Statutory Obligations Research Articles

Size-selective fishing of Palaemon serratus (Decapoda, Palaemonidae) in Wales, UK: implications of sexual dimorphism and reproductive biology for fisheries management and conservation

The common prawn (Palaemon serratus) supports a small-scale but economically important seasonal static-gear fishery in Cardigan Bay, Wales (UK). Due to a lack of statutory obligation and scientific evidence, the fishery has operated to date without any harvest-control rules that afford protection from overfishing. In response to fluctuations in landings and in pursuit of increased economic returns for their catch, some members of the fishing industry have adopted a size-selective harvesting regime, which we evaluate here using baseline data. Monthly samples were obtained from fishers operating out of five ports between October 2013 and May 2015 (N = 4233). All prawn were sexed, weighed and measured, whilst the fecundity of females was estimated for 273 (44%) individuals. Peak spawning occurred during the spring and females were estimated to undergo a ‘puberty moult’ at a carapace length (CL) of 7.7 mm, whilst functional maturity was estimated at a CL of 9.9 mm. The sampled population exhibited sexual dimorphism, with females attaining a greater size than males. The current harvesting regime results in a sex bias in landings as even large mature males remained under the recruitment size to the fishery, unlike the large mature females. The temporal trend in sex-ratio indicates a continual decrease in the catchability of female prawn through the fishing season; however, whether this is caused by depletion via fishing mortality or migratory behaviour is yet to be resolved. Here, we provide a comprehensive baseline evaluation of population biology and discuss the implications of our findings for fisheries management.

The ubiquitous influence of regulation on entrepreneurial action

Purpose– The purpose of this paper is to theorise, and demonstrate empirically, how regulation generates indirect impacts on small companies that arise through the medium of relationships with stakeholders whose actions affect them. Specifically, the paper explores how relations with stakeholders shape the process of small company adaptation to statutory financial reporting obligations.Design/methodology/approach– The analysis draws principally on qualitative interview data from small company preparers of abbreviated accounts and their accountants, but also uses survey data to demonstrate the prevalence of the account filing and advisory practices reported in interview.Findings– Small companies’ relations with accountants mediate the influence of financial reporting regulation by shaping how firms discover, interpret and adapt to their statutory obligations. Where accountants inform small companies of the option to file abbreviated accounts, or advise them to file such accounts, and clients act on that advice, then relations with accountants mediate the impact of regulation on that business. Accountants typically advise small company clients to file abbreviated accounts as the “default position”, one departed from only in very specific circumstances. Accountants are complicit, therefore, inadvertently or otherwise, in the production of the effects of clients’ filing decisions.Originality/value– The study expands the conception of how regulation contributes to entrepreneurial action by focusing on the indirect effects arising for small firms via their relations with the stakeholders with whom they interact. Regulatory regimes are a condition of all forms of entrepreneurial action and the ensuing performance outcomes. Regulation therefore exerts a ubiquitous influence on entrepreneurial action that is substantial, pervasive and enduring. Without reference to the necessary enabling functions of regulation, explanations of entrepreneurial processes remain incomplete.

Statutory compliance for providing reasonable adjustment to facilitate equal access to goods and services in tourist locations

Are all tourist-dependent businesses meeting their statutory obligations and taking full advantage of the economic value of the tourist budget? This paper identifies the economic impact of excluding disabled customers from goods and services offered at locations which are dependent upon tourist income. A small town that currently attracts tourists and looks to the development of its tourist income is proposed as a case study for assessing current accessibility for disabled people. From a baseline of a reasonable adjustment compliant retail unit, and using the standards for providing access contained within BS8300, this paper undertakes a series of simple access audits of businesses that would expect to attract tourist custom. This approach establishes if these businesses, and the town, are maximising all the potential tourist derived income, and complying with current statute, by providing equal access to disabled customers. The findings strongly indicate that this is not the case. With alternative venues offering a similar themed experience, a lack of accessible facilities is cited as a potential hinderance to the development of tourism income.

