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

Guideline 42

An amendment to an annex should be made in the annexes of the amending Act.

42.1. An amendment to an annex containing technical information should be made in an annex to the amending Act, except when the amendment is minor.

Example A

If you want to make many modifications to  the list of prohibited drugs in the Crimes Act, you should not include in the sections of the amending Act the statement of all modifications.
You should rather state the modifications in a schedule, or alternatively provide in a  schedule a new list of prohibited drugs aimed to substitute the pre-existing one. A section of the amending Act should refer to the schedule. For instance you may say:
“Schedule I  to the Crimes Act  is amended in accordance with Schedule I to this Act.”

42.2. In some legal systems, an annex to the amending Act includes an amendment table summarising all amendments effected by the Act. The amendment table must not introduce new amendments not included in the basic-units, since it is just a tool for the reader, without any normative effect.

Example A

In the title of the Amendment Table annexed to the “Amendment to the School Act of 1973) you may write:
Amendment table
(summary with no normative effect)

Amendment table

(summary with no normative effect of the Amendments brought about by the Amendment 2009 to the School Act)

Provisions before the amended (before 1 December 2009)

Amended provisions (after 1 December 2009)

 
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