This is a single section from Chapter 8. Read the full chapter here.

Does the legislation provide ready access to the treaty that it implements?

Legislation which implements a treaty should provide easy access to the treaty that it implements.


People must have ready access to the primary source of the legislation (for example, by including it in a schedule to the Act). However, treaties can be amended from time to time; so there must be clarity about the effect of any subsequent change to the referenced document, and how to best identify and provide access to the authoritative version of the treaty following any amendment. Part 3, Subpart 2 of the Legislation Act 2012 addresses similar issues regarding the incorporation by reference of material into delegated legislation.

It will be necessary to balance the need to provide easy access to the text of the treaty being implemented against any practical difficulties of doing so. For example, it might not be appropriate to annex particularly lengthy or technically complex treaties to legislation. 

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