Legislative Drafting Guidelines | Legislative Drafting Guidelines | Norms Over Time (45-48)

Guideline 48

Provisions providing dates, time-limits, exceptions, derogations and extensions, transitional provisions (in particular those relating to the effects of the Act on the existing law) and final provisions (entry into force - deadlines and temporal application of the Act) should be drafted in precise terms.

Example A:

1. The beginning of a period may be expressed as follows:
from ... [to] ...

2. Entry into force may be expressed as follows:
shall enter into force on ...

3. The beginning period of efficacy may be expressed as follows:

  • with effect from ...
  • shall take effect on ...
  • shall have effect from ...

Example B:

1. The end of a period may be expressed as follows:

  • until ...
  • … at the latest
  • from …] to ...

2. The end of being in force may be expressed as follows:

  • shall expire on...

3. The ending period of efficacy may be expressed as follows:

  • shall cease to apply on ...
  • shall apply until the entry into force of ..., or …, whichever is the earlier.
48.1. In the absence of express indications to the contrary, a temporal period begins at time 00:00 hours on the date indicated, and a temporal period ends at midnight on the date indicated.

Example A:

According to the following provision
“The present Act shall enter into force on 10 September 2009”
the Act shall start being in force at time 00:00 on 10 September 2009

Example B:

According to the following provision
“The present Act shall expire into force on 10 September 2010”
the Act shall cease being in force at midnight of 10 September 2009

48.2 Provisions for deadlines for implementation Acts should specify a precise date or a period after publication.

Example A

The Ministry of Health shall issue regulation for the implementation of this Act within 30 December 2011

Example B
The Ministry of Health shall issue regulation for the implementation of this Act within 1 year from its publication.

 
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