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Journal articles on the topic 'Statutory Authorities'

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1

Wettenhall, Roger. "GUIDELINES FOR STATUTORY AUTHORITIES." Australian Journal of Public Administration 45, no. 4 (December 1986): 299–309. http://dx.doi.org/10.1111/j.1467-8500.1986.tb01396.x.

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2

Schneider, F. "STATUTORY AND NONSTATUTORY REGISTRATION AUTHORITIES." Acta Horticulturae, no. 182 (July 1986): 219–24. http://dx.doi.org/10.17660/actahortic.1986.182.26.

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3

Fleming, Euan, and George Antony. "Statutory Marketing Authorities in the Third World." Journal of International Food & Agribusiness Marketing 3, no. 1 (June 19, 1991): 65–91. http://dx.doi.org/10.1300/j047v03n01_05.

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4

Antony, George, and Euan Fleming. "Statutory Marketing Authorities in the Third World." Journal of International Food & Agribusiness Marketing 3, no. 3 (December 30, 1991): 43–54. http://dx.doi.org/10.1300/j047v03n03_03.

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5

McCrae, M., and M. Aiken. "FINANCIAL ACCOUNTABILITY OF STATUTORY AUTHORITIES IN AUSTRALIA." Financial Accountability and Management 4, no. 3 (September 1988): 191–212. http://dx.doi.org/10.1111/j.1468-0408.1988.tb00068.x.

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6

Brodie, Douglas. "Pubic authorities – negligence actions – control devices." Legal Studies 18, no. 1 (March 1998): 1–14. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00066.x.

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X (minors) v Bedfordshire County Council is by far the most important decision on the liability in negligence of public authorities since Anns v Merton London Borough Council. These two authorities, along with Dorset Yacht Co v Home Office, furnish the ground rules for such actions. The leading judgment in X v Bedfordshire CC, in which all his brethren concur, is given by Lord Browne- Wilkinson; the only other judgment being given by Lord Jauncey. The common thread running through this trilogy of cases is the emphasis on the significance of the element of discretion in the exercise of the statutory functions of a public authority: ‘Most statutes which impose a statutory duty on local authorities confer on the authority a discretion as to the extent to which, and the methods by which, such statutory duty is to be performed’.
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7

Saunders, Benjamin B. "Responsible Government, Statutory Authorities and the Australian Constitution." Federal Law Review 48, no. 1 (November 28, 2019): 4–29. http://dx.doi.org/10.1177/0067205x19890445.

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This article examines the compatibility of extra-departmental executive agencies, a defining feature of the modern regulatory state, with responsible government, one of the architectonic principles of the Australian Constitution. Some scholars have argued that a constitutional implication derived from responsible government should be drawn limiting the types of entities that may be established by the Commonwealth and imposing requirements relating to the relationship that must exist between ministers and entities within their portfolio. This article argues that the view that independent statutory agencies are a derogation from the principles of responsible government rests on a misunderstanding of responsible government. Responsible government is an inherently evolutionary system: as incorporated into the Australian Constitution, responsible government was intended to be flexible and non-prescriptive, allowing for change in the governmental arrangements considered necessary from time to time. Independent statutory agencies should not be seen as a challenge to the true principles of responsible government but a legitimate evolution in governance arrangements, which the Constitution deliberately left open.
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8

Palmer, Ian. "State Theory and Statutory Authorities: Points of Convergence." Sociology 19, no. 4 (November 1985): 523–40. http://dx.doi.org/10.1177/0038038585019004003.

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9

Wettenhall, R. L. "THE COURTS AS STATUTORY AUTHORITIES: A RESEARCH NOTE." Australian Journal of Public Administration 45, no. 2 (June 1986): 176–80. http://dx.doi.org/10.1111/j.1467-8500.1986.tb01529.x.

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10

Hyams, Oliver. "Statutory conveyances of land from local education authorities to educational corporations." Education and the Law 5, no. 3 (January 1993): 145–54. http://dx.doi.org/10.1080/0953996930050305.

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11

Lim, Stephen, and Jill McKinnon. "Voluntary disclosure by NSW statutory authorities: The influence of political visibility." Journal of Accounting and Public Policy 12, no. 3 (September 1993): 189–216. http://dx.doi.org/10.1016/0278-4254(93)90027-9.

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12

Maguire, Kelly. "Examining the power role of Local Authorities in planning for socio-economic event impacts." Local Economy: The Journal of the Local Economy Policy Unit 34, no. 7 (November 2019): 657–79. http://dx.doi.org/10.1177/0269094219889603.

