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92 Sentences With "have regard to"

How to use have regard to in a sentence? Find typical usage patterns (collocations)/phrases/context for "have regard to" and check conjugation/comparative form for "have regard to". Mastering all the usages of "have regard to" from sentence examples published by news publications.

type: All Declarative Interrogative Exclamative

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He just voted to overturn a 403-year law that -- with have regard to how unions were able to collect so-called agency fees or dues from people who may disagree with their political agenda.
"He is a free citizen, he can say whatever he likes, but that doesn't mean he can't have regard to the grievous offence this would have caused to people whose homes have been burnt down," Morrison told reporters in Adelaide.
Lord Howe also detailed government amendments that he said aim to put "beyond doubt" the importance of taking "particular care" in relation to sensitive communications, such as confidential journalistic material, by making it clear public authorities "should have regard to the human rights implications — in the widest sense — of interfering with communications that attract particular sensitivity".
The Act obliges regulatory bodies to have regard to the principles and a code of practice.
The design of a monitoring program must therefore have regard to the final use of the data before monitoring starts.
Some fields of Jersey, such as negligence and administrative law, are heavily influenced by English common law. In other branches of law, notably contract, Jersey courts may have regard to French civil law.
A s 53 tenant for life must "have regard to the interests of all parties entitled under the settlement." He is required to have regard to the interests of the beneficiaries but he is not the same as the usual trustee since he is always one of the beneficiaries. In Re Earl of Stamford and Warrington (1916) 1 Ch Younger J described the tenant for life as a "highly interested" trustee. "He may legitimately exercise his powers with some, but not of course, an exclusive regard for his own personal interests" – per Vaisey J in Re Boston's Will Trusts 1956 Ch 395.
Sentences run consecutively unless the court orders otherwise. Courts should always have regard to the cumulative effect of sentences.S v Koutandos 2002 (2) SACR 222 (SCA). For a spectacular example of the difference made by causing sentences to run concurrently, see S v Assante.
Smith v Croft (No 2) [1988] Ch 114 is a UK company law case concerning derivative claims. Its principle that in allowing a derivative claim to continue the court will have regard to the majority of the minority's views has been codified in Companies Act 2006, section 263(4).
The System Operator is the entity that is responsible for creating and operating the PCEHR. Currently this position is held by the Secretary of the Department of Health and Ageing. The System Operator during their duties must have regard to the advice and recommendations (if any) given by the PCEHR Jurisdictional Advisory Committee and the PCEHR Independent Advisory Council.
Planning Policy Statement 22: Renewable Energy commonly abbreviated as PPS 22, is a document produced by the British Government which sets out the Government's policies for renewable energy, which planning authorities should have regard to when preparing local development documents and when taking planning decisions. The current version was introduced in August 2004 and replaced Revised PPG 22.
Privacy Act 1993, s 11. The Privacy Act recognises that privacy is not an absolute concept and that there are other factors which need to be weighed to determine what the outcome should be. The Privacy Commissioner must always have regard to factors such as human rights, social interests, and international obligations and guidelines.Privacy Act 1993; s 14.
Para 4. The courts are obliged, under PIE, to "have regard to all relevant circumstances," and would in most eviction proceedings be unable to comply with this obligation without comprehensive and specific input from the municipality.Para 52. The court held that in this case the City's report had failed to assist the court as it should have.
In assessing the adequacy of particulars, the trial court may have regard to a summary of the substantial facts. If the trial is in the High Court, there must be summary of the substantial facts accompanying the indictment.See s 144(3)(a). The skimpier the summary of substantial facts, the greater the need for particularity in the charge.
Section 85 of the Countryside and Rights of Way Act 2000 places a duty on all relevant authorities when discharging any function affecting land within an AONB to have regard to the purpose of conserving and enhancing natural beauty. Section 89 places a statutory duty on Local Planning Authorities with an AONB within their administrative area to produce a 5-year management plan.
If between 14 and 17, the court will have regard to the age of the offender.Crimes Act 1961, s. 9(2)(a). If the crime is dealt with in the Youth Court, then the Youth Justice Act and youth principles will apply. However the offender can be sent to the District Court or High Court for sentencing or trial, where the Sentencing Act 2002 applies.
Leigh appealed against his sentence, which was reduced from 12 years to 9 years on 4 November 1994. In 2002, Dudson's minimum tariff was cut from 18 years to 16 years. Dudson appealed again, arguing that the reduction was insufficient and that the Lord Chief Justice "had failed to reflect the continuing obligation to have regard to Dudson's welfare." Lord Justice Kennedy and Mr Justice Mackay dismissed this second appeal on 21 November 2003.
NZI unhappy with the decision, as they believed under the law the insurance broker was an agent of Battenburg and not NZI, appealed to the District Court, claiming the referee had made an "error of law" in making the ruling, adding that section 18(6) of the Disputes Tribunal Act [1988] states that the referee must have "regard to the law". NZI lost again, and filed for a judicial review in the High Court.
These committees are responsible for selecting suitable candidates for the magistracy. They comprise a maximum of twelve magistrate and non-magistrate members. The membership of local advisory committees used to be confidential but following reform in 1993 all names must be published. Local advisory committees have regard to the composition of local benches, especially the numbers needed to process the work, and the balance of gender, ethnic status, geographical spread, occupation, age and social background.
If the accused does not consent to the recording of uncontested allegations, this will be material for cross-examination by the state. Such admissions may also have some weight in favour of the state at the end of the case.S v Mjoli 1981 (3)SA 1233 (A). The court may have regard to both the incriminatory and the exculpatory parts of the plea explanation, as the court held in S v Cloete.