On the CPR's Tridentian Fig Leaf and the Commercial Court's Judicial Veil – Part I

In this first section of a two-part article the author expresses the opinion that the domestic (English) judicial system fails to acknowledge the Strasbourg court’s accepted opinion that, the right ‘ . . . to a fair [ . . ..] hearing . . .’, as per the right of access to Court, should be differentiated as between: (i) ‘physical’; and, (ii) ‘remedial’; access to the court. The second section will deal with two cases illustrating the points the author makes regarding access to the court. The first arises from a Spanish domicile (instructing on DPA terms), abattoir hygiene consultant’s claims for: (a) breach of his former company’s articles of association; and, (b) fraudulent misrepresentation, by his then English domiciled business partner. The second arises from a Paraguayan domiciled, international businessman’s claims for breach of a: (c) multi-jurisdictional crossborder credit transfer agreement; and, (d) company director’s personal guarantee, secured on two real property mortgages (in Brazil), as well as other UK based assets. A jurisprudence-based analysis of the potential justice deficit resulting from the judiciary’s seemingly automaton perceptions of their common law and statutory obligations under the Civil Procedure Act 1997 and the consequential Civil Procedure Rules. Accordingly, it is suggested that the premature applicability of (1) the CPR 3.4(2) Strikeout and CPR 24(2) Summary Judgment procedures, as well as (in the domestic litigation context), (2) the CPR 11(1) (including CPR PD 6B para. 3.1(6)) Challenge to Jurisdiction procedure, not only (a) fetter and wrongfully infringe the Respondent’s right to fully test the Applicant’s evidence contrary to Articles 6(1), 6(3) and 13 ECHR, as the astute Applicant acts before disclosure, but also (b) flouts the court’s and judiciary’s section 6(3)(a)-(b) Human Rights Act 1998 public authority duties, failing to note that they: ‘ . . . must consider all matters capable of having a bearing on that judgment, must act equitably as between [the parties], and must [find] accordingly.’ Thus, the court and judiciary acting as decision makers must not follow rules blindly: (i) irrespective of the weight of (I suggest misconstrued) precedent; and, (ii) in light of the degree of discretion purportedly given by Parliament.

Reasons, Reasonableness and Intelligible Justification in Judicial Review

Australian courts have not recognised a general obligation to give reasons for administrative decisions. This article considers two contexts in which the inadequacy of reasons may nonetheless give rise to legal consequences: first, where there is a breach of a statutory obligation to give reasons and, second, where deficiencies in justification are relevant to the application of the unreasonableness ground of review. The aim is to contribute to a clearer understanding of the ways in which the inadequacy of reasons may reveal or constitute reviewable errors. More broadly, the article considers how review of the adequacy of reasons fits within the conceptual framework of judicial review in Australia given the propensity for a procedural obligation to give reasons to invite analysis of the substance of reasons. A possible strategy to limit any slide from the review of ‘procedural’ reason-giving obligations into ‘substantive’ review is to distinguish ‘intelligible’ reasons and ‘persuasive’ reasons. The overall argument is that although the concept of intelligibility is being explored in the cases, even minimal intelligibility requirements will have substantive elements and, further, there is as yet little judicial guidance as to how any inquiry into the intelligibility of reasons can be quarantined from broader substantive questions about the persuasiveness of justifications.

Exploring factors underlying the attitude of community pharmacists to generic substitution: a nationwide study from Poland.