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The socio-economic impacts of events, while mostly positive can often bring many detrimental implications to destinations and communities that host them. The statutory role of Local Authorities in Ireland to authorise and license large scale outdoor public events places Local Authorities in an ideal position to monitor and better manage the socio-economic impacts events can create at local level. This comparative examination draws attention to the current level of planning for the socio-economic impacts of events by Local Authorities at a nationwide level in Ireland. A multi-methodological approach was employed through a quantitative content analysis of Local Authority event management plans and guidelines and qualitative semi-structured interviews with Local Authorities in the Republic of Ireland. The findings drew attention to an overall dearth of socio-economic planning for events by Local Authorities. This lack of planning subsequently highlights a fundamental need for Local Authorities in Ireland to pay greater attention to generating greater levels of socio-economic sustainability in the legal process of planning for event management given their statutory role. This study presents an opportunity for improvement by Local Authorities and Event practitioners not only in Ireland but at International levels.
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13

Lewis, Jane. "Developing the Mixed Economy of Care: Emerging Issues for Voluntary Organisations." Journal of Social Policy 22, no. 2 (April 1993): 173–92. http://dx.doi.org/10.1017/s0047279400019292.

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AbstractResponses from both voluntary organisations and statutory authorities to the community care legislation and the policy guidance stressed the importance of maintaining the concept of ‘partnership’ as local authorities move towards becoming ‘enabling authorities’. Using data from intensive observation and interviewing in two inner and two outer London Boroughs, this paper examines the nature of the redefined partnership and the implications of the emerging contract culture for voluntary organisations.
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14

Butler, Oliver Michael. "CONFIDENTIALITY AND PUBLIC AUTHORITIES: FUNDAMENTAL RIGHTS, LEGALITY AND DISCLOSURE FOR STATUTORY FUNCTIONS." Cambridge Law Journal 76, no. 2 (July 2017): 253–56. http://dx.doi.org/10.1017/s0008197317000538.

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TAXPAYER confidentiality has a long history of protection in the UK. It is a fundamental part of the tax system. It has been considered invaluable by the executive for the efficient collection of taxation, protected by Parliament since the Income Tax Act 1799 and recognised by the courts as a “vital element in the working of the system” (Inland Revenue Commissioners v National Federation of Self-Employed and Small Businesses Ltd. [1982] A.C. 617, 633, per Lord Wilberforce).
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15

Wisniewski, Mik, and Derek Stewart. "Using the statutory audit to support continuous improvement in Scottish local authorities." International Journal of Public Sector Management 14, no. 7 (December 2001): 540–55. http://dx.doi.org/10.1108/09513550110411653.

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16

Turnbull, R. G. H. "Coastal planning in the Moray Firth." Proceedings of the Royal Society of Edinburgh. Section B. Biological Sciences 91 (1986): 27–35. http://dx.doi.org/10.1017/s0269727000009210.

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SynopsisSince the late 1940s coastal planning in the Moray Firth, as elsewhere in Britain, has been carried out by appropriate planning authorities within the framework of the statutory development planning and development control system. In the formulation of plans and policies for the coast, regional and district authorities have responded to national policy guidelines and to the advice received from statutory organisations and others. Controversy and differences have been dealt with by consultation and by local public inquiries.In safeguarding the coastline, particularly in the inner Moray Firth, planning authorities have had environmental management responsibility for oil and gas-related activities, recreational and tourist facilities, pollution protection and beach erosion. Continuing pressures and uncertainties about future prospects for oil and gas developments have also generated an unusual amount of administrative, survey and research activity at national, regional and district levels. However, the expertise and knowledge gained provide a unique and valuable information base upon which to prepare an overall coastal strategy.
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17

Balogun, M. A., P. G. Wall, and A. Noone. "Undernotification of tuberculosis in patients with AIDS." International Journal of STD & AIDS 7, no. 1 (January 1, 1996): 58–59. http://dx.doi.org/10.1258/0956462961917087.