The following is the first verse of Book 1: :Of angling and the art thereof I sing :What kind of tools it doth behove to have :And with what pleasing bayt a man may bring :The fish to bite within the watry wave. :A work of thanks to such as in a thing :Of harmless pleasure have regard to save :Their dearest soules from sinne and may intend :Of pretious time some part thereon to spend.
The Court of Appeal (Scarman LJ dissenting) dismissed the case.[1978] QB 38 Lord Denning MR held, > The convention is not part of our English law, but, as I have often said, we > will always have regard to it. We will do our best to see that our decisions > are in conformity with it. But it is drawn in such vague terms that it can > be used for all sorts of unreasonable claims and provoke all sorts of > litigation.
The court must have regard to both its sentencing powers and also any legal, procedural and factual complexity which may make the case unsuitable for summary trial. If the court finds the case suitable for summary trial then the defendant is asked whether he consents to trial or whether he will elect for trial in the Crown Court. If the court decides the case is not suitable for summary trial then it will send the case forthwith to the Crown Court.
In October 1964 the Air Navigation Regulations (Cth),Air Navigation Regulations 1947 (Cth). were amended to make them apply to intrastate air navigation by the enactment of regulation 6(1)(f).Air Navigation Regulations 1964 No 128 (Cth). Regulation 198 prohibited the use of an aircraft in regular public transport operations except pursuant to a licence issued by the Director-General of Civil Aviation, who, according to regulation 199(4), will have regard to the "safety, regularity and efficiency of air navigation and to no other matters".
Shortly after their election to office, a police and crime commissioner must produce a "police and crime plan". That plan must include his or her objectives for policing, what resources will be provided to the Chief Constable and how performance will be measured. Both the police and crime commissioner and the Chief Constable must have regard to the police and crime plan in the exercise of their duties. The PCC is required to produce an annual report to the public on progress in policing.
We will do our best to see that our decisions are in conformity with it.' Congreve v Home Office [1976] QB 69 (need for judiciary to control any executive's abuse of power). 'The convention is not part of our English law, but, as I have often said, we will always have regard to it. We will do our best to see that our decisions are in conformity with it.' but it was only since the Human Rights Act 1998 that the courts have had structured, statutory guidance for how to do this.
However, Lam observed (at para. 54): :Even though the ICCPR and ICESCR are given constitutionally [sic] backing in Article 39 of the Basic Law, it is also provided in the same article that these international conventions shall be implemented through the laws of Hong Kong. In other words, they do not by themselves have the force of law. In determining the constitutional obligation on the part of Hong Kong under Article 39 to implement these conventions, one must have regard to the intent of the drafters of the Basic Law.
The LGA states, “A local authority should make itself aware of, and should have regard to, the views of all its communities.”Local Government Act 2002, section 78(1) Section 78 of the LGA specifically requires local authorities to have regard, in making decisions, to the views and preferences of persons likely to be affected by or have an interest in the matter. However, under that provision alone local authorities are not required to undertake any consultation process or procedure. A number of principles of consultation are outlined in the Act.
We will do our best to see that our decisions are in conformity with it.' Congreve v Home Office [1976] QB 69 (need for judiciary to control any executive's abuse of power). 'The convention is not part of our English law, but, as I have often said, we will always have regard to it. We will do our best to see that our decisions are in conformity with it.' but it was only since the Human Rights Act 1998 that the courts have had structured, statutory guidance for how to do this.
It both establishes the taxi industry regulator, the Director of Public Transport, and contains a set of high level policy objectives and principles which the regulator must have regard to when exercising functions including licensing and accreditation decisions. In practice, the Director delegates taxi industry functions to the General Manager of the Victorian Taxi Directorate. Another key operational legislative instrument is the Transport (Taxi-cab) Regulations 2005. The Taxi Industry Inquiry of 2011 resulted in major reforms to Victoria's taxi industry and has had a far reaching impact on taxi services in Melbourne and beyond.
Parliament regulates and ensure the orderly conduct of its own proceedings and the dispatch of business through the Standing Orders of Parliament, which it is entitled to make, amend and revoke.Constitution, Art. 52. If there is any matter not provided for by the Standing Orders, or any question relating to the interpretation or application of any Standing Order, the Speaker of Parliament decides how it should be dealt with. He/she may have regard to the practice of the House of Commons of the United Kingdom, but is not bound to follow it.
Sachs J noted the invitation to the court in section 35 of the Constitution to have regard to international experience where applicable when seeking to interpret provisions relating to fundamental rights. The section is to be understood, he held, as requiring the court to give due attention to such experience, with a view to finding principles rather than extracting rigid formulae, and to look for rationales rather than for rules.Para 57. With reference to such experience, he discussed in detail the meaning of the word "necessary" in section 33(1) of the Constitution.
In New Zealand, the Summary Offences Act 1981 makes it illegal to use "indecent or obscene words in or within hearing of any public place". However, if the defendant has "reasonable grounds for believing that his words would not be overheard" then no offence is committed. Also, "the court shall have regard to all the circumstances pertaining at the material time, including whether the defendant had reasonable grounds for believing that the person to whom the words were addressed, or any person by whom they might be overheard, would not be offended".
Since 2012, with more private money, the cost of the NHS has risen without better outcomes. Although rights to vote are lacking, patients have some rights to bring claims in court over levels of service. First, the Secretary of State for Health is meant to improve the "physical and mental health of the people" and "have regard to the need to reduce inequalities" in health.NHSA 2006 ss 1A-C and 3 (service provision) These duties, however, are difficult to enforce in practice because the courts give wide discretion to ministers in judicial review.
The second Part of the Bill, entitled "Regulators", implements recommendations of a review led by Philip Hampton, entitled "Reducing administrative burdens: effective inspection and enforcement", published in the Hampton Report in a March 2005. Clause 19 contains two principles that regulators must have regard to when exercising particular regulatory functions: regulatory activities must be carried out in a way which is "transparent, accountable, proportionate and consistent", and should be targeted only at cases in which action is needed. Clause 20 and enables a minister to introduce a mandatory Code of Practice for regulators.
