Operation of the Scheme. GOODS
4.1.1 Under this Arrangement, a Good that may legally be sold in the Jurisdiction of an Australian Party may legally be sold in New Zealand and a Good that may legally be sold in New Zealand may legally be sold in the Jurisdiction of any Australian Party. Goods need only comply with the standards or Regulations applying in the jurisdiction in which they are produced or through which they are imported. The understandings entered into under this principle are confined to the laws of each Party.
4.1.2 Under the principle referred to in sub-paragraph 4.1.1, mutual recognition will affect certain laws relating to the sale of Goods of the jurisdiction where the Goods are intended for sale. Such laws include:
(a) Requirements relating to production, composition, quality or performance of a Good;
(b) Requirements that a Good satisfy certain standards relating to presentation, such as packaging, labelling, date, or age stamping;
(c) Requirements that Goods be inspected, passed or similarly dealt with; or
(d) any other Requirement that would prevent or restrict, or would have the effect of preventing or restricting, the sale of the Good.
4.1.3 The Arrangement is not intended to affect the operation of any laws to the extent that they regulate:
(a) the manner of the sale of Goods or the manner in which sellers conduct or are required to conduct their business, so long as those laws apply equally to Goods produced or imported in the Jurisdiction of the Party. Examples include:
(i) the contractual aspects of the sale of Goods;
(ii) the registration of sellers or other persons carrying on occupations;
(iii) the requirements for business franchise licences;
(iv) the persons to whom Goods may or may not be sold; and
(v) the circumstances in which Goods may or may not be sold;
(b) the transportation, storage or handling of Goods, so long as those laws apply equally to Goods produced or imported under the laws of the Party and so long as they are directed at matters affecting public health and safety or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution); or
(c) the inspection of Goods, provided inspection is not a prerequisite to the sale of Goods, the laws apply equally to Goods produced or imported under the laws of the Party, and the laws are directed to protecting the health and safety of persons or to preventing, minimising or regulating environmental pollution.
4.1.4 Consistent with the mutual recognit...
Operation of the Scheme. The Scheme will be operated by the Scheme Operator on behalf of the Guarantor pursuant to Delegation Order No. S.I. 505 of 2009.
Operation of the Scheme. 2.1. Operate and manage the Scheme to achieve the stated Scheme Objectives.
2.2. Accept and process applications for certification from applicants from all sectors and locations within the UK, via a range of application channels, to include telephone and website bookings.
2.3. Offer support and advice to applicants, within the context of the UKAS accreditation to EN45011.
2.4. Carry out rigorous and transparent assessments (to include re-assessments of existing certificate holders) of Customers, in accordance with the provisions of the Standard, and to the maximum extent reasonably possible, in accordance with the reasonable instructions and requests contained within each application. Accordingly, the Operator shall:
2.4.1. maintain a cadre of fully competent assessors, and shall monitor and evaluate the performance of those engaged to perform assessments on its behalf.
2.4.2. ensure that its assessors are in each case a fit and proper person, particularly if an assessment has the potential for unsupervised contact with children or vulnerable adults.
2.4.3. ensure that at least one certifier quality assures the conclusions of the lead assessor prior to confirming the decision.
2.5. Monitor Customers’ compliance with their sub-licence, in particular make sure that Customers do not hold themselves out as being certified beyond the expiry period unless a re-assessment has been successfully completed.
2.6. Monitor, and require notification from, the Customer for changes in corporate structure, mergers or other material changes and if such event arises make prompt decisions about the Customer’s continued ability to comply with their sub-licence.
2.7. Notify Customers of the outcome of their assessments promptly (see SLA Ref #1)
2.8. Provide each Customer who successfully passes the Assessment in the Scheme with (see SLA Ref #2):
2.8.1. A written debrief detailing its performance against each measure within the Standard (along with brief supporting commentary);
2.8.2. A sub-licence in the form in Schedule xxx which will permit the Customer to display the Hallmark subject to certain terms and conditions;
Operation of the Scheme. DP Administration Limited will provide general guidance on the operation of the Scheme in accordance with Scheme Rules and the requirements of HMRC as and when reasonably requested by the Principal Employer or the Trustees.