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The purpose of this study was to establish the extent of undernotification of tuberculosis in AIDS patients resident in 2 inner London local authorities. For residents of the 2 authorities, statutory notifications of tuberculosis between 1986 and 1992 were compared, using soundex codes of surnames, sex and year of birth, with AIDS cases reported to the Public Health Laboratory Service (PHLS) AIDS Centre during the same period where TB had been recorded on the AIDS report form. In 36 of 613 AIDS cases reported as residents of the 2 authorities tuberculosis was recorded on the AIDS report form. Matching revealed that only 2 (6%) of these cases had been notified to the local authority. These results highlight the need to resolve the dilemma between concerns about patient confidentiality and the statutory requirement to notify tuberculosis so that clinical management of contacts can be undertaken and the true impact of HIV infection on the incidence of tuberculosis in the UK can be elucidated.
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18

Hopkins, David C., Garry R. McKay, and R. Bruce Shephard. "Earthquake risk buildings." Bulletin of the New Zealand Society for Earthquake Engineering 24, no. 2 (June 30, 1991): 107–15. http://dx.doi.org/10.5459/bnzsee.24.2.107-115.

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The power to classify buildings as earthquake risk has been available to local authorities since 1968. Through provisions in the Local Government Act, local authorities could require owners to strengthen or demolish buildings so classified. Authorities throughout New Zealand have progressively taken up these powers and many unreinforced masonry buildings have been demolished or strengthened. Relatively few owners have challenged the local authority's classification and it took until 1989 for a Council's ruling to be challenged in the District Court. During that year, three cases were heard, and the authors as members of a statutory panel of experts, were called upon to assist the judges. The experience provided a valuable, if long delayed, learning experience for the Courts, local authorities building owners and engineers. The Council's ruling was upheld in only one of the three cases. This paper describes each case and draws attention to some engineering and procedural aspects which contain lessons for those involved in future applications. The main lessons for engineers include the need for adequate preparation and presentation for the standard of proof required by the court.
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19

Sychev, Vitalii B. "Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (May 25, 2021): 223–31. http://dx.doi.org/10.18500/1994-2540-2021-21-2-223-231.

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Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods. Theoretical analysis. Some authors note that the decisions of the constitutional review authorities can modify conditions of public life. Authors often emphasize that court decisions that rules certain norms as unconstitutional have the same goals as statutory acts. Empirical analysis. Constitutional courts administer a special kind of lawmaking, such as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. “Positive” lawmaking is connected with the adoption of statutory acts, which regulate the activities of the constitutional courts. “Negative” lawmaking consists in ruling certain legal norms and sources of law unconstitutional and making them void. By means of “adjusting” lawmaking constitutional courts do not rule the norms as completely unconstitutional, but constitutionally interpret them. “Interpretative” lawmaking consists in clarifying legal norms of constitutions. The constitutional review authorities may also provide recommendations to the legislative authorities. Results. The constitutional review authorities can directly participate in lawmaking activities as a legislative initiative or in connection with the implementation of the constitutional control as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. Circumstantial participation of such authorities in lawmaking activities is administered by adopting special messages.
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20

Boamah, Emmanuel Frimpong, and Clifford Amoako. "Planning by (mis)rule of laws: The idiom and dilemma of planning within Ghana’s dual legal land systems." Environment and Planning C: Politics and Space 38, no. 1 (June 11, 2019): 97–115. http://dx.doi.org/10.1177/2399654419855400.

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This paper contributes to our understanding of urban planning challenges within dual legal land systems in sub-Sahara Africa. It draws ideas from Ananya Roy’s “idioms of urbanization and planning” to make two arguments regarding the prevailing idiom of planning urban and peri-urban areas in Ghana. First, there is (mis)rule of statutory planning and land laws: the state places itself both within and outside statutory planning laws to enforce eminent domain powers, lease publicly acquired land to private developers, (un)map people, places, and informal economic activities, and pay or refuse to pay compensation for publicly acquired land. Second, this (mis)rule co-exists with (mis)rule of customary land laws: customary authorities place themselves within and outside customary laws to negotiate with state and prospective land buyers, (re)lease publicly acquired lands to private developers, and engage in double dipping within Ghana’s deregulated land market (i.e. leasing the same land parcel to multiple developers). Thus, both state and customary authorities, as sovereign keepers of statutory and customary land and planning laws, are able to place themselves within and outside Ghana’s dual legal land rules to declare property ownership, enclaves of value, and zones of exception. Herein lies the idiom and dilemma of planning within Ghana’s dual legal land systems: (mis)rule of statutory and customary planning and land laws.
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21

Carter, Colin A., R. M. A. Loyns, and Derek Berwald. "Domestic Costs of Statutory Marketing Authorities: The Case of the Canadian Wheat Board." American Journal of Agricultural Economics 80, no. 2 (May 1998): 313–24. http://dx.doi.org/10.2307/1244504.

