Disputes are the bane of all construction professionals lives, but unfortunately no matter how hard one tries to avoid them (partnering, mediation and the like) there are always some matters which require formal dispute resolution to resolve them. PFI is one area where efforts have been made in the last few years to streamline disputes and where appropriate to consolidate disputes. While such aims are to be applauded they can in themselves lead to difficulties ...
• Directors of NPOs are subject to substantially the same duties and liabilities as directors of for-rofit companies • Being a director of an NPO is not merely an honorary role • The corporate governance rules recommended for or imposed on reporting issuers are examples of best practices for NPOs; however, like for small businesses, they should be adapted, depending on the situation, to avoid unduly complicating the NPO’s processes • Special attention should be paid to certain differenc
State Aid is something of a European hot potato as the European Commission is currently in the process of reforming the rules surrounding State Aid. This reform process is the key priority for Robert Hankin, head of the Regional Aid Unit at the European Commission. State Aid involves support given by a member state to businesses, in the form of subsidies or tax breaks for example, and has a wide-ranging impact throughout Europe ...
What will the impact be when the Scottish Parliament Finance Committee reports on Accountability and Governance asks Kelly Harris The Finance Committee of the Scottish Parliament has been conducting an inquiry into Accountability and Governance in Scotland, looking at the proliferation of Commissioners and Ombudsmen established since devolution. The impetus behind the inquiry was the growing concern that money might be being wasted as a result of overlapping functions and responsibilities ...
There are a number of legal mechanisms that can improve the economics and liability of industrial and commercial development projects for developers willing to take advantage of them. This article will explore some of the incentives available to developers that will assist in maximizing profits and freeing-up capital that would otherwise be devoted to conventional construction or permanent loan financing. 1. Tax Incremental Financing Districts (“TIF’s”) ...
The implementing rules and regulations of Republic Act No. 6957 as amended, or the BOT Law, have been revised to increase incentives, minimize government regulations, allow reasonable returns on investments, share risks between the government and the project proponent, and assure transparency and competitiveness in the bidding and award of projects ...
In its 1993 decision in U.S. v. Rohm & Haas, the Third Circuit held that EPA could not recover CERCLA oversight costs for supervising a private party removal action. The Court reasoned that the U.S. Supreme Court’s decision in National Cable Television Ass’n, Inc. v. U.S. barred recovery of such costs “unless the statutory language clearly and explicitly requires that result ...
The Freedom of Information Act 2000 (FOIA) and the Freedom of Information (Scotland) Act 2002 (FOISA) both came into force on 1 January 2005. The Acts gave the general public the right to request and receive information held by public authorities for the first time ...
The Police and Justice Bill was put before the House of Commons on 25 January 2006. The main aim of the Bill is to improve the powers and scope of the police force but there are a number of sections which look to update the Computer Misuse Act 1990 (CMA) and in particular to make Denial of Service (DOS) Attacks illegal. DOS attacks can take many forms but are essentially an attempt to disrupt the use of a computer, server or website ...
TABLE OF CONTENTS I. INTRODUCTION II ...
The Environmental Protection Agency (EPA) has published a draft of Ireland’s second National Allocation Plan for Emissions Trading in Ireland. This follows a recent announcement by the Minister for the Environment, Heritage and Local Government, Mr. Dick Roche, T.D., which set out the total quantity of Carbon Dioxide (CO2) allowances being made available by Government to Ireland’s emissions trading sector ...
The Planning and Development (Strategic Infrastructure) Bill 2006 was published on 16 February 2006 (a pdf version of this Bill is available at the end of this article). The idea of creating a “fast track” planning procedure for major infrastructural projects had been mooted for over three years ...
The Cabinet Office's Better Regulation Executive (BRE) is currently undertaking a review of penalties for businesses that fall foul of the law and business should ensure their views are heard. This spring, a consultation paper will be released which will be the final opportunity for stakeholders and interested parties to contribute to the review before it makes its recommendations to the Government in late 2006 ...