Shortly after their election to office, the PCC is required to produce a Police and Crime Plan. The plan must include their objectives for policing, what resources will be provided to the Chief Constable and how performance will be measured. Both the PCC and the Chief Constable must have regard to the Police and Crime Plan in the exercise of their duties. The PCC is required to produce an annual report to the public on progress in policing. The Police and Crime Plan 2014-2017 is Northamptonshire Police’s foundation document.
Aerial view of seven of the most important raised bogs sites in Wales; Natural Resources Wales, 2017. Wales is obliged by law to maintain lists of species and habitats of principal importance for biodiversity conservation; the other countries within the UK: Scotland, England and Northern Ireland, have their own laws for this purpose. Public bodies, including local authorities now have a legal duty to have regard to conserving biodiversity in the exercise of their normal functions. In Wales, that obligation originally derived from section 42 of the Natural Environment and Rural Communities (NERC) Act 2006.
The local development framework system is intended to improve this situation by replacing the old plans with a new portfolio of local development documents that can be tailored to suit the different needs of a particular area and can be easily updated. The frameworks were prepared within a regional spatial strategy (RSS) prepared for each region by the Secretary of State (specifically the Deputy Prime Minister). Local development frameworks were required to have regard to the RSS until they were abolished in 2010. All PPS were replaced by the National Planning Policy Framework in 2012.
Under section 2B the Mayor of London is to have regard to guidance issued by the Secretary of State, must give reasons, must at that time send a copy of the direction to the applicant and to the Secretary of State. The Mayor may also become the planning authority for a connected application for Listed Building, Conservation Area or hazardous substances consent if he so considers. Under section 2C the Mayor of London after granting outline permission, may pass determination of reserved matters on to the original LPA (i.e. London Borough or Corporation of London).
Among the hymns which are based on Psalm 134 is "Come, all you servants of the Lord", which Arlo D. Duba wrote in 1984 to the melody Old Hundredth. Tomás Luis de Victoria set the psalm in Latin, Ecce nunc benedicite, for double choir. Flemish composer Orlande de Lassus wrote the motet Ecce nunc benedicite Dominum for seven voices a cappella, using a wide range from low bass to very high soprano. John Dowland supplied a setting in English, "Behold and have regard", to the collection The Whole Booke of Psalmes with works by ten composers, published in 1592 by Thomas Este.
This connection finally linked all main areas of the South Island into a single grid. This was 20 years later than it had taken to connect all main regions of the North Island. In 1992, the passing of the Energy Companies Act required that the various franchised electricity distribution and retailing organisations then operating in New Zealand become commercial power companies with a responsibility to operate as a successful business and have regard to the efficient utilisation of energy. The Marlborough Electric Power Board then became Marlborough Electric – one of 35 integrated electricity businesses around New Zealand.
Similarly, s 187B extends to providers of communication services in a single place, such as free WiFi access in cafés and restaurants. The exemption of a service is, however, subject to the discretion of the Communications Access Co-ordinator (CAC), who, pursuant to section 187B(2A), can declare a service provider is nevertheless required to retain telecommunications data. Subsection 187B(3) provides that in making such a declaration, the CAC must have regard to the interests of law enforcement and security, the objects of the Telecommunications Act and the Privacy Act, along with any submissions of the Privacy Commissioner.
The New Zealand constitution is uncodified and is to be found in formal legal documents, in decisions of the courts, and in practices (some of which are described as conventions). It establishes that New Zealand is a constitutional monarchy, that it has a parliamentary system of government, and that it is a representative democracy. It increasingly reflects the fact that the Treaty of Waitangi is regarded as a founding document of government in New Zealand. The constitution must also be seen in its international context because New Zealand governmental institutions must increasingly have regard to international obligations and standards.
Such facts as whether the offence was committed on bail for other offences, or whether the defendant is subject to recall to prison or serving a community sentence will usually be highly relevant as aggravating the current offence. This information may reveal underlying issues, such as a drug problem. In motoring cases, previous endorsements on the driving record can have consequences, such as a period of disqualification under the "totting-up" rules. The court will consider the range of sentence as recommended by the sentencing guidelines, and then have regard to the details of each offence in order to assess its seriousness.
However, the obligation still applies to those public authorities in Wales to which the NERC Act duty applied. It also requires those bodies to have regard to the lists of habitats and species of 'principal importance' published as a result of Section 7 of the Environment (Wales) Act. Each public body must report at least every three years on how it is complying with the biodiversity duty. Section 7 requires Welsh Ministers to publish and maintain lists of species and habitats in Wales that are regarded as of 'principal importance' for the purpose of maintaining and enhancing it biodiversity.
The appeal referred to s3 which required the jury to have regard to "everything both said and done according to the effect which in their opinion it would have on a reasonable man". The appellant argued that instead of considering the final provocation, the jury should have considered the events over the years leading up to the killing. Beldam L. J. rejected this, saying: But in R v Thornton (No 2)R v Thornton (No 2) (1996) 2 AER 1023 after considering new medical evidence, a retrial was ordered and the defendant was convicted of manslaughter on the ground of diminished responsibility.
In Whitehead v Woolworths, the court held that an employer may have regard to economic considerations, including the woman's availability to perform her services, when considering whether to employ a pregnant applicant. Section 187(1)(e) embraces any reason "related to her pregnancy." It therefore includes reasonable absences for medical attention and changes in the woman's physical configuration, which may dispose certain employers to fire employees engaged in certain types of work. If the main reason for the dismissal is the employee's pregnancy, the employer may not rely on an ancillary reason like the employee's alleged deceit in not disclosing her condition.
