Enforcement decisions Clause Samples
Enforcement decisions. In the case of fixed penalty notices, the issuing of notices and subsequent enforcement action will be undertaken by the lead delivery council. The income from fixed penalty notices will be collected by the lead delivery council. The relevant local council will be informed of any fixed penalty notices issued. The lead delivery council will provide advice to the councils where it is considered that further enforcement action is required within their council areas. Data sharing agreements between the cluster leads will allow for data on these activities to be shared between the cluster leads and the Council area within which the HMO is located. In the event that a Service Provider solicitor is unavailable during non-working hours, and a technical officer considers that there is an emergency, s/he may revoke a licence, subject to having the necessary authorisation under the relevant Council’s scheme of delegation. The decision to take legal action will lie with individual councils. Prosecutions that may be required will be managed collaboratively between the lead delivery council and the relevant local council. The legal process will be undertaken in the council area within which that the offence took place. The lead delivery council will provide resources (ie legal support and officers for court attendance) should prosecutions be undertaken, but the responsibility for the decision and initiation of such court action will rest with the respective local council. A SLA regarding Legal support and functions is the subject to a separate and specific agreement between the councils and Belfast City Council, as the lead provider of legal services to the scheme.
Enforcement decisions. All decisions pertaining to enforcement action in relation to prosecutions within the Causeway Coasts and Glens BC and Antrim and Newtownabbey BC will be signed off by the Designated Officer from which ever Council area the offence took place in line with the Councils Generic Enforcement Policy and Animal Welfare Enforcement Guidelines. Currently Prosecutions within Mid and East Antrim BC require Council approval.
Enforcement decisions. (a) If either of the Majority Super Senior Creditors or the Senior Secured Required Holders (in each case acting through their Agents) wish to instruct the Security Agent to commence enforcement of any Transaction Security, such group of Creditors must deliver a copy of the proposed instructions as to such enforcement (the “Proposed Enforcement Instructions”) to the Security Agent and the Agent for each of the Super Senior Creditors and the Notes Trustee (as appropriate). The Security Agent shall promptly notify each of the Agents of the Super Senior Creditors and the Notes Trustee upon receipt of such Proposed Enforcement Instructions.
(b) Prior to the Super Senior Discharge Date and subject to paragraphs (c), (d) and (e) below, if the Security Agent has received any Proposed Enforcement Instructions, it shall either enforce or refrain from enforcing the Transaction Security in accordance with the instructions of the Senior Secured Required Holders (and the Senior Secured Required Holders shall be the Instructing Group for the purposes of Clause 11.2 (Enforcement instructions) and any such instructions by such Instructing Group will be in accordance with the Security Enforcement Principles and in each case, acting through their respective Agents) provided that failure to give instructions will be deemed to be an instruction not to enforce the Transaction Security.
(c) In the event that:
(i) from the date that is three (3) months after the date upon which the first Proposed Enforcement Instructions (including such instructions not to enforce the Transaction Security) are delivered, the Senior Secured Required Holders have not taken any Relevant Enforcement Action of the Transaction Security; or
(ii) the Super Senior Liabilities have not been fully discharged in cash within six (6) months of the date upon which the first such Proposed Enforcement Instructions (including any such instructions not to enforce the Transaction Security) are delivered, then (with effect from the date of the earlier to occur of such events), the Majority Super Senior Creditors shall become the Instructing Group for the purposes of Clause 11.2 (Enforcement Instructions).
(d) If at any time the Security Agent has not taken any Relevant Enforcement Action of the Transaction Security notwithstanding the Transaction Security having become enforceable in accordance with its terms, an Agent acting on behalf of the Majority Super Senior Creditors or the Senior Secured Required Holders, ...