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22

Cooper, Ian. "PROPOSED STATUTORY REQUIREMENT FOR BRITISH LOCAL AUTHORITIES TO PREPARE A LOCAL LEISURE PLAN." World Leisure & Recreation 39, no. 1 (January 1997): 14–17. http://dx.doi.org/10.1080/10261133.1997.9674050.

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23

Bailey, S. H., and M. J. Bowman. "The Policy/Operational Dichotomy—A Cuckoo In The Nest." Cambridge Law Journal 45, no. 3 (November 1986): 430–56. http://dx.doi.org/10.1017/s0008197300118446.

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In the case of Anns v. Merton London Borough Council,1 Lord Wilberforce, in considering the negligence liability of a local authority arising out of the exercise of its statutory powers to inspect buildings under construction, drew a distinction between the “policy” and “operational” aspects of the authority's functions and suggested that liability would more readily arise in respect of the latter. Since that time it has become common to consider the liability of public authorities generally in the tort of negligence by reference to this “policy/operational” dichotomy.
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24

Koutiva, Ifigeneia, Archontia Lykou, Chris Pantazis, and Christos Makropoulos. "Investigating Decision Mechanisms of Statutory Stakeholders in Flood Risk Strategy Formation: A Computational Experiments Approach." Water 12, no. 10 (September 29, 2020): 2716. http://dx.doi.org/10.3390/w12102716.

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Cities at risk of extreme hydro-meteorological events need to be prepared to decrease the extent of the impacts. However, sometimes, authorities only react to catastrophes failing to proactively prepare against extremes. This can be a result of both absent structural protection measures and problematic governance. While for the first, models exist that can simulate the effect, the effect of the latter is difficult to quantify. This work aims to explore the effects that typical authorities’ behaviour has on the decisions for preparing and protecting a city against floods. This behaviour includes how the different authorities decide, for example, on whether or not to cooperate with each other, build something, assign funding to something, etc. These decisions affect directly the preparedness against and the protection from flood events. For that matter, the institutional analysis framework was used to conceptualise the decision-making processes of authorities responsible for flood risk management. Based on this, an agent-based modelling tool has been created, enabling the exploration of the system’s behaviour under different scenarios. The tool is used as a case study of the responsible authorities for flood protection in the city of Rethymno on the island of Crete, Greece. The tool has a user-friendly interface enabling the end-users to explore the drivers of decision-making processes under different conditions.
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25

Domchenko, Artem S. "Evaluation Criteria of the Efficiency of Legal Provisions and Statutory Acts of Public Authorities." State power and local self-government 5 (May 20, 2020): 36–40. http://dx.doi.org/10.18572/1813-1247-2020-5-36-40.

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26

Edwards, Lilian. "Suing Local Authorities for Failure in Statutory Duty: Orkney Reconsidered After X v Bedfordshire." Edinburgh Law Review 1, no. 1 (September 1996): 115–27. http://dx.doi.org/10.3366/elr.1996.1.1.115.

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27

Fleming, Euan. "Privatization of Statutory Marketing Authorities and the Regulatory Role of Government in Developing Countries." Journal of International Food & Agribusiness Marketing 3, no. 4 (March 16, 1992): 41–54. http://dx.doi.org/10.1300/j047v03n04_04.

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28

Kelly, Patrick, Judith MacCormick, and Rebecca Strange. "Non-accidental head injury in New Zealand: The outcome of referral to statutory authorities." Child Abuse & Neglect 33, no. 6 (June 2009): 393–401. http://dx.doi.org/10.1016/j.chiabu.2008.09.008.

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29

O'Sullivan, Janet. "Nuisance, local authorities and neighbours from hell." Cambridge Law Journal 59, no. 1 (March 2000): 11–18. http://dx.doi.org/10.1017/s0008197300250010.

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ONE of the most difficult current problems for tort lawyers is the extent to which the normal rules of tort, developed over decades of litigation between private individuals, should apply in undiluted form to local and other public authorities. Most individuals have never seen a child drowning in a puddle or about to walk off a cliff, and would not hesitate to help them if they did, but public authorities, empowered by Parliament, are faced every day with the delicate and expensive task of protecting others from harm. It has become all too apparent, as the courts (domestic and European) grapple with the thorny question of when a common law duty of care should exist in the context of the careless exercise of, or failure to exercise, statutory powers, that the ordinary rules of negligence liability need considerable refinement to operate sensibly in such a political field. Moreover those difficulties and differences do not disappear merely because a tort other than negligence is involved, and this has been amply illustrated in three recent cases, each involving actions against local authorities in the tort of nuisance.
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30

Dickinson, Jill, Ellen Bennett, and James Marson. "Challenges facing green space: is statute the answer?" Journal of Place Management and Development 12, no. 1 (March 4, 2019): 121–38. http://dx.doi.org/10.1108/jpmd-09-2017-0091.