William Young J delivered a dissenting opinion in which he expressed that ss 6(a) and (b) of the RMA, "seems to me leave open the possibility that a use or development might be appropriate despite having adverse effects on outstanding natural character." William Young J stated that whether a particular use was appropriate or not may be considered in "light of the purpose of the RMA, and thus in terms of s 5. [...] For this reason, I consider that those charged with the interpretation or application of the NZCPS are entitled to have regard to s 5." At [180].
So standing in Irish environmental cases is generally assessed by taking into account whether the development will significantly affect a particular amenity or interests of the challenger. When required, given the facts of a case, courts should also have regard to the legitimate interests of the challenger in pursuing the application. The Supreme Court took special note of the fact that the place where this development is proposed to take place is protected by European Union law. The Supreme Court ruled that Ms Grace did have standing even though she did not participate in the decision-making or planning process of the wind farm.
The general rule in English law is that if one party to the contract is mistaken about the terms of the contract, this is not an excuse to fail to perform, the classic case being Smith v Hughes.(1871) LR 6 QB 597 There has been debate about whether at any point courts do in fact have regard to the subjective intentions of the parties. In Scriven Bros & Co v Hindley & Co[1913] 3 KB 564 Scriven Bros made a bid at an auction (the auctioneer was trading as Hindley & Co) for bales of hemp and tow. The auction catalogue suggested that one of the batches contained both hemp and tow.
This applies where work is done before 1 April 2013, or to the whole of the costs in "cases commenced", i.e. if proceedings are issued, before 1 April 2013.CPR 44.3(7) In these situations, the court should have regard to the seven pillars of wisdom. The court should adopt a two-stage approach:Lownds v Home Office [2002] 1 WLR 2450 # Compare the total costs claimed against the total benefits gained by the successful party: #If the total costs are proportionate to the total benefits: :a) Perform an item by item test of reasonableness; — if they are not proportionate: :b) Perform an item by item test of necessity.
Wet woodland - one of 56 habitats of principal importance for conservation of biodiversity in England. (Firebeacon, Devon) Female bullfinch - one of 943 species of principal importance for the conservation of biodiversity in England England is obliged by UK law to maintain lists of species and habitats of principal importance for biodiversity conservation; the other countries within the UK: Wales, Scotland and Northern Ireland, have their own laws for this purpose. Public bodies, including local authorities now have a legal duty to have regard to conserving biodiversity in the exercise of their normal functions. In England, this obligation derives from the Natural Environment and Rural Communities (NERC) Act 2006.
The Police Service is reformed by adding a number of amendments to the Police Act 1996, which require police forces to have regard to the views of people in their area about policing in that area. It creates a Police Senior Appointments Panel which has authority regarding the appointment of senior police officers. It creates a legal framework to allow two or more police forces to collaborate and make agreements in order to increase effectiveness and efficiency, for payment or otherwise. The Act also amended the Regulation of Investigatory Powers Act 2000 to allow for the collaboration agreements that are created under this Act.
The Constitution of India provides the DPCs two specific responsibilities. In preparing the draft development plan, the DPC shall have regard to matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation and the extent and type of available resources, both financial or otherwise. The DPC in this endeavor, is also mandated to consult such institutions and organizations as may be specified. In order that the plans at different levels are prepared, there is need to strengthen the system comprising the machinery of planning and the process of consolidation of plans at the district level.
The Countryside Act 1968 required public bodies, including the Forestry Commission, to "have regard to the desirability of conserving the natural beauty and amenity of the countryside." This forced the Commission to focus on conservation and recreation as well as the production and sale of timber. The conservation effort was partly driven by Peter Garthwaite and Sylvia Crowe. Crowe also helped the Commission landscape their forests to make them more appropriate for recreational use. The entrance to Northern Research station Having begun to develop campsites within their forests during the early 1960s, the Commission set up a Forest Cabins Branch during the 1970s to expand the number of cabins available for the public to stay in during their holidays.
The Northern Ireland Commissioner for Children and Young People (NICCY) is a publicly funded post, with responsibility for protecting children's rights as set out in the Convention on the Rights of the Child. Nigel Williams was the Commissioner from its introduction in 2003 until his death in 2006.Profile: Nigel Williams. Retrieved 24/7/08 In day-to-day operation, the Commissioner is independent and free to determine his/her own priorities according to a number of guiding principles chief of which is a requirement that the rights of the child must be the Commissioner's paramount consideration; but also including, for example, a requirement to have regard to the role of parents.
But it only contained tow. When the auctioneer tried to enforce the high bid by Scriven Bros, Lawrence J held he could not, because the sale had been procured by the auctioneer's own negligence. Guenter Treitel has argued that the case is best explained on the basis that the court will have regard to the subjective intentions of the parties - that in fact hemp and tow was being contracted for. But Ewan McKendrick argues that this case is still explicable through taking an objective approach to the parties expressed wishes: a reasonable person in Hindley's position would not have thought there was a contract with someone misled by their negligently prepared auction catalogue.
In 2001, the government of Ontario passed into law the Ontarians with Disabilities Act, 2001, requiring the government to adopt practices that eliminate barriers to participation of individuals with disabilities. Such practices are adopted by consultation with groups and individuals affected by or representing those with disabilities. These include defining building and structure guidelines, only leasing properties compliant with the guidelines, and sourcing products which "must have regard to their accessibility for persons with disabilities". The Ontarians with Disabilities Act is the short title of the Ontario Government's Bill 125 - An Act to improve the identification, removal and prevention of barriers faced by persons with disabilities and to make related amendments to other Acts.
