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

Guideline 34

Any Act or provision rendered inapplicable, superfluous, or redundant by virtue of a new Act should be expressly repealed.

34.1.	If the new Act makes an existing Act permanently inapplicable, then the existing Act should be expressly repealed for the sake of legal certainty. An Act may be no longer applicable not only when it is directly incompatible with the new provisions, but also when its application domain is completely covered by the new Act.
	Example: If the new “Data Protection Code” is meant to govern all the area of data protection, including data protection in health care and in the judiciary, previously governed by the “Act on the Protection of Medical Data” and the “Act on the protection of judicial data”, the new Code should explicitly repeal both previous Acts.
34.2.	The express repeal of certain provisions of an Act means that the other provisions of that Act are not implicitly repealed. This reduces the risk that the latter provisions will be considered to be implicitly repealed.
	Example A You should not write: Section 1 of the Traffic Act as well as the other provisions incompatible with the needs of modern traffic are abrogated. You should rather write: Sections 1, 3, and 7 of the Traffic Act are abrogated.