9. Employers’ liability and vicarious liability

This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.

The Inclusion of Sexual Orientation and Gender Identity in Relationships Education

All primary schools in England are under a statutory requirement to provide ‘relationships education’, which includes ‘lgbt content’. The inclusion of content relating to sexual orientation and gender identity has attracted faith-based opposition. Such opposition, which is based on assertions about relationships education interfering with the right of parents to ensure that the education of their children is in conformity with their religious convictions, is likely to lead to legal action in the English courts and perhaps the European Court of Human Rights. This article anticipates the claims that would be made in any such legal action and critically interrogates them through the lens of the European Convention on Human Rights.

Implementation and Performance of MGNREGA in Jammu and Kashmir A Decadal Study

Background: The MGNREGA was notified by Ministry of Rural Development, Government of India in September, 2005. The Act provides legal guarantee of at least one hundred days of wage-employment to a rural household, whose adult members volunteer to do unskilled manual work in a financial year. The Act encompasses all areas concerning registration, plan formulation, implementation, timely payment of wages, grievance redressal mechanism, right to information, rendering of accounts, periodical meetings for fulfilling statutory requirement of providing 100 days guaranteed employment to rural households who volunteer to do unskilled manual labour. Methods: The present research is based on the secondary sources of data and empirical analysis of the data is conducted by using some basic statistical tools like percentage and graphs analysis of various variables in the study.Result: Since the implementation of MGNREGA, the number of households issued job cards increased from 4.97 lakh in 2008-09 to 12.53 lakh in 2017-18, thus showing a significant increase. The number of households who demanded employment and the level of employment in the State has also shown an upward trend and the number of person days of employment generated has increased from 32.3 to 84.61 lakhs and the total person days of employment provided the share of SCs STs and others has also been increased from 1.7, 7.5 and 23.05 to 4.09, 17.27 and 63.25 lakhs respectively. Although the share of employment of SCs, STs and women in the total employment has shown an increasing trend through-out the reference period but there is a large number of SCs and STs who have not yet got registered under MGNREGA and the increase in women participation is still far below the 33% share as enshrined in the guidelines of the Act.

Operator Reviews Decommissioning Options for Deepwater Flowlines and Risers

This article, written by JPT Technology Editor Chris Carpenter, contains highlights of paper OTC 30397, “Deepwater Flowlines and Risers Decommissioning,” by Azam Syah Jaafar, Ahmad Taqiyuddin Obaidellah, and Khairul Anuar Karim, Petronas, prepared for the 2020 Offshore Technology Conference Asia, originally scheduled to be held in Kuala Lumpur, 2–6 November. The paper has not been peer reviewed. Copyright 2020 Offshore Technology Conference. Reproduced by permission. The complete paper reviews an operator’s deepwater field project offshore Mauritania, for which several techniques were considered with respect to decommissioning a subsea pipeline system at water depths of 700 to 960 m. Options included preservation for potential future use, leaving in situ, and full recovery. The paper covers only the operator’s deepwater subsea flowline and riser decommissioning experiences and reviews activities from planning and concept to operational activities such as pigging, flushing, cleaning, disconnection, and retrieval. Case Study The operator’s deepwater field is 80 km from the Mauritanian coastline. It has been in production since 2006 but has become uneconomical. The operator decided to cease production and subsequently conducted a field abandonment and decommissioning (A&D) study. The field was developed using subsea wells, manifolds, umbilicals, flexible flowlines, and flexible risers tied back to a permanently moored floating production, storage, and offloading (FPSO) vessel at a depth of approximately 800 m. The FPSO was moored by an external turret connected to three clusters of mooring lines attached to piles in the seabed. All subsea wells were connected to the FPSO by five flexible pipeline systems (including dynamic flexible risers) and one umbilical system. All flexible pipeline systems were meant for the transportation of production fluids, water injection, gas injection, and gas-lift services. Because the FPSO is a turret-moored type, in which the turret is externally positioned at the FPSO’s bow, all flexible risers were designed to decouple the load and motion at hangoff from touch-down point with a lazy-wave configuration. The lazy-wave configuration was obtained by clamping sets of buoyancy modules on the risers. The execution of abandonment and decommissioning work has been divided into two main scopes: restoration of well integrity by installation of deep and shallow set plugs and FPSO disconnection and demobilization, which covers subsea facilities, risers, umbilical and flowline flushing and cleaning, topside process plant flushing and cleaning, pipeline systems and mooring-lines disconnection and retrieval, and FPSO sailaway. A plan for disposal of all resulting waste also was incorporated. Guidelines, Rules, and Regulations No universal statutory requirement, standard, or recommended practice existed to fully address pipeline decommissioning. Nevertheless, countries with more-established offshore industries (e.g., Norway, United Kingdom, US) have developed local legislation and practices that have been implemented in these respective jurisdictions.

