Relationship between S117 and other Legislation Sample Clauses

Relationship between S117 and other Legislation. If the Multi-Disciplinary Team identify that there is no specific need for Section 117 services to be provided, there still may be a duty under the Care Act 2014 for other services to be provided. This would be the case if the care to be provided was not to satisfy the purpose of Section 117 but was, for example, services to meet needs not arising from the mental health condition of the patient. Professional staff need to be clear that where the services that a person is receiving are not being provided as a result of their mental health needs, or do not meet the statutory criteria for S117 service for the purposes of reducing the likelihood of their re-admission to a mental health hospital, then these services should be deemed to be provided under other community care legislation and, as such, subject to the usual financial assessment and charging. Arrangements under the Mental Health Act are separate and different from NHS Continuing Healthcare and the two should not be confused. The National Framework for NHS Continuing Healthcare clarifies and supports consistency in the determination of eligibility for NHS Continuing Healthcare and NHS Funded Nursing Care. Section 117 is a freestanding duty that is distinct from the CCG’s general obligation to provide health services. This freestanding duty is to provide aftercare services solely for needs that arise due to the individual’s mental health condition. Where a patient is eligible for services under Section 117 these should be provided under Section 117 and not under NHS Continuing Healthcare. It is not, therefore, necessary to assess eligibility for NHS Continuing Healthcare if all the services in question are to be provided as mental health after-care services under Section 117. However, a person in receipt of mental health after-care services under Section 117 may also have physical health care needs that are not related to their mental disorder. Such needs would not fall within the scope of section 117 aftercare. Therefore, some individuals may be receiving s117 after care services for their mental health needs but also have physical health support needs that might make them eligible for NHS Continuing Healthcare. In such cases, a CHC Decision Support Tool should be completed and returned (with a recommendation regarding CHC eligibility) to Surrey Downs CCG CHC Team. Any mental health after-care needs that fall within section 117 responsibilities would not be taken into account in considering NHS conti...
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  • LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject: Agreement between the European Union and the government of the Republic of Turkey on certain aspects of Air Services 18268/11 DG C I C KSM/kst EN AGREEMENT BETWEEN THE EUROPEAN UNION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY ON CERTAIN ASPECTS OF AIR SERVICES THE EUROPEAN UNION, (hereinafter "the Union") of the one part, and THE GOVERNMENT OF THE REPUBLIC OF TURKEY (hereinafter "Turkey") of the other part (hereinafter "the Parties"), HAVING REGARD to Council Decision 64/732/EEC of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey, and Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union, which constitute the legal basis of Turkey's association with the EU, HAVING REGARD to the adoption at the Luxembourg Intergovernmental Conference of 3 October 2005 of the Negotiating Framework and in particular Articles 1, 2 and 6 thereof, HAVING REGARD to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and the 2008 National Programme of Turkey for the Adoption of the EU Acquis in which Turkey accepts and is prepared to implement the full "Acquis" in relation to air transport matters upon accession to the EU, NOTING that, until such accession, this Agreement will open the way towards Turkey's participation in Union civil aviation projects, in particular the Single European Sky, in order to assist Turkey in the adoption of the "Acquis", NOTING that the European Court of Justice has found that certain provisions of bilateral air services agreements concluded between several Member States of the Union and third countries are incompatible with Union law, NOTING that bilateral air services agreements concluded between several Member States of the Union and Turkey contain similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and Union law, NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air services agreements between Member States of the Union and third countries, NOTING that under Union law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the Union and third countries, HAVING REGARD to the agreements between the Union and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with Union law, RECOGNISING that consistency between Union law and the provisions of the bilateral air services agreements between Member States of the Union and Turkey will provide a sound legal basis for air services between the Union and Turkey and preserve the continuity of such air services, NOTING that under Union law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the Union and which have as their object or effect the prevention, restriction or distortion of competition, RECOGNISING that provisions in bilateral air services agreements concluded between Member States of the Union and Turkey which i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or ii) reinforce the effects of any such agreement, decision or concerted practice; or iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings, NOTING that it is not a purpose of the Union, as part of these negotiations, to increase the total volume of air traffic between the Union and Turkey, to affect the balance between Community air carriers and air carriers of Turkey, or to negotiate amendments to the provisions of existing bilateral air services agreements concerning traffic rights, NOTING that nothing in this Agreement shall be deemed to confer on the air carrier of a Designating Member State the privilege of taking advantage of unused frequencies between Turkey and other Member States before the procedures regarding designation have been duly completed between the designating Member State and Turkey, NOTING that the principle of fair and equal opportunity laid down in the relevant bilateral Air Services Agreements for Turkish and Community air carriers will be fully respected, HAVE AGREED AS FOLLOWS:

  • CONTRACTING AND OTHER PARTIES (Clause 42.1) Employer: The Mvula Trust Postal Address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London Telephone: 000 000 0000 Facsimile: 043 726 5967 Physical address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London Principal Agent: The Mvula Trust Postal Address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London Telephone: 000 000 0000 Facsimile: 043 726 5967 Physical address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London CONTRACT DETAILS (Clause 42.2) Clause 42.2.1 Works Description: Construction of new ablution facilities. Clause 42.2.2 Site Description: The site is the existing Qhoboshane Junior Secondary School. Clause 42.2.3 Work or Installations by Others: XXX Xxxxxx 42.2.4 This Agreement is for a State Contract :- Yes Carried to Collection R

  • CONFLICT OF INTEREST AND OTHER RULES OR REGULATIONS 6.1 Prior to executing the Agreement, Employee shall make a declaration to Manitoba as to actual or potential conflict of interest as required by the Conflict of Interest Guidelines, policies and legislation of Manitoba.

