11. Public regulation of land

2013 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Land Use ◽  
Public Interest ◽  
Local Environment ◽  
State Intervention ◽  
The Public ◽  
Public Regulation ◽  
The Core ◽  
The Subject ◽  
Significant Measure ◽  
Land Control

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A significant measure of socially beneficial control over land and the local environment is achieved through various forms of state-imposed regulation. This chapter, which discusses how estate ownership is constrained by conceptions of stewardship in the public interest, examines the law and context surrounding some of the most far-reaching forms of state intervention in the area of land: control of land use and takings of land.

17. Corporate rescue and liquidations in outline

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

17. Corporate rescue and liquidations in outline

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

17. Corporate rescue and liquidations in outline

Company Law ◽  
2020 ◽  
pp. 444-492
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

scholarly journals Atuação das organizações sociais na administração dos serviços de saúde: eficiência e seu instrumento de concretização do direito fundamental a saúde - Action of social organizations in the administration of health services

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses
Keyword(s):  
Social Services ◽  
Public Interest ◽  
Economic Sector ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Social Organizations ◽  
The Subject ◽  
Article 5 ◽  
Percentage Data

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>

The Importance of Planning and Politics

Suburb ◽  
2017 ◽  
Author(s):  
Royce Hanson
Keyword(s):  
Land Use ◽  
Land Use Planning ◽  
Public Interest ◽  
Political Leaders ◽  
Half Century ◽  
The Public ◽  
General Plan ◽  
Silver Spring ◽  
Political Economies ◽  
Traditional Land Use

This book concludes with a discussion of Montgomery County's contribution to understanding planning politics. Montgomery's experience highlights the complementary roles and reasoning processes of planners and politicians as they sought to act in the public interest. One of the most valuable lessons planners and political leaders can take from Montgomery's cases is the importance of persistence in land use policy. This is evident in the General Plan, the Agricultural Reserve, and Silver Spring. Furthermore, Montgomery shows that planning matters even if planning politics is hard. This conclusion argues that planning for the next half-century will require a fusion of traditional land use planning with a broader capacity for rethinking Montgomery's role in the metropolitan, state, national, and world political economies. It ends by speculating on the county's future.

Learning from a Century of Planning Politics

Suburb ◽  
2017 ◽  
Author(s):  
Royce Hanson
Keyword(s):  
Land Use ◽  
Public Interest ◽  
Montgomery County ◽  
Strategic Decisions ◽  
Development Patterns ◽  
The Public ◽  
Public Facilities ◽  
Land Use Policies ◽  
Stage Development ◽  
The Impact

This book examines the impact of planning politics on the public interest by focusing on the case of Montgomery County and its land use policy. In particular, it considers Montgomery's pioneering approach to inclusionary zoning, the Moderate-Priced Dwelling Unit Ordinance, in terms of its effect on development patterns and the character and cost of housing. Montgomery was among the earliest fast-growing suburbs to stage development concurrently with the provision of public facilities. Its land use policies were efforts by the county's planners and politicians to solve practical problems in the public interest. The book analyzes the chain of strategic decisions that transformed Montgomery County from a rural hinterland of Washington, D.C. into a socially diverse urbanizing county of a million people in Maryland. This introduction provides an overview of the growth of suburbs and its implications for neighborhoods and residents, Montgomery County's suburbanization, and the organization of the book.

20. Mergers (1): introduction

2021 ◽  
pp. 852-870
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Rapid Development ◽  
Merger Control ◽  
Digital Platforms ◽  
The Public ◽  
Foreign Acquisition ◽  
The Subject ◽  
National Governments ◽  
Key Industries ◽  
The Eu

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.

Professional Conduct and Practice

1973 ◽  
Vol 99 (2) ◽  
pp. 107-130
Author(s):  
H. F. Purchase
Keyword(s):  
Public Interest ◽  
Professional Services ◽  
General Effect ◽  
Professional Conduct ◽  
The Public ◽  
General Line ◽  
The Subject ◽  
Professional Guidance

The Council of the Institute has for some time thought it would be advisable that members should have the opportunity of discussing the difficult problems of professional conduct and practice at a sessional meeting, particularly since the report on the subject by the Monopolies Commission (A report on the general effect on the public interest of certain restrictive practices so far as they prevail in relation to the supply of professional services. Cmnd. 4463). Hence this present paper.Although the paper has been written by the present Chairman of the Institute's Professional Guidance Committee, and the main arguments are in general line with the views of that committee and of Council, the emphasis given to various points and the views on the detailed contents must be regarded as personal to the author.

10. Privacy, access and exclusion

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Land Rights ◽  
Legal Concept ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
English Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the legal concept of trespass upon land and describes the most common forms of licence known to English law, which include bare licences, contractual licenses, and licenses coupled with an equity or the grant of an interest. It concludes with a review of various other entitlements to enter another's land – rights which are exercisable by anyone merely by virtue of the fact that he or she is a member of the public (or of a section of the public).

3. Freehold ownership

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Land Use ◽  
Common Law ◽  
Land Law ◽  
The Core ◽  
The Subject ◽  
New Form ◽  
Primary Form ◽  
Estate Ownership

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The primary form of ownership in modern land law is freehold ownership – ownership of an estate in ‘fee simple’. This chapter discusses the following: the ways in which various kinds of fee simple estate may be created, transferred, and terminated; the new form of estate ownership – freehold ownership of ‘commonhold land’ – introduced by the Commonhold and Leasehold Reform Act 2002; and the rules (both at common law and in equity) under which covenants relating to land use may be enforced between owners of freehold estates.

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