The Act was amended in 1970 in response to the beginning of the Troubles. The amendment made it an offence to knowingly take part in an illegal procession or meeting; increased the notice required to 72 hours; made it an offence to attempt to prevent, hinder or annoy a legal procession and made it an offence to sit, kneel or lie in a public place to hinder any lawful activity. When considering whether to reroute a parade, the RUC were required to have regard to 'the desirability of not interfering with a public procession customarily held along a particular route'. Maximum fines and prison terms for lesser offences under the Act were increased.
Private covenants over land or anything regulated by other legislation are also incapable of being a material consideration in deciding a planning application. In deciding a planning application LPAs have a duty to start with the development plan and then have regard to all of the material planning considerations. However, while they cannot choose to simply ignore a relevant issue, provided they behave reasonably they are entitled to decide how much weight should be given to competing priorities. If planning permission is to be refused, or if enforcement action is to be taken against unauthorised development, then the LPA must give reasons in writing which show "demonstrable harm to interests of acknowledged importance".
The applicant > seeks an order directing that the Minister negotiate on this basis. [4] The > Minister does not dispute the obligation to negotiate in good faith, which > is derived from the honour of the Crown; rather the Minister characterizes > this application as an attempt to force a particular negotiation position on > the Crown and a breach of the confidentiality provisions of the protocol > governing negotiations. [5] While this case engages questions of Aboriginal > law, it fits equally into orthodox principles of administrative law. The > Minister has publicly committed to a policy and has a broad discretion under > that policy as to how he will negotiate. In the exercise of that discretion, > the Minister must have regard to the Policy’s parameters and terms.
If the words are plain, > effect must be given to them; if they are doubtful, the intention of the > legislature is to be gathered from the other provisions of the Statute aided > by a consideration of surrounding circumstances. In all cases in order to > discover the intention you may have recourse to contemporaneous > circumstances – to the history of the law ... In considering the history of > the law ... you must have regard to the historical facts surrounding the > bringing [of] the law into existence. ... You may deduce the intention of > the legislature from a consideration of the instrument itself in the light > of these facts and circumstances, but you cannot go beyond it.Tasmania v > Commonwealth (1907) 1 CLR 329 at 358-359.
Section 40 of the NERC Act places a duty to conserve biodiversity on public authorities in England. It requires local authorities and government departments to have regard to the purposes of conserving biodiversity in a manner that is consistent with the exercise of their normal functions such as policy and decision-making. 'Conserving biodiversity' may include enhancing, restoring or protecting a population or a habitat Section 41 requires the Secretary of State to publish and maintain lists of species and types of habitats which are regarded by Natural England to be of "principal importance" for the purposes of conserving biodiversity in England. These 56 priority habitats and 943 species are drawn from earlier lists of United Kingdom Biodiversity Action Plan Priority Species and Habitats.
Wambui claimed that the Kenyan President, Daniel arap Moi supported the Luo and provided legal representation and funding to fight the case, as Wambui was both a member of the formerly dominant Kikuyu group and a leader of the movement opposing Moi's autocratic regime.Gordon (1995),Gender, Ethnicity and Class in Kenya, p. 885.She also questioned the neutrality of the Appeal Court judgesStamp (1991), Burying Otieno: The Politics of Gender and Ethnicity”, p. 822. However, van Doren, a professor of Law, reports that Wambui counsel could not point to actual prejudice by these judges and considers that they and the High Court judge dealt as best they could with a situation where the relevant statute requires judges to have regard to African customary law.
Care and control is the right to make day- to-day decisions about the child; it should not be confused with "shared care" and the notion of the primary caregiver. Custody is the right to make all important decisions affecting the child and it is generally awarded to one parent ("sole custody") or shared between both parents ("joint custody"): see "PD v KWW (Joint Custody, Care and Control)" [2010] 4 HKLRD 191; [2010] HKCA 172. The paramount consideration for the court is always the welfare (or "best interests") of the child; this is known as the Welfare Principle (see section 3 of Cap 13). In determining the best interests of the child, the court will generally have regard to the Welfare Checklist, i.e.
The MCA 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes clear who can take decisions on their behalf, in which situations, and how they should do so. Through the LPA, the Act enables people to plan ahead for a time when they may lose capacity. Detailed guidance is provided by a Code of Practice to the MCA 2005Code of Practice to MCA 2005, published by the Ministry of Justice: to the Act, which people working as professionals in this field are required to 'have regard to': that is, to observe, unless (having decided in specific circumstances not to do so) they are prepared to explain afterwards – most probably in a post-incident inquiry – why not.
Peterswald v Bartley [1904] NSWStRp 28; (1904) 4 SR (NSW) 290. The High Court held that the NSW licence fee was not an excise as the fee did not depend on the quantity or value of the goods. Instead the NSW Act was for regulating the trade, including ensuring there was no adulteration of the beer. In delivering the opinion of the Court, Griffith CJ set out a principle that would be refined to the reserved state powers doctrine, stating: > In construing a Constitution like this it is necessary to have regard to its > general provisions as well as to particular sections, and to ascertain from > its whole purview whether the power to deal with such matters was intended > to be withdrawn from the States, and conferred upon the Commonwealth.
Diagram of the Malaysian Election Commission's composition, functions and independent features. Diagram showing the time table for review of federal and state constituencies by the Election Commission of Malaysia. The Constitution establishes an Election Commission (EC) which has the duty of preparing and revising the electoral rolls and conducting the Dewan Rakyat and State Legislative Council elections... Appointment of EC Members All 7 members of the EC are appointed by the Yang di-Pertuan Agong (acting on the advice of the Cabinet), after consulting the Conference of Rulers. Steps to enhance the EC's Independence To enhance the independence of the EC, the Constitution provides that: (i) The Yang di- Pertuan Agong shall have regard to the importance of securing an EC that enjoys public confidence when he appoints members of the commission (Art.