March of 2006 will make a mark in history as the date in which the people of Bolivia have manifested, through the National Congress, their irrevocable and unequivocal decision of modifying the political structure of the Republic by simultaneously calling to a Constituent Assembly, with the purpose of designing a new Political Constitution, and to a binding referendum on departmental autonomies. Six presidents have passed since the beginning of the new millennium ...
The Federal Electricity Commission (the “Commission”) will put out for public bidding the construction and operation of a hydroelectric plant named “La Yesca.” The plant will be located 65 kilometers from the El Cajon Dam, between the boundaries of the states of Nayarit and Jalisco ...
Scotland's new procurement regulations came into force on 31 January 2006, meaning the country is covered by a separate set of procurement rules than the rest of the UK. This is a major change from the previous regime. The Public Contracts (Scotland) Regulations and the Utilities Contracts (Scotland) Regulations, both 2006, were introduced to ensure the procurement regime in Scotland complies with the European Union's new directives on procurement in the public and utilities sectors ...
In June 2004 legislation came into force giving Scottish communities a right to purchase land for sustainable development. The legislation is complicated. Even the Scottish Executive's guidance for community bodies states such a purchase is no easy option and requires commitment and patience. It suggests community bodies may wish to consider buying the land by agreement without the use of the legislation ...
In June 2004 legislation came into force giving Scottish communities a right to purchase land for sustainable development. The legislation is complicated. Even the Scottish Executive's guidance for community bodies states such a purchase is no easy option and requires commitment and patience. It suggests community bodies may wish to consider buying the land by agreement without the use of the legislation ...
The Federal Electricity Commission (the “Commission”) has put out for public bidding the construction and the operation of a Liquid Natural Gas Degasification Terminal (the “Terminal”). The winning tender will construct, operate, and supply gas from the Terminal which will ensure a supply of natural gas to the Commission’s electricity generating plants Manzanillo I and II, Bajio, El Sauz, Salamanca, and Guadalajara I and II ...
In order to speed up the application in Mexico of the concept of “immunity” proposed in a recent bill containing amendments to the Federal Economic Competition Law (the “Law”), a full session of the Commission, on January 26, 2006, approved the “Internal Policies to Grant Immunity to Those Cooperating in Investigations of Monopolistic Practices.” The policy will work as follows: 1 ...
On November 29, 2005, the Chamber of Deputies of Mexico’s Congress approved a draft of the “Civil Liability for Environmental Damage Law” (the “Bill”) which regulates liability for acts or omissions which have an adverse impact on the environmental. The Bill was sent to the Senate on December 1, 2005 and is now in the process of being studied by the Environmental, Economic Development, Justice and Legislative Studies Committees ...
Great fanfare surrounded the introduction of the Freedom of Information Act and the Freedom of Information (Scotland) Act 2002 a year ago. The FOI legislation was hailed as a success in changing the culture of government. But while most public sector organisations have now come to grips with the workings of the FOI legislation, many have overlooked an associated set of regulations that came into effect at the start of this summer ...
The 18th Session of the Standing Committee of the 10th National People’s Congress adopted the amended Company Law of the of the People’s Republic of China on 27 October 2005. President Hu Jintao promulgated the Law on the same date. The Law, which enters into effect on 1 January 2006, is a significant reform of the Company Law. It simplifies company establishment requirements and statutorily expands the rights of shareholders in PRC companies ...
At the 18th Session of the Standing Committee of the 10th National People’s Congress held on 27 October 2005 amendments to the Securities Law of the of the People’s Republic of China were adopted. The amendments, which were promulgated by President Hu Jintao on 27 October 2005 and enter into effect on 1 January 2006, represent a significant reform of the Law which was first promulgated in 1999 ...
The State Council passed the Regulations of the People's Republic of China for the Administration of Production Licences for Industrial Products on 29 June 2005. The Regulations were promulgated by premier Wen Jiabao on 9 July 2005 and entered into effect on 1 September 2005. The Regulations repeal the Trial Regulations for Industrial Product Production Permits promulgated by the State Council on 7 April 1984 ...
