The rule would be incompatible and should be disapplied if it shown to have an adverse impact on more women than men. If it is disapplied, it is not necessary for the claimant to point to a comparator of the opposite sex working for the same employer who has been adversely affected by the rule.
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By decision of the National Electoral Council, Venezuela's electoral system replaced the international observation figure by a "convenient accompaniment". On 5 June 2020, the Supreme Tribunal "disapplied" Articles 14, 15, 174, 175, 176, 177, 178, 179, 180, 181, 182 and 186 of the Organic Law of Electoral Processes and modified the indigenous circunscription special mechanism.
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The Merchant Shipping Act 1988 c.12 was an Act of Parliament of the United Kingdom. It aimed to prevent foreign fishing fleets from fishing in British territorial waters. In the Factortame case, its provisions in Parts I and II, Registration of British Ships, were disapplied by the House of Lords when they were found to conflict with European Community law and the Common Fisheries Policy.
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In the House of Lords Factortame case, Lord Bridge confirmed that section 2(4) of the ECA effectively automatically inserts a virtual (implied) clause into all UK statutes, that they are to be automatically disapplied wherever they come into conflict with European law. This is seen by some as a departure from the English constitutional doctrine of Westminster parliamentary sovereignty as it was and had been traditionally understood.
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The Court held that the issues under this question were: (i) whether the clauses in the charterparties providing for commissions “purported to confer a benefit” on Cleaves within s. (1)(b) CRTPA; and (ii) whether s. 1(b) was disapplied by s. 1(2) because “on a proper construction of the contact it appears that the parties did not intend the term to be enforceable by the third party”.
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In order for a piece of software to claim to be compliant to the MISRA C Guidelines, all mandatory rules shall be met and all required rules and directives shall either be met or subject to a formal deviation. Advisory rules may be disapplied without a formal deviation, but this should still be recorded in the project documentation. Note: For compliance purposes, there is no distinction between rules and directives.
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The Entail Act 1685 (c 26) [12mo ed: c 22] was an Act of the Parliament of Scotland. It was one of the Entail Acts.The Short Titles Act 1896, section 2(1) and Schedule 2 This Act was disapplied by section 2 of the Entail (Scotland) Act 1914. The whole Act was repealed by sections 76(2) of, and Part I of Schedule 13 to, the Abolition of Feudal Tenure etc. (Scotland) Act 2000 on 28 November 2004.
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The Department for Education released a new National Curriculum for schools in England for September 2014, which included 'Computing'. Following Michael Gove's speech in 2012, the subject of Information Communication Technology (ICT) has been disapplied and replaced by Computing. With the new curriculum, materials have been written by commercial companies, to support non-specialist teachers, for example, '100 Computing Lessons' by Scholastic. The Computing at Schools organisation has created a 'Network of Teaching Excellence'to support schools with the new curriculum.
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They claimed that the act was rushed through parliament and was incompatible with the Human Rights Act and the European Union Charter of Fundamental Rights. On 17 July 2015 the High Court upheld the challenge, finding sections 1 and 2 of the Act to be unlawful. The court issued an order that sections 1 and 2 be disapplied, suspended until 31 March 2016, thereby giving the government a deadline to come up with alternative legislation which is compatible with EU law.
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Further objections considered the norms established by the Interpretation and General Clauses Ordinance (Cap. 1.) vis à vis subordinate legislation: the CFI were of the view that the ERO envisaged regulations beyond the scope of the norms established by the IGCO, and therefore that the ERO would allow the enactment of primary legislation by the Chief Executive, but the court held that the IGCO was disapplied by implication. In view of the above, the court rejected the application for judicial review on Ground 1.
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Amongst European countries, the European Court of Justice has consistently ruled since 1964 that EU law has primacy over the laws of member states in the areas where member states allow it to legislate. National law which is incompatible with an agreement already made at European level is deemed to be 'disapplied' when questions arise in courts. This controversial and fundamental principle of European Community law was first recognised in the case of Van Gend en Loos in 1963 which was followed in Costa v. ENEL in 1964.
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Secretary of State for Transport ex parte Factortame is considered decisive as to the superiority of EU law over British law. It judged that the Merchant Shipping Act 1988 and section 21 of the Crown Proceedings Act 1947 (which prevented an injunction against the Crown) should be disapplied. Alongside R v Employment Secretary, ex parte EOC, these two cases establish that any national legislation, coming into force before or after the European Communities Act 1972, cannot be applied by British courts if it contradicts Community law.Bradley, Ewing (2007). p. 72.
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As has been said earlier, the 1915 Act had disapplied the Act where board, attendance, or furniture was provided. The 1923 Act now quantified the amount of attendance or provided furniture so that only substantial provision in rental terms would take the letting out of control. In other words, the value of attendance (personal services provided to the tenant) or the value of the furniture had to form a substantial part of the rental value. Subsequent legislation made minor amendments to previous enactments, and the Expiring Laws Continuance Acts 1927-1932 ensured continuity of the Rent Acts until 1933.
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The famous castrato Farinelli caricatured in one of his female roles Until the late 17th century in England and the late 18th century in the Papal StatesThe ban on women performing on stage was imposed by Pope Sixtus V in 1588. It was never legally enforceable in the Legations (Bologna, Ferrara and the Romagna) and was occasionally disapplied in Rome too, in particular from 1669 (during the papacy of erstwhile librettist Clement IX) to 1676, at the instigation of Queen Christina of Sweden, who was a fan of opera (Celletti, Rodolfo (2000). La grana della voce. Opere, direttori e cantanti (2nd edition).
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So in that case it meant that when a banking partnership, before it went insolvent, made payments to one of its depositors, Mr Clayton, the payments made discharged the debt of the first partner that died. However, this "first in, first out" rule is essentially disapplied in all but the simplest cases. In Barlow Clowes International Ltd v Vaughan[1992] 4 All ER 22 Woolf LJ held that it would not apply if it might be 'impracticable or result in injustice', or if it ran contrary to the parties intentions. There, Vaughan was one of a multitude of investors in Barlow Clowes' managed fund portfolios.
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Part I of the Schedule lists the eight mandatory grounds and Part II details the nine discretionary grounds, with the latter grounds again being subject to the test of reasonableness. Schedule 5 is similar in style to Schedule 2 to the Rent (Scotland) Act 1984 and to Schedule 3 to the Housing (Scotland) Act 1987. Many of the grounds of possession are clearly founded on traditional Rent Act precedents. Secure Tenancies Prior to 1980 neither local authority nor housing association tenants had had any right to security of tenure since 1954 when the Rent Acts were disapplied to such tenants by, for Scotland, the Housing (Repairs and Rents) (Scotland) Act 1954.
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An exception to the second rule is if the contract makes it clear that the third party is not meant to be able to enforce the term.Dean (2000) p.144 In Nisshin Shipping Co Ltd v Cleaves & Co Ltd [2003] EWHC 2602 the High Court decided that in situations where there are questions over whether or not the second rule has been disapplied by a statement in the contract, the onus is on the party claiming that it has been disapplied.McKendrick (2007) p.147 In the same decision the court decided that simply arranging an alternative way of enforcing the terms does not indicate that the 1999 Act was not meant to be used.McKendrick (2007)p.
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A v Hoare, [2008] UKHL 6,A v Hoare is a leading tort case in British law, decided by the House of Lords in 2008. The Lords held that the limitation period for actions founded on torts of negligence may be disapplied where it is inequitable to enforce it. This case centred on the wording of the Limitation Act 1980,Limitation Act 1980 which created an exception to the three year limitation period for "any action for damages for negligence, nuisance or breach of duty." In the earlier case, Stubbings v Webb [1993] AC 498, S v W [1995] FLR 862, the words "negligence, nuisance or breach of duty" were construed in such a way as to exclude sexual assault.
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Information poster during the Leicester local lockdown The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 (SI 2020/685) were the first local lockdown regulations in England, coming into force on 4 July 2020 on the day that the nationwide regulations were relaxed by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 which allowed most retail businesses to re-open and allowed certain gatherings of up to 30 people. Those relaxations were disapplied to the City of Leicester and the surrounding area ("the protected area"), defined by a list of postcode districts. In contrast to the rest of the country, all non-essential businesses had to remain closed, apart from a few exceptions such as garden centres, vehicle showrooms and their outdoor areas.
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Following legal action, in July 2015, the High Court issued an order that sections 1 and 2 of the Act were unlawful, and to be disapplied, suspended until 31 March 2016, thereby giving the government a deadline to come up with alternative legislation which would be compatible with EU law. an investigatory powers parliamentary bill was being drafted providing new surveillance powers, requiring records to be kept by Internet Service Providers tracking use of the internet from the UK, accessible by the police and security services without judicial oversight.The Guardian newspaper: Theresa May unveils surveillance measures in wake of Snowden claims, 4 November 2015 The Data Retention and Investigatory Powers Act 2014 was repealed on 31 December 2016 and replaced by the Investigatory Powers Act 2016.
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In general, treason law in Scotland remained the same as in England, except that when in England the offence of counterfeiting the Great Seal of the United Kingdom etc. (an offence under other legislationThe Forgery Act 1830 (11 Geo. IV & 1 Gul. IV c. 66), section 2; formerly 1 Mar. stat. 2 c. 6.) was reduced from treason to felony by the Forgery Act 1861, that Act did not apply to Scotland, and though in England since 1861 it has not been treason to forge the Scottish Great Seal,The Forgery Act 1830 and the Forgery Act 1861 in Scotland this remains treason today.The Treason Act 1708, section 12 (disapplied from England by the Forgery Act 1830, sections 30 and 31).
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This means that, as the UK is a member of the club, it voluntarily agrees to play by the club's rules. This principle was tested in R (Factortame Ltd) v SS for Transport, where a fishing business claimed that it should not be required to have 75% of British shareholders, as the Merchant Shipping Act 1988 said.[1990] UKHL 7 Under EU law, the principle of freedom of establishment states that nationals of any member state can freely incorporate and run a business across the EU without unjustified interference. The House of Lords held that, because the EU law conflicted with the sections of the 1988 Act, those sections would not be enforced, and disapplied, because Parliament had not clearly expressed an intention to renounce the 1972 Act.
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There have been dissenting views, notably in Breen v Amalgamated Engineering Union,[1971] 2 QB 175 over the extent to which principles of natural justice may override a union's express rules. However, the better view appears that construction of a union's rules consistently with statutory principles of democratic accountability do require that express rules are disapplied if they undermine the "reasonable expectations" of members.See Attorney General of Belize v Belize Telecom Ltd [2009] UKPC 10, [16] per Lord Hoffmann and Equitable Life Assurance Society v Hyman [2000] UKHL 39 In addition, "best practice" standards will be used to interpret union rules. In AB v CD, where the union's rules were silent on what would happen when an election was tied, the court referred to the Electoral Reform Society's guidance.
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Slade J expressed himself to be attracted by the argument, but that it was devoid of authority. Accordingly, the plaintiff was thrown back on trying to show that Italian law should be disapplied as a matter of public policy. However there was no authority for that proposition and, the case being by way of preliminary issue, there was no evidence as to the precise effect of Italian law beyond the second defendant's pleaded case. The Court referred to American authorities which suggested that "the law of a state into which chattels have been surreptitiously removed without the knowledge of an owner and against his will does not apply its law to divest the title of the absent owner",[1980] 1 Ch 496 at 511E as well as the US case of Edgerly v Bush (1880) 81 NY 199.
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On 15 September 2020 further local restrictions were enforced by The Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020 (SI2020/988). These disapplied the standard Rule of six regulations that applied elsewhere in England and replaced them with more onerous restrictions within the areas of Birmingham, Sandwell and Solihull. Within the defined areas, all gatherings (of two or more people) in a private dwelling or garden were prohibited unless the individuals were members of a common household or of a single linked household, or the gathering was reasonably necessary for certain permitted purposes such as work, education or child care. Two households could be permanently 'linked' for this purpose where one household consisted of exactly one adult (no more) plus any number of children; the second could consist of any number of adults and children.
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The long title was "An Act for altering the Oath of Abjuration and the Assurance; and for amending so much of an Act of the Seventh Year of her late Majesty Queen Anne, intituled, An Act for the Improvement of the Union of the two Kingdoms, as, after the Time therein limited, requires the Delivery of certain Lists and Copies therein mentioned to Persons indicted of High Treason, or Misprision of Treason." Sections 1 and 2 of the Act were concerned with the oath of abjuration. Section 3 of the Act disapplied certain procedural requirements in cases of high treason consisting of counterfeiting the king's coin, namely the requirement that the accused be given a list of the witnesses and the jurors.Treason Act 1708, section XI (This requirement had only come into force in 1766, on the death of James Francis Edward Stuart, the Jacobite pretender to the throne.) It was repealed on 15 June 1945.
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An accounting period ends and a new one begins with the commencement of a winding up. For this purpose a winding up is taken to commence on the passing of a resolution for the winding up of the company, or on the presentation of a winding up petition if no such resolution has previously been passed and a winding up order is made on the petition, or on the doing of any other act for a like purpose in the case of a winding up otherwise than under the Insolvency Act 1986.Section 12(7) of the Income and Corporation Taxes Act 1988 After this, an accounting period does not end other than by the expiration of 12 months from its beginning or by the completion of the winding up. However, if the company later enters administration, this rule is disapplied from that point (and with an accounting period ending because the company has entered into administration).
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The Court modified the test in Phillips v Eyre on whether a court can assume jurisdiction over a tort that occurred in another country by requiring "double actionability". Originally the subject matter had to be actionable in both the foreign and local jurisdiction. However, Boys v Chaplin stated that it only had to be "civilly actionable" under the law of the forum; where the lex fori had a much closer connection with the dispute, the lex loci delicti limb of the "double actionability" rule could be disapplied. Dicey & Morris, in relation to the flexible exception, states: “a particular issue between the parties... may be governed by the law of the country which, in respect to that issue, has the most significant relationship with the occurrence and the parties” This exception was furthered in Red Sea Insurance v Bouygues SA [1995] 1 AC 190 which provided that this exception can displace either the law of the forum or the law of the tort such that a tort may be actionable even though it is not actionable under the lex fori or lex loci delicti.
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