Legislative Context Clause Samples

Legislative Context. The passage of Act 114 of 2006 facilitated seamless transfer of up to 30 credits of foundation coursework among two- to four-year public institutions. The passage of Act 50 of 2009 required these same institutions to accept for transfer the entire Associate of Arts and Associate of Science degree, including early childhood education, toward the graduation requirements of parallel bachelor degree programs. Program-to-program transfer articulation eliminates the need for a course-by-course evaluation by the receiving four-year institution. In its place is a focus on major competencies, learning outcomes and the existence of valid evaluation measures.

Legislative Context. 6.1. It is essential that all information shared under the terms of this agreement will be done so in compliance with the following key legislation. See Appendix C

Legislative Context. 2.1 The V&A’s purpose, deriving from the National ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, is to enable people to enjoy, learn from and be inspired by the V&A's collections, knowledge and expertise. The principal aim, and the statutory duty under the act, of the Trustees of the V&A is to: • Care for, preserve and add to the collections • Ensure that the collections are made available to the public, both by display and by providing reference facilities • Add to the body of knowledge relevant to the collections through research • Disseminate that knowledge 2.2 This Agreement takes account of the statutory requirements placed upon the Trustees of the V&A.

Legislative Context. 4.1 Mutual recognition of driving disqualification between the UK and Ireland was previously in operation from 28th January 2010 to 1st December 2014 pursuant to the European Convention on Driving Disqualifications of 17th June 1998 (Convention 98/C 216/01, “the Convention”). This was given legal effect in the UK by Chapter 1 of Part 3 of the 2003 Act. 4.2 Following the Lisbon Treaty the UK opted out of the Convention, with effect from 1st December 2014, as part of a block opt-out under the Treaty on the Functioning of the European Union1. 4.3 The UK / Irish mutual recognition provided for in the 2003 Act was retrospectively disapplied from 1st December 2014 by the Criminal Justice and Courts Act 2015 (the “2015 Act”). However the 2015 Act anticipated a new agreement would be entered into between the UK and Ireland to re-instate mutual recognition and it amended Chapter 1 of Part 3 of the 2003 Act to provide for the operation and enforcement of such an agreement. The UK and Ireland made the agreement on 30th October 2015. 4.4 The Criminal Justice and Courts Act 2015 (Commencement No.6) Order 2017, S.I. 2017/189 (the “Commencement Order “), brought into force on 23rd February 2017 the regulation making powers in section 31(5) and (6)(a) and paragraph 14 of Schedule 7 to the 2015 Act. Section 71A of the 2003 Act, which is inserted by section 31(5) of the 2015 Act, provides that the Secretary of State may specify by Regulations an agreement for mutual recognition of driving disqualifications so as to identify it as the agreement to be given effect in the UK by the 2003 Act. These Regulations specify the Agreement as being the relevant one for the purposes of Chapter 1 of Part 3 of the 2003 Act. 4.5 The Commencement Order also brings into force the rest of section 31 and Schedule 7 to the 2015 Act (in so far as they are not already in force) on the date when the Agreement comes into force in accordance with article 14 of the Agreement. Article 14 states that: “The parties shall notify each other in writing when their necessary internal procedures for entry into force have been completed. The Agreement shall enter into force on the date of the later of such notifications, and shall continue in force until terminated. That will be when the UK and Ireland notify each other that they have completed their respective internal procedures to bring the Agreement into force.” 4.6 Notice will be given in the London, Edinburgh and Belfast Gazettes of the date when the Agr...

Legislative Context. The legislative context for the development of Community Health Partnerships (CHPs) was set out in the Government White Papers Partnership for Care and Delivering for Health and strengthened in the NHS Reform (Scotland) Act 2004. Statutory Guidance was published in October 2004. The CHP Regulations form the legislative base within which the guidance is based and came into effect on 1st October 2004. CHPs provide a focus for the integration between primary care and specialist services and with social care and ensure that local population health improvement is placed at the heart of service planning and delivery. The CHP: Involving People Advice notes published in December 2004 sets out the guidance for involving the public more in the overall development and design of health services through the formation of Public Partnership Forums (PPFs). The three main roles of the PPF are to: The PPF should be the main mechanism by which the CHP engages, communicates and maintains a meaningful dialogue with the people of the community it serves. The 2004 guidance states that Public Partnership Forums must have a formal role in the decision making process of Community Health Partnerships and a representative from the PPF should serve on the CHP committee. In 2007 the Scottish Government published the Better Health, Better Care action plan. This builds on the contribution already made by CHPs and recognises the valuable contribution made through the Public Partnership Forums. It aims to shift the balance of care by improving access, managing demand, reducing unnecessary referrals and providing better community care services.