Background Generic uptake will increasingly be promoted by governments in the face of increasing healthcare costs and global economic uncertainties. Objective The purpose of this study was to investigate attitudes towards generic substitution among community pharmacists, with a focus on the perception of the efficacy, knowledge of the generics characteristics, as well as the willingness to recommend generic substitution. Setting Community pharmacies in Poland. Method The survey was conducted in 2013 by telephone interviews with 802 holders of an MSc degree in pharmacy working as community pharmacists. Stratified sampling was implemented to make the study representative in geographic terms. Main outcome measure Pharmacists’ attitudes towards generics drugs. Results The study showed that only 40 % of pharmacists always inform patients about their right to choose a generic substitute. It was also shown that the less time a pharmacist has been practising, the less likely they are to invite consumers to choose between generic and innovator products. The likelihood of informing was not affected by pharmacist’s sex or age, or by pharmacy location or status (chain vs. independent pharmacy) (p > 0.05). Pharmacists varied in their approach to their statutory obligation to inform about a generic; a more or less equal share of respondents were either in favour or against it. Approximately 60 % pharmacists were shown to be familiar with the definition of a generic medicine. Pharmacists with shorter time of practice proved to know more about generics. However, more than 30 % respondents failed to choose the correct statement on generic versus reference medicine dosage. The majority of respondents (67 %) believed there are no differences in efficacy between generics and innovator drugs, whereas 31 % claimed that original brands could be more effective. A significant correlation was demonstrated between the views of pharmacists on the therapeutic efficacy and their willingness to substitute for generics whenever permitted by a physician. Conclusion It is important to address all concerns pharmacists may have over generics, for example by implementing comprehensive awareness-raising campaigns. Also, pharmacotherapy monitoring systems (i.e. provided in a framework of pharmaceutical care) could be considered to identify any safety or quality concerns that may arise.Electronic supplementary materialThe online version of this article (doi:10.1007/s11096-015-0227-8) contains supplementary material, which is available to authorized users.

Comment on “Verkkokauppa.com”

A Finnish limited liability company had carried out its business activities partly through an Estonian limited liability company and evaded, as a result, the payment of private copying levies charged in Finland. Taking into consideration the relations of ownership and control between the two companies, the central ground and purpose for organising business activities in this form was to be regarded as the evasion of a statutory obligation. The Supreme Court of Finland found the practice of the Finnish company reprehensible to such a degree that it was justified to pierce the corporate veil and set aside the separateness of the Estonian company provided in limited liability company legislation, holding the former liable for compensation concerning the unpaid private copying levies vis-a-vis the plaintiff. This case note analyses the criteria set out by the Supreme Court for setting aside the guiding principle of separate assets and liabilities under limited liability company law if the form of a limited liability company has been abused.

Materiality in Franchise Disclosure: An Analysis of How “Material Facts” Have Been Interpreted Under Other Legislation

As the information imbalance inherent to the franchisor-franchisee relationship can put a franchise purchaser at a significant disadvantage in a transaction, several Canadian provinces have implemented legislation aimed at resolving this disparity. The legislation attempts to strike a balance between empowering potential purchasers in their decision-making process and unduly burdening franchisors with an obligation to produce all information available, regardless of utility. Integral to the determination of what must and need not be disclosed to a franchisee prospect is the concept of materiality, specifically the statutory obligation to disclose “material facts” and “material changes.” While materiality is inherently contextual and thus cannot be precisely defined, without further guidance from the courts, franchisors will continue to grapple with the extent of disclosure necessary to conduct sound business transactions.

Selected Aspects of Use IT in Waste Management

Information systems MRP, ERP or ERP II and is now the standard used in many enterprises. Many of these companies also has a statutory obligation to monitor and report information about the waste. For this purpose, they become extremely useful environmental information systems in the enterprise. These systems can lead to a measurable positive economic impact in the enterprise. In addition, legislation in Poland forced by the municipalities need to organize collection system and waste disposal. The introduction of the so-called junk reform enabled municipalities to enable the use of information systems to inform about the dates of the waste collection, including mobile technologies. The article presents the use of IT systems in managing the economy of municipal waste.

The response to whistleblowing by regulators: a practical perspective

The Public Interest Disclosure Act 1998 provides protection for whistleblowers; it does not place statutory obligations on regulators to act in response to whistleblowing concerns. Using Freedom of Information requests as a research methodology, this paper seeks to examine how whistleblowing is approached by regulators and what happens when a whistleblowing disclosure is made. Forty-eight national regulators in a variety of fields and 408 county, district and unitary local authorities with responsibility for the regulation of food were contacted. The paper begins by considering the importance of whistleblowing disclosures and how they are protected in PIDA. The examination of the law reveals that several organisations with important regulatory functions are not prescribed, and this has the potential to create inconsistencies in the protection of whistleblowers. The bulk of the paper examines the results of the Freedom of Information requests. By examining the results of these requests, it was possible to show that there are a number of inconsistencies in the way in which regulatory agencies handle concerns. Several changes to practice are suggested in order to ensure that the whistleblowers receive appropriate treatment and that the concerns that they express can be properly addressed.

