Sentences with phrase «wording of the statutory provision»

Some of the limitations of the statutory exception may be included in the wording of the statutory provision itself.

Not exact matches

[5] In other words, judges of statutory jurisdiction are treated in these fundamental provisions similarly to Superior Court judges of inherent jurisdiction.

However, one looks in vain at ERA 1996, s 129 (or in the corresponding provision considered in Taplin, s 78 of the Employment Protection Act 1975) for any reference to exceptionality as a material consideration when construing the statutory word «likely».

The wording of various statutory provisions is similar but not identical between jurisdictions.

The presumption is probably rebutted by the wording of the relevant statutory provisions, but it seems to me that it should have been given some weight by Mactavish J. in her analysis.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»