrogation; Income replacement plan; Statutory exceptions ~ The Insurance Act's provisions excluding subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to employers ~

However, a situation where national law enables national companies to convert, but it does not allow companies incorporated under the law of another Member State to do so, falls within the scope of the provisions of the TFEU regarding the freedom of establishment (par.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

Procedurally, the correct test was whether the court should transfer the case under the provisions of the federal Divorce Act, which allows for the transfer of divorce proceedings where there is a custody application.

(5) Where, under the provisions of this section, an employer, affiliated bargaining agent or employees become bound by a provincial agreement after the agreement has commenced to operate, the agreement ceases to be binding on the employer, affiliated bargaining agent or employees in accordance with the terms thereof.

In its amended state, s 47 (8) will allow a warrant application where there has been an alleged breach of either a non-molestation order — which under the new regime would no longer have a power of arrest attached — or an occupation order which has no power of arrest attached to the provision allegedly breached.

Under this provision, the EP — in a nutshell — needs to either lend its consent or must be at least consulted «[e] xcept where agreements relate exclusively to the common foreign and security policy» (Article 218 (6), second subpara.

In reaching his decision the recorder considered the distinction between the level of provision available under the Act to a widow and that available to a child (the latter is limited to provision for maintenance) to be a relevant factor to take into account under s 3 (g), even where the widow is not the applicant.

calls into question the compatibility with the Convention rights at issue of a provision of European Union law, including decisions taken under the TEU and under the TFEU, notably where that violation could have been avoided only by disregarding an obligation under European Union law.

(3) Notwithstanding Article 8, paragraph 2, where no choice under the provision of Article 7 has been made with regards to the formation and effect of a labor contract, it shall be presumed that regarding its formation and effect the contract is most closely connected with the law of the place where the work should be carried out under the contract.

Where, for example, a registrant or member suffers from an alcohol or drug addiction, a regulator must accommodate that disability to the point of undue hardship when addressing professional misconduct resulting from that disability, or when addressing the registrant's competence, or when acting under any provision relating specifically to addictions that may impair the professional's ability to practice, e.g., under sections 33 (4)(e) and 39 (1)(e) of the Health Professions Act.

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

A case commonly cited on this issue is British Columbia v Henfrey Samson Belair Ltd. (1989), 59 DLR (4th) 726 (SCC)(«Samson»), where the Court determined that if the property deemed to be in trust by the province under the Social Service Tax Act (RSBC 1979, c 388) formed a true trust at common law, then the property would be exempt from distribution, thereby affirming the provision in the BIA.

And by the Mobile Homes Act 2013 (Saving Provisions)(England) Order 2013 (SI 2013/1168) where prior to 26 May 2013 an occupier has served the site owner with a request for approval of a purchaser or donee the transaction may proceed, if the occupier so wishes, under the repealed regime.

For the purposes of these provisions, a natural or legal person shall be treated as equivalent to an authority where an authority avails itself of such a person in discharging its duties under public law.

Carter et al. v. Canada (Attorney General) et al. 2012 BCCA 502 Practice — Parties — Adding or substituting parties — Intervenors — On appeal Canada appealed from the order of Justice Lynn Smith, which declared that the provisions of the Criminal Code that prohibited physician - assisted suicide unjustifiably infringed s. 7 and s. 15 of the Charter and were of no force and effect where the assistance was provided under a number of conditions.