LGST 557
Implementation Provisions and Drafting Processes (OCW)

 

LGST 557
Implementation Provisions and Drafting Processes (OCW)

Study Materials

Module 1 - Drafting Other Common Provisions: Preview

Module Preview

Drafting Other Common Provisions

This Module deals with two types of provisions that legislative counsel are frequently called upon to draft. Section 1 deals with provisions for the enforcement of legislation through offences and penalties (penal provisions). Section 2 deals with the delegation of subsidiary legislative powers and Section 3 deals with drafting subsidiary legislation. Although much of what you have learned about drafting Bills in general applies equally to subsidiary legislation, the drafting of subsidiary legislation has distinctive features that justify its separate consideration.

Objectives of this Module

By the end of this Module, you should be able to draft the following in keeping with the practice in your jurisdiction:

  • penal provisions to enforce require­ments of the legislative scheme;
  • provisions enabling the making of subsidiary legislation;
  • the main types of subsidiary legislation.

Studying this Module

This Module is divided into three Sections:

  1. How do we draft penal provisions to enforce legislation?
  2. How do we delegate powers to legislate?
  3. How do we draft subsidiary legislation?

Each Section is a distinct topic, and each should be completed before you start on another. Although you will already have met some of the matters examined in this Module, each Section is designed to provide both a method of approach in dealing with the provisions in question and a framework within which to build your existing and new knowledge. They also provide an opportunity to reinforce matters you have come across earlier. We suggest that you do not rush them.

Continue to the first section of Module 1.

Last modified: Friday, 21 November 2014, 4:34 PM MST