Solution-driven approaches to generic substitution challenges - a survey among international experts.

The main objective of this study was to explore the perception and understanding of economic, legal, and social barriers that may restrain generic uptake among recognized international experts in health care, and to identify and verify recommendations on how to streamline generic substitution (GS) at no expense of therapeutic safety. A questionnaire survey was devised, and experts with world-renowned expertise in the field of generic medicinal products were selected. Almost 3/4 of respondents claimed that all drugs that satisfy bioequivalence criteria represent similar efficacy and adverse effects, and 1/4 of respondents believed that some differences could be reported. The majority of experts supported (i) the right of patients to refuse GS, (ii) the right of physicians to veto GS, and (iii) the introduction of a statutory obligation to provide patients with access to the cheapest generics available on the market. The main obstacles to more general uptake of generics were as follows: (i) perception of generics as lower quality products, (ii) absence of a transparent policy governing GS, and (iii) disincentives to pharmacists and physicians. Among the most popular recommendations were as follows: (i) introduction of various measures to aid physicians in generic prescribing, (ii) setting clear guidelines specifying when GS is not advisable, (iii) supporting competition on the generic market. The views of experts and the resulting recommendations were strongly affected by their opinion on the bioequivalence of generics. From this analysis, we have selected several principal recommendations which could help shape successful healthcare policies regarding GS.

Law Enforcement as Political Question

Across a range of contexts, federal courts have crafted doctrines that limit judicial second guessing of executive nonenforcement decisions. Key case law, however, carries important ambiguities of scope and rationale. In particular, key decisions have combined rationales rooted in executive prerogative with concerns about nonenforcement’s “unsuitability” for judicial resolution. With one nonenforcement initiative now before the Supreme Court and other related issues percolating in lower courts, this Article makes the case for the latter rationale. Judicial review of nonenforcement, on this account, involves a form of political question, in the sense of the “political question doctrine”: while executive officials hold a basic statutory and constitutional obligation to faithfully execute regulatory statutes, that obligation is subject to incomplete judicial enforcement because structural constitutional considerations place a gap between executive duties and judicial enforcement of those duties. What is more, the twin prongs of the modern political question doctrine — “textual assignment” and “judicial manageability” — usefully describe the gap between executive obligation and judicial power. Bringing enforcement suits and prosecutions in particular cases is a textually assigned function of the executive branch, while the broader executive task of setting priorities for enforcement frequently presents a judicially unmanageable inquiry.This reframing may account descriptively for much of the current doctrine but also carries important normative implications. Among other things, the framework clarifies that judicial decisions may not fully define executive obligations with respect to enforcement; it helps identify contexts in which judicial review may be appropriate, including with respect to current immigration programs before the Supreme Court and the controversial prosecutorial practice of entering “deferred prosecution agreements” in white-collar criminal cases; and it reinforces longstanding arguments for a more flexible doctrine of Article III standing.

Policy networks—A threat to procedural and expert-based decision making and the quality of public risk decisions?

This paper focuses on how risk management practices and decision making in a government agency are affected when a high-ranking policy network is activated during the planning process of a major road construction project. The policy network studied in this paper comprised Volvo, Ericsson, SAAB, the Gothenburg Municipal Executive Committee Chairman and the Swedish Transport Administration Director General, among others. The network worked to incorporate an experimental fifth lane on the E45 roadway. The experimental lane was presented as an investment that would create business opportunities – companies from around the world could use the E45 to test new car models, safety devices and technical and environmental measures. During the months before the experimental road lane project was terminated by the National Road Administration, road officials at the street level prepared two design plans, one with the experimental road lane and the other without the lane. The principal assignment for the officials was to initiate and make decisions on the basis of risk analysis. The four risk themes considered during the planning process were localization, road solution, publicity and legality.The experimental road lane case study demonstrates that policy networks (i.e., lobbying groups) operating within a network governance structure can negatively affect risk assessment and risk management. The groups can override procedural and expert-based decision making rules when they have access to public decision making powers at the appropriate level. In such situations, public officials responsible for risk management at the street level risk losing control and decision making power. The empirical findings stress the importance of taking measures that guarantee risk management in situations where the individuals responsible for risk management (i.e., public bureaucrats) lose authority and discretion. Deep knowledge of statutory and ethical obligations can endow officials with an enhanced ability to make high-quality public risk decisions and, thereby, advance critical infrastructure protection efforts. The study presented in this paper was inspired by network governance, implementation and decision making theories; the empirical data was collected through passive participatory observations and from interviews and relevant documents.

