Legislative Drafting Guidelines | Legislative Drafting Guidelines | Modifications (29-34)
Modifications (29-34) Guideline 30

Guideline 29

Particular care should be used for drafting provisions affecting other provisions. The drafter should identify clearly the result to be produced on the other provisions and choose consequently the correct linguistic expression and legislative technique.

29.1. A provision can affect different aspects of other provisions:
  • their content,
  • their times of force or efficacy,
  • their legal-value or status.

Example A

Affecting content:
Section 2 of the Driving Age Act is amended by striking “18 years old” and inserting “16 years old”.

Example B

Affecting time of efficacy:
Section 2 of the Driving Age Act will enter into effect on 1 January 2010.

Example C

Affecting legal value or status:
Schedule 2 to the Traffic Act can be modified by regulations of the Ministry of Transportation.
29.2. Each provision meant to affect another provision should unambiguously specify both the affected provision (by indicating its reference) and the operation performed upon it. When a provision is meant to govern the times of force/efficacy, the corresponding dates must also be clearly indicated.

Example A

You should not write:
Provision regulating driving age shall be modified according to this Act.

You should rather write:
Section 1 of the Driving Age Act is substituted with the following …
Section 2 of the Driving Age Act is amended by striking …
 
Modifications (29-34) Guideline 30
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