Operation of the Scheme. (a) As soon as reasonable following approval by the Board of an amount, if any, available for the purposes of the Scheme:
(i) The Board shall determine which employees of the Company are Eligible Employees as defined in Rule 1 and forthwith inform the Trustee accordingly;
(ii) The Company shall inform each Eligible Employee of his Individual Entitlement and invite him to participate in the Scheme by completing within fourteen (14) days a form of acceptance for this purpose;
(iii) Any Eligible Employee who wishes to participate in the Scheme shall contract with the Company in accordance with the terms of Rule 8 (b) below. Failure to comply with this requirement shall preclude such Eligible Employee from participating in the Scheme;
(iv) The Company shall, in accordance with such requirements as the Trustee may from time to time specify, prepare and make available to the Trustee the name and address and the Individual Entitlement and Individual Share Allocation of each Eligible Employee who has elected to participate in the Scheme.
(b) On or before each Appropriation Date the Company shall make available to the Trustee in respect of each Eligible Employee who has contracted to participate such sum as the Eligible Employee has elected to have appropriated to him under the Scheme on condition that such sum is applied by the Trustee in the acquisition (by purchase, subscription or otherwise) of Shares before the expiry of the period of nine (9) months after the immediately preceding Announcement Date or such longer period as the Revenue Commissioners may allow.
Operation of the Scheme. (A) The Scheme shall become effective upon the filing of the Court Order.
(B) Unless the Scheme shall become effective on or before 30 June 2011, or such later date, if any, as Spring and Autumn may agree and the Court may allow, the Scheme shall never become effective.
(C) Spring and Autumn may jointly consent on behalf of all persons concerned to any modification of or addition to the Scheme or to any condition which the Court may approve or impose.
Operation of the Scheme. (A) The Scheme will become effective upon the filing with the Guernsey Registry of the order of the Court to sanction the Scheme under Part VIII of the Companies Law. The date and time at which the Scheme becomes effective is referred to in this Scheme as the “Effective Time”.
(B) Unless this Scheme has become effective on or before [l] p.m. (London time) on [l]2, or such later date, if any, the Company, Purchaser and AcquireCo may agree, this Scheme shall never become effective.
Operation of the Scheme. (I) The Demerged Undertaking of the Demerged Company is proposed to be demerged and transferred to the Resulting Company for achieving the above mentioned objectives, pursuant to Sections 230 to 232 of the Companies Act, 2013 and other applicable provisions thereof read with Section 2(19AA) of the IT Act (as defined below), and the SEBI Circular (as defined below).
(II) The Resulting Company shall issue and allot equity shares to all the shareholders of the Demerged Company in proportion to their shareholding in the Demerged Company, as consideration for the transfer of the Demerged Undertaking (as defined below). The Demerger of the Demerged Undertaking in accordance with this Scheme shall take effect from the Appointed Date and shall be in accordance with Section 2(19AA) of the IT Act, such that:
(a) All the properties of the Demerged Undertaking as on the Appointed Date shall be transferred to and become the properties of the Resulting Company by virtue of this Scheme;
(b) All the liabilities relating to the Demerged Undertaking, as on the Appointed Date shall become the liabilities of the Resulting Company by virtue of this Scheme;
(c) The properties and the liabilities relating to the Demerged Undertaking shall be transferred to the Resulting Company at the value appearing in the books of accounts of the Demerged Company immediately before this Demerger;
(d) The Resulting Company shall issue, in consideration of this Demerger, its equity shares to all the shareholders of the Demerged Company as on the Record Date on a proportionate basis, in accordance with this Scheme;
(e) All the shareholders of the Demerged Company as on the Record Date shall become the shareholders of the Resulting Company by virtue of this Demerger;
(f) The transfer of the Demerged Undertaking shall be on a going concern basis; and
(g) The Demerger is in accordance with the conditions, if any, notified under sub- section (5) of section 72A of the IT Act, by the Central Government in this behalf. If any of the terms or provisions of the Scheme are found or interpreted to be inconsistent with the provisions of Section 2(19AA) of the IT Act, at a later date, including resulting from an amendment of law or for any other reason whatsoever, the provisions of Section 2(19AA) of the IT Act shall prevail and the Scheme shall be modified, in accordance with Clause 30, to the extent determined necessary to comply with Section 2(19AA) of the IT Act. Such modifications shall however not affec...