The primary finding of the majority was that the Excise Tariff Act was not a law with respect to taxation. Thus the question of whether it discriminated between States could only arise on the hypothesis that the primary finding was wrong and the law was "with respect to taxation". Their Honours held that "The words 'States or parts of States' must be read as synonymous with 'parts of the Commonwealth' or 'different localities within the Commonwealth.'" Because the Conciliation and Arbitration Act required the Court to have regard to local circumstances, it followed that the wages payable under an award "might vary according to the area within which the manufacture was carried on." and that this was an invalid attempt to authorise discrimination between States and parts of States.
Following is the text of the appeal: > The International Commission of Jurists is profoundly disturbed by the > rejection of pleas for mercy which have caused deep concern among the > jurists throughout the world. As appears from the judgment, the only > substantial evidence on which his conviction was based was that he had talks > with Beant Singh on various occasions but there was no evidence as to the > contents of those talks. We beseech you to exercise your right and power to > have regard to the merits of the case in order to prevent what might be a > terrible error of justice. However, in obscure Mustafabad, the native village of Kehar Singh about 10 km from Bassi Pathana on the Chandigarh-Sirhind road, his relatives were calm on the day of hanging.
In 2009, Prime Minister Lee Hsien Loong proposed in Parliament that the Committee should also invite nominations from the people sector such as candidates from the environmental movement, young activists, new citizens, and community and grassroots leaders. He felt that "[t]his will give civil society a voice in Parliament and encourage civil society to grow and to mature further". In addition, nominees may be persons who have rendered distinguished public service or who have brought honour to Singapore, and the Committee must have regard to the need for NMPs to reflect as wide a range of independent and non- partisan views as possible. However, a person appointed as an NMP is not required to resign from any political party that he or she is a member of.
The court would have to have regard to the facts of case and to apply ordinary, common-sense standards in determining whether or not there existed a causal connection between the damage and the driving sufficiently real and close to enable it to say that the death or injury had "aris[en] out of" the driving. In the present case, the spillage of fuel from a stationary vehicle onto the road surface, as a result of the driver's attempt to rectify a fault in the fuel system, that he might continue driving, had caused other vehicles to skid on the fuel and collide, resulting both in injuries and in deaths. These the court found to have "aris[en] out of" the driving of the truck, notwithstanding the fact that the truck was stationary at the time of the accident.
He, in his sermon The Faculty of Impromptu Speech, describes extemporaneous preaching as a process of the preacher immersing himself in the Scriptures and prayer, knowing it so well that he only needs to find the appropriate words in the moment that the sermon is given. He states, :Only thoughtless persons think this to be easy; it is at once the most laborious and the most efficient mode of preaching, Henry Ware Jr. states, :The first thing to be observed is, that the student who would acquire facility in this art, should bear it constantly in mind, and have regard to it in all his studies and in his whole mode of study. On the other hand, it is distinct from many other forms of memorized preaching. Proponents claim that the importance of preaching demands it be extemporaneous.
NMPs are appointed for a term of two and a half years on the recommendation of a Special Select Committee chaired by the Speaker of Parliament. The Committee may nominate persons who have rendered distinguished public service or who have brought honour to Singapore, and also invites proposals of candidates from community groups in the fields of arts and letters, culture, the sciences, business, industry, the professions, social or community service, and the labour movement. In 2009, Prime Minister Lee Hsien Loong proposed in Parliament that the Committee should also invite nominations from the civil society such as candidates from the environmental movement, young activists, new citizens, and community and grassroots leaders. In addition, the Committee must have regard to the need for NMPs to reflect as wide a range of independent and nonpartisan views as possible.
The former had fewer rights, as the court, in considering the application for their eviction, did not have to consider whether or not land had been made available or could reasonably be made available for their relocation. In the event of a sale in execution over bonded property, however, those with less than six months' occupation received more protection, because the court had to have regard to the needs of the elderly, children, disabled persons and households headed by women,s 4(6) something it did not have to take into account in the case of those who had occupied for more than six months.s 4(6)Para 10. Harms held further that the ordinary definition of the term meant, textually, that the Act applied to all "unlawful occupiers," irrespective of whether their possession had at an earlier stage been lawful.
The case came before Knox J. He reviewed the relevant authorities on financing transactions and mortgages, including the judgment of Lord Hanworth MR in Re George Inglefield Ltd [1933] Ch 1, particularly his comment that: "It is old law, and plain law, that in transactions of this sort the Court must consider whether or not the documents really mask the true transaction. If they do merely mask the transaction, the Court must have regard to the true position, in substance and in fact, and for this purpose tear away the mask or cloak that has been put upon the real transaction."[1933] Ch 1 at 17 He also reviewed Manchester Sheffield and Lincolnshire Railway Co v North Central Wagon Co (1888) 13 App Cas 554. Ultimately he decided that in truth the transaction was a financing arrangement.
Knowledge is still the cornerstone of the liability in Australia and Canada.Gold v Rosenberg [1997] 3 SCR 767 The modern English terminology emerged in Royal Brunei Airlines v Tan[1995] 2 AC 378 in which the Privy Council rejected knowledge as an element of the liability and replaced it with a requirement for dishonesty. After opting for the imposition of fault-based liability, Lord Nicholls said, His Lordship went on to articulate a test for dishonesty, which is generally perceived to be an objective test with some subjective characteristics: Hence, the conduct of the defendant is to be assessed according to an objective standard of dishonesty in light of the actual knowledge of the defendant. When undertaking such exercise, the court will also have regard to personal attributes of the defendant, such as his experience and intelligence, and the reason why he acted as he did.
