LGST 555
Drafting Preliminary, Amending, and Final Provisions (OCW)

 

LGST 555
Drafting Preliminary, Amending, and Final Provisions (OCW)

Study Materials

Module 2: Section 3

Review

In this Section, you have been working on those provisions that are typically used to ensure a smooth transition following the repeal, replacement or amendment of existing law and the institution of new arrangements. You should now be aware of the potential importance of transitional and saving provisions for those whose affairs have been regulated under the repealed or replaced law.

It should also be apparent that the preparation of these provisions can be a demanding part of the legislative counsel’s function and that it merits being approached as a distinct part of the drafting process.

At the end of this Section, you should be able to do the following:

  • decide when to provide necessary saving and other transitional provisions;
  • draft those kinds of provisions.

Review the Essential Questions at the beginning of this Section to check whether you are comfortable with all aspects of this Section. If you are uncertain on any topic, rework the relevant part of the text. Reconsideration of the examples may be particularly helpful in these cases.

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