Due regard means the regard that is appropriate in all the circumstances. In the case of controversial matters such as service closures or reductions, considerable thought will need to be given the equalities aspects.
Due regard means that authorities should give due weight to the need to promote disability equality in proportion to its relevance.
Due regard. For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Xxxx and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest.
Examples of Due regard in a sentence
Due regard has been given to the draft Local Planning Policy1.3 - Sustainable Development (LPP 1.3) as required by planning legislation.
More Definitions of Due regard
Due regard is a legal requirement and means that the decision makers of the CCG have to give advanced consideration (consider the equality implications of a proposal before a decision has been made) to issues of ‘equality and discrimination’ before making any commissioning decision or policy that may affect or impact on people who share protected characteristics. It is vitally important to consider equality implications as an integral part of the work and activities that the CCG does, particularly during these difficult and challenging times.
Due regard means a substantial, rigorous and open-minded consideration of the duty when developing or formulating policy, decisions, or service delivery arrangements (including contract specifications and funding agreement). “Due regard” requires analysis of relevant materials (including the outcomes of consultation and needs assessments).
Due regard means that a public body must give weight to the duties outlined above in proportion to its relevance when discharging their functions. As shown in recent case law2 this must be done in a conscious way with focus on the specific requirements of the legislation. However, 'due regard' does not mean that a change needs to be made but that appropriate weight needs to be given. Other issues, such as viability or the need to deliver development for economic or regeneration purposes may outweigh the equality considerations. In these cases the reasons should be robust and transparent. It is clear that this Equality Impact Assessment and the changes that result from it will be an important part of the preparation and decision to adopt the Aligned Core Strategies as part of the development plan for the local authorities involved.
Due regard to guidance means that the person under the duty is not free to disregard it but is required to follow it unless there are cogent reasons for not doing so. (‘Cogent’ for this purpose means clear, logical and convincing.) Failure by clergy to comply with the duty imposed by the 2016 Measure may result in disciplinary action.
Due regard means that when making decisions (and in its other day to day activities) the University must consciously consider the need to: eliminate discrimination, advance equality of opportunity, and foster good relations. This includes when the University plans and makes decisions about its procurement. It is therefore good practice for the University to keep an accurate record showing that it has actually considered the duty. Proper record keeping encourages transparency and if records are not kept it will make it more difficult to persuade a court that the duty has been met (in the case of any challenge).
Due regard means that the Council must make changes to its policies and services according to how relevant that policy or service is to disabled people: it is more important that issues are addressed for a service or policy that has a significant impact on disabled people. To meet its duties under the DDA 2005 the Council must consider in detail any adjustments that need to be made to policies and services, even if that means treating disabled people more favourably than others.