After Vince had made his fortune, Wyatt, who had lived what was later described in court as "16 years of real hardship", lodged a financial claim of £1.9 million against Vince in 2011, nearly 20 years after their divorce. The Court of Appeal rejected the claim, stating it had "no real prospect of success" and was an "abuse of process". However, in March 2015 the Supreme Court set aside this decision, ruling that there was no time limit in law for claims for financial provision, and the claim could progress in the High Court. Lord Wilson said the court must have regard "to the contribution of each party to the welfare of the family, including by looking after the home or caring for the family", but the claim only had a prospect of "comparatively modest success" with a £1.9 million payout "out of the question".
Section 40 of The Natural Environment and Rural Communities (NERC) Act 2006 places a legal obligation on public bodies in England to have regard to particular living organisms and types of habitat which are of the greatest conservation importance whilst carrying out their functions, whilst also having a general regard for protecting all biodiversity. Section 41 of that same Act of Parliament requires the Secretary of State to maintain and publish statutory lists of these features \- a function carried out on his/her behalf by Defra and Natural England. The lists given here are sometimes known as the 'Section 41 lists', or 'priority habitats' and 'priority species' lists. They replace an earlier list which was required under Section 74 of the CRoW Act of 2000, and which was published by Defra two years later, though their contents were at that time identical to the UK BAP priority habitats and species lists.
The judge explained that an Applicant, when seeking leave for a judicial review must produce an affidavit that specifically establishes how he/she believes the decision making procedure was wrong. Judge McGuinness contrasted this case with R v Secretary of State for the Home Department, ex parte Turgut [2001] 1 All ER 719, where "1,500 specific pages of specific evidence were submitted to the Court." In this case, on the other hand, the judge could not find whether the facts supported a proper ground for the relief being fought, "because neither in the Adam proceedings nor the Iordache proceedings did the pleadings set out any specific evidence that the Minister had failed to have regard to the situation in Romania when considering the position of the Applicants." The judge found that the Applicants did not provide much evidence for their claims and did not put forward a strong case.
In order to enable grab samples or rivers to be treated as representative, repeat transverse and longitudinal transect surveys taken at different times of day and times of year are required to establish that the grab-sample location is as representative as is reasonably possible. For large rivers such surveys should also have regard to the depth of the sample and how to best manage the sampling locations at times of flood and drought. A rosette sampler used for ocean monitoring In lakes grab samples are relatively simple to take using depth samplers which can be lowered to a pre-determined depth and then closed trapping a fixed volume of water from the required depth. In all but the shallowest lakes, there are major changes in the chemical composition of lake water at different depths, especially during the summer months when many lakes stratify into a warm, well oxygenated upper layer (epilimnion) and a cool de- oxygenated lower layer (hypolimnion).
Glasse also did not give instructions on how to run the household. In her preface, she writes: > I shall not take upon me to meddle in the physical Way farther than two > Receipts which will be of Use to the Publick in general: One is for the Bite > of a mad Dog; and the other, if a Man shoud be near where the Plague is, he > shall be in no Danger; which, if made Use of, would be found of very great > Service to those who go Abroad. Nor shall I take it upon me to direct a Lady > in the Oeconomy of her Family, for every Mistress does, or at least ought to > know what is most proper to be done there; therefore I shall not fill my > Book with a deal of Nonsense of that Kind, which I am very well assur'd none > will have Regard to. Glasse aimed The Art of Cookery at a city-dwelling readership and, unlike many predecessors, there was no reference to "country gentlewomen" or the tradition of the hospitality of the gentry.
The Legal Services Board is an oversight regulator, and sits at the top of the regulatory system for legal services in England and Wales. It provides regulatory oversight of the eight ‘’approved regulators’’ named in the Legal Services Act of 2007 (LSA 2007), and two additional regulators added since the act gained Royal Assent. The Act outlines the general functions of the Board, which include: a duty to promote the regulatory objectives (and act in a way which it considers most appropriate for the purpose of meeting those objectives); to assist the regulators in the maintenance and development of standards of regulation, education and training of authorised persons; to have regard to good corporate governance practice in its affairs; and to prepare an annual report detailing the discharge of its functions in the previous financial year and its performance in line with the regulatory objectives. It also oversees the Office for Legal Complaints (the body responsible for administering the Legal Ombudsman scheme), and makes recommendations to amend the list of reserved legal activities.
I beg of thee to have regard to my character and give not that advantage against me, either with God or good or bad men, whose ill use of it I most fear on a public account. I have just now received thine of 5th, 5th month and am very sorry that wicked man, D. L. could blow up any of his mermidons to such a pitch as thy account of William Biles relates that is a meer vox et praetara nihil, a cox comb and a pragmatic ingraine. That fellow's plantation is a robbery on Pennsbury and if there be a grant, was not a purchase from me nor toward land write for me was surveyed long before and done in my absence, formerly and Judge Monpresson can tell if I may not be deceived in my grant as well as the Crown, be it King or Queen Since if confirmed it was on. Surprize and rattle an Inquisition about his [William Biles'] ears if not a prosecution.
Like the common law grounds (that public bodies must act within lawful power, uphold legitimate expectations, and natural justice), human rights violations are a major ground for judicial review. Since World War Two, the Holocaust, and the end of the British Empire, ensuring compatibility between international human rights and UK law has generally been considered a binding duty of the courts,e.g. Seaford Court Estates Ltd v Asher [1949] 2 KB 481, 498-499, Denning LJ, a judge ‘must set to work on the constructive task of finding the intention of Parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give “force and life” to the intention of the legislature.’ Ahmad v Inner London Education Authority [1978] QB 38, Lord Denning MR, 'The convention is not part of our English law, but, as I have often said, we will always have regard to it.