Operation of the Scheme. 4.1 The Contractor shall commence the operation of the Scheme by not later than fourteen (14) months from the Effective Date. The Contractor shall ensure that it covers all the operations and complies with the requirements set out in Schedules 1 and 2 of this Agreement.
4.2 The Contractor shall establish and operate a web portal, which shall be live within six (6) months from the Effective Date.
4.3 The Contractor shall, by not later than eight (8) months from the Effective Date, establish conditions for participation in the Scheme by producers, distributors, retailers and catering undertakings, in terms of the provisions of the Regulations which conditions shall be made available on the Contractor’s website by the same date.
4.4 The Agency shall establish a deposit applicable to the Scheme and the amount of this deposit shall be published on the Contractor’s website and in at least two daily newspapers, one in the Maltese language and one in the English language. The amount of deposit shall be established and revised in consultation with the Contractor in a manner based on the purposes of the Scheme.
4.5 In the event that the value of the deposit is changed during the Term, the Contractor shall publish the new value of the said deposit on its website and in at least two daily newspapers, one in the Maltese language and one in the English language.
4.6 The Contractor may establish a registration fee and an administration fee which fees shall be published on the Contractor’s website.
4.7 The Contractor may enter into agreements with third parties regarding the operation of RVMs on their premises, subject to the Contractor paying retailers a handling fee for the operation of RVMs on their premises. The Contractor may also enter into agreements with retailers operating a manual system for collection of beverage containers, subject to the Contractor paying the retailers a handling fee. The handling fee to be paid to retailers in such circumstances shall be set according to objective, non-discriminatory criteria, taking into account the type of system used for the return of beverage containers.
Operation of the Scheme. 4.1. Failure to comply with any of the terms of this Funding Agreement and in particular failure to comply with the conditions of Funding listed in this clause 4 below may result in the suspension of the Grant and/or a termination of this Funding Agreement and/or recoupment of the Grant, or parts thereof as set out in clause 7 and 8 of this Funding Agreement.
4.2. Calculation of Funding to be provided to a Partner Service under the Scheme
4.2.1. Core Funding allocations are calculated on a weekly basis. These weekly allocations are aggregated to monthly instalments which are ordinarily paid monthly in advance, spread across the entire Programme Year. Partner Services that are in Core Funding for less than a full Programme Year will be awarded the appropriate number of weekly allocations.
4.2.2. Core Funding grant values will be automatically calculated by the Hive on the basis of the information provided by Partner Services as part of their Core Funding Application.
4.2.3. The Core Funding allocation is made up of the following elements: Base Rate (up to a maximum rate); Flat Rate for sessional-only services; Minimum Base Rate; Graduate Lead Educator Premium; Graduate Manager Premium The relevant rates are identified at Schedule 3 of this Funding Agreement and greater detail is provided in the Core Funding Rules Document about this calculation.
4.2.4. Where a Partner Service is eligible for the additional Equal Start funding (please see clause 5 below), the Partner Service will receive an additional payment for Equal Start calculated as the total annual minimum staffed hours required to deliver the services sessions established on the basis of each individual Partner Services Core Funding Application multiplied by an hourly staffing value set by the Department.
4.2.5. Base Rate values will be calculated on the basis of the details set out in the Core Funding Rules Document.
4.2.6. It is a condition of this Funding Agreement that a Partner Service, not including childminders, cannot fall below the minimum base rate or above the maximum base rate allocations set out in the Core Funding Rules document and identified in Schedule 3.
4.2.7. A flat rate allocation will apply to Partner Services registered as sessional only on the Tusla Register of Early Years Services which is set out in the Core Funding Rules document and Schedule 2 of this Funding Agreement.
4.2.8. Graduate Lead Educator and Graduate Manager Premium values will be calculated on the ba...
