Hunter V Student Awards Agency For Scotland

“Some lawyers have been attracted to the argument that the union legislation placed constraints on the power of the UK Parliament to legislate, and that the UK Parliament might be unable to alter at least its most important terms. While there are powerful arguments against this view, - it continues to have its supporters. It famously received some judicial support from Lord Cooper in MacCormick v Lord Advocate, and has been referred to in several subsequent cases. However, there has been no case in which a Scottish court has questioned the validity of an Act of Parliament on these grounds. Indeed, whether an Act of the UK Parliament is compatible with the union legislation was treated as, in principle, a non-justiciable issue in MacCormick. However, supporters of the argument have taken comfort from the fact that in MacCormick, Gibson and Pringle Scottish judges reserved their opinion on what would be the case if legislation purported to amend 'fundamental provisions', for example, by abolishing the Church of Scotland or the Court of Session, or by replacing the Scottish system of private law with English

| Section 175 of the Education Act 2002 requires local education authorities and governing bodies of maintained schools and FE colleges to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children.All children deserve the opportunity to achieve their full potential.  The five outcomes that are key to children’s and young people’s wellbeing are: * Stay safe * Be healthy * Enjoy and achieve * Make a positive contribution * Achieve economic wellbeing The school should give effect to their duty to safeguard and promote the welfare of their pupils (students under the age of 18 years of age) under the Education Act 2002 and , where appropriate, under the Children Act 1989 by: * Creating and maintaining a safe learning environment for children and young people. * Identifying where there are child welfare concerns and taking action to address them in partnership with other

| The Equality Act 2010 brought together existing regulations that already gave protection against ageism and other forms of discrimination, and extended them.  Since October 2010 this has been the main law relating to age discrimination, protecting you against ageism in employment, education and training.The law maintains your right not to be disadvantaged or treated badly at work because of your age.

Age discrimination legislation therefore applies effectively to everyone who is applying for work and who is

This was the name of the green paper produced in response to the Laming inquiry into the death of Victoria Climbié in 2000. It went on to form the basis of the 2004 Children’s Act. The paper lists five outcomes which were identified in consultation with children and young people:

Authority of the House of Commons (2010) House of Commons: Children, schools and families committee: Sure Start Children’s Centre. Fifth Report of session 2009-10. Volume 1. London: The Stationery Office Limited.

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

In this case the Petitioner was a mature student who challenged her refusal of a student loan and asks for a Judicial Review against the decision of the Student Awards Agency for Scotland (“SAAS”).MS Elizabeth Hunter (56) was refused a student loan on the grounds of the age limit which was set (55) years under Regulations of 2007 (“2007 Regulations”) reg.3 (2) (b) (ii) . Which says “aged 50 or over and under the age of 55 on that day and Scottish Ministers are satisfied that person intends to enter employment after completion of the course”. MS Hunter petitioned for judicial review that the regulations were incompatible and discriminating against the right of over 55-year-old students. The ECHR article 14 read with protocol 1 article 2 which was ultra vires of the Scottish Ministers and fell to be reduced. The decision made by the “SAAS” under the regulations 2007 was therefore also ultra vires and fell to be reduced. The Scottish Ministers had failed to protect over 55-year-old students’ rights under the duty (“PSED”) imposed by the Equality Act 2010 s 149. Section 149 (7) of the Equality Act 2010 protects the rights of people under “Protected Characteristics” where this section covers some sort of people such as age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex and sexual orientation are protected; no one can discriminate under these situations.

On September 14th, 2014, the people of Scotland had the chance ‘of a lifetime’ to vote on whether they wanted Scotland to be an independent country or to stay part of the United Kingdom. As the ballot papers were being counted, thousands stayed up late waiting nervously to see the outcome. The Scots voted against being separated from the union and soon after it caused riots in Glasgow’s city center. To this day, Scotland hasn’t been the same, and the once friendly nation is now split into unionists and nationalists. Even though the majority vote was no to independence, still the people of Scotland and its party leaders are hoping for another shot at independence. So the question is, did the people make the right choice, or would Scotland be a more prosperous nation by standing alone? Scotland should be given the chance to function on its own without the influence of other countries. With an independent Scotland’s wealth and if it is controlled by the right political party. It has great potential that could benefit the Scottish people massively.

Within the United Kingdom, a recurring issue has been raised regarding the political position of Scotland and how the Scottish Parliament could better govern the country. To establish whether the quality of life could be improved for the Scottish people, key events, devolution, and the Scottish Parliament must be evaluated and analysed. The argument for greater power in decision making and the ability to implement change for the citizens of Scotland, has been central to Scottish politics for some time.

Employment Equality (Age) Regulations 2006- This says it is unlawful for an employer or potential employer to discriminate against you at work because of your age. The Residential Care and Nursing Homes Regulations 2002. This protects the rights of people living in care homes.

financial implication. Rehearing should happen sooner, wishing to leave for Australia and resolve every polite issue. Why studylink wishes to question every consequence when I am not a specialist or legal advisor neither accountable nor of reason. When the advantage comes through, one is capable to send the documentation, which as disclosed have not been arbitrated. Presently studylink must be understanding that one does not manage the tribunal court nor direct the post office otherwise unable to disclose information they are not authorized or familiar toward.

Under Art. 267, only ‘court or tribunal’ of a member state may initiate preliminary reference to the ECJ, however through succeeding case law this has been expanded by allowing entities whose members may not be judges, ‘provided that those entities have the power to adjudicate disputes’12. This concept of a court or tribunal has been interpreted widely as it is a matter of union law13. The Advocate-General in De Coster14 criticised the court’s approach and criteria to the interpretation as he deemed it confusing. The court in this instance accepted the reference, as ‘it was a permanent body established in law, that it gives legal rulings and that the jurisdiction is compulsory’15. The court in further cases has treated tribunals as not only tax appeal like in the case above but also; customs, social security and immigration.

Ms. Förster brought an action before Alkmaar District Court. That action was held to be unfounded on two grounds. First, Ms. Förster could no longer be regarded as a worker since she had not had any real and genuine employment during that time period. Second, Ms. Förster could not claim entitlement to a maintenance grant because she had not been integrated into Dutch society. Ms. Förster appealed against that judgement before the Centrale Raad van Beroep. She claimed that she was already sufficiently integrated into Dutch society to be able to claim a maintenance grant. In the alternative, she submitted that she

Is Council Directive 2000/78/EC (1 ) to be interpreted as meaning that the prohibition on all forms of discrimination on grounds of age precludes national rules from upholding a collective agreement between an airline company and the trade organisation representing that company’s pilots which provides for compulsory retirement at 60 years of age, when that agreement provision, which applied also before the entry into force of the Council Directive and before the entry into force of the national implementing legislation, has as its purpose the protection of aviation safety on the basis of a general consideration of reduced performance ability with age, without a specific assessment of the individual pilot’s performance ability, but such