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

 

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

Study Materials

Module 2: Section 3

What matters are likely to require these provisions?

Each legislative project has its own distinctive requirements. But in general terms, saving and transitional provisions are concerned with the future status of circumstances or activities that have arisen or been undertaken under the repealed law.

Following is a check list of the kinds of existing cases that regularly call for consideration when working out saving and transitional provisions:

  • institutions or offices established under the repealed law and appointments to them;
  • proceedings already commenced, but not completed; rights of appeals in respect of proceedings instituted under the repealed law;
  • powers to impose or enforce a penalty or punishment in relation to offences committed before the repeal;
  • licences issued and still in force;
  • duties or liabilities subsisting at the time of the repeal;
  • rights or financial benefits or allowances, subsisting at the time of the repeal;
  • subsidiary legislation and statutory orders made under the repealed law;
  • forms and other documents having effect at the time of the repeal;
  • references in current law to replaced enactments;
  • action taken as legally required, prior to the repeal, as a preliminary to some administrative decision not yet made;
  • taking account of a period of time already accrued under a scheme in the repealed law for the purposes of the scheme under the new law;
  • disposal of assets, liabilities and functions of bodies dissolved by the new law;
  • interim arrangements to phase in new regulatory arrangements.

With the exception of the last two cases (which are likely to call for a body of temporary rules), you must determine whether:

  • to save them as they were provided for under the repealed law;
  • to save them but subject them to modified regulation under the new legislation;
  • to subject them to a different body of rules.

When matters are saved but subjected to new rules, there is very little difference in effect from transitional provisions that deal with past circumstances.

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