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PurposeAgainst a backdrop of austerity, characterised by public-sector funding cuts and a devolutionary agenda, this paper aims to explore how legislation might address two inter-related challenges which public urban green space (“greenspace) faces in England and Wales, namely, responsibility for provision and identification of supporting funds. It focuses on two proposals: first, the introduction of legislative powers to enable local authorities to create user-charging schemes, and second, the imposition of a local authority statutory duty to provide greenspace.Design/methodology/approachAdopting a traditional doctrinal approach, this exploratory study provides a synthesis and analysis of statutory materials.FindingsWhile the study considers debates around user-charging schemes, it suggests that the imposition of a statutory duty to provide greenspace would provide a more equitable and effective solution.Research limitations/implicationsThis paper calls for further research to establish the detail of such a statutory duty and how it might operate in practice.Practical implicationsThere is an appetite amongst local authority stakeholders in England and Wales for such a statutory duty to better enable them to access the requisite underpinning funding.Social implicationsImposing a statutory duty would help in protecting the well-established social, economic and environmental benefits associated with greenspace.Originality/valueThis multi-disciplinary research considers the inter-relationship between two key greenspace challenges: responsibility for provision and funding. It identifies and evaluates a potential model for imposing a greenspace statutory duty, which could address some of these issues.
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31

Fogleman, Valerie. "The contaminated land regime: time for a regime that is fit for purpose (Part 1)." International Journal of Law in the Built Environment 6, no. 1/2 (April 8, 2014): 43–68. http://dx.doi.org/10.1108/ijlbe-08-2013-0034.

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Purpose – The purpose of this article is to examine the regime to remediate contaminated land in the UK set out in Part 2A of the Environmental Protection Act 1990 and to analyse the UK Government's intent and objectives in introducing the regime. The legislative provisions and the statutory guidance that accompanies that legislation are then analysed to determine whether those objectives could have been met. Design/methodology/approach – A research approach was taken to trace the legislative history of Part 2A and to analyse the statutory provisions and the statutory guidance. The approach included researching Parliamentary debates on the statute, consultations on the statutory guidance, other information published by the UK Government, commentaries on the regime, and contaminated land regimes in other jurisdictions. Findings – The paper found that the introduction of a contaminated land regime that delegates primary implementation and enforcement authority to local authorities, and that severely limits their discretion in doing so, has resulted in a regime that has proven to be unworkable in practice and that has failed to meet its objectives. Originality/value – The article is the first paper to examine the legislative intent and objectives behind Part 2A and to analyse their effect on the provisions in the statute and the statutory guidance and their implementation and enforcement.
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32

Guest, Hazel. "Inadequate standards currently applied by local authorities to determine statutory nuisance from LF and infrasound." Noise Notes 3, no. 2 (June 28, 2004): 3–11. http://dx.doi.org/10.1260/1475473041382083.

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33

Guest, Hazel. "Inadequate Standards Currently Applied by Local Authorities to Determine Statutory Nuisance from LF and Infrasound." Journal of Low Frequency Noise, Vibration and Active Control 22, no. 1 (March 2003): 1–7. http://dx.doi.org/10.1260/026309203769018031.

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Knowledge of the latest results in Low Frequency Noise (LFN) and infrasound research are not being transmitted, either to government whose job it is to legislate on standards of noise and vibration, or to local authority officers whose job it is to look into complaints and enforce standards. The dismissal of complaints is frequently based on inappropriate techniques such as the application of A-weighting, a lack of understanding of vibration transmission including building resonance, and a lack of basic understanding about the perception of low frequencies by complainants, for instance the lowering of the lower audibility threshold arising from exposure. This paper asks those involved in research to ensure that their relevant findings are more widely disseminated, along with advice to legislators and local authorities on measurement, information on LF and infrasound resonance in buildings, recommendations for appropriate standards to be used in assessing LF and infrasound as a Statutory Nuisance, and information about the effects of long-term exposure. There is a need for more research in situ into specific effects.
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Sheldrake, Peter. "AUTONOMY AND CONTROL OF STATUTORY AUTHORITIES: THE CASE OF THE AUSTRALIAN INSTITUTE OF MULTICULTURAL AFFAIRS." Australian Journal of Public Administration 46, no. 3 (September 1987): 273–79. http://dx.doi.org/10.1111/j.1467-8500.1987.tb01440.x.

