Legislative Drafting Guidelines | Legislative Drafting Guidelines | Structure of Legislative Acts (9-22)
Structure of Legislative Acts...Structure of Legislative Acts (9-22) Guideline 10

Guideline 9

All Acts must be structured according to national tradition. The basic-units are preceded by front-matter and may be followed by end-matter. Acts may include annexes.

9.1. The front matter of an Act includes various elements meant to identify the Act, put it in context, and facilitate access to its contents.
9.1.1. The front matter should always include the elements that are necessary to identify the Act (such as title, type, date, and name of the adopting/enacting authority). Different national traditions may mandate or permit the inclusion of further elements (such as serial number, reference to the authentic language version, date of entry into force, history of amendments, list of subordinate legislation issued under the Act, table of contents, recitals, statements of purpose, and enactment formulas).
9.1.2. Some elements of the front matter are part of the official legislative document considered by the enacting authority, some other elements are added after enactment by editors, as a convenience to readers. A clear structural distinction should be maintained between the front matter that is official and the front matter that is merely editorial.

Commentary:

In some jurisdictions, after an Act is enacted, there are compilers or editors who add information for the convenience of the reader.  For example, the jurisdiction may consolidate or arrange various Acts together and publish them as part of a code; if so, the compilers or editors may insert a marginal note to the Act to identify how the Act will appear in the code.
9.2. The basic-units of an Act are the main normative part of the Act. The basic-units may be grouped in higher-divisions and each basic-unit may be structured in subdivisions.

Commentary:

The basic units of an Act should be structured in a logical and intuitive way. Related provisions should be grouped together and placed in a logical and intuitive sequence within the group. Related groups should be organized together into higher divisions and placed in a logical and intuitive sequence within the higher division.

Example A

In an Act creating several new crimes, the most logical and intuitive structure may be to arrange the crimes in order from most important to least important, or most serious to least serious.

Example B

In an Act setting forth rules of court procedure, the most logical and intuitive structure may be to arrange the rules in chronological order, beginning with rules that would apply at the beginning of the court proceeding and ending with rules that would apply at the end of the court proceeding.

Example C

In a basic-unit setting forth a list of definitions, the most logical and intuitive structure may be to arrange the definitions in alphabetical order within that basic-unit.
9.3. The end-matter of an Act may include ending formulas, dates and places of adoption/enactment, and signatures.

Commentary:

As with the front-matter of an Act, the end-matter of an Act may include material added by compilers or editors for the convenience of the reader.  For example, the end-matter of an Act may contain notes that identify other documents that are related to the Act (such as the legislative documents and reports that were created during the legislative process), and where those other documents are published.
9.4. The annexes of an Act complement the Act’s content.

Commentary:

In some cases, information needed to understand an Act cannot be presented effectively using only words and sentences.  Such information can sometimes be presented more effectively in tables or in graphical form, such as with a map, diagram, or chart.  If so, it may be best to place the table or graphic in an annex.
 
Structure of Legislative Acts...Structure of Legislative Acts (9-22) Guideline 10
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