Language schemes – a useful policy tool for language planning?

The Irish language is recognised in Bunreacht na hÉireann [The Constitution of Ireland] as the national and first official language, and provisions to support the language are to found in c.120 specific enactments in Irish legislation. In 2007, the Irish language was designated as an official working language of the European Union. In 2003, the Irish Government enacted the Official Languages Act to ensure better availability and a higher standard of public services through Irish. This was to be principally achieved by placing a statutory obligation on public bodies to make specific provision for the delivery of such services in a coherent and agreed way. This obligation is known as a ‘language scheme’. This paper critically reviews the language schemes as a vehicle for service delivery based on the evidence over 10 years of the operation of the Act. The paper also refers to a lesser degree to other analogous cases, most notably Scotland and Wales. As the Office of the Language Commissioner is charged with ensuring that the schemes are implemented, the paper will review the data provided by the Language Commissioner in 10 annual reports and other publications. The final section of the paper presents a view based on the data as to the strengths and weaknesses of language schemes as instruments for language planning.

Does the presence of member assemblies in grant-giving foundations affect levels of stakeholder engagement in mission reporting? Evidence from Italian banking foundations

Stakeholders play a fundamental role in the governance systems of non-profit organisations. Their participation in decision-making processes - especially within governing bodies and in terms of mission reporting - is an essential element for effective and coherent organisation management. The present study carries out empirical research into Italian banking foundations (IBFs), a particular kind of grant-giving foundation with specific statutory obligations towards their stakeholders, including local communities and the beneficiaries of contributions. These types of foundations are unique, featuring characteristics that could contribute to a better understanding of the role played by governing bodies among third-sector organisations in creating a system of stakeholder engagement, participation, and dialogue. Using content analysis, we studied the Annual Reports and statutes of 88 IBFs in order to verify whether the presence of a member assembly in this particular type of grant-giving foundation affects the degree of stakeholder engagement in mission reporting. The results of our study reveal a greater presence of stakeholder engagement policies and practices among foundations with member assemblies, as well as a tendency towards stakeholder management in foundations without this type of governing body.

The Restructuring of the Nigerian Economy and the Nigerian Oil Sector Earnings Nexus

Nigeria is endowed with abundant natural resources of which petroleum resources play a dominant role in the economy. These resources can be effectively harnessed and managed for the benefit of all Nigerians. Petroleum Profit Tax is a major source of revenue for the Federal Government of Nigeria to meet its statutory obligations of ensuring the economic development of Nigeria. In order to make the business environment conducive for new investments, the government began to invest the new found oil wealth in socio-economic infrastructure in the urban areas. The relative attractiveness of the urban areas made many able-bodied Nigerians to migrate from the hinterland, abandoning their farmlands for the cities and hoping to partake in the growing and prosperous (oil-driven) urban economy. This created social problems of congestion, pollution, unemployment and crimes.In the light of this study, the objective is to assess the impact of crude oil earnings and its significance in shifting the structure of the Nigerian economy. The scope of the study is limited to only the oil sector and its significance in the shifting of Nigerian economy using the 1994 to 2012 data set. The OLS (Ordinary Least Square) multiple regression analysis was used with the aid of E-Views to examine the relationship between petroleum profit tax and Nigerian economic growth from 1994 to 2012,using the gross domestic product (GDP), Petroleum Profit Tax (PPT), Inflation (INF) and Exchange rate (EXCH) as variables. Unit root tests were carried out to evaluate the time series properties of these variables and Co-integration test was carried out to check for the existence of a long-run relationship between the variables. Empirical results obtained showed that there is positive impact on GDP by petroleum profit tax. However, the impact on GDP is low (about 14%) relative to other productive sectors such as Agriculture. Unit root test results reveal the presence of stationarity among the variables at 5% and the co-integration test shows the existence of a long-run relationship. It is recommended that Government should transparently and judiciously account for the revenue it generates through PPT by investing in other productive sectors such as the industrial and agricultural sectors as well as in the provision of infrastructural facilities. The government should also attend to the issues of tax avoidance and evasion by exploration and production companies, and should begin to provide high quality public goods to boost the morale of tax payers.