Wolverhampton City Council approved in principle a compulsory purchase order ("CPO") (under the Town and Country Planning Act 1990 section 226(1)(a)) of land owned by Sainsbury’s (its Raglan Street site) to facilitate instead a competing proposed development for the site by Tesco. The Council took into account Tesco's commitment to contribute financially to public assets at an off-site ("Royal Hospital") site with no proven real connection in issuing its approval. Sainsbury’s contended to the court that it was illegitimate for Wolverhampton to have regard to Tesco’s monetary commitment involved with its regeneration of another site which bore no real connection with the site it wished to develop. Wolverhampton and the second respondent, Tesco, contended that such a factor was inherently legitimate in the light of the scope of the established factors in statute and precedent once a first-stage evaluation fairly came down in its favour excluding that factor, leaving a second-stage ultimate choice between two rival developers for the site and a need to look at other factors, and so should at that hypothetical second stage be a valid factor to consider.
The Secretary of State is also given the power to draw up the initial instruments and articles of government of a new sixth- form, a function previously undertaken by the YPLA. As a result of the removal of almost all of their responsibilities, Schedule 12 also dissolves the YPLA and transfers any remaining powers to the Secretary of State. The Schedule also removes the need for post-16 governing bodies to have regard to possible future staff and students in the exercise of their functions, as well as transferring to the Secretary of State the power currently held by the Chief Executive of Skills Funding in respect of further education colleges, and by the local authority in respect to sixth-form colleges, to intervene in establishments that are considered to be either mismanaged or failing. The final provisions of part 5 relate to Pupil Referral Units (PRUs), with Section 50 providing for PRUs to be allocated funding by the local authority in the same manner as maintained schools, whilst Section 51 repeals unenacted provisions in the Apprenticeships, Skills, Children and Learning Act 2009 that would have renamed PRUs as 'Short-Stay Schools'.
Like the common law grounds (that public bodies must act within lawful power, uphold legitimate expectations, and natural justice), human rights violations are a major ground for judicial review. Since World War Two, the Holocaust, and the end of the British Empire, ensuring compatibility between international human rights and UK law has generally been considered a binding duty of the courts,e.g. Seaford Court Estates Ltd v Asher [1949] 2 KB 481, 498-499, Denning LJ, a judge ‘must set to work on the constructive task of finding the intention of Parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give “force and life” to the intention of the legislature.’ Ahmad v Inner London Education Authority [1978] QB 38, Lord Denning MR, 'The convention is not part of our English law, but, as I have often said, we will always have regard to it.
It referred to the CJEU's invalidation of the EU Data Directive on the basis it permitted providers to have regard to economic considerations when determining the level of security which they applied. Both the LCA and the ALHR submissions expressed concern about s 187C(3), which allows a service provider to keep information or a document for a period longer than the two- year data retention period. Furthermore, once data is accessed by a law enforcement agency, there is no obligation upon it to destroy it in a timely manner even when it is irrelevant to the agency or no longer needed. The LCA made two recommendations - first, that the views of the Office of the Australian Information Commissioner should be obtained to determine whether the current APPs and the proposed Telecommunications Service Sector Security Reform (TSSR) relating to the destruction of telecommunications data by service providers is sufficient to safeguard personal information, and, second, that the Bill should be amended to require law enforcement and security agencies to de-identify or put beyond use in a timely manner, data containing ‘personal’ information which is no longer relevant or needed for the agencies purposes.
If the Judge finds that the evidence has been improperly obtained, the Judge may determine if the exclusion of the evidence is proportionate to the impropriety by means of a balancing process that gives appropriate weight to the impropriety but also takes proper account of the need for an effective and credible system of justice. In undertaking that balancing exercise, the Judge may, among other matters, have regard to the importance of any right breached by the impropriety, the nature of the impropriety, in particular, whether it was deliberate or reckless or done in bad faith, and the seriousness of the offence with which the defendant is charged. Section 31 prevents the prosecution from relying on a defendant's statement that another party puts in evidence if the prosecution is precluded from using the statement because of sections 28, 29 or 30. Section 32 prohibits any invitation to the Judge or jury in a criminal trial to draw an inference that the defendant is guilty from the defendant's silence in the course of official questioning before the trial or from the defendant's failure to disclose a defence before trial.
The Jewish historian Josephus used the term "Sodomites" in summarizing the Genesis narrative: "About this time the Sodomites grew proud, on account of their riches and great wealth; they became unjust towards men, and impious towards God, in so much that they did not call to mind the advantages they received from him: they hated strangers, and abused themselves with Sodomitical practices" "Now when the Sodomites saw the young men to be of beautiful countenances, and this to an extraordinary degree, and that they took up their lodgings with Lot, they resolved themselves to enjoy these beautiful boys by force and violence; and when Lot exhorted them to sobriety, and not to offer any thing immodest to the strangers, but to have regard to their lodging in his house; and promised that if their inclinations could not be governed, he would expose his daughters to their lust, instead of these strangers; neither thus were they made ashamed." (Antiquities 1.11.1,3 — circa AD 96). His assessment goes beyond the Biblical data, though it is seen by conservatives as defining what manner of fornication (Jude 1:7) Sodom was given to.
Section 89 of the Education and Inspections Act 2006 provides for state schools for 'Determination by headteacher of behavior policy' (1)The headteacher of a relevant school must determine measures to be taken with a view to— (a)promoting, among pupils, self-discipline and proper regard for authority, (b)encouraging good behavior and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils, (c)securing that the standard of behavior of pupils is acceptable, (d)securing that pupils complete any tasks reasonably assigned to them in connection with their education, and (e)otherwise regulating the conduct of pupils. (2)The headteacher must in determining such measures— (a)act in accordance with the current statement made by the governing body under section 88(2)(a), and (b)have regard to any notification or guidance given to him under section 88(2)(b). (3)The standard of behavior which is to be regarded as acceptable must be determined by the headteacher, so far as it is not determined by the governing body. (4)The measures which the headteacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).

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