  • Institutional and Other Arrangements A. Institutional Arrangements

  • GOVERNING LAW AND OTHER REPRESENTATIONS: DIR Customer [ ] Unit of Texas Local Government hereby certifying that is has statutory authority to perform its duties hereunder pursuant to Chapter , Texas Code. [X] Non-Texas State agency or unit of local government of another state hereby certifying that it has statutory authority to enter in to this Interlocal Agreement and perform its duties hereunder pursuant to the Colorado Judicial Department Purchasing Fiscal Rules.

  • SPECIAL AND OTHER LEAVE 33 20.1 Bereavement Leave 33 20.2 Special Leave 33 20.3 Family Illness 34 20.4 Full-Time Union or Public Duties 34 20.5 Leave for Court Appearance 34 20.6 Leave for Writing Examinations 35 20.7 Leave for Taking Courses 35 20.8 Education Leave 35 20.9 Elections 35 20.10 General Leave 35 20.11 Leave for Medical and Dental Care 35 20.12 Donor Leave 36 20.13 Other Religious Observations 36 20.14 Child Care Expenses 36 20.15 Definition of Child 37 20.16 Compassionate Leave 37 ARTICLE 21 - MATERNITY LEAVE 37 21.1 Maternity Leave 37 21.2 Parental Leave 37 21.3 Request for Leave 38 21.4 Benefits Continuation 38 21.5 Return to Work 38 21.6 Entitlements Upon Return to Work 38 21.7 Sick Leave Credits 38 21.8 Paternity Leave 38 ARTICLE 22 - OCCUPATIONAL HEALTH AND SAFETY 39 22.1 Conditions 39 22.2 Safety Committee 39 22.3 Injury Pay Provision 39 22.4 Transportation of Incident Victims 39 22.5 Pollution Control 39 22.6 Investigation of Incidents 39 22.7 Occupational First Aid Requirements 40 22.8 Occupational Health and Safety Courses 40 22.9 Work Restrictions 40 22.10 Controlled Products, Hazardous Waste, Pesticides and Harmful Substances 41 22.11 Communicable Disease Protection 41 ARTICLE 23 - TECHNOLOGICAL CHANGE 41 23.1 Definition 41 23.2 Notice 42 23.3 Data to be Provided 42 23.4 Notice to Functional Work Xxxx 00 23.5 Consultations 42 23.6 Resulting Agreements 43 23.7 Failure to Agree 43 (iv) 23.8 Effect of Dispute Resolution or Introduction of Technological Change 43 ARTICLE 24 - CONTRACTING OUT 43 24.1 No Contracting Out 43 24.2 Contracting/Leasing 43 ARTICLE 25 - HEALTH AND WELFARE 43 25.1 Basic Medical Insurance 43 25.2 Extended Health Care Plan 43 25.3 Dental Plan 44 25.4 Group Life 45 25.5 Long-Term Disability 45 25.6 Chiropractor/Massage Therapist Fees 45 25.7 Workers' Compensation Board Claims 45 25.8 Medical Examination 45 25.9 Legislative Changes 45 25.10 Employee and Family Assistance Program 46 25.11 Definition - Full-Time 47 25.12 Payment in Lieu of Health and Welfare Benefits 47 25.13 Employment Past Age 65 – Group Benefits 47 ARTICLE 26 - WORK CLOTHING 47 26.1 Supply of Clothing 47 26.2 Maintenance of Clothing 47 ARTICLE 27 - PAYMENT OF WAGES AND ALLOWANCES 48 27.1 Equal Pay 48 27.2 Paydays 48 27.3 Retroactive Pay 48 27.4 Rates of Pay 48 27.5 Substitution Pay 48 27.6 Pay on Temporary Assignment 49 27.7 Reclassification of Position 49 27.8 Transportation for Employees 49

  • Utilities and Other Services 4.4.1 The Tenant shall arrange, at its own cost and expense, for the installation, connection and supply of all utilities and any other services required by it at or in relation to the Premises.

  • System Protection and Other Control Requirements Developer shall provide, install and test relay protection systems at the Merchant Transmission Facility to interface with those systems installed by Connecting Transmission Owner at the West 49th Street Substation.

  • Financial and Other Covenants Borrower shall at all times comply with the financial and other covenants set forth in the Schedule.

  • Compliance with State and Other Laws The CONSULTANT specifically agrees that in performance of the services herein enumerated by it or by a subcontractor or anyone acting in behalf of either, that it or they will exercise the standard of care to comply with state, federal and local statutes, ordinances, and regulations applicable to the performance of this Agreement.

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