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

 

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

Study Materials

Module 2 - Drafting Amending Provisions: Preview

Module 2 Preview

This Module deals with provisions that change existing legislation in some way and address the legal consequences of these changes. In most jurisdictions, these provisions constitute a very substantial portion of the legislation enacted each year. This reflects the need to keep legislation aligned with the ever-changing conditions of the community for which it is enacted and the world in which we live.

This Module discusses these provisions under two general headings: amending provisions and transitional provisions.

The discussion of amending provisions addresses all types of provisions used to make changes in the law, including repeal and replacement provisions. By the same token, the discussion of transitional provisions includes provisions that preserve to some extent the former law or pre-existing rights: saving provisions.

Objectives of this Module

By the end of this Module, you should be able to do the following:

  • draft amending provisions, including repeal and replacement provisions;
  • take account of the law on repeal, including implied repeal, and the legal effects of repeals in drafting amending and transitional provisions
  • draft transitional provisions.

Studying this Module

This Module is divided into three sections:

  1. What are amending and transitional provisions and how are they arranged?
  2. How do we draft amending provisions?
  3. How do we draft transitional provisions?

Continue to the first section of Module 1.

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Last modified: Tuesday, 16 September 2014, 3:45 PM MDT