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35

Bailey, Stephen. "Public authority liability in negligence: the continued search for coherence." Legal Studies 26, no. 2 (June 2006): 155–84. http://dx.doi.org/10.1111/j.1748-121x.2006.00017.x.

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The liability of public authorities in negligence continues to be a problematic area of the law. Some of the difficulties have been caused by the adoption by the courts of unnecessary and unworkable tests, in addition to the ordinary principles of the law of negligence. This is normally done to restrict liability, as with the policy–operational dichotomy, and the propositions that no liability can arise in respect of an act that ‘falls within the ambit of a statutory discretion’ or where the matter is non-justiciable. Sometimes the intention seems to be to extend liability, as with the suggestion that, generally, a duty of care may arise where there is an irrational failure to exercise a statutory power. Recent cases have helpfully continued the process of removing these special rules, leaving matters to be dealt with by the ordinary principles of negligence. Those principles enable proper account to be taken of the particular functions and responsibilities of public authorities. However, the cases remain difficult and the outcomes can still give rise to debate and disagreement. Insofar as there is a good case for extending the range of situations in which compensation is available in respect of the careless or unlawful acts of public authorities, it would be better to develop ex gratia schemes and the provision of remedies through ombudsmen than to extend the law of tort.
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36

Kwok, David Y. K. "An overview of the anti‐money laundering laws of Hong Kong." Journal of Money Laundering Control 11, no. 4 (October 17, 2008): 345–57. http://dx.doi.org/10.1108/13685200810910411.

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PurposeThe purpose of this paper is to provide an overview of the anti‐money laundering laws of Hong Kong, in particular the Organised and Serious Crimes Ordinance.Design/methodology/approachAn analysis of the legislation with respect to anti‐money laundering as well as relevant case law.FindingsHong Kong authorities are serious about fighting money laundering crimes. The statutory scheme in Hong Kong is comprehensive and in line with international standards.Originality/valueBy discussing the key statutory provisions and the important cases, this paper provides a comprehensive overview of the anti‐money laundering laws of Hong Kong. This paper is of value to lawyers, prosecutors, academics, law students, etc. in not only Hong Kong, but in the region including mainland China.
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Büken, Erhan, Serap Sahinoğlu, and Nüket Örnek Büken. "Statutory Disclosure in Article 280 of the Turkish Penal Code." Nursing Ethics 13, no. 6 (November 2006): 573–80. http://dx.doi.org/10.1177/0969733006069693.

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A new Turkish Penal Code came into effect on 1 June 2005. Article 280 concerns health care workers’ failure to report a crime. This article removes the responsibility from health care workers to maintain confidentiality, but also removes patients’ right to confidentiality. It provides for up to one year of imprisonment for a health care worker who, while on duty, finds an indication that a crime might have been committed by a patient and who does not inform the responsible authorities about it. This forces the health care worker to divulge the patient’s confidential information. A patient who thinks he or she may be accused of a crime may therefore not seek medical help, which is the universal right of every person. The article is therefore contrary to medical ethics, oaths taken by physicians and nurses, and the understanding of patient confidentiality.
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Jabłoński, Mariusz. "Miejsce Państwowej Inspekcji Pracy w systemie organów państwa — wnioski de lege lata i de lege ferenda." Przegląd Prawa i Administracji 118 (December 10, 2019): 63–82. http://dx.doi.org/10.19195/0137-1134.118.4.

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THE PLACE OF THE NATIONAL LABOUR INSPECTORATE IN THE SYSTEM OF STATE AUTHORITIES — DE LEGE LATA AND DE LEGE FERENDA REMARKSThe fundamental issue raised in this elaboration comes down to an attempt at defining the character and content of labour protection and the place of the National Labour Inspectorate in the system of state authorities in Poland. The analysis relates to the applicable constitutional regulation Constitution of the Republic of Poland of 2 April 1997 and statutory regulations. The purpose of the considerations is to determine the nature of the activity of the National Labour Inspectorate as well as its location within the constitutional systematizations.
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McCullick, Bryan A., Thomas Baker, Phillip D. Tomporowski, Thomas J. Templin, Karen Lux, and Tiffany Isaac. "An Analysis of State Physical Education Policies." Journal of Teaching in Physical Education 31, no. 2 (April 2012): 200–210. http://dx.doi.org/10.1123/jtpe.31.2.200.

