disapply

A decision to disapply national curriculum subjects will be significant and based on an individual student's needs.

There may be an occasional need to disapply an individual pupil from a particular subject.

The identity of the defendant The court has a discretion to disapply the 3-year time limit.

In such a case, the court second seised should disapply Article 21 and continue with the proceedings before it.

Here, it was equitable to disapply the limitation bar and allow S's action to proceed.

However, the court considered that it would have to disapply the common law doctrine, since the agreement did not infringe Article 81(1).

The national court is therefore bound to disapply that national law in its entirety.

However, the judge has considerable discretion to apply or disapply these rules if the result would otherwise be unjust.

Consequently, the national court must disapply that tariff.

High Court Master dismissed application to disapply statutory limitation period.

1 - The court may disapply the pen:

Schools do not have to apply for permission to disapply, but do have to meet the statutory requirements.

In all, one-in-five state schools "disapply lower-ability pupils from having to study a language at all" because the subject is seen as too hard.

This would allow Britain to "disapply" itself for existing and proposed EU legislation, he said.

Although the Human Rights Act 1998 allows the courts to make a declaration of incompatibility, they cannot disapply legislation.

Head teachers may also disapply all or parts of the national curriculum temporarily while a statement of special educational needs is being prepared or amended.

The purpose of this is to disapply some of the more onerous administrative procedures which would otherwise be required to be carried out.

Furthermore, by special resolution (a three-quarter majority vote) under CA 2006 sections 570-571, shareholders may disapply pre-emption rights.

In all these areas the discrepancies between Member States are such that the debtor should be allowed to disapply the designated law in certain circumstances.

Justification The foreseen clause would disapply the Regulation from some important areas ruled by specific European legislation.

A licensing board may disapply the section to premises at any time if they cease to be satisfied that the requirements of the proviso to subs.

In addition, Oftel may believe it is appropriate to disapply certain conditions or parts of conditions through operation of the so-called forbearance principle (see below).

He quietly announced via the DfE website that the government intended to "disapply" elements of the existing national curriculum from September 2013.

I have to say that it strikes me as very bad jurisprudence to criminalise everything in theory and then rely on the courts arbitrarily to disapply the law.

It concluded that the national authorities must disapply provisions of domestic law that conflict with Community law as interpreted by the Court of Justice.