Example sentences of "section [no cls] of [art] [noun pl] [noun] " in BNC.
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| 1 | The local authority appealed against that part of the order by which the justices purported to direct that the guardian ad litem be allowed to have continued involvement with L. on the grounds , inter alia , that ( 1 ) the justices had no jurisdiction to attach a condition to the care order which had been agreed by the parties and approved by the justices ; ( 2 ) in the alternative , the justices had no jurisdiction to make the direction , because ( i ) it had the effect of fettering the discretion of the local authority in the exercise of its functions under section 33 of the Children Act 1989 , and ( ii ) the justices had no power to order the guardian ad litem to ‘ have continued involvement ’ once the proceedings had been concluded by the making of an order under section 41 of the Children Act 1989 ; and ( 3 ) the justices had no jurisdiction to make a direction which anticipated a further application before the court , the justices power to give directions in respect of future applications being confined to a prohibition of further specified applications under section 91(14) of the Children Act 1989 . |
| 2 | ‘ In this section — … ‘ company ’ means a company within the meaning given by section 735(1) of the Companies Act or a company which may be wound up under Part V of this Act ( unregistered companies ) ; … |
| 3 | Mr. Eccles , for I.B.C. , in addition to his emphasis on the definition in section 735(1) of the Companies Act 1985 , referred to other specific provisions in the Insolvency Act 1986 in support of his submission that ‘ company ’ should be given its prima facie and primary meaning in relation to the provisions governing administrative receivers . |
| 4 | ( 2 ) ( a ) The justices were under a duty to consider whether it was better for the child for a secure accommodation order to be made rather than no order at all being made upon the application ( in accordance with section 1(5) of the Children Act 1989 ) . |
| 5 | ‘ The justices were under a duty to consider whether it was better for the child for a secure accommodation order to be made rather than no order at all being made upon the application in accordance with section 1(5) of the Children Act . |
| 6 | I have also been asked whether it would be possible to make partial exemption orders under section 48(1) of the Shops Act . |
| 7 | The applicant sought judicial review and an order directing the first bench to determine the information and relied upon section 9(2) of the Magistrates Courts Act 1980 . |
| 8 | Section 9(2) of the Magistrates Courts Act 1980 is in identical terms to section 13(2) of the Magistrates ' Courts Act 1952 . |
| 9 | Under section 22(3) of the Children Act 1989 the local authority has the duty ‘ to safeguard and promote the welfare ’ of children in care and , in my judgment , responsibility for the care of the child is firmly with the local authority once a care order is made . |
| 10 | ( i ) the practising certificate of any member is withdrawn due to non-renewal under Section 14(5) of the Solicitors Act 1974 provided that a new practising certificate is issued within two months of such expiry ; or |
| 11 | Paradoxically , assaulting a constable contrary to section 54(1) of the Police Act 1964 , which would appear to be an aggravated form of the offence is triable summarily only . |
| 12 | The police treated those who refused to turn back as being vulnerable to the charge of obstruction of the police in the execution of their duty , contrary to section 51(3) of the Police Act 1964 . |
| 13 | By an order dated 30 March 1992 Waite J. granted the local authority 's application under section 100(3) of the Children Act 1989 for leave to invoke the court 's inherent jurisdiction to determine whether artificial ventilation and/or other life-saving measures should be given to J. , an infant for whom the local authority shared parental responsibility pursuant to a care order made under the Act of 1989 , if he were to suffer a life-threatening event . |
| 14 | That was a case involving a death in prison and an inquest had to be held by reason of section 3(1) of the Coroners Act 1887 ( 50 & 51 Vict. c. 71 ) . |
| 15 | The first point which has been raised on this appeal is the use of the present tense in section 31(2) of the Children Act 1989 . |
| 16 | Again , in Sevcon Ltd. v. Lucas CAV Ltd. [ 1986 ] 1 W.L.R. 462 , 465 , the House of Lords had to consider section 13(4) of the Patents Act 1949 , which provided : |
| 17 | The coroner refused to hold an inquest under section 8(1) of the Coroners Act 1988 on the ground that death was due to natural causes . |
| 18 | The justices declined to make the interim care order and made two prohibited steps orders under section 8(1) of the Children Act 1989 without giving the parties an opportunity to make representations as to whether such orders were appropriate . |
