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Office of the Parliamentary Counsel OFFICE OF THE PARLIAMENTARY COUNSEL DRAFTING GUIDANCE __________________________________ Please send comments on the contents and suggestions for additions to the Drafting Techniques Group. 20 March 2014 FOREWORD Introduction 1 This guidance has been produced by the Drafting Techniques Group of the Office of the Parliamentary Counsel (“OPC”). 2 It is designed for members of OPC who are drafting Bills to be considered in Parliament. It is not meant to be a comprehensive guide to legislative drafting; nor is it a guide to statutory interpretation or past drafting practice. 3 Members of the OPC are asked to have regard to the guidance. But everything in the guidance is subject to the fundamental consideration that drafts must be accurate and effective, and it is recognised that drafters will need to take their particular requirements into account. It follows that there will be departures from what is said here. Overview 4 Part 1 deals with the general drafting principle of clarity. Drafters will need to think about clarity whenever and whatever they draft. Those new to drafting might like to read this Part in one go (and experienced drafters might like to re-read it occasionally). 5 The remaining Parts contain guidance on particular points which drafters are likely to come across. These Parts are for reference. 6 The need to achieve clarity does of course inform everything that is said in the remaining Parts. But there are other drafting principles which are relevant here too, such as effectiveness, consistency and conciseness. 7 Part 2 deals with some specific language-related points. In particular, there is material on gender neutrality (a separate drafting principle in its own right). 8 Part 3 addresses some commonly-used drafting techniques. 9 Part 4 is about drafting repeals, amendments and modifications of existing enactments. 10 Part 5 contains material on subordinate legislation. 11 Part 6 is about how to express periods of time. 12 Part 7 has some material relating to statutory corporations and other bodies corporate. 13 Part 8 deals with the final provisions of a Bill. 14 Part 9 contains supplementary material. —i— —ii— CONTENTS FOREWORD Introduction. i Overview . i PART 1 CLARITY 1.1 INTRODUCTION TO CLARITY Aim of Part 1 . 1 The principle of clarity. 1 How clarity is tested. 2 1.2 STRUCTURE AND ORGANISATION Telling the story . 3 Organisation and headings . 3 Schedules . 4 Order of material . 4 Clause structure . 4 1.3 CLARITY OF EXPRESSION Sentences . 7 Conditions . 9 Positive and negative . 10 Active and passive . 10 Verbs and nouns . 11 Possessives. 11 Vocabulary. 11 Tone and emphasis. 13 Adaptation to style of amended Act . 13 Tables . 13 Method statements . 14 PART 2 POINTS ABOUT LANGUAGE 2.1 WORDS AND PHRASES affect . 15 and . 15 —iii— any. 15 apart from . 16 being . 16 but . 16 certain . 17 commencement . 17 description . 17 deemed to be . 18 disregarded . 18 to the extent that . 18 forthwith . 18 furnish . 18 here- words . 18 known as . 18 manner . 19 notify. 19 notwithstanding . 19 only . 19 or . 19 particulars . 19 prescribe. 20 provide . 20 provided that. 21 provision . 21 pursuant to, in pursuance of . 22 in relation to, in respect of, with respect to, as respects . 23 satisfied. 23 shall. 23 subject to . ..
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