Developing independent learners

Box Hill School is an independent school in Surrey, England. In 2008 the English curriculum was abandonedin favour of the International Baccalaureate Diploma (IBD). A library is a statutory requirement of theInternational Baccalaureate Organisation (IBO) endorsement who also recommend this be managed by aqualified teacher-librarian. In May 2008, I was employed to create a library and develop independentlearning throughout the school. This paper considers the rationale behind the physical design. It outlines theimplementation of independent learning in an international school community where no infrastructure topromote this style of teaching and learning previously existed.

The legal status of human biological material used for research

Whether human biological material (‘HBM’) in the research context is susceptible of ownership is contested, yet under-investigated. This situation leads to legal uncertainty for local scientists and their international collaborators. This article presents a comprehensive analysis of the topic — investigating both common law and statutory law — and concludes that HBM in the research context is indeed susceptible of ownership. First, since the common law is dynamic, it should recognise the reality that HBM has become useful in the research context and should therefore treat HBM in this context as susceptible of being owned. This aligns with the general trend in comparative foreign case law. Secondly, since relevant statutes consistently use the legal-technical term ‘donation’ to denote a situation where HBM is provided by a research participant to a research institution for the purposes of research, the transfer of ownership in the donated HBM from the research participant to the research institution is a statutory requirement. This necessarily implies that HBM in the research context is indeed susceptible of ownership and, moreover, that HBM in the research context is owned by research institutions and not research participants.

Fraud Governance and Good Practices Against Fraud

Corporate governance standards allow corporate actions to be in accordance with law. In recent years, allegations of corporate misconduct have raised questions about the prevailing norm of conformity. This chapter discusses the effect of law on corporate activity by comparing the provisions of law with the actual conduct of business in the market. In particular, it explores how such legislation causes a greater commitment of corporate entities to legal enforcement than others. The inference drawn is that the existing rule—an ambiguous common law or statutory requirement—usually has to do with corporate conduct that evades the requirement or underlying intent of the law or ignores it. In its fraud policy and fraud response plan, the strategy of a company to deal with fraud should be explicitly defined.

THE ESTABLISHMENT OF THE SHARĪᶜAH ADVISORY COUNCIL OF CENTRAL BANK OF MALAYSIA: SPECIAL REFERENCE TO SECTION 51 OF CENTRAL BANK OF MALAYSIA ACT 2009 (ACT 701)

Sharīᶜah Advisory Council which established under the aegis of the Central Bank of Malaysia (CBM), is designated as the highest authoritative body for the ascertainment of Sharīᶜah ruling in the matters of Islamic financial business. This apex advisory council is currently regulated by the Central Bank of Malaysia Act 2009. Hence the establishment of this council is pursuant to the statutory requirement. This article seeks to analyse the statutory requirement of Section 51 pertaining to the establishment of the Sharīᶜah Advisory Council of Central Bank of Malaysia. This is doctrinal legal research with the qualitative method. The primary data of statutory provisions were scrutinized by using the method of content analysis. The study found that there are several deficiencies of the provision in dealing with the establishment of Sharīᶜah Advisory Council pertaining to the legal interpretation, the legal basis for the establishment of Sharīᶜah Advisory Council, the procedures to be adopted and the position of the Sharīᶜah Advisory Council within Central Bank of Malaysia’s Organization Structure. Finally, the article suggests several amendments be made by respective authorities in order to strengthen the legal aspect of the establishment of Sharīᶜah Advisory Council of Central Bank of Malaysia.

Local Citizen Initiatives in Poland: The Disparity in Signature Requirements

In the social sciences, the attention is drawn to the relationship between instruments of direct democracy and signature requirement, because the latter may block the activity of citizens. Therefore, this paper focuses on signature requirements of local citizen’ initiatives (LCI), which is also analyzed from the perspective of the principle of equality. We identify: the legal threshold of support (LTS) and the actual threshold of support (ATS). The legal threshold is construed as the statutory requirement of support (quantified or specified as a percentage), whereas the actual threshold of support is the quotient of the number of signatures required and the total number of residents in a given district. With respect to the LCI, a district is an area of a municipality, poviat and voivodship. The ATS is an indicator used by us to study the principle of equality.

RSHE: Delivering an inclusive curriculum for SEND learners

Relationships, sex and health education is a statutory requirement from this month. Rachael Baker looks at what we must do to ensure our curriculum is inclusive for SEND learners and offers some resources, advice and ideas