| 19 | ( 2 ) Allowing the appeal , that before making the prohibited steps orders the justices should have informed the parties of their intention and given them an opportunity to make submissions as to whether such orders were appropriate ; that the justices had had no jurisdiction to make an order prohibiting the parents from having contact with each other because such contact was not a step which could be taken by a parent in meeting his responsibility towards his child and thus was outside the terms of section 8(1) of the Children Act 1989 ; that , on the evidence they accepted , the justices had been plainly wrong to refuse to make the interim care orders ; and that , accordingly , the court would substitute interim care orders relating to both children ( post , pp. 271B–D , H — 272A , F , H — 273A ) . |
| 20 | The local authority appealed against the orders and sought an interim care order on the grounds that ( 1 ) the justices had erred in law when they had made the order preventing the parents from having contact with each other as contact between adults was not a step which could be taken by a parent in meeting his responsibilities towards his child and thus fell outside the terms of section 8(1) of the Children Act 1989 ; ( 2 ) there had been no application for a section 8 order and before exercising powers under section 10(1) ( b ) of the Act of 1989 the justices should have invited the parties to make representations , and the failure to do so was a material irregularity ; ( 3 ) the justices , having found as a fact that the parents had been in continuous contact and there were grounds for believing that the children would suffer harm , had been plainly wrong in refusing to make the interim care order in respect of both children in that they had failed to have regard to the facts that both parents had colluded over injuries to D. , the mother had lied when she had stated that there had been no contact with the father , the father had been in breach of a bail order there had been a violent incident on 23 November 1991 which had involved both parents , the mother had refused to be accommodated with the children in a mother and baby home , and the mother had changed her mind about the adoption of R. ; and ( 4 ) in all the circumstances the order which would have been in the best interests of the children and which the justices should have made was an interim care order . |
| 21 | The first is that in making a prohibited steps order prohibiting the parents from having any contact with each other the justices erred in law as contact between adults is not a step which could be taken by a parent in meeting a parent 's responsibility for a child and thus falls outside the terms of section 8(1) of the Children Act 1989 , by which a prohibited steps order means an order that no step which could be taken by a parent in meeting his parental responsibility for a child and which is of a kind specified in the order shall be taken by any person without the consent of the court . |
| 22 | When making the care order , the justices , concerned about the divergent views regarding the proposed rehabilitation plan but having decided not to make an order that there be no contact between the mother and child under section 34(2) of the Children Act 1989 made a direction that the guardian ad litem 's involvement should be allowed to continue in order to investigate the progress of the rehabilitation so that , if appropriate , the child could seek an order for contact to be terminated . |
| 23 | They took the view that under section 34(2) of the Children Act 1984 they had the power to order that there should be no contact between the mother and the child , thus preventing the local authority from carrying out the rehabilitation plan . |
| 24 | On the foster mother 's application under section 10(9) of the Children Act 1989 for leave to apply for residence orders under section 8 of the Act in respect of the children , no direction was made that the children 's natural mother be notified , and she remained unaware of the application until it had been determined . |
| 25 | By applications dated 13 December 1991 pursuant to section 10(9) of the Children Act 1989 the foster mother sought leave to apply for residence orders under section 8 of the Act of 1989 in respect of the children . |
| 26 | Section 10(9) of the Children Act lays down specific criteria which the court must apply when an applicant seeks leave to apply for a s8 order ( see pp171-172 ) . |
| 27 | The club contended that in attending the matches the police were merely fulfilling their duty to enforce the law and their attendance did not constitute the provision of ‘ special police services ’ within section 15(1) of the Police Act 1964 . |
| 28 | An order made by my right hon. Friend the Secretary of State for the Home Department under section 43(1) of the Shops Act 1950 would only lift the requirement for shops to close ordinarily by 8 pm on Sundays . |
| 29 | Section 4(1) of the Police Act 1964 states that it is the duty of every police authority to secure the maintenance of an adequate and efficient police force for the area and gives it certain responsibilities in relation to the establishment , buildings and equipment . |
| 30 | The basic requirements for the grant of a patent are stated in section 1(1) of the Patents Act 1977 as follows : A patent may be granted only for an invention in respect of which the following conditions are satisfied , that is to say — a ) the invention is new ; b ) it involves an inventive step ; c ) it is capable of industrial application ; d ) the grant of a patent for it is not excluded by subsections ( 2 ) and ( 3 ) below … |