Legislative Drafting Guidelines | Legislative Drafting Guidelines | Amendments (35-44)

Guideline 44

References to amended provisions must be considered.

44.1. If a provision is amended, to which another provision makes a reference, the consequences for the latter provision must be considered.

Example A

If section 2 of the Education Act defines the term “university” in a particular way,  and the intent is to change or delete that definition, you should determine whether there are other provisions (in the Education Act or in other Acts) that rely upon that definition and consider how the change would affect them.  If the change to section 2 of the Education Act would have unintended consequences on the provision, you should identify what modifications, if any, need to be made.

44.2. If the amendment is also intended to apply to the provision making the reference, nothing need be done in the case of a dynamic reference. On the contrary, in case of a static reference, the provision making the reference should be modified, in order to specify that it refers to the new version of the amended text.

Example A

Assume that the list of the mandatory vaccinations in Schedule I to the Children Health Act is modified on 1 January 2008 to cancel smallpox from the list.
Assume also that section 1 of the School Act establishes that parents have the obligation to ensure that their children are subject to all mandatory obligations according to Schedule I of Children Health Act, before entering primary school (this being a dynamic reference). Then smallpox vaccination will no longer be required by section 1 of the School Act after being cancelled from Schedule I to the Children Health Act.

Assume on the contrary that section 1 of the School Act establishes that parents have the obligation to ensure that their children are subject to all vaccinations in Schedule I of the Children Health Act, in the version of 1 January 1990 (a static reference, which only concerns the text of the Children Health Act on 1 January 1990). Then cancelling smallpox from the schedule to the Children Health Act will not be sufficient to exempt parents from the obligation that children are subject to the smallpox vaccination according to the School Act. For this purpose it will be necessary to modify the School Act, by cancelling the words  “in the version of 1 January 1990” (making the reference dynamic) or by substituting them with “in the version of 1 January 2008”.

 
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