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The purpose of this study was to analyze state school-based physical education (SBPE) policies’ text and the resulting legal implications. A textualist approach to the legal method of Statutory Interpretation framed the data analysis. Findings revealed the difficulty of determining with clarity a majority of PE statutes and it is probable that based on current wording, courts could not play a role in interpreting these statutes, thus leaving interpretation to educational authorities. Significant variability of how authorities interpret statutes increases the challenge of consistent interpretation or adherence to the NASPE Guidelines for Quality Physical Education and whether meaningful policy study can be conducted to determine if SBPE makes an impact.
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Hood, Rick, Allie Goldacre, Sarah Gorin, and Paul Bywaters. "Screen, Ration and Churn: Demand Management and the Crisis in Children’s Social Care." British Journal of Social Work 50, no. 3 (April 10, 2019): 868–89. http://dx.doi.org/10.1093/bjsw/bcz035.

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Abstract This article presents findings from a quantitative study of the national data-sets for statutory children’s social care services in England. The aim of the study was to examine how demand management varied in local authorities with differing levels of area deprivation. About 152 local authorities census returns and other statistical indicators covering the period 2014–2017 were combined into a single data-set. Statistical analysis was undertaken to explore trends over time and correlations between indicators that might indicate patterns in the way demand was managed. Findings showed that high levels of deprivation have continued to be strongly linked to high levels of activity and that local authorities have continued to increase their use of protective interventions relative to referrals. Evidence was found for three interconnected mechanisms, through which local authorities tended to manage demand for services: screening, rationing and workforce churn. The article describes these mechanisms and comments on their significance for the current crisis of demand in the sector.
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Pendergrast, Claire B., and Nicole A. Errett. "Public Health Requirements and Authorities in State Statutory Disaster Recovery Law: A Cross-Sectional Legal Assessment." Health Security 19, no. 3 (June 1, 2021): 271–79. http://dx.doi.org/10.1089/hs.2020.0070.

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42

Petrunina, I. V. "The functional features of agro-industrial clusters within their structural transformation." Economy of agricultural and processing enterprises, no. 5 (2021): 43–46. http://dx.doi.org/10.31442/0235-2494-2021-0-5-43-46.

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The article explores the particularities of agriculture industry cluster activities. The cooperative action between groups of industries requires specific approaches to solving actual problems. Thus, this report has a strong focus on organizational, economic, and legal challenges encountered in cluster development process. The article also provides insight into meeting industry standards, technical regulations, and other statutory instruments. The report analyzes the authorities and responsibilities of a specialized organization in cluster activity.
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43

Nadebaum, P., M. Chapman, S. Ortisi, and A. Baker. "Application of quality management systems for drinking water quality." Water Supply 3, no. 1-2 (March 1, 2003): 359–64. http://dx.doi.org/10.2166/ws.2003.0125.

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Over the past few years the water authorities in Australia have been applying the principles of quality management and risk management in their provision of drinking water of a safe and acceptable quality. These principles have been taken up by the regulatory authorities, and the Australian water industry is ensuring that drinking water guidelines, customer contracts, licences and auditing (both statutory and quality systems auditing), and appropriate quality management systems, are in place for drinking water quality management. A particular focus of this work has been the application of AS/NZS 4360 (Risk Management) and the principles of Hazard Analysis and Critical Control Points developed for the food industry. This paper discusses the important considerations in applying quality management systems to drinking water quality management within water authorities, and the key issues of how best to integrate these risk management systems with the business management systems of the water authority. A generally applicable model for drinking water quality management systems based on ISO 9002 and HACCP is described. The paper also discusses the process of how management systems already in place within a water authority can be assessed and improvements identified. The objective is that the management systems will be consistent with the authority’s existing business management systems, ISO 9001, the principles of HACCP and AS4360, and the expected requirements of the revised Australian Drinking Water Guidelines.
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44

Alden, Sarah Louise. "Welfare reform and the street level bureaucrat in homelessness services." International Journal of Sociology and Social Policy 35, no. 5/6 (June 8, 2015): 359–74. http://dx.doi.org/10.1108/ijssp-10-2013-0102.