I medici sentinella per una efficace sorveglianza ambientale e sanitaria

[Sentinel general practitioner as a key element for an effective environmental health surveillance] The concepts of Epidemiological Surveillance and Environmental Public Health (EPHT) are outlined. In addition to the clues of their importance in different settings, it is claimed their usefulness in view of a sustainable, healthy and competitive society where environment and health are pillars of wellbeing and productivity, especially in a time of socio-economic and even cultural crisis. Public-health decision makers can use this timely, accurate and systematic data to inform and draft policies that reduce environmental health burdens and prevent disease efficiently and cost-effectively. Indeed tracking can also support the response to increasing community concern about point sources of pollution (e.g. incinerators and landfill sites) and also contributes to the statutory obligations of several member states around environment and health surveillance. Surveillance systems might enhance collaboration among public health and environmental agencies, health-care providers, information-system professionals, academic investigators, and industry. However, surveillance does not substitute direct physician reporting of unusual or suspect cases of public health importance. As matter of fact many experiences of Sentinel General Practitioner have been carried all around the world, and also in Italy some relevant experiences have proven the importance of the information, competencies and prestige also in the field of Environmental-Health which General Practitioners are universally reputed to hold. Some proposal are provided to settle a National network of Environmental Health Sentinel Practitioner.

Statutory obligations for banks to comply with the anti-money laundering legislation in Malaysia: Lessons from the United Kingdom

As a result of the existence of the ‘Forty Recommendations’, all countries are expected to have anti-money laundering and anti-terrorism financing legislation and regulations. Because most national legislation came into being due to the existence of the Recommendations, the laws of all countries ought to be in pari materia with each other. To illustrate this fact, this article will compare United Kingdom and Malaysia legislation and regulation and how they match each other. The focus is on banks because although money launderers use many methods to clean their dirty money, the banking system is still a popular way to launder money. The article will look at Part 4 of the Malaysian Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) and its UK equivalent. It can be seen that despite banks being subject to regulation for at least 20 years, banks in countries such as the United Kingdom are still being given huge fines for not having adequate anti-money laundering procedures.

All about… inclusion: an essential guide

An equal opportunities policy is no longer a statutory obligation, but ensuring that everyone gets a fair chance is central to good practice. Babette Brown and Vicky Hutchin explain how PHOTOGRAPHS AT ALEXANDRA NURSERY SCHOOL AND CHILDREN'S CENTRE, BOLTON, BY GUZELIAN

Old Wine in a New Bottle: Ideological and Operational Linkages Between Maitatsine and Boko Haram Revolts in Nigeria

ABSTRACTIn recent years, local and foreign analysts have made tremendous efforts in trying to come to grips with the Boko Haram insurgency that has undermined northern Nigeria in both human and material terms. While some commentators trace the source of violent insecurity in the region to the zero-sum ethnoregional struggle over political power and public goods in the Nigerian federation, especially the alleged opposition to the Goodluck Jonathan presidency, a great number of people blame the insurgency on the jihadist onslaught against open society and secular ideology. Besides pointing out the shortcomings of these mainstream analytical perspectives, this article demonstrates how the inability of the state to effectively discharge many of its statutory obligations fuels disenchantment and engenders anti-state violence from below. Juxtaposing the current Boko Haram insurgency and the Maitatsine revolt of the 1980s, which share commonalities in both ideological and operational terms, the article shows that violent insecurity in much of northern Nigeria is not a “new war” between ethnoreligious groups per se but more of an outcome of governance and development deficits that have trapped the masses in affliction while a handful of governing elite live in affluence.