An analysis of the modern Section 42 application - CMS LAW-NOW
Nov 13, 2020 · Section 42 (“s42”) applications are made under s42 of the Town and Country Planning (Scotland) Act 1997 (“TCPA 1997”). These are often mistakenly referred to as ‘variations’, as they can be used in effect to vary the conditions to which a …
42 CFR Part 438 Subpart F -- Grievance and Appeal System
Nov 13, 2020 · Grievance and appeal system means the processes the MCO, PIHP, or PAHP implements to handle appeals of an adverse benefit determination and grievances, as well as the processes to collect and track information about them.
Planning Circular 3/2013: Development management procedures
Dec 27, 2013 · The duration of a planning permission (and in the case of a PPP the time limits for making applications for requisite approvals) can be altered by direction but (other than for the purposes of appeals or local reviews) they are not conditions subject to which the previous planning permission was granted. Section 42 therefore does not apply in ...
Section 42 Applications - Refresher on key principles
Apr 17, 2020 · Helpful then to have the Scottish court's restatement of the key principles, in a statutory appeal by City of Edinburgh Council against the grant of section 42 consent for the large mixed use scheme at Granton Harbour (originally promoted by Forth Ports).
Any outcome/decision reached as a result of a Section 42 investigation is not open to appeal, as set out in the Care Act 2014, the decision-making responsibility lies with the local authority,. To reach any decision there is an agreed process that the decision-making manager should follow.
•How far do these decisions about S42 impact on outcomes for people? What difference does the decision make? •How far does the person, and their initial view on whether a concern constitutes...
Court of Appeal confirms peremptory order despite pending ...
Jan 16, 2023 · The Court of Appeal concluded that S3D's construction of s42 of the Act was unsound. Section 42 is one of the sections of the Act in which the Court is empowered to make orders to support the arbitral process.
S42 is not carried out, have nevertheless been ‘protected’ (ie the risk has been reduced). Have a clear local understanding about what will lead to an enquiry under S42 and how to record that...
enquiry satisfies its duty under S42(2) of the Care Act 2014 to decide what action (if any) is necessary to help and protect the adult and by whom and to ensure that such action is taken when...
The purpose of the initial enquiry is to establish whether the following S42 criteria are met. Safeguarding duties apply to an adult who: Has needs for care and support (whether or not the Local Authority is meeting any of those needs); Is experiencing, or is …