Legislative Drafting Guidelines | Legislative Drafting Guidelines | Norms Over Time (45-48)
Norms Over Time (45-48) Guideline 46

Guideline 45

An Act enters into force on the date specified in it, or, after a period following that of their publication. In some cases entry into force is postponed to provide sufficient time to adapt.

45.1. In principle, legislation should give its addressees sufficient time to adapt.

Example A

An Act that imposes new requirements on what must be taught in public schools should probably not take effect right away.  It should allow teachers and schools enough time to develop a teaching plan and teaching materials, and it should allow students enough time to adjust to the new requirements.
45.2. The entry into force of the Act should be set on a specific date, or after a period from the date of publication, or on a future date to be determined by a competent person/body in a manner prescribed by law, or on the fulfilment of a condition.
45.2.1. The entry into force of the Act should not be earlier than the date of its publication.
45.2.2. As far as possible, the entry into force should not be determined by reference to a date to be set by a subsequent Act.
45.2.3. An Act based upon another Act must not enter into force before the date set for the entry into force of the Act on which it is based.
45.2.4. The entry into force of the Act must not be made dependent on the fulfilment of a condition of which the general public have no knowledge.

Example A

You should not write:
This Act takes effect when the President so directs.
You may instead write:
This Act enters into force on a date specified by the President.  The President shall specify the date in a notice to Parliament, and shall make the notice publicly available, at least 10 days before the date occurs.

 
Norms Over Time (45-48) Guideline 46
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