Module 1 - Drafting Preliminary and Final Provisions: Preview
Module 1 Preview
At the beginning and end of a legislative text, legislative counsel conventionally include a number of provisions to perform mainly technical functions. Most of these do not contain substantive rules of law. But they play important functions in establishing the authenticity of the legislation, in supporting its operation and use and in ensuring that new legislation is compatible with existing legislation.
This Module deals with provisions usually found either at the beginning of a legislative text or at the end. However, the practices of placing these provisions either at the beginning or the end are not uniform across all jurisdictions. This is why they are dealt with together in this Module.
Objectives for this Module
By the end of this Module, you should be able to draft provisions that appear as preliminary or final provisions in legislation in your jurisdiction, particularly in Bills and Acts. These provisions include the following:
- provisions that appear as the preliminary provisions in legislation in your jurisdiction;
- appropriate definitions or other interpretation provisions;
- appropriate application provisions.
Studying this Module
This topic is divided into seven sections:
- What are preliminary provisions and what other material may be included?
- How do we draft titles, preambles and words of enactment?
- How do we draft commencement and duration provisions?
- How do we draft interpretation provisions?
- When and how do we draft purpose clauses?
- When and how do we draft application provisions?
- When and how do we draft schedules?
Although you have come across most of these matters in the earlier Modules, this Module contains much that is new. This offers an opportunity both to put your present knowledge into a more systematic framework and to look in detail at some of the finer points.
You will need a number of study sessions to complete this module since it contains a substantial number of activities and exercises. The text is written so that you can make a convenient break after completing any of the sections.
Your aim in this Module is to become familiar with the way preliminary and final provisions are dealt with in your jurisdiction and to compare the local practice with developments elsewhere. The Resource Materials contains some illustrative precedents, which you should examine in addition to the examples in the text and the material you gather from your own jurisdiction in the course of your activities. The exercises are designed to enable you to consolidate what you learn.
Continue to the first section of Module 1.