Example sentences of "61(1) of [art] " in BNC.
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| 1 | then joined as third , fourth and fifth defendants certain solicitors who had acted for the first two defendants and who , it was alleged , had been knowingly concerned , within the meaning of sections 6(2) and 61(1) of the Act of 1986 , with the first two defendants ' breaches of sections 3 , 47 , 56 and 57 of that Act . |
| 2 | By a summons dated 15 March 1991 the third , fourth and fifth defendants ( ‘ the solicitors ’ ) sought an order pursuant to R.S.C. , Ord. 18 , r. 19 that the amended statement of claim , alternatively that paragraphs 11 and 13 of the prayer to the amended statement of claim , be struck out as against them on the ground that they disclosed no reasonable cause of action ; alternatively , an order pursuant to R.S.C. , Ord. 14A that the court had no power under section 6(2) of the Financial Services Act 1986 to make the order sought in paragraph 11 of the prayer to the amended statement of claim and that the court had no power under section 61(1) of the Act of 1986 to make the order sought in paragraph 13 of the prayer to the amended statement of claim . |
| 3 | By a notice of appeal dated 6 September 1991 the solicitors appealed on the grounds that ( 1 ) the judge was wrong in law in holding that ( a ) under section 6(2) of the Act of 1986 the court had jurisdiction to order any person other than the contravener who appeared to the court to have been knowingly concerned in the contravention of section 3 of the Act to repay to investors sums paid by them to Pantell and ( b ) under section 61(1) of the Act the court had jurisdiction to order any person other than the contravener who appeared to the court to have been knowingly concerned in the contravention of any rules , regulations or provisions referred to in that section to repay to investors sums paid by them to Pantell ; ( 2 ) the court had no jurisdiction under sections 6(2) and 61(1) to award claims for compensation for loss against persons knowingly concerned in such contraventions in contrast to sections 6(3) to ( 7 ) and sections 61(3) to ( 7 ) ; ( 3 ) the judge was wrong in law in holding that ( a ) the power of the court under section 6(2) to order a person knowingly concerned in the contravention to take such steps as the court might direct for restoring the parties to the transaction to the position in which they were before the transaction was entered into and ( b ) the power of the court under section 61(1) to order a person knowingly concerned in the contravention of the rules , regulations or provisions referred to in that section to take such steps as the court might direct to remedy it included power to make a financial award against such person directing payment by that person to individual investors of sums equivalent to the amounts paid by such investors pursuant to the said transaction , neither subsection empowering the court to order restitution by the repayment of moneys outside the possession or control of the person concerned ; and ( 4 ) the judge erred in law ( a ) in his construction of sections 6(2) and 61(1) in failing to have regard to the principle ‘ generalibus specialia derogant , ’ in particular in holding that there could exist within each of sections 6 and 61 two parallel powers to order financial redress at the suit of the plaintiff , one derived from sections 6(3) and 6(4) and sections 61(3) and 61(4) respectively , which was subject to the limitations set out in those and subsequent subsections , and the other derived from section 6(2) and section 61(1) , which was subject to no such limitations ; ( b ) in rejecting the submission that sections 6 and 61 were essentially procedural and did not create new substantive legal rights and remedies ; and ( c ) in failing to have regard to the fact that the orders sought under paragraphs 11 and 13 of the prayer to the amended statement of claim required payment to the plaintiff or alternatively into court of moneys recovered thereunder from the solicitors despite the absence of any provisions for such orders in the Act , his dismissal of the summons being inconsistent with his finding that there was no provision in sections 6(2) or 61(1) directing payment into court and that any order under the sections would have to direct repayment of the sum paid to each individual investor who had made the original payment . |
| 4 | under sections 6(2) and 61(1) of the Financial Services Act 1986 against a firm of solicitors who acted for a person carrying on an unauthorised investment business . |
| 5 | The question whether the involvement of the solicitors in the manner pleaded in the four sub-paragraphs is sufficient to make them ‘ knowingly concerned ’ for the purposes of section 6(2) or section 61(1) of the Act has not been addressed . |
| 6 | In the alternative the summons sought an order that the court had no power under section 6(2) or section 61(1) of the Act of 1986 to make the orders sought in paragraphs 11 and 13 of the prayer . |
| 7 | on the brief submissions which were made on section 61(1) of the Act . |
| 8 | The wording of section 61(1) of the Act of 1967 apparently envisages that , if and when the Parole Board ( or a local review committee ) recommends release , the judiciary will then be consulted . |
| 9 | However , as was made clear by the Divisional Court , the release of a life sentence prisoner is solely at my discretion and it is for me to decide , after receiving the Parole Board 's recommendation and after consulting the judiciary as required by section 61(1) of the Criminal Justice Act 1967 , when actual release should take place . |
| 10 | They are not the statutory consultations required by section 61(1) of the Criminal Justice Act 1967 , but are added to that consultation at an earlier stage . |
| 11 | I agree with his conclusion that , although the power to release a life prisoner on licence is conferred by section 61(1) of the Criminal Justice Act 1967 on the Secretary of State , the decisions leading to that release , including the decision as to the period to be served by the prisoner for the purposes of retribution and deterrence , may properly and lawfully be made by a junior minister in the Home Department . |
| 12 | The Secretary of State may only exercise his power under section 61(1) of the Act of 1967 to release on licence a prisoner serving a life sentence if : ( a ) the Parole Board has recommended he should do so ; and ( b ) he has consulted with the Lord Chief Justice and the trial judge if available . |
| 13 | ‘ In respect of all the applicants , a declaration that in carrying out his announced policy under and in relation to section 61(1) of the Criminal Justice Act 1967 in respect of persons serving sentences of life imprisonment imposed in the discretion of the trial judge , the Secretary of State for the Home Department , in determining for how long such a person ought to be detained for punitive purposes should fix the date of the first review by the local review committee and the Parole Board strictly in accordance with a period of detention ( that is to say , the notional determinate sentence less one-third remission ) recommended by the judiciary as necessary to meet the requirements of retribution and deterrence . |
| 14 | Mr. Pannick , for the Secretary of State , reminds us that a prisoner serving a sentence of life imprisonment has no right to be released on licence ; he has at best a hope that the Secretary of State will release him in the exercise of his discretion under section 61(1) of the Criminal Justice Act 1967 . |
| 15 | That section was repealed and replaced by section 61(1) of the Criminal Justice Act 1967 , which applied to all life prisoners and not merely those convicted of murder . |
| 16 | There is in my opinion nothing whatever in section 61(1) of the Act of 1967 to suggest that the Secretary of State is bound by the advice of the Lord Chief Justice or the trial judge . |
| 17 | Section 61(1) of the Criminal Justice Act 1967 makes it clear that the decision as to release on licence is for the Home Secretary , although he is obliged to consult the judiciary . |
| 18 | Section 61(1) of the Criminal Justices Act 1967 confers power to release a life prisoner on the Secretary of State . |
| 19 | ‘ the release of a life sentence prisoner is solely at my discretion and it is for me to decide , after receiving the Parole Board 's recommendation and after consulting the judiciary as required by section 61(1) of the Criminal Justice Act 1967 , when actual release should take place . |
| 20 | It is common ground that the education of the children at reduced fees was a taxable benefit under section 61(1) of the Finance Act 1976 which provides : |
| 21 | Section 61(1) of the Sale of Goods Act defines a warranty as ’ … an agreement with reference to goods which are the subject of a contract of sale , but collateral to the main purpose of such contract , the breach of which gives rise to a claim for damages , but not to a right to reject the goods and treat the contract as repudiated . ’ |
| 22 | Section 61(1) of the Sale of Goods Act tells us that : |
| 23 | But " goods " are defined by section 61(1) of the Act as including : all personal chattels other than things in action and money . |