Legislative Context. This policy is underpinned by other statutory frameworks. The list below is not an exhaustive list. BFC reserves the right to unilaterally vary the Provider Agreement to reflect changes in legislation and departmental advice. References to legislation will be to that legislation as amended from time to time, without express change to the Provider Agreement. All providers are required to keep up-to-date with and comply with relevant legislation. Early Education and Childcare Statutory guidance for local authorities 2017 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/uploads/system/uploads/attachment_data/file/596460/ea rly_education_and_childcare_statutory_guidance_2017.pdf Statutory Framework for the Early Years Foundation Stage 2017 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/uploads/system/uploads/attachment_data/file/596629/EY FS_STATUTORY_FRAMEWORK_2017.pdf The Childcare (Early Years Provision free of Charge) (Extended Entitlement) Regulations 2016 The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 Equality Act 2010 The School Admission Code (Appointed Day) Order 2014 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/uksi/2014/3321/pdfs/uksi_20143321_en.pdf Children Act 2004 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ukpga/2004/31/contents Childcare Act 2006 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/childrenandyoungpeople/earlylearningandchildcare/delivery/ a0071032/childcare-act-2006 Childcare Act 2016 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ukpga/2016/5/enacted Education Act 2011 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ukpga/2011/21/contents/enacted Children and Families Act 2014 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ukpga/2014/6/contents/enacted Special Educational Needs and Disability Act 2001 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ukpga/2001/10/contents The statutory Special educational needs and disability code of practice: 0 to 25 years January 2015 Safeguarding Vulnerable Groups Act 2006 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ukpga/2006/47/contents Working Together to Safeguard Children 2015 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/uploads/system/uploads/attachment_data/file/419595/W orking_Together_to_Safeguard_Children.pdf Data Protection Act 1998 ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ukpga/1998/29/contents General data Protection Regulation (GDPR) BFC only commits to policies and practices that eradicate discrimination and promote equality for all, regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. BFC expects stakeholders to meet t...

Legislative Context. 4.1 Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO Act”) contains reforms to the funding and costs of civil litigation following the Government’s acceptance of recommendations made by Lord Justice ▇▇▇▇▇▇▇ – see Reforming Civil Litigation Funding and Costs in England and Wales – Implementation of Lord Justice ▇▇▇▇▇▇▇’▇ Recommendations: The Government Response, March 2011 (CM8041). The cap on a lawyer’s fees under a DBA forms part of these reforms, and allows a prescribed amount of claimants’ damages to be protected. 4.2 Section 58AA of the 1990 Act makes provision for the regulation of DBAs in employment matters. The Damages-Based Agreements Regulations 2010 (2010/1206 - “the 2010 regulations”), made under section 58AA, further regulate the use of DBAs in employment matters. These Regulations revoke the 2010 regulations, but replicate their provisions. 4.3 Section 45 of the LASPO Act amends section 58AA to permit the use of DBAs in all areas of civil litigation, and to enable the Lord Chancellor to regulate their use and, in particular, to specify the maximum payment that may be made from damages under a DBA in particular proceedings. 4.4 It is intended that these Regulations will come into force on the same day as section 45 of the LASPO Act, i.e. 1st April 2013. 4.5 The DBA principles are based on the lawyer not being able to recover any more than the DBA fee.

Legislative Context. The following statutory frameworks underpin this Code of Practice and providers must be able to demonstrate compliance with all relevant legislation as amended from time to time without express change to this agreement: • Childcare Act 2016 • Children Act 2004 • Childcare Act 2006 • Education Act 2011 • Statutory Framework for the Early Years Foundation Stage – 2017 • SEND Code of Practice: 0 to 25 years - 2015 • Safeguarding Vulnerable Groups Act 2006 • Working Together to Safeguard Children 2018 • Small Business, Enterprise and Employment Act 2015 • Equality Act 2010 • The Data Protection Act 2018 • General Data Protection Regulations (GDPR) 25 May 2018 • Children and Families Act 2014 • Section 26 of the Counter-terrorism and Security Act 2015 (the ‘Prevent’ duty) • Freedom of Information Act 2000 • All relevant Health and Safety legislation. provider to ensure compliance with all relevant legislation and to keep up to date with all relevant changes. Somerset County Council reserves the right to unilaterally vary this agreement to reflect any changes made to legislation. Providers should also take note that Somerset County Council, as a Local Authority, is required by statute to comply with various requirements, such as the Freedom of Information Act 2000. Providers that are placed on Somerset County Council’s Directory do so in the knowledge that they may from time to time be required to provide information to comply with a Freedom of Information request. Any information provided may be subject to release.

Legislative Context. Please refer to the Legislation and standards service provision requirement page on the service provider area of the Department for Child Protection (DCP) website.