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Affecting existing rights, duties, situations and addressing past conduct
This is a single section from Chapter 11. Read the full chapter here.
Are all transitional provisions and savings provisions contained in the new legislation?
All transitional provisions should be contained in the new legislation.
For reasons of accessibility and clarity, where the provisions of the Interpretation Act are not relied on, all transitional provisions should be contained in the Act that they relate to. There are two exceptions to this principle which should rarely be used, and only when there is a genuine need to do so.
- In situations with a large number of transitional provisions and savings provisions, it may be appropriate to produce a separate Act to deal with them. However, this can significantly impact the accessibility of the legislation and may introduce undesirable complexity into the statute book.
- In situations where it is not possible to foresee all of the potential transitional and savings issues that might arise, it may be appropriate to create a provision that empowers the executive to make regulations dealing with transitional and savings issues. This option is not a substitute for a thorough assessment of the potential transitional and savings issues and will likely be the subject of an adverse report from the Regulations Review Committee (see Chapter 13).
The PCO and legal advisers should be consulted at an early stage if new legislation proposes to rely on one of the above exceptions.