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Purpose – Lipsky’s street level bureaucrat conceptual framework is employed to assist in understanding the ways in which statutory frontline homelessness practitioners are engaging with the current welfare reform agenda. The paper aims to discuss these issues. Design/methodology/approach – Draws the street level bureaucrat framework. A national baseline survey of homelessness practitioners was followed by targeted qualitative interviews involving 12 local authorities in England. Findings – Homelessness practitioners are facing a twofold crisis due to an increase in service users and corresponding decrease in feasible housing options or resources to tackle this. It was reported that effective service provision for all who required it was becoming increasingly difficult, which in turn fostered an environment in which unlawful gatekeeping practices could thrive. Further, it was found that a service user’s position may be additionally weakened due to the new powers conferred in the Localism Act. Research limitations/implications – Qualitative data were limited to North East Authorities due to limited research resources. Social implications – The current austere climate is negatively impacting upon the delivery of statutory homelessness provision. Differing implementation of the Localism Act will lead to inequitable service outcomes. Originality/value – Application of the street level bureaucrat implementation framework to English homelessness services, a national survey of English frontline service delivery in an austere climate.
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Szczechowicz, Adrianna. "Kilka uwag o odpowiedzialności władzy publicznej w Polsce." Studia Prawnoustrojowe, no. 43 (October 26, 2019): 325–34. http://dx.doi.org/10.31648/sp.4643.

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Responsibility of public authorities is a special guarantee of the legality of a democratic state. The right to compensation is provided not only for the Constitution of the Republic of Poland, but also other legal acts of a statutory rank. Every year courts in Poland adjudicate on compensation cases, awarding them in many cases. The costs of errors of public authority are borne by the State Treasury, and they are not small.
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46

Boast, Richard. "Maori Fisheries 1986-1998: A Reflection." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 111. http://dx.doi.org/10.26686/vuwlr.v30i1.6023.

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In this article Richard Boast considers the statutory settlements of Maori fishing claims made in 1989 and 1992. These settlements are seen as examples of a distinctive method of dealing with Maori grievances routinely used in the New Zealand legal and political system. He also considers the aftermath of the legislation, and the extent to which the recent claims of Urban Maori authorities have questioned the entire settlement process as it has evolved to date.
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Elliott, Anne, and Chris-Maree Sultmann. "Principles and processes for child protection decision-making: Queensland’s case management framework." Children Australia 23, no. 4 (1998): 9–14. http://dx.doi.org/10.1017/s1035077200008828.

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Many welfare authorities have developed detailed systems for the management of their initial response to child abuse reports. But what happens then? Less attention has been given to frameworks for the management of cases subject to on-going statutory intervention. The Queensland framework is unique in Australia – its methodology ensures an on-going client-focused response which integrates ‘bestpractice’ standards, accountability and dynamic planning and review until the child’s needs have been met.
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Harris, R. C., and A. C. Skinner. "The statutory controls over waste disposal and the role of the engineering geologist." Geological Society, London, Engineering Geology Special Publications 4, no. 1 (1987): 503–6. http://dx.doi.org/10.1144/gsl.eng.1987.004.01.61.

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AbstractA number of factors have combined in recent years to increase the threat of pollution to water resources from waste disposal operations. A decided shift towards containment sites has meant an increased role for engineering geologists and civil engineers in specifying conditions, selecting materials and monitoring site works. The paper highlights the areas where adequate engineering input to landfill design is necessary and discusses the grey area between planning and pollution control legislation. It also addresses the problem of ineffective monitoring and suggests changes to protect the interests of the water authorities. Examples are given of situations where acceptable solutions have been achieved.
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Jenkins, John, and P. Stolk. "Statutory Authorities Dancing with Enterprise: WA Inc., the Western Australian Tourism Commission and the ‘Global Dance Affair’." Annals of Leisure Research 6, no. 3 (January 2003): 222–44. http://dx.doi.org/10.1080/11745398.2003.10600923.

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Hargreaves, Sally. "Role of commissioners in promoting clinical effectiveness in everyday psychiatric practice." Psychiatric Bulletin 22, no. 6 (June 1998): 368–69. http://dx.doi.org/10.1192/pb.22.6.368.

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In a nutshell, commissioners (i.e. health authorities) have a statutory responsibility to buy the best health care for a defined population with a defined amount of money. They also have a broader, but less well-defined, responsibility for health, as opposed to health care. There is no doubt that health care has a relatively small influence on health compared with deprivation, housing and unemployment, but in reality the majority of effort